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Agenda 10-17-17The City of Boynton Beach City Commission Agenda Tuesday, October 17, 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 1037 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES AND 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 and 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 1037 1. OPENINGS A. Call to Order - Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner Romelus Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS A. Announcement of the Community Redevelopment Agency's (CRA's) 6th Annual Boynton Beach Pirate Fest and Mermaid Splash. B. Announcement by Recreation & Parks Director about the upcoming holiday events and now accepting nominations for the Holiday Parade Grand Marshal. Catch the Holiday Spirit by joining us a these wonderful events: Holiday Movie at the amphitheater beginning at 7pm on Friday, Dec. 1 Holiday Parade on Federal Hwy., beginning at 4pm on Saturday, Dec. 2 Holiday Tree Lighting, beginning at 5:30pm on Saturday, Dec. 2. Holiday Boat Parade, 6pm - 8pm on Friday, Dec. 8 Music on the Rocks, beginning at 6pm on Friday, Dec. 15. C. Announce The City of Boynton Beach is hosting a Flood Awareness Workshop on Wednesday, November 8th from 5:30-7:00 pm at the Intracoastal Park Clubhouse. The workshop will answer residents' questions about flooding and City services, the newly revised FEMA flood insurance rate maps will be on display. For more information, contact Rebecca Harvey, Sustainability Coordinator at 742-6494. The flyer is available at the back of the Chambers. D. Announce that the City will be holding an project update for the community on the Town Square Project - Phase 1 on Wednesday, November 1, 2017 from 5:30PM - 7:OOPM in the Library Program Room. E. Schedule and announce a special meeting of the City Commission and the CRA for discussion and consideration of Town Square Phase II contract. Staff recommends a special meeting be held prior to the November 7, 2017 regular City Commission meeting to allow enough time for presentation and discussion of the Phase I I contract documents. Staff recommends the special meeting begin at 4:00 pm. 4. PUBLIC AUDIENCE Page 3 of 1037 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: 2 Alts Building Board of Adjustments & Appeals: 2 Regs and 2 Alts Employee Pension Board: 1 Reg Library Bd: 1 Alt Senior Advisory Bd: 1 Alt 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. R17-093 - Approve the temporary road closures of Seacrest Blvd, the intersection of W Boynton Beach Blvd and N Seacrest Blvd, E. Ocean Ave., and Federal Highway in between E. Ocean Ave. and Boynton Beach Blvd. on Saturday, November 4, 2017 for the 5K Race for Poverty, and authorize the City Manager, or designee, to apply for the State permit for the temporary road closure. B. PROPOSED RESOLUTION NO. R17-094- Approve the City's State Housing Initiatives Partnership (SHIP) Program Annual Report and Authorize the Mayor or his designee to execute the Certification to Accompany the report. C. PROPOSED RESOLUTION NO. R17-095 - Authorize the City Manager to sign an annual service agreement with Queues Enforth Development, Inc in the amount of $71,664 for the continued maintenance and repair of the Public Safety Computer Aided Dispatch/Records Management System as a sole source vendor. D. PROPOSED RESOLUTION NO. R17-096 - Authorize the City Manager or designee to apply for and sign all documents with Florida Department of Transportation (FDOT) State Safety Office associated with the grant acceptance and grant agreement subject to the approval of the City Attorney for the Boynton Beach Occupant Protection & Child Passenger Safety Program. E. PROPOSED RESOLUTION NO. R17-097 - Authorize the City Manager to sign a proposal/contract with M&M Asphalt Maintenance Inc., d/b/a All County Paving of Delray Beach, FL, in the amount of $89,285, plus a 10% construction contingency in the amount of $9,000 for a total cost of $98,285.00 for the purpose of rehabilitating Commerce Road utilizing the City of West Palm Beach's Paving Contract #16393 pricing, terms and conditions. The City of West Palm Beach's competitive bid process satisfies the City of Boynton Beach's competitive bid requirements. F. PROPOSED RESOLUTION NO. R17-098 - Authorize the City Manager to sign a 3 year Master Services Agreement with AT&T for the installation of a 20MB Dedicated Internet Circuit and Reactive Distributed Denial of Service Monitoring for a total monthly cost of $911.11 split equally between the Police and Fire Department, utilizing the GSA Schedule 70 of the GSA Contract GS -35F -0249J 1. G. Authorize utilizing the State of Florida Contract No. 46000000-15-1, Defense Products, for the purchase of police equipment and ammunition with Lou's Police and Security Equipment of Hialeah, FL for an estimated annual expenditure of $90,000. The State of Florida procurement process satisfies the City's competitive bid requirements. Page 4 of 1037 H. Authorize utilizing the NASPO ValuePoint contract 2016-182, for the purchase of body armor with Lou's Police and Security Equipment of Hialeah, FL for an estimated annual expenditure of $85,000. The NASPO procurement process satisfies the City's competitive bid requirements. Approve utilizing Sunbelt Waste Equipment of Pompano Beach, FL for an estimated annual expenditure of $85,000. Sunbelt Waste Equipment is the sole source and authorized dealer and repair center for Heil products. Approve an increase to estimated annual expenditure to Thermal Concept from $125,000 to $200,000 per the City Bid #050-2511-16/J MA. K. Approve the issuance of an annual blanket purchase order to South Florida Emergency Vehicles for an estimated annual expenditure of $75,000 as a sole source vendor. Approve Blanket Purchase order to Lou Bachrodt Freightliner of Pompano Beach, FL in the estimated annual amount of $50,000. M. Approve the issuance of a purchase order to Expert Diesel of Fort Lauderdale, FL utilizing the City of Miami's contract #291272(17) with an estimated annual estimated expenditure of $35,000. The City of Miami's procurement process satisfies the City's competitive bid requirements. N. Approve issuing a purchase order to Rechtien International Truck Center for an estimated annual expenditure of $75,000 as a sole source vendor. O. Approve an increase to the approved expenditure to the "Cooperative Bid to Furnish, Deliver and Discharge Quicklime" with Lhoist North America by an additional $80,000 for the first quarter of fiscal 2017/8. P. Approve utilizing the City of Bartow, FL Bid No. WD -2017-04 with American Water Chemicals, Inc. of Plant City, FL for Corrosion I nhibitor AW C A-782 for an estimated annual cost of $40,000. The City of Bartows procurement process satisfies the City's competitive bid requirements. Q. 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 October 17, 2017 - "Request for Extensions and/or Piggybacks." R. Accept the Fiscal Year 2016-2017 Budget Status Report of the General Fund and the Utilities Fund for the eleven (11) month period ended August 31, 2017. S. Legal Expenses - September 2017 - Information at the request of the City Commission. No action required. T. Accept the written report to the Commission for purchases over $10,000 for the month of September 2017. U. Approve the minutes from the Regular City Commission meetings held on September 19, 2017 and October 3, 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 for an estimated annual amount of $225,000. The City of Miami's procurement process satisfies the City's competitive bid requirements. B. Approve utilizing the City of Delray's Agreement based on ITB #2017-047 for the procurement of bulk gasoline and diesel fuel with MacMillan Oil Company, LLC of Hialeah, FL for the City's fleet with an annual estimated expenditure of $1,500,000. The City of Delray's procurement process satisfies the City of Boynton Beach's competitive bid requirements. C. Approve utilizing the Town of Palm Beach Bid #2015-08 for tree trimming and pruning with Zimmerman Tree Service of Lake Worth, FL for blanket purchase order with an estimated annual expenditure of $190,000. The Town of Palm Beach procurement process satisfies the City's Page 5 of 1037 competitive bid requirements D. Approve the ranking of the proposers as determined by the Evaluation Committees and authorize staff to conduct negotiations with the three highest ranked firms: The Mellgren Planning Group; Jon E. Schmidt & Associates d/b/a/ Schmidt Nichols; and Gentile Glas Holloway O'Mahoney & Associates, to establish contracts in accordance with Request for Qualifications - RFQ No.: 049- 2410-17/IT for General Planning Services and as per Florida Statutes 287.055, Consultants' Competitive Negotiations Act (CCNA). At completion of negotiations contracts will be brought back to the Commission for approval. 8. COMMUNITY STANDARDS 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. A. Approve Courtyard Gardens Major Site Plan Modification (MSPM 17-007) for a one-story, 51,258 square foot inpatient medical facility with memory care and related site improvements at 3005 S. Congress Avenue, in the C-3 (Community Commercial) zoning district. Applicant: Joni Brinkman, Urban Design Kilday Associates. B. PROPOSED ORDINANCE NO. 17-030- FIRST READING - Approve 711 North Federal Highway Abandonment (ABAN 17-007) request allowing the abandonment of a portion of the alley immediately west of 711 North Federal Highway, and immediately north of NE 6th Avenue. Applicant: Michael Simon, Executive Director of the Boynton Beach Community Redevelopment Agency (CRA). C. PROPOSED ORDINANCE NO. 17-031 - FIRST READING - Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article 11, Definitions and Chapter 3, Article IV, Section 3.D, Table 3-28, Use Matrix and Footnote #57 to add definitions, use provisions, and standards that regulate the medical marijuana dispensary industry. 10. CITY MANAGER'S REPORT A. Discussion of process of selling city owned land requested by Vice -Mayor Katz. B. Presentation of FY 17/18 Strategic Plan I nitiatives by Trina Pulliam. 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. PROPOSED RESOLUTION NO. R17-099 - Approve and authorize the First Amendment to the Homeless Resource Center I nterlocal Agreement with Palm Beach County. B. Commissioner Casello has requested to discuss the possibility of adding a monthly report on the Red Light camera program to the consent agenda. 13. LEGAL A. 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: 1. HASAN CALISKAN, Plaintiff vs. CITY OF BOYNTON BEACH, Defendant — Case No. 50 2015 CA 008096XXXXMB Page 6 of 1037 14. FUTURE AGENDA ITEMS A. Staff to review and report concerning Florida Textile Recycling, LLC. FTR, LLC which provides automated clothing recycling as a non-profit corporation and provides funding to agencies for other non-profit uses - November 7, 2017. B. Staff will prepare a list of legislative priorities for the 2018 legislative session for the Commission's input and approval. - November 7, 2017 C. Update from Boynton Beach Mental Health Committee by the Chair, Woodrow Hay - November 7, 2017. D. Discussion of number of boards people are allowed to serve on at one time, attendance policies, eligibility rules and qualification of members for all boards. - November 7, 2017 E. The Commission has requested for a representative of ATS attend a commission meeting to discuss possible additional features/services - TBD F. Staff to research possibility of allowing dogs at the beach during certain hours and bring back to Commission - TBD G. PROPOSED ORDINANCE NO. 17-021 - SECOND READING -Approve Town Square Future Land Use Map Amendment from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezone from PU Public Usage, REC Recreation and R-3 Multifamily to MU -3 Mixed Use 3 zoning district. City -initiated. (First Reading approved 8/15, Second Reading Pending Fl. Dept. of Economic Opportunity approval, which takes approximately 2 to 4 months.) PROPOSED ORDINANCE NO. 17-022 - SECOND READING - Amending Ordinance 02-013 to Rezone a Parcel of Land Described Herein and Commonly Referred to as Town Square From Public Usage (Pu); Recreation (Rec) And Multifamily (R-3) to Mixed Use 3 (Mu -3). 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, ORACTAVITY 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 1037 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/17/2017 REQUESTED ACTION BY COMMISSION: Call to Order - Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner Romelus 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: 1.A. OPENING ITEMS 10/17/2017 Page 8 of 1037 2.A. OTHER 10/17/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/17/2017 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: Page 9 of 1037 3.A. REQUESTED ACTION BY COMMISSION: Announcement of the Community Redevelopment Agency's (CRA's) 6th Annual Boynton Beach Pirate Fest and Mermaid Splash. EXPLANATION OF REQUEST: The 6th Annual Boynton Beach Pirate Fest and Mermaid Splash will be held on October 21st and 22nd, on Ocean Avenue between Seacrest Boulevard and Federal Highway. On Saturday, October 21st, Pirate Fest runs from 11:00 a.m. to 9:00 p.m. and on Sunday, October 22nd from 11:00 a.m. to 6:00 p.m. The festival opens with canon fire, and includes twelve stages of continuous live music, comedy acts, children's activities, pirate re-enactments, live mermaid shows, stunt shows & aerial acts, magic shows, costume contests, the Mermaid pageant, treasure hunts, Mermaid & Mariner's Parade and more. Craft and food vendors, including local businesses and restaurants, will be on-site. This event is FREE to the public. There is plenty of free parking available in the surrounding areas. Everyone is encouraged to participate in the "pirate/mermaid nostalgic maritime" theme by dressing in costume! The Schoolhouse Children's Museum and Learning Center will be holding a Pirate Treasure Hunt both days, 11:00 a.m. to 5:00 p.m. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City will provide necessary support such as road closures, water service, marketing assistance, etc. to the event. FISCAL IMPACT: Budgeted Budgeted in CRA's approved FY17/18 budget. ALTERNATIVES: Do not allow announcement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 10 of 1037 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment Description Pirate Fest Flyer Page 11 of 1037 ,M&T� ?irate Fe ermaidjs Splash J.'FJ l .UV IYI/iRllmu IV14toLa7 7:15 - 6:45 TB[ "MEET & GREE 8:45 9:00 FIRE KNIFE [DANGERS SUNDAY, OCTOBER 22 ID 11:00 -12:30 SCHOOL OF RUCK #� 12:45 - 2:15 TBO 2:30 - 3:30 MERMAID PAGEANT 3:30 - 4:00 MISS JOOY'S PLACE TO [DANCE 3.B. REQUESTED ACTION BY COMMISSION: Announcement by Recreation & Parks Director about the upcoming holiday events and now accepting nominations for the Holiday Parade Grand Marshal. Catch the Holiday Spirit by joining us a these wonderful events: Holiday Movie at the amphitheater beginning at 7pm on Friday, Dec. 1 Holiday Parade on Federal Hwy., beginning at 4pm on Saturday, Dec Holiday Tree Lighting, beginning at 5:30pm on Saturday, Dec. 2. Holiday Boat Parade, 6pm - 8pm on Friday, Dec. 8 Music on the Rocks, beginning at 6pm on Friday, Dec. 15. EXPLANATION OF REQUEST: The annual Holiday Parade will be held Saturday, December 2, beginning at 4pm. The City is now accepting nominations for the Parade Grand Marshal. The Grand Marshal is someone who has made a lasting impact or significant contribution to the Boynton Beach Community. It is an outstanding individual who exhibits community leadership, acting as a mentor or contributing personal efforts that reflect positively on our community. The Recreation & Parks Department is accepting nominations until October 20, 2017. 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: Page 14 of 1037 3.C. REQUESTED ACTION BY COMMISSION: Announce The City of Boynton Beach is hosting a Flood Awareness Workshop on Wednesday, November 8th from 5:30-7:00 pm at the Intracoastal Park Clubhouse. The workshop will answer residents' questions about flooding and City services, the newly revised FEMA flood insurance rate maps will be on display. For more information, contact Rebecca Harvey, Sustainability Coordinator at 742-6494. The flyer is available at the back of the Chambers. EXPLANATION OF REQUEST: The City of Boynton Beach is hosting a Flood Awareness Workshop to coincide with the November King Tides on Wednesday, November 8th from 5:30-7:00 pm at the Intracoastal Park Clubhouse. The workshop will answer residents' questions about flooding and City services, and will provide a forum for the public to interact with City officials and scientists. The newly revised FEMA flood insurance rate maps will be on display and light refreshments will be served. For more information, contact Rebecca Harvey, Sustainability Coordinator at 742-6494, HarveyR@bbf1.us. 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: Page 15 of 1037 ATTACHMENTS: Type D Attachment Description Flood Workshop Flyer Page 16 of 1037 c: �;C` �{-.�. s.. '�� - .. '�C*- I 'k C`L' C`L"J � C*- � �+J J C*- � �+JOk- J A - ing id K' T' 9 Even The City of Boynton Beach marks the November King Tides with an educational workshop for the public to learn about flood risks including storms, high tides, and sea -level rise. The workshop will answer questions about flooding and City services, and will provide a forum for the public to interact with experts and view the newly revised FEMA flood insurance rate maps. Light refreshments will be served. • -• • - •- 1 11 • Intracoastal Park Clubhouse 2240 North Federal Highway, Boynton Beach Featuring: Mayor Steven Grant Colin Groff, Assistant City Manager D •••• • President ••• Liz Perez, President & Founder, Collective Water Resourc] For more information, contact Rebecca Harvey, Sustainability Coordinator, (561) 742-6494, HarveyR@bbfl.us REQUESTED ACTION BY COMMISSION: Announce that the City will be holding an project update for the community on the Town Square Project - Phase 1 on Wednesday, November 1, 2017 from 5:30PM - 7:OOPM in the Library Program Room. 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: Page 18 of 1037 REQUESTED ACTION BY COMMISSION: Schedule and announce a special meeting of the City Commission and the CRA for discussion and consideration of Town Square Phase I I contract. Staff recommends a special meeting be held prior to the November 7, 2017 regular City Commission meeting to allow enough time for presentation and discussion of the Phase I I contract documents. Staff recommends the special meeting begin at 4:00 pm. 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: Page 19 of 1037 5.A. ADMINISTRATIVE 10/17/2017 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: 2 Alts Building Board of Adjustments & Appeals: 2 Regs and 2 Alts Employee Pension Board: 1 Reg Library Bd: 1 Alt Senior Advisory Bd: 1 Alt 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: Page 20 of 1037 ATTACHMENTS: Type D Other Description Appointments Page 21 of 1037 APPOINTMENTS AND APPLICANTS FOR OCTOBER 17, 2017 Arts Commission II McCray Alt IIII Romelus Alt Applicants None 1 yr term to 12/17 Tabled (3) 1 yr term to 12/17 Tabled (3) Building Board of Adjustments and Appeals I Katz Alt 1 yr term to 12/17 Tabled (3) II McCray Alt 1 yr term to 12/17 Tabled (3) III Romelus Reg 3 yr term to 12/17 Tabled (3) IV Casello Reg 3 yr term to 12/18 Tabled (3) Applicants None Employee Pension Board I Katz Reg 3 yr term to 12/17 Applicants None Library Board II McCray Alt 1 yr term to 12/17 Applicants None Senior Advisory Board I Katz Alt Applicants None 1 yr term to 12/17 Tabled (2) Page 22 of 1037 6.A. CONSENTAGENDA 10/17/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-093 -Approve the temporary road closures of Seacrest Blvd, the intersection of W Boynton Beach Blvd and N Seacrest Blvd, E. Ocean Ave., and Federal Highway in between E. Ocean Ave. and Boynton Beach Blvd. on Saturday, November 4, 2017 for the 5K Race for Poverty, and authorize the City Manager, or designee, to apply for the State permit for the temporary road closure. EXPLANATION OF REQUEST: The 5K Race for Poverty is an event in the city put on my Pathways to Prosperity, I nc. The 5K route goes down Seacrest Blvd which is a county maintained road and goes down Boynton Beach Blvd and Federal Highway which are state maintained roads. The closing of a state road requires a permit from FDOT which must be requested by an authorized official of the city. The road closure will be from approximately from 7:00am - 10:00am. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The temporary re-routing of traffic around these roads and intersection. FISCAL IMPACT: N/A ALTERNATIVES: Do not approve the road closure. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 23 of 1037 ATTACHMENTS: Type D Resolution D Attachment D Attachment D Addendum Description Resolution approving temporary road closures for 5K Race for Poverty IF DOT Road Closure Permit Information City of Boynton each Special Event Permit I nformation 5K Race for Poverty Route Map Page 24 of 1037 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 RESOLUTION NO. R17 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE TEMPORARY ROAD CLOSING OF SEACREST BOULEVARD, THE INTERSECTION OF WEST BOYNTON BEACH BOULEVARD AND NORTH SEACREST BOULEVARD, EAST OCEAN AVENUE AND FEDERAL HIGHWAY IN BETWEEN EAST OCEAN AVENUE AND BOYNTON BEACH BOULEVARD ON SATURDAY, NOVEMBER 4, 2017 FOR THE 5K RACE FOR POVERTY AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO APPLY FOR STATE PERMITS FOR THE TEMPORARY ROAD CLOSING; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the 5k Race for Poverty is an event in the City put on by Pathways to Prosperity, Inc.; and WHEREAS, in order to provide for the safety of the participants and citizens attending the 5k race, the intersection of West Boynton Beach Boulevard and North Seacrest Boulevard, East Ocean Avenue and Federal Highway between East Ocean Avenue and Boynton Beach Boulevard will be required to be closed beginning at 7:00 a.m.; and WHEREAS, the Florida Department of Transportation requires the local government to authorize all temporary road closures on state roadways; and WHEREAS, the City Commission of the City of Boynton Beach desires to authorize the temporary closing of the intersection of West Boynton Beach Boulevard and North Seacrest Boulevard, East Ocean Avenue and Federal Highway between East Ocean Avenue and Boynton Beach Boulevard on November 4, 2017, to provide for the safety of the participants and citizens attending the 5K Race for Poverty; and WHEREAS, the City Manager (or her designee) is authorized to apply for the permit for temporary closing of state roads for special events, pursuant to Chapter 14-65, Florida Administrative Code, for said temporary closings; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 35 Section 1. The foregoing "WHEREAS" clauses are true and correct and 36 hereby ratified and confirmed by the City Commission C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\89E2D6BF-E611-4DE6-85E5-B59826C931DD\Boynton Beach. 7209.1. Road Closings_5k Run (2017)_-_Reso.doc Page 25 of 1037 37 Section 2. That the City Commission of the City of Boynton Beach authorizes the 38 temporary closing of the intersection of West Boynton Beach Boulevard and North Seacrest 39 Boulevard; East Ocean Avenue and Federal Highway between East Ocean Avenue and 4o Boynton Beach Boulevard on November 4, 2017, to provide for the safety of the participants 41 and citizens attending the 5K Race for Poverty. 42 Section 3. The City Manager (or her designee) is hereby authorized to apply for 43 permits from the Florida Department of Transportation pursuant to Chapter 14-65, Florida 44 Administrative Code, for said temporary closings. 45 Section 4. That this Resolution will become effective immediately upon passage. 46 PASSED AND ADOPTED this day of 2017. 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 ATTEST: 65 66 67 68 Judith A. Pyle, CMC 69 City Clerk 70 71 72 73 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\89E2D6BF-E611-4DE6-85E5-B59826C931DD\Boynton Beach. 7209.1. Road Closings_5k Run (2017)_-_Reso.doc Page 26 of 1037 FAC STATE QY_ FLORDA DEPARTMENT OF TRANSPQRT4TION W-04465 TEMPORARY CLOSING OF STATE ROAD PERMIT MAINT2NAWCE Date: _WA_a�o a_ Permit No. Governmental Enti!ziPermittee Approving Local Government 1 Contact Person 0 2'1�3 Address T L '2 - Telephone iii l Email A ow wok U a Org Anization RequestingS pecial Event Name of Organization _(P,4JP) Contact Person TZa_P61A-S4 Address --sb"kAs Telephone Email Descril3tion of Special Event Event Titte '�–> V_ k--,CLCL 6x "'JA-Vill Date of Event Staft Time End Time Event Route (attach map) Detour Route (attach map) Name of Agency -,-_ pl��* Not Applicable [I Copy of USCG Approval Letter Attached Bridge Location ResDonsible fo lina Movable B The Perrinittee will assume all risk of and indemnify, defend and save harmless the State of Florida and the FDOT frorn and against any and all toss, damage, cost or expense arising in any manner on account of the exercise of this event. The Permittee shall be responsible to maintain the portion of the state road it occupies for the duration of this event, free of litter and providing a safe environment to the public. Event Coordinator Signature Law Enforce Senit Nameffitle14 Signature Government Of I 'at Narneffitle Signature Nameffitle r.AWW"YAR1111011992 FDOT Author — Signature Date Date EM Page 27 of 1037 Special Event Application City of Bop-iton Beach A detailed site digggiram layout showing all event elements (stages, restroorns, signage, tents, etc.) rnust be attached. Application gnd,permit fee must also be included when application is turned in to Risk Management, or it will not be reviewed. EVENT PROPOSAL Name of Event: Path w vs to Prosuentv (P2P)Inauaural Racing Out of Poverty % aLnd I mile fun run Requested location of event: 5L John's MisqnnaU Baoust Church 900 t B zt3 _5e�qjqT,�__jyd,_0py aq Bach, tit -fte -3-a- -5 Purpose of the event: Fundraiser for P2P's comm gry-1ces in Boynton Beach Estimated number of participants, 100-200 Number of years this event has taken place in the City of Boynton Beach: a If the event produced in other cities, please list the cities: D,single Event __ L7at Day of Week Begin Fnd PM 10,00 ,A M P 1V Event Setup: ILLV-, L�j Laf_�_ 6:00 V AM [_ Event Day 1: El AM 0 PM Cj AM QPM Event Day 2: 0 Am DPM_ [I AM F1 PM Event Day 3: El AM r_1 PM _ 0 AM E)PM 8reakdown. DAM E3PMEl AM 0 PM El Recurring Event (Yearly Permit) Le iced Start Date D -ay of Week End Monthly: F_] AM E] PM __ OAM [IPM El First [I Second [I Third [:1 Fourth of every month (Ex: Recurs every Second Tuesday of the month) Event Setup* El AM El PM 0 AM 0 PM Breakdown- [-I AM D PM El AM [] PM Detailed Description of the event: This is the first A_oJ —what we hPae—wil)-become anfundraiser _��mjual jor P2P. he I_ proceeds from tNs event wlll help further our mission,through our holistic ach to emagwer individuals and have _q_ _ approach. _ a positive and meaningful impact in the Hves of children, narents_and entirg faMille-s ino6rj��ni�y_ The services and L9_(jcam and include BRIUDSG4ES �at 6ovon Beach, CIRCLES Palm Beach .County . Healthier Bgvnton Beach, Back to Schoo,l Bq5nh c ,1_a dty__Wld� s arent support jigmg !��pa... I - Varksh �_ducat1ov1,e_m_,PL0yM_ent —readin—essfood pantry, reduced price [ORQANIZATION MODUCING EVENT-. ENTNT COORDYNKPORs Name Name Yalend ,n �� V��,,efl Anderson Address 9ZQ�Lgrth Seacrest Boulevard Address 210 NVV 7 " Ave City Doynton Beach City t3o Inn Bqpch State/Zip Florifin ),a State/Zip Fl10tka Phone/Fax 561-,-- 161-732-3270 Phone/Fax 516.1-1271-1748 EmWl lvvflsonCd) 2p bc.org. andc -p_-__ Email vsp Is, frl, Check all that apply: V Non -Profit 0 Private El Commercial 'Fax Exempt Number: copy of certificate) aSE1 FE TING ORGANIZATION: If same as above, check here: V If the proceeds of the requested event are intended for an organization other than the applicant, please provide the followina information: —,D Benefiting organIzation: Address: tity/State/Zip: Contact Person: Contact Phone: Terms of Agreement: Total Estimated Donation: Revised Soptcniber 2014 I of Page 28 of 1037 Special Event Application City of Boy�n Beach Will music be provided? 21 YES El NO * Live Band, DJ, Sound System? 'F * Time of Day: * Type of Music. " Quantity of Speakers; Does the proposed area include fenced areas? Wi8 food be served? Will alcohol be served? Will you be using a grill? Will you be having a tent or temporary structure? Will you be using a generator? ,Are you proposing to place signs or erect banners? Are you proposing to use Fireworks at your event? Will the event include vendors? Clean-up service provided by: D YES [I NO DYES [j NO * Foe&Vendorfs). El YES 2NO C] YES L?NO * Propane or Charcoal? F'PLMSF REMEMBER;—- -✓7 Make sure to �en in )Tjur �Wr'iificate of insuranco, 5.jtq diagrat IaVout, inforM ational flyers (if any) and the goolication & germl-Ve-u. with this application! * All extension cords must be rated for exterior use, be in good condition, plugged into GFCI receptacles, and have heavy rubber mats covering the cord if it runs through vehicular or pedestrian pathways. * Handicap accessibility shah be maintained at all times. * If you will be using either a grill or a generator, you must have a tagged fire extinguisher next to the equipment at all times. ENT NAME. Pathways tQ,rosDerity (P2P�inat ��Ut ofppveEt 5KpnniLl A_mlle fu�nn_rva Size/Quantity of LP tank(s). 2f YES [I NO Structure: mature at Date': Size/Quantity: YES E/:l NCS Propane/gas/cliesei Size/Quantity of LP tank(s): 0 YES Ej NO Quantity/Size of signs: Ej YES ONO Permit required from Fire Marshal C1 YES El NO What kind '0�=! _A Elcompany 0,,self Company: FIRE EMS DEPARTMENT If event site on City property is not cleaned, a cleanup fee will be assessed. F'PLMSF REMEMBER;—- -✓7 Make sure to �en in )Tjur �Wr'iificate of insuranco, 5.jtq diagrat IaVout, inforM ational flyers (if any) and the goolication & germl-Ve-u. with this application! * All extension cords must be rated for exterior use, be in good condition, plugged into GFCI receptacles, and have heavy rubber mats covering the cord if it runs through vehicular or pedestrian pathways. * Handicap accessibility shah be maintained at all times. * If you will be using either a grill or a generator, you must have a tagged fire extinguisher next to the equipment at all times. ENT NAME. Pathways tQ,rosDerity (P2P�inat ��Ut ofppveEt 5KpnniLl A_mlle fu�nn_rva mature at Date': 1'AI�PRgVALS. PLANNING & ZONING DIVISION SIGNATURE DATE BUILDING DIVISION SIGNATURE DATE FIRE EMS DEPARTMENT TP.E DATE POLICE DEPARTMENT SIG E DATE RISK MANAGEMENT SIGNATURE DATE RECREATION & PARKS DEPARTMENT SIGNATURE DATE PUBLIC WORKS DEPARTMENT SIGNATURE DATE Revised � iciplembtr 2014 2of2 Page 29 of 1037 The SKrace/event will start at9Q0N.geacrestBlvd. Participants will proceed South onN.Ieacrey Blvd toE.Ocean Ave,will then proceed east toAIA. Participants will then follow same route back, ending at938N.SeacneotBlvd, St. John's Baptist Church. Page 30 of 1037 -arl Ai Page 30 of 1037 istrict 4 Road Closure Event Notice To enter information click on 'Enable Editing' button or go to View tab and click 'Edit' Evert Title: 5K Race for Poverty Recurring (Y/N)-, No Date of Event: 11/4/2017 Start Time: 7.-00 a. rn, End Time: 10:00 a.m. City: Boynton Beach County: Palm Beach Event Route: Race / walk will start from (St. John MEG) — located at 970 N. Seacrest Blvd, to E. Ocean Ave, over the bridge to Coconut Lane, then the same route back, from E. Ocean Ave back to N. Seacrest, ending at St. John MBC, 970 N. Seacrest Blvd. Detour Route: N/A Page 31 of 1037 Special Event Application City Bacaynton each �'Isjn.gls Event Event tw cad mVAM [I PNI JU9_ VAM 13 PM Event Day I.OAM 0 PM E] AM OPM Event Day 2: [3 AM [I PM_ [] AM 0 PM Event Day 3, [1 AM [I PM — OPM__ 13 AM CIPM 0 AM [j— PM Breakdown, —DAM ORDINATOR- Name Name V a Address m2ftu=t=!�= Address; 10 7 v city 0 . O%jl _Qynlo ftach city 52Y21mamil j2, __ C State./Zip Hodd A ).A IN.7 state/zip f LOO -A Phone/ 1. I_L7%2_-aZZQ__ Phone/Fax 5§1=2_ZI.:j74a Email im "192WWb"M Email ReVised September 2014 Page 32 of 1037 Special Event Application Citv rt Beach Will music be provided? oes Will food be served? Will alcohol be served? Will you be using a grill? Will you be having a tent or temporary structure? Will you be using a generator? Are you proposing to place signs or erect benne s7 Are you proposing to use Fireworks at your event? Will the event include vendors? Clean-up service provided by: YES [3 NO - Live Band, D3, Sound System? * Time of Da 'A * Type of Music-, J�Z,, X �jf�f gnature * Quantity of Speakers: El YES RI&S ED NO El NO * FoedA�-_nd 'j7r, S)" 0 YES 2 No , El YES &NO * Propane or Charcoal?- DATE BUILDING DIVISION * Size/Quantity of LP tank(s): 21 YES 0 No * Structure: DATE FIRE EMS DEPARTMENT * Size/Quanelty: El YES 0 NO * Propaneigas/tIlesel DATE POLICE DEPARTMENT * Slze/Quant4 of LP tank(s). 0 YES 0 NO * Quantity/Size of signs: El YES ONO * Permit required from Fire Marshal R YES 0 No * What kind: 1�b le 4� Elcornpany elf * Company, * If evont site on City property Is not SIGNATURE DATE cleaned, a deenup fee will be assesse . - 777�7'77'0'777 7771 ENT NAME: &ftWa��l �PZ I " I i.L -1 !Mu�BAQM 'A gnature aepiWAllai PLANNING & ZONING DIVISION SIGNATURE DATE BUILDING DIVISION SIGNATURE DATE FIRE EMS DEPARTMENT SIGNATURE DATE POLICE DEPARTMENT SIGNATURE DATE RISK MANAGEMENT SIGNATURE DATE RECREATION & PARKS DEPARTMENT SIGNATURE DATE PUBLIC WORKS DEPARTMENT SIGNATURE DATE Revised September 2014 2 of2 Page 33 of 1037 14amed Insured and Mailing Address (NoStreet, Town or, City, County, State, Zip Code) Pathways To ProsperitV Inc 970 N Seacrest Blvd I Boynton Beach FL 33435 Hull & Company, LLC 970 Lake Carillon Drive "'t Suite 200 Saint Petersburg FL 33716 Policy NO FLAT CANCFL1.baI0jq Period: From 01/15/2017 10 01/15/2018 at 12:01 A. +t. Standard rime at your Mailing address shown above. Business Description., Non-P-rofit Organization Tax State LL—, Fon'n of Business- Organization Includina corporation Page 34 of 1037 POLICY : NN756267 • This endorsement modifies insurance provided under the following: i t t - '• f t •o in- to lia6ilityfor "bodily"property :!'." r "personal and advertising injury" caused, in whole or in !.rt by your acts or omissions or or omis- sions B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page i of 1 13 Page 35 of 1037 all - thails@p2ppbc.org https://oiitlookDfrice.com/owa/?path=hnaiVinbox Untitled Vci.ler,�cia Spells Andersoi-I <%rspeIJsanderson@gmaiLcom> Mon 511/2017 921 AM TO Hails <thails@p2ppbc.org>; 11 b A, Nr Nh C-71 0 ME 4-"' NFW, Are NUMA� Rftcwv' 41M Ame WE &M A'v NMA' + NS46,A,9, *,'WS 111 yy NEMAIV CN&M 0 x co f IIAMeK 1.1 Avc 91 Be b1med in all thfiigs, Vakneia M. Spells Anderson of 1 5/1/17. 10.27 AM Page 36 of 1037 Page 37 of 1037 M CONSENTAGENDA 10/17/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R117 -094 -Approve the City's State Housing I nitiatives Partnership (SHIP) Program Annual Report and Authorize the Mayor or his designee to execute the Certification to Accompany the report. EXPLANATION OF REQUEST: Per Florida Statute 420.0072 State Housing Partnership (SHIP) Program funds, the City of Boynton Beach receives an allocation of funds "which were created for the purpose of providing funds to counties and eligible municipalities as an incentive for th rtion of a local housing assistance plan, to expand the production of and preserve affordable housing, to further the housing element of the local government comprehensive plan specific to affordable housing and to increase housing related employment." The Statute requires that each county or eligible municipality submit to the Florida Housing Finance Corporation an annual report of its affordable housing programs and accomplishments utilizing SHIP funds through June 30, the close of the state fiscal year. The report shall be certified as accurate and complete by the local government' chief elected official or his/her designee. The Statute also requires that the report be made available for public inspection and comment prior to transmitting it to the cooperation. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Failure to submit the report could affect the City's ability to receive SHIP funds. FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 38 of 1037 Grant Amount: ATTACHMENTS: Type Description Resolution appro\4ng the Citys SHIP Annual Report 2017 SHIP Report Page 39 of 1037 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 R17 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE CITY'S STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) ANNUAL REPORT; AUTHORIZING THE MAYOR OR HIS DESIGNEE TO SIGN THE CERTIFICATION TO ACCOMPANY THE REPORT; PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with Florida Statutes Chapter 420, dedicated revenues resulting from the William E. Sadowski Affordable Housing Act are distributed to various municipalities that are "entitled" communities to assist with affordable housing efforts; and WHEREAS, the City receives an allocation of funds which, pursuant to F.S. 420.9072 were created for the purpose of providing funds to counties and eligible municipalities as an incentive for the creation of local housing partnerships, to expand the production of and preserve affordable housing, to further the housing element of the local government comprehensive plan specific to affordable housing and to increase housing related employment; and WHEREAS, the Statute requires that each county or eligible municipality shall submit to the Florida Housing Finance Corporation each year a report of its affordable housing programs and accomplishments through June 30th of each year; and WHEREAS, the report shall be certified as accurate and complete by the local government's chief elected official or his or her designee; and WHEREAS, upon the recommendation of staff, the City Commission deems it to be in the best interests of the citizens and residents of the City of Boynton Beach to approve the City's State Housing Initiatives Partnership (SHIP) Annual Report and authorize the C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\1C81ADB4-94C9-46B4-9E76-5FF24F4FDAFD\Boynton Beach. 7210.1.SHIP_Annual Report (2017)_-_Reso.doc Page 40 of 1037 29 Mayor to execute the Certifications to accompany the report. 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 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 58 59 60 61 62 63 Section 1. The foregoing "Whereas" clauses are true and correct and are hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the City's State Housing Initiatives Partnership (SHIP) Annual Report and authorizes the Mayor or his designee to sign the Certification to accompany the report. Section 3. This Resolution shall 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:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\1C81ADB4-94C9-46B4-9E76-5FF24F4FDAFD\Boynton Beach. 7210.1.SHIP_Annual Report (2017)_-_Reso.doc Page 41 of 1037 ■ UM107M On Behalf of City of Boynton Beach (Local Government), I hereby certify that: 1. The Annual Report information submitted electronically to Florida Housing Finance Corporation is true and 2. The local housing incentives or local housing incentive plan have been implemented or are in the process of being implemented. Including, at a minimum: a. Permits as defined in s.163.3164 (15) and (16) for affordable housing projects are expedited to a greater degree than other projects; and b. There is an ongoing process for review of local policies, ordinances, regulations, and plan provisions that increase the cost of housing prior to their adoption. 3. The cumulative cost per newly constructed housing per housing unit, from these actions is estimated to be 4. The cumulative cost per rehabilitated housing per housing unit, from these actions is estimated to be $00 Staff Member responsible for submitting annual report to FHFC: Octavia Sherrod, Community Improvement Manager Witness Signature Date Chief Elected Official or Designee Signature Date Witness Printed Name Witness Signature Date Witness Printed Name Signature Date Steven B. Grant, Mayor Chief Elected Official or Designee Printed Name ATTEST (Seal) 420.9075 (10) Each county or eligible municipality shall submit to the corporation by September 15 of each year a report of its affordable housing programs and accomplishments through June 30 immediately preceding submittal of the report. The report shall be certified as accurate and complete by the local government's chief elected official or his or her designee. Transmittal of the annual report by a county's or eligible municipality's chief elected official, or his or her designee, certifies that the local housing incentive strategies, or, if applicable, the local housing incentive plan, have been implemented or are in the process of being implemented pursuant to the adopted schedule for implementation. Page 42 of 1037 Form SHIP AR/2009 67-37.008(3)(fl, F.A.C. Effective Date: 11/2009 • Annual Report Report Submitted Page 43 of 1037 Homeownership ff-= �Purchase Assistance Without Rehab Homeownership Totals: $315,391.95 10 • TMIMM"i- �-e U!i` 11 � � � � � 1 � 11 � 1 1 � � � � � I I � i 1� I k-UrPHUM State Annual Distribution Program Income (Payments) Recaptured Funds Disaster Funds Other Funds Carryover funds from previous year Total: F476711111V Form SHIP AR/2009 67-37.008(3)(1), F.A.C. Effective Date: 11/2009 Carry Forward to Next Year: $.00 NOTE: This Garry forward amount will only be accurate when all revenue amounts and all expended, encumbered and unencumbered amounts have been added to Form 1 Page 2 Page 44 of 1037 Form SHIP AR/2009 67-37.008(3)(1), F.A.C. Effective Date: 1112009 ; M -I M 10n, Tarl1r. 1=1 - EST V No rental strategies are in use Recap of Funding Sources for Units Produced ("Leveraging") IMM H omeown ership -- ---------------- Construction / Rehabilitation Extremely Low M I If I too of 04 - Over 120%-140% --------------------------- Totals: $315,391.95 --------------------- $.00 $.00 $315,391.95 90.26% Extremely Low MM Totals: $315,391.95 10 $.00 0 $315,391.95 10 Page 3 Page 45 of 1037 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Form 3 Number of Households/Units Produced Totals: Characteristics/Aqe (Head of Household) Family Size Boynton Beach Boynton Beach Boynton Beach Family Size Totals: 2 6 2 111 E III III 11� I I wIlel Totals: Demographics (Any Member of Household) W Totals: 3 Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside 3 Page 4 Page 46 of 1037 Boynton Beach Boynton Beach Totals: 2 6 2 111 E III III 11� I I wIlel Totals: Demographics (Any Member of Household) W Totals: 3 Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside 3 Page 4 Page 46 of 1037 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 TITI Expedited Permitting: Permits defined in s.1 63.3177 (6) (f) (3) for affordable housing projects are expedited to a greater degree than other project. Via email, our division notifies the Plan Review Division (Building Department) of upcoming affordable housing projects. The Plan Review staff makes an effort to process the permits within 3 to 5 days. Adopting Ordinance or Resolution Number or identify local policy: City of Boynton each Resolution R98-068 Implementation Schedule (Date): April 15, 1998 Has the plan or strategy been implemented? If no, describe the steps that will be taken to implement the plan: The strategies were implemented upon adoption by city. Status of Strategy - (is the strategy functioning as intended, i.e. are the time frames being met, etc.): The Strategies are functioning as planned. the City collaborated with an local profit to provide free homebuyer's workshops and the Legal Aid Society to provide legal services to residents. Other Accomplishments [N A III �:!� 111!11 1 111�qirli��11�11�1� 1�19111V 111 I'l �l: • IIIJ; A. Very low income households in foreclosure: 0 B. Low income households in foreclosure: 0 C. Moderate households in foreclosure: 0 Foreclosed Loans Life -to -date: 0 SHIP Program Foreclosure Percentage Rate Life to Date: 0 Mr-a-Mmm= A. Very low income households in default: 0 B. Low income households in default: 0 C. Moderate households in default: 0 Defaulted Loans Life -to -date: 0 SHIP Program Default Percentage Rate Life to Date: 0 Page 5 Page 47 of 1037 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 E::: M33= F4 �11 I �,l • I Total Unit Count: 10 Total Expended Amount: $315,392.00 W_"rs 17, 1 K Owner Occupied 320 N.E. 16th Boynton Beach Rehab IAvenue Owner Occupied Darryl & 2001 N.W, 2nd Boynton Beach $11,256.00, Rehab Martinque Street Owner Occupied -Sanders Julmene & 125 SE 29th Avenue Boynton Beach Rehab Yves Lowme j I Purchase Jacqueline 132 Ocean Breeze Boynton Beach' k1w Q_ Loney Circle RIV;j I N I A Purchase artha 406 SW 9th Avenue Boynton Beach $60,000.00 IF MAUI' W, Mendoza Purchase on 408 SW 9th Avenue Boynton Beach m iftay6 Wi A• emar Purchase Tanicsha Lowery �Purchase 1,Jermaine 2121 W Woolbright u ef o rd Road Rehab Purchase Andre Elisma 711 ia n Luther 'T T7 A �, r IT aT ir $45,000.00■ WWWKing Jr. &ANNP1111" AWN- OwnerOccupied ll';ReginaWhite Rehab Administrative Expenditures I NA 01101. =1 Name Business TvDe Stiiiegy Covered Aespoount Progir6rn income Funds Page 6 Page 48 of 1037 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Loan Repayment: Refinance: Foreclosure: Sale of Property: Interest Earned: $630.13 Other Total: $630.13 Total: $.00 Boynton each 2014 Closeout Single Family Area Purchase Price ............ . The average area purchase price of single family units: Or Not Applicable Page 7 Page 49 of 1037 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 MVVI -TTrT--m The City of Boynton Beach has collaborated with The Homelessness and Housing Alliance (HHA) of Palm Beach • • the Continuum • Care) in its efforts to deliver comprehensive and coordinated • of services to homeless individuals and families in Palm Beach County. The components of HHA includes homeless prevention, outreach and assessment, emergency shelter, transitional housing, supportive services, perman- • r ousing and • supportive • Fa-gur4rijir 'ror-1 701[IT— T=9 0 I� ppm viv IIIzunIsigm ir�p :in� I I III II;11111 Page 8 Page 50 of 1037 Purchase Assistance • Rehab Owner Occupied Rehab $50,725.00 MVVI -TTrT--m The City of Boynton Beach has collaborated with The Homelessness and Housing Alliance (HHA) of Palm Beach • • the Continuum • Care) in its efforts to deliver comprehensive and coordinated • of services to homeless individuals and families in Palm Beach County. The components of HHA includes homeless prevention, outreach and assessment, emergency shelter, transitional housing, supportive services, perman- • r ousing and • supportive • Fa-gur4rijir 'ror-1 701[IT— T=9 0 I� ppm viv IIIzunIsigm ir�p :in� I I III II;11111 Page 8 Page 50 of 1037 Title: SHIP Annual Report .. Form SHIP AR/2009 67-37.008(3)0, F.A.C. Effective Date: 11/2009 Page 51 of 1037 Form SHIP All 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Homeownership 2 Purchase Assitance $91,388.61 2 iWithout Rehab I I I I I I I Owner Occupied Rehab Homeownership Totals: $18,102.32 1 $401,388.61 � T 111�44 1 13 T $18,102.32 1 $401,388.61 9 Source of Funds Amount State Annual Distribution $465,174.00 Program Income (interest) $833.93 Program Income (Payments) Recaptured Funds Disaster Funds Other Funds Carryover funds from previous year $.00 Total: $466,007.93 Carry Forward to Next Year: $.00 NOTE: This carry forward amount will only be accurate when all revenue amounts and all expended, encumbered and unencumbered amounts have been added to Form 1 407im Page 52 of 1037 Form SHIP AR/2009 67-37.10108(3)(f , F.A.C. Effective Date: 11/2009 V No rental strategies are in use Recap of Funding Sources for Units Produced ("Leveraging") Ji�i lillli��I� ij�l III I 1110 1 =-111111:11110-11pl I Homeownership Construction / Rehabilitation 2• •Mp• iiiii•i II�IIJIJpIJIIJJJJJJJ IIIJpIJI•IIIIiIJpIJJ M= Extremely Low lot of $131,897.68 =11B] I Over 120%-140% Totals: $.00 $18,102.32 $401,388.61 $419,490.93 90.02% ;111111 ll;;Jjll��Ijj Jill 1 11 dillll;�IP 1:11,11INT : � Extremely Low $.00 0 Very Low $.00 0 Low $.00 0 Moderate $.00 0 Totals: $.00 0 $.00 0 $.00 0 Page 3 Page 53 of 1037 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 J= Aumber •i Households/Units Produce,4! Page 4 Page 54 of 1037 • M"M SII . Page 4 Page 54 of 1037 • M"M . • I Lai ItMiAg I I Page 4 Page 54 of 1037 • • Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Rzj: Ila ;;1111 III IIII 1144f • -• -•• •• r' -• The City of Boynton Beach has collaborated with The Homelessness and Housing Alliance (HHA) of Palm Beach County (formerly the Continuum of Care) in its efforts to deliver comprehensive and coordinated continuum of services to homeless individuals and families in Palm Beach County. The components of HHA includes homeless prevention, outreach and assessment, emergency shelter, transitional housing, supportive services, permanent housing and permanent supportive housing. Page 5 Page 55 of 1037 Purchase Assitance Without Rehab Owner Occupied Rehab • -• -•• •• r' -• The City of Boynton Beach has collaborated with The Homelessness and Housing Alliance (HHA) of Palm Beach County (formerly the Continuum of Care) in its efforts to deliver comprehensive and coordinated continuum of services to homeless individuals and families in Palm Beach County. The components of HHA includes homeless prevention, outreach and assessment, emergency shelter, transitional housing, supportive services, permanent housing and permanent supportive housing. Page 5 Page 55 of 1037 X-LI&M, 1=1 UTUI Form SHIP AR/2009 67-37.008(3)0, F.A.C. Effective Date: 11/2009 TMIOUVIINSTS15=5 M Page 6 Page 56 of 1037 Title: SHIP Annual Report Form SHIP AR/2009 67-37.008(3)(1), F.A.C. Effective Date: 11/2009 Page 57 of 1037 VNff'JVMT1WT"VrJT;7=j- Homeownership Purchase Assistance With $45,000.00 Rehab m�w m Purchase Assistance $110,000.00 Without Rehab � Owner Occupied Rehab ME 0 Homeownership Totals: $45,000.00 1 $269,626.58 7 • i 11�;1111`11 T -,,T=. of State Annual Distribution Program Income (Interest) Program Income (Payments) Recaptured Funds Disaster Funds Other Funds Carryover funds from previous year Total: $349,476.018 407r,111V Form SHIP AR/2009 67-37.008(3)0, F.A.C. Effective Date: 11/2009 Carry Forward to Next Year: $.00 NOTE: This carry forward amount will only be accurat;t when all revenue amounts and all expended, encumbered and unencumbered amounts have been added to Form I Page 2 Page 58 of 1037 Form SHIP AR/2009 67-37.008(3)(17, F.A.C. Effective Date: 11/2009 V No rental strategies are in use Y,I=IIR R 111•117111 1 1 n Homeownership ----------------------------------------------------------------- ff UTOT, 711-61M M.W. M- Extremely Low $.00 0 Very Low $.00 0 Low $.00 0 Moderate $45,000.00 1 $45,000.00 1 Totals: $45,000.00 1 $.00 0 $45,000.00 1 Page 3 Page 59 of 1037 xtr em ely Low ---------------- ------- -11 I IE �Over 120%-140% Totals: $45,000.00 $269,626.58 $.00 $314,626.58 90.03% Extremely Low $.00 0 Very Low $.00 0 Low $.00 0 Moderate $45,000.00 1 $45,000.00 1 Totals: $45,000.00 1 $.00 0 $45,000.00 1 Page 3 Page 59 of 1037 M Number of Households/Units Produced Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Totals: Characteristics/Age (Head of Household) I Boynton Beach Boynton Beach Boynton Beach Totals: Characteristics/Age (Head of Household) Famliv Size ERNIT."Im Boynton Beach E Totals: 1 1 U Boynton Beach lwith Rehab Famliv Size ERNIT."Im Boynton Beach E Totals: 1 1 U Totals: I Demographics (Any Member of Household) i RN Boynton Beach with Rehab Boynton Beach Totals: I Demographics (Any Member of Household) i Totals: 0 Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside M Page 4 Page 60 of 1037 RN Boynton Beach with Rehab Totals: 0 Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside M Page 4 Page 60 of 1037 Form SHIP AR/2009 67-37.008(3)(0, F.A.C. Effective Date: 11/2009 1 F 11:111�lfl:� p I 1 1111 ljl� • L I 1111:11111-M 9 '40 0 M. 9 FiTsTRIMNUMIS Ml Page 5 Page 61 of 1037 Form SHIP AR/2009 67-37.008(3)(17, F.A.C. Effective Date: 11/2009 Page 6 Page 62 of 1037 6.C. CONSENTAGENDA 10/17/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-095 -Authorize the City Manager to sign an annual service agreement with Queues Enforth Development, Inc in the amount of $71,664 for the continued maintenance and repair of the Public Safety Computer Aided Dispatch/Records Management System as a sole source vendor. EXPLANATION OF REQUEST: Service Agreement: November 1, 2017 - October 31, 2018 The City maintains a Computer Aided Dispatch/Records Management System that provides the Police and Fire Departments with the ability to receive, track, and Dispatch calls for service from citizens. This system also serves as the Police Records Management System. The City has had an eighteen (18) year relationship with Queues Enforth Development and this request is for an annual maintenance agreement for the maintenance, repair, and annual upgrades of the existing software. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This service agreement ensures that Citizen calls are received and proper Police and Fire resources are Dispatched in the most efficient manner possible. This also ensures that all Police Records are managed from beginning of incident to ongoing case management to ultimate disposition of case. FISCAL IMPACT: Budgeted Budgeted Funds have been included in the FY 2017/2018 Proposed Budget in line items 001-211-521.46-91 in the amount of $63,644 and 001-2210-522.49-17 in the amount of $8,000. ALTERNATIVES: Computer Aided Dispatch/Records Management are mission critical to the Public Safety Function. The maintenance contract is required to insure continued operations of the system. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 63 of 1037 CONTRACTS VENDOR NAME: Queues Enforth Development START DATE: 11/1/2017 END DATE: 10/31/2018 CONTRACT VALUE: $71,664.00 MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: EXTENSION EXPLANATION: ATTACHMENTS: Type D Resolution D Agreement D Contract D Sole Source Letter Description Resolution approving Queues nforth Agreement Agreement for RMS Maintenance with Queues Enforth Original Maintenance Contract Sole Source Letter Page 64 of 1037 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 AND AUTHORIZING THE CITY MANAGER TO SIGN AN ANNUAL SERVICE AGREEMENT WITH QUEUES ENFORTH DEVELOPMENT, INC., IN THE AMOUNT OF $71,664 FOR THE CONTINUED MAINTENANCE AND REPAIR OF THE PUBLIC SAFETY COMPUTER AIDED DISPATCH/RECORDS MANAGEMENT SYSTEM AS A SOLE SOURCE VENDOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City maintains a Computer Aided Dispatch/Records Management System that provides the Police and Fire Departments with the ability to receive, track and dispatch calls for service from citizens; and and WHEREAS, the system also services as the Police Records Management System; WHEREAS, the City has had an eighteen (18) year relationship with Queues Enforth Development and this request is for the annual maintenance agreement for the maintenance, repair and annual upgrades of the existing software; and WHEREAS, the City Commission of the City of Boynton Beach, upon the recommendation of staff, deems it in the best interest of the citizens and residents of the City of Boynton Beach to approve and authorize the City Manager to sign an annual service agreement with Queues Enforth Development, Inc., in the amount of $71,664 for the continued maintenance and repair of the Public Safety Computer Aided Dispatch/Records Management System as a sole source vendor. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\3537A133-OAB6-4631-8C3E-41DE12BB8578\Boynton Beach. 7223.1. Queues_Enforth_Agreement_-_Reso. doc Page 65 of 1037 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 30 being true and correct and are hereby made a specific part of this Resolution upon adoption 31 hereof. 32 Section 2. The City Commission of the City of Boynton Beach hereby approves 33 and authorizes the City Manager to sign an annual service agreement with Queues Enforth 34 Development, Inc., in the amount of $71,664 for the continued maintenance and repair of the 35 Public Safety Computer Aided Dispatch/Records Management System as a sole source 36 vendor. 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. That this Resolution shall 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 VOTE YES NO (Corporate Seal) C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\3537A133-OAB6-4631-8C3E-41DE12BB8578\Boynton Beach. 7223.1. Queues_Enforth_Agreement_-_Reso. doc Page 66 of 1037 Agreement Between QUEtjEs ENFORTH DEVELOPMENT, INC. AND THE CITY OF BOVNTON BEACH FOR SOFTWARE MAINTENANCE AGREEMENT entered into on November 1, 2017 by and between QUEUES ENFORTH DEVELOPMENT, INC. ("Q.E.D."), a Massachusetts corporation with its principal place of business at 92 Montvale Ave, Suite 4350, Stoneham, MA 02180, and THE CITY OF BovNTON BEACH, the undersigned Q.E.D. client (the "Client"). THIS AGREEMENT sets forth the terms and conditions under which Q.E.D. agrees to provide support services to the Client in connection with the computer software licensed by Q.E.D. to the Client. 1. DEFINITIONS a) The term "System" means the programmable on-line computer system furnished, delivered and installed by Q.E.D. pursuant to the Agreement between Q.E.D. and the Client specified on Exhibit A attached hereto (the "System Agreement"). b) The term "Licensed Software" means all software licensed to the Client pursuant to the System Agreement, as set forth on Exhibit B attached hereto. c) The term "Confidential Information" means the Licensed Software and any other information, data or oral information subsequently reduced to written form, received by one party from the other and clearly identified by the disclosing party in writing as confidential. d) The term "Modifications" means any revisions of the Licensed Software which Q.E.D. may incorporate in the standard version of the Licensed Software and which do not materially improve or expand the functionality of the Licensed Software. e) The term "Enhancements" means revisions of or additions to the Licensed Software which Q.E.D. may develop or acquire and which either (i) Q.E.D. chooses not to incorporate in the standard version of the Licensed Software or (ii) improve or expand the functionality of the Licensed Software. f) The term "Installation" means that Q.E.D. has installed the System and determined that the System is operative. g) The term "Maintenance" means Q.E.D.'s provision of the support services described in Section 3, commencing after acceptance of the System by the Client or at such time as is otherwise specified in the System Agreement, and continuing for the term specified on Exhibit C as such term may be extended in accordance with the provisions of Section 3(d). 2. CHARGES AND PAYMENTS a) The Client agrees to pay to Q.E.D. the fees specified on Exhibit C attached hereto, as the same may be amended from time to time, including the fee specified for the initial term of Maintenance. The fee for any subsequent annual term of Maintenance shall be billed by Q.E.D. to the Client at least thirty (30) days prior to the end of the then current term. b) The support services under Section 3(a) will be provided to the Client at no additional charge. Services rendered by Q.E.D. which are not part of the services Q.E.D. has agreed to perform free of additional charge in Section 3(a) will be charged to the Client, during the initial term, at Q.E.D.'s standard rates set forth in Exhibit C. c) Fees and rates for subsequent periods shall be at Q.E.D.'s standard rates, all of which shall be in a written amendment executed by Q.E.D. and the Client. d) In addition to the charges payable pursuant to this Section 2, unless exempt therefrom, the Client shall pay any and all import duties, levies or imposts and all sales, use, value-added and other taxes of any nature assessed upon or with respect to such payments under this Agreement, exclusive, however, of taxes based on Q.E.D.'s net income. Page 67 of 1037 e) Except as otherwise specified herein, all invoices rendered under this Agreement are due and payable within thirty (30) days of the date of invoice. All invoices (other than for the prepayment of the annual fee for Maintenance) not paid within thirty (30) days from when due shall be subject to a monthly interest charge of one and one-half percent (1 1/2%) per month on the unpaid balance. The failure of the Client to pay the annual fees for Maintenance after written notification shall result in the complete termination of any continuing obligation of Q.E.D. to provide Maintenance to the Client. f) Subsequent to the initial year of the term of this Agreement, if funds sufficient to support continued performance are not appropriated or otherwise made available, Client shall terminate this agreement as provided in G.L. c. 30B, Paragraph 12. 3. SYSTEM MAINTENANCE AND ADDITIONAL SUPPORT SERVICES a) Q.E.D. will provide the Client the following maintenance services provided the Client has made all payments due Q.E.D. and has fulfilled all of its requirements under this Agreement and under the System Agreement: i) Q.E.D. agrees to provide maintenance services to attempt to correct any error or defect reported by the Client and determined by Q.E.D. to be in the Licensed Software. Such services shall be provided during normal business hours, which are 8:30 a.m. through 5:00 p.m., Monday through Friday, except holidays, and in the most expeditious manner reasonably possible and at no additional cost to the Client. In order to expedite such maintenance services, Q.E.D. shall provide 24 hour call-in capability. In no event shall Q.E.D. have any responsibility (1) to correct any data errors or any errors or damage caused by or arising out of input errors or resulting from changes to the Licensed Software made by the Client, or (2) to modify existing software to accommodate input changes by other systems that pass data to the QED systems, or (3) performing any services specifically excluded specified on Exhibit G attached hereto, or (4) with respect to any data loss or corruption due to any software malfunction or hardware problems or failures. Upon notifying Q.E.D. of an alleged error in the Licensed Software, the Client shall give Q.E.D. access to its computer equipment, the Licensed Software and all relevant records, and shall assist Q.E.D. in substantiating the existence of the alleged error. ii) From time to time and at its sole discretion, Q.E.D. may make Modifications and Enhancements available to the Client for purchase at Q.E.D.'s then published license fee with respect thereto, provided that the client is not then in default with respect to any of its obligations to Q.E.D. The terms on which the Client acquires any such Modification or Enhancement, including the terms on which Q.E.D. will provide Maintenance with respect to the Modification or Enhancement acquired, will be set forth in an amendment to the Agreement executed by both Q.E.D. and the Client. The Client is under no obligation to acquire any Modification or Enhancement, with the exception that the Client must allow Q.E.D. to install all Modifications which are being provided by Q.E.D. at no cost to the client. The Client will provide Q.E.D. with access to its system to permit installation of each no -cost Modification within 45 days after notification by Q.E.D. of its intention to install the Modification. The failure of the client to allow Q.E.D. to install any no -cost Modification will relieve Q.E.D. of any further Maintenance obligations with respect to the Licensed Software. All Modifications and Enhancements acquired by the Client, whether for a fee or at no cost, shall become part of the Licensed Software for all purposes of this Agreement. iii) Q.E.D. shall provide up to six 6 hours per month of telephone consultation with respect to the System during Q.E.D.'s normal business hours. This technical assistance and consultation is designed to train and help the System Manager(s) operate the system more effectively. These consultation hours, if not used, cannot be carried forward or accumulated month to month. b) Q.E.D. will provide consultation and additional training and undertake special programming projects on a time -available basis at Q.E.D.'s rates specified in Exhibit C. Any software resulting from a special programming project undertaken by Q.E.D. at the Client's request shall become part of the Licensed Software for all purposes of this Agreement and the System Agreement. c) Q.E.D. will not be required to provide support for installations of the Licensed Software which have not installed within forty-five (45) days of its release the then current Q.E.D. supported version of the Licensed Software. Similarly, Q.E.D. will not be required to provide support if the Licensed Software has been THE CITY OF BOYNTON BEACH Maintenance Agreement Page 2 of 13 Page 68 of 1037 modified by anyone other than Q.E.D. but will consider doing so in accordance with the terms and conditions specified in Section 6. d) Maintenance shall be renewed annually at the then current rates at the option of the Client, communicated to Q.E.D. not less than 30 days prior to the start of the then current annual term. e) The Client shall at all times have at each site at which the System is installed a System Manager who is acceptable to Q.E.D. in Q.E.D.'s discretion and who has been certified by Q.E.D. as properly trained. All communications by the Client with Q.E.D. must only be made by such System Manager or by designated alternates also acceptable to Q.E.D. in its discretion. The initial System Manager is identified on Exhibit D attached hereto. Training for replacement System Managers will be provided at Q.E.D.'s then applicable rates. The rate during the initial period is listed in Exhibit C. subsequent period rates shall be at Q.E.D.'s standard published rates which will be reflected in a written amendment to be executed by Q.E.D. and the Client. f) The Client must at all times while this Agreement remains in effect, provide and maintain in good operating conditions the communication equipment and facilities necessary for Q.E.D. to achieve remote access to the System for purposes of remote diagnostics and error correction. g) The Client shall perform the routine System maintenance specified on Exhibit E attached hereto for so long as this Agreement remains in effect. Q.E.D. shall be relieved of all of its obligations hereunder in the event that the Client fails to perform such routine maintenance. h) Q.E.D. will provide Hardware (as that term is defined in the System Agreement) maintenance in accordance with the terms and conditions set forth in the maintenance contract(s) attached hereto as Exhibit F. The Client agrees that it will not upgrade, modify, replace or otherwise alter, or attach devices to, the Hardware without the prior written consent of Q.E.D. 4. PROTECTION OF CONFIDENTIAL INFORMATION a) The Client acknowledges that the System constitutes trade secrets and Confidential Information of Q.E.D. b) During the course of this Agreement, Q.E.D. and the Client will disclose certain Confidential Information to each other, including without limitation in the case of Q.E.D., information specifically relating to the System. c) The Client agrees not to sell, assign or distribute the System or any part thereof to any other person, firm or corporation and shall use reasonable efforts to confine knowledge and access to the System only to its employees who require such knowledge and access in the ordinary course and scope of their employment by the Client. d) Any information disclosed by one party (disclosing party) to the other (receiving party) which the disclosing party considers confidential shall be: (i) outlined in writing and marked "Confidential" by the disclosing party; (ii) treated as Confidential Information of the disclosing party; (iii) used by the receiving party for no purpose other than as provided in this Agreement; and, (iv) treated in a manner such that the receiving party shall take all reasonable precautions to prevent the disclosure thereof to any third party including such precautions said receiving party takes for protection of its own Confidential Information. The obligations set forth in this Section 4(d) shall not apply, however, to any information which: (i) is already in the possession of the public or becomes available to the public through no breach of this Agreement by the receiving party; (ii) was in the receiving party's possession prior to receipt from the disclosing parry, or (iii) is received independently from a third party free to disclose such information to the receiving party. e) All Confidential Information furnished by one party to the other shall remain the property of the disclosing party. f) Both parties represent that they have the right to disclose the information disclosed under the terms of this Agreement. g) This Agreement shall govern all Confidential Information exchanged between the parties including all information exchanged prior to the effective date of this Agreement. THE CITY OF BOYNTON BEACH Maintenance Agreement Page 3 of 13 Page 69 of 1037 h) Q.E.D. retains the right to seek copyright protection for the Licensed Software or any copyrightable material. The Client shall not remove any copyright or proprietary rights notice included in any materials furnished to the Client in connection with this Agreement or the System Agreement. i) The Client shall not, unless specifically authorized under this Agreement or except for ordinary and necessary backup purposes, use, make, or have made any more copies of the Licensed Software or any part thereof than are delivered by Q.E.D. for the Client's use hereunder. 5. LIMITATION OF LIABILITY In no event shall Q.E.D. be liable for any damages whatsoever caused by the Client's failure to perform its responsibilities or for lost profits, incidental, consequential, or special damages with respect to the System and its use by the Client or this Agreement even if Q.E.D. has been advised of the possibility of such damages. 6. ALTERATION BY CLIENT Any attempts by the Client to alter the System shall be at the Client's sole risk and expense, and in no event shall Q.E.D. have any obligation to support or maintain any alteration which is not distributed by Q.E.D. and made a part of the Licensed Software. Q.E.D. will consider providing support with respect to Licensed Software which has been so altered, for an additional mutually acceptable fee, but only if the Client grants to Q.E.D. a perpetual, royalty -free license to market the altered version of the Licensed Software. Q.E.D. shall not be responsible in any regard and shall incur no liability for System failures or any non-conformance to System documentation which occur as a result of any alteration so made by the Client and for which Q.E.D. has not agreed to provide support and maintenance, and the Client assumes full responsibility for any liability arising from such alterations. It is also specifically understood by the Client that by altering the Licensed Software, subsequent Modifications or Enhancements of the Licensed Software and related documentation may be rendered unusable. 7. TERMINATION a) Q.E.D. may terminate this Agreement if Q.E.D. gives written notice to the Client specifying the Client's failure to make payment when due and the Client fails to make such payment within ten (10) days after the effective date of such notice. b) Either party may terminate this Agreement if the other party fails or defaults in the performance of any of its material obligations under this Agreement (other than failure by the Client to make any payment when due) and fails to cure or commence to cure such failure or default within thirty (30) days following the effective date of written notice. c) Either party may also terminate this Agreement by written notice to the other, effective immediately upon its having been given, if the other party shall file a petition in bankruptcy, shall be adjudicated a bankrupt, shall take advantage of the insolvency laws of any state, territory or country, shall make an assignment for the benefit of creditors, shall be voluntarily or involuntarily dissolved, shall admit in writing its inability to pay debts as they come due, or shall have a receiver, trustee or other court officer appointed for its property. d) Termination of this Agreement does not relieve either party of obligations to make any payments or perform any services due prior to the date of termination. e) Pursuit of any remedy hereunder or under applicable law by either party shall not prevent such party from pursuing any other available remedy and shall not operate as an election of remedies. f) Each party's obligation to protect the confidential nature of the System and other Confidential Information under Section 4 shall survive any termination or expiration of this Agreement indefinitely. 8. MISCELLANEOUS a) The parties agree that this Agreement and the System Agreement, including any Exhibits hereto and thereto, and any submissions or proposals referred to in any of those Exhibits, constitute the entire agreement between the parties in connection with the System and supersede all prior agreements, understandings, negotiations and discussions, whether oral or written, of the parties. There are no warranties, representations THE CrrY of BOYNTON BEACH Maintenance Agreement Page 4 of 13 Page 70 of 1037 and/or agreements between the parties in connection with the System, except as specifically set forth or referred to in this Agreement or in the System Agreement. b) The waiver, amendment or modification of any provision of this Agreement or any right, power or remedy hereunder shall not be effective unless made in writing and signed by the party against whom enforcement of such waiver, amendment or modification is sought. The terms of this Agreement shall not be amended or changed by the terms of any purchase order or acknowledgment even though Q.E.D. may have accepted or signed such documents. No failure or delay by either party in exercising any right, power or remedy with respect to any of its rights hereunder shall operate as a waiver thereof. c) Any notice or other communication required or permitted hereunder shall be given in writing to the other party at the address specified herein, or at such other address as shall have been given by either parry to the other in writing pursuant to this Agreement. Such notice shall be deemed to have been given when sent by certified or registered United States mail. d) This Agreement shall be subject to and interpreted in accordance with the laws of the State of Florida. e) If any provision of this Agreement or the application of any such provision shall be held by a tribunal of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement, and all other applications of such provisions, shall continue in full force and effect. f) All the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and assigns and legal representatives, except that neither party may assign this Agreement or any right granted hereunder, in whole or in part, without the other's prior written consent. g) Neither Q.E.D. nor the Client shall be liable for any damages or penalty for delay in performance of its obligations hereunder or for failure to give notice of delay when such delay is due to the elements, acts of God, delay in transportation or any other causes beyond the reasonable control of Q.E.D. or the Client. h) The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession. All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: THE CITY OF BOYNTON BEACH Maintenance Agreement Page 5 of 131 Page 71 of 1037 (CITY CLERK) 100 E BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, 33435. 561-742- 6061. PYLEJ@BBFL.US IN WITNESS WHEREOF, Q.E.D. and the Client have caused this Agreement to be executed effective as of November 1, 2017. Q.E.D.: For the Client: THE CITY OF BOYNTON BEACH Maintenance Agreement QUEUEs ENFORTH DEVELOPMENT, INC. By: - 3 David arney Date President THE CITY OF BOVNTON BEACH 10 Name: Date Title: Page 6 of 13 Page 72 of 1037 EXHIBIT A TO SOFTWARE MAINTENANCE AGREEMENT BETWEEN QUEUES ENFORTH DEVELOPMENT, INC. AND THE CITY OF BOYNTON BEACH SYSTEM AGREEMENT Agreement between THE CITY OF BOYNTON BEACH and QUEUES ENFORTH DEVELOPMENT, INC. for a public Safety software system. THE CITY OF BOYNTON BEACH Maintenance Agreement Page 7 of 13 Page 73 of 1037 EXHIBIT B TO SOFTWARE MAINTENANCE AGREEMENT BETWEEN QUEUES ENFORTH DEVELOPMENT, INC. AND THE CITY OF BOYNTON BEACH LICENSED SOFTWARE This maintenance agreement covers computer software created by Queues Enforth Development, Inc. and licensed by the customer. It does not cover hardware products; the company that manufactured the hardware provides a warranty and perhaps a maintenance program that can be purchased directly from the manufacturer. THE CITY OF BOYNTON BEACH Maintenance Agreement Page 8 of 13 Page 74 of 1037 EXHIBrr C TO SOFTWARE MAINTENANCE AGREEMENT BETWEEN QUEUES ENFORTH DEVELOPMENT, INC. AND THE CITY OF BOYNTON BEACH FEESCHEDULE Fees for Term of Maintenance Initial Term: November 1, 2017 — October 30, 2018 Software Maintenance: $ 71,664.00 Standard Rate Schedule Consultation: Consulting Rate $200 per hour plus expenses Training: Training Rate $180 per hour plus expenses Travel and out of pocket expenses will be billed separately and are the responsibility of the customer. THE CITY OF BOYNTON BEACH Maintenance Agreement Page 9 of 13 Page 75 of 1037 NAME/ADDRESS Douglas Solomon EXHIBIT D TO SOFTWARE MAINTENANCE AGREEMENT BETWEEN QUEUES ENFORTH DEVELOPMENT, INC. AND THE CITY OF BOYNTON BEACH DESIGNATED SYSTEM MANAGER(S) CONTACT INFORMATION (561) 742-7161 THE CITY OF Bon rTON BEACH Maintenance Agreement Page 10 of 13 Page 76 of 1037 EXHIBIT E TO SOFTWARE MAINTENANCE AGREEMENT BETWEEN QUEUES ENFORTH DEVELOPMENT, INC. AND THE CITY OF BOYNTON BEACH ROUTINE MAINTENANCE TO BE PERFORMED BY CLIENT MAINTENANCE ACTIVITY FREQUENCY Required Backup of QED Licensed Software At least every 14 days, Software and within 1 day of maintenance work done on the system by a QED Employee, and upon request by a QED employee. Record any Error Message which will be Referred to in a Maintenance Call. Record any maintenance calls in the Online problem reporting system known As Acuity Medic Recommended Backup & Verification of Client Data Update Backup Log Update Local Service Log Maintain Console Printer Reboot System Protect Root Password THE CITY OF BOYNTON BEACH Maintenance Agreement On going On going On going After every backup After every service call On going At least every two (2) weeks On going Page 11 of 13 Page 77 of 1037 EXHIBIT F TO SOFTWARE MAINTENANCE AGREEMENT BETWEEN QUEUES ENFORTH DEVELOPMENT, INC. AND THE CITY OF BOYNTON BEACH HARDWARE MAINTENANCE (Not Applicable) THE CITY OF BOYNTON BEACH Maintenance Agreement Page 12 of 13 Page 78 of 1037 EXHIBIT G TO SOFTWARE MAINTENANCE AGREEMENT BETWEEN QUEUES ENFORTH DEVELOPMENT, INC. AND THE CITY OF BOYNTON BEACH SERVICES SPECIFICALLY EXCLUDED FROM COVERAGE UNDER THIS AGREEMENT 1. Transferring Acuity system software, Informix database software and agency data from old computer hardware to new computer hardware. All such work will be performed at a standard rate. Please contact Q.E.D. for a specific proposal to accomplish this work. 2. Modifications to Acuity data acceptance programs that have failed to work because a third -party has changed the format of the data being provided. As an example, if the Acuity CAD system stops properly accepting data from an E911 switch because the 911 vendor changed the 911 output format, or a new 911 vendor formats the data differently, it is the responsibility of the 911 vendor to provide the data in the original format. If the new vendor cannot provide the data in the original format you should contact QED for a proposal to make changes to the Acuity CAD system to accommodate the new third party format. THF CITY OF BOYNTON BEACH Maintenance Agreement Page 13 of 13 Page 79 of 1037 AGREEMENT BETWEEN QUEUES ENFORTH DEVELOPMENT, INC. AND THE CITY OF BOYNTON BEACH FOR SOFTWARE MAINTENANCE AGREEMENT entered into on November 1, 2000 by and between QUEUES ENFORTH DEVELOPMENT, INC. ("Q.E.D."), a Massachusetts corporation with its principal place of business at 432 Columbia Street, Cambridge, Massachusetts 02141, and THE CITY OF BOYNTON BEACH, the undersigned Q.E.D. client (the "Client"). THIS AGREEMENT sets forth the terms and conditions under which Q.E.D. agrees to provide support services to the Client in connection with the computer software licensed by Q.E.D. to the Client. 1. DEFINITIONS a) The term "System" means the programmable on-line computer system furnished, delivered and installed by Q.E.D. pursuant to the Agreement between Q.E.D. and the Client specified on Exhibit A attached hereto (the "System Agreement"). b) The term "Licensed Software" means all software licensed to the Client pursuant to the System Agreement, as set forth on Exhibit B attached hereto. c) The term "Confidential Information" means the Licensed Software and any other information, data or oral information subsequently reduced to written form, received by one party from the other and clearly identified by the disclosing party in writing as confidential. d) The term "Modifications" means any revisions of the Licensed Software which Q.E.D. may incorporate in the standard version of the Licensed Software and which do not materially improve or expand the functionality of the Licensed Software. e) The term "Enhancements" means revisions of or additions to the Licensed Software which Q.E.D. may develop or acquire and which either (i) Q.E.D. chooses not to incorporate in the standard version of the Licensed Software or (ii) improve or expand the functionality of the Licensed Software. f) The term "Installation" means that Q.E.D. has installed the System and determined that the System is operative. g) The term "Maintenance" means Q.E.D.'s provision of the support services described in Section 3, commencing after acceptance of the System by the Client or at such time as is otherwise specified in the System Agreement, and continuing for the term specified on Exhibit C as such term may be extended in accordance with the provisions of Section 3(d). 2. CHARGES AND PAYMENTS a) The Client agrees to pay to Q.E.D. the fees specified on Exhibit C attached hereto, as the same may be amended from time to time, including the fee specified for the initial term of Maintenance. The fee for any subsequent annual term of Maintenance shall be billed by Q.E.D. to the Client at least thirty (30) days prior to the end of the then current term. b) The support services under Section 3(a) will be provided to the Client at no additional charge. Services rendered by Q.E.D. which are not part of the services Q.E.D. has agreed to perform free of additional charge in Section 3(a) will be charged to the Client, during the initial term, at Q.E.D.'s standard rates set forth in Exhibit C. c) Fees and rates for subsequent periods shall be at Q.E.D.'s standard rates, all of which shall be in a written amendment executed by Q.E.D. and the Client. Page 80 of 1037 d) In addition to the charges payable pursuant to this Section 2, unless exempt therefrom, the Client shall pay any and all import duties, levies or imposts and all sales, use, value-added and other taxes of any nature assessed upon or with respect to such payments under this Agreement, exclusive, however, of taxes based on Q.E.D.'s net income. e) Except as otherwise specified herein, all invoices rendered under this Agreement are due and payable within thirty (30) days of the date of invoice. All invoices (other than for the prepayment of the annual fee for Maintenance) not paid within thirty (30) days from when due shall be subject to a monthly interest charge of one and one-half percent (1 1/2%) per month on the unpaid balance. The failure of the Client to pay the annual fees for Maintenance after written notification shall result in the complete termination of any continuing obligation of Q.E.D. to provide Maintenance to the Client. f) Subsequent to the initial year of the term of this Agreement, if funds sufficient to support continued performance are not appropriated or otherwise made available, Client shall terminate this agreement as provided in G.L. c. 30B, Paragraph 12. 3. SYSTEM MAINTENANCE AND ADDITIONAL SUPPORT SERVICES a) Q.E.D. will provide the Client the following maintenance services provided the Client has made all payments due Q.E.D. and has fulfilled all of its requirements under this Agreement and under the System Agreement: i) Q.E.D. agrees to provide maintenance services to attempt to correct any error or defect reported by the Client and determined by Q.E.D. to be in the Licensed Software. Such services shall be provided during normal business hours, which are 8:30 a.m. through 5:30 p.m., Monday through Friday, except holidays, and in the most expeditious manner reasonably possible and at no additional cost to the Client. In order to expedite such maintenance services, Q.E.D. shall provide 24 hour call-in capability. In no event shall Q.E.D. have any responsibility (1) to correct any data errors or any errors or damage caused by or arising out of input errors or resulting from changes to the Licensed Software made by the Client, or (2) with respect to any data loss or corruption due to any software malfunction or hardware problems or failures. Upon notifying Q.E.D. of an alleged error in the Licensed Software, the Client shall give Q.E.D. access to its computer equipment, the Licensed Software and all relevant records, and shall assist Q.E.D. in substantiating the existence of the alleged error. ii) From time to time and at its sole discretion, Q.E.D. may make Modifications and Enhancements available to the Client for purchase at Q.E.D.'s then published license fee with respect thereto, provided that the client is not then in default with respect to any of its obligations to Q.E.D. The terms on which the Client acquires any such Modification or Enhancement, including the terms on which Q.E.D. will provide Maintenance with respect to the Modification or Enhancement acquired, will be set forth in an amendment to the Agreement executed by both Q.E.D. and the Client. The Client is under no obligation to acquire any Modification or Enhancement, with the exception that the Client must allow Q.E.D. to install all Modifications which are being provided by Q.E.D. at no cost to the client. The Client will provide Q.E.D. with access to its system to permit installation of each no -cost Modification within 45 days after notification by Q.E.D. of its intention to install the Modification. The failure of the client to allow Q.E.D. to install any no -cost Modification will relieve Q.E.D. of any further Maintenance obligations with respect to the Licensed Software. All Modifications and Enhancements acquired by the Client, whether for a fee or at no cost, shall become part of the Licensed Software for all purposes of this Agreement. iii) Q.E.D. shall provide up to six 6 hours per month of telephone consultation with respect to the System during Q.E.D.'s normal business hours. This technical assistance and consultation is designed to train and help the System Manager(s) operate the system more effectively. These consultation hours, if not used, can not be carried forward or accumulated month to month. b) Q.E.D. will provide consultation and additional training and undertake special programming projects on a time -available basis at Q.E.D.'s rates specified in Exhibit C. Any software resulting from a special programming project undertaken by Q.E.D. at the Client's request shall become part of the Licensed Software for all purposes of this Agreement and the System Agreement. THE CITY OF BOYNTON BERCI I Maintenance Agreement Page 2 of l I Page 81 of 1037 c) Q.E.D. will not be required to provide support for installations of the Licensed Software which have not been installed within forty-five (45) days of its release the then current Q.E.D. supported version of the Licensed Software. Similarly, Q.E.D. will not be required to provide support if the Licensed Software has been modified by anyone other than Q.E.D. but will consider doing so in accordance with the terms and conditions specified in Section 6. d) Maintenance shall be renewed for up to two additional one-year terms at the option of the Client, communicated to Q.E.D. not less than 30 days prior to the start of the then current annual term. e) The Client shall at all times have at each site at which the System is installed a System Manager who is acceptable to Q.E.D. in Q.E.D.'s discretion and who has been certified by Q.E.D. as properly trained. All communications by the Client with Q.E.D. must only be made by such System Manager or by designated alternates also acceptable to Q.E.D. in its discretion. The initial System Manager is identified on Exhibit D attached hereto. Training for replacement System Managers will be provided at Q.E.D.'s then applicable rates. The rate during the initial period is listed in Exhibit C; subsequent period rates shall be at Q.E.D.'s standard published rates, which will be reflected, in a written amendment to be executed by Q.E.D. and the Client. f) The Client must at all times while this Agreement remains in effect, provide and maintain in good operating conditions the communication equipment and facilities necessary for Q.E.D. to achieve dial -in access to the System for purposes of remote diagnostics and error correction. g) The Client shall perform the routine System maintenance specified on Exhibit E attached hereto for so long as this Agreement remains in effect. Q.E.D. shall be relieved of all of its obligations hereunder in the event that the Client fails to perform such routine maintenance. h) Q.E.D. will provide Hardware (as that term is defined in the System Agreement) maintenance in accordance with the terms and conditions set forth in the maintenance contract(s) attached hereto as Exhibit F. The Client agrees that it will not upgrade, modify, replace or otherwise alter, or attach devices to, the Hardware without the prior written consent of Q.E.D. 4. PROTECTION OF CONFIDENTIAL INFORMATION a) The Client acknowledges that the System constitutes trade secrets and Confidential Information of Q.E.D. b) During the course of this Agreement, Q.E.D. and the Client will disclose certain Confidential Information to each other, including without limitation in the case of Q.E.D., information specifically relating to the System. c) The Client agrees not to sell, assign or distribute the System or any part thereof to any other person, firm or corporation and shall use reasonable efforts to confine knowledge and access to the System only to its employees who require such knowledge and access in the ordinary course and scope of their employment by the Client. d) Any information disclosed by one party (disclosing party) to the other (receiving party) which the disclosing party considers confidential shall be: (i) outlined in writing and marked "Confidential" by the disclosing party; (ii) treated as Confidential Information of the disclosing party; (iii) used by the receiving party for no purpose other than as provided in this Agreement; and, (iv) treated in a manner such that the receiving party shall take all reasonable precautions to prevent the disclosure thereof to any third party including such precautions said receiving party takes for protection of its own Confidential Information. The obligations set forth in this Section 4(d) shall not apply, however, to any information which: (i) is already in the possession of the public or becomes available to the public through no breach of this Agreement by the receiving party; (ii) was in the receiving party's possession prior to receipt from the disclosing party, or (iii) is received independently from a third party free to disclose such information to the receiving party. e) All Confidential Information furnished by one party to the other shall remain the property of the disclosing party. TtIE CITY OF BOYNTON BEACH Maintenance Agreement Page 3 of I I Page 82 of 1037 f) Both parties represent that they have the right to disclose the information disclosed under the terms of this Agreement. g) This Agreement shall govern all Confidential Information exchanged between the parties including all information exchanged prior to the effective date of this Agreement. h) Q.E.D. retains the right to seek copyright protection for the Licensed Software or any copyrightable material. The Client shall not remove any copyright or proprietary rights notice included in any materials furnished to the Client in connection with this Agreement or the System Agreement. i) The Client shall not, unless specifically authorized under this Agreement or except for ordinary and necessary backup purposes, use, make, or have made any more copies of the Licensed Software or any part thereof than are delivered by Q.E.D. for the Client's use hereunder. 5. LIMITATION OF LIABILITY In no event shall Q.E.D. be liable for any damages whatsoever caused by the Client's failure to perform its responsibilities or for lost profits, incidental, consequential, or special damages with respect to the System and its use by the Client or this Agreement even if Q.E.D. has been advised of the possibility of such damages. 6. ALTERATION BY CLIENT Any attempts by the Client to alter the System shall be at the Client's sole risk and expense, and in no event shall Q.E.D. have any obligation to support or maintain any alteration which is not distributed by Q.E.D. and made a part of the Licensed Software. Q.E.D. will consider providing support with respect to Licensed Software which has been so altered, for an additional mutually acceptable fee, but only if the Client grants to Q.E.D. a perpetual, royalty -free license to market the altered version of the Licensed Software. Q.E.D. shall not be responsible in any regard and shall incur no liability for System failures or any nonconformance to System documentation which occur as a result of any alteration so made by the Client and for which Q.E.D. has not agreed to provide support and maintenance, and the Client assumes full responsibility for any liability arising from such alterations. It is also specifically understood by the Client that by altering the Licensed Software, subsequent Modifications or Enhancements of the Licensed Software and related documentation may be rendered unusable. 7. TERMINATION a) Q.E.D. may terminate this Agreement if Q.E.D. gives written notice to the Client specifying the Client's failure to make payment when due and the Client fails to make such payment within ten (10) days after the effective date of such notice. b) Either party may terminate this Agreement if the other party fails or defaults in the performance of any of its material obligations under this Agreement (other than failure by the Client to make any payment when due) and fails to cure or commence to cure such failure or default within thirty (30) days following the effective date of written notice. c) Either party may also terminate this Agreement by written notice to the other, effective immediately upon its having been given, if the other party shall file a petition in bankruptcy, shall be adjudicated a bankrupt, shall take advantage of the insolvency laws of any state, territory or country, shall make an assignment for the benefit of creditors, shall be voluntarily or involuntarily dissolved, shall admit in writing its inability to pay debts as they come due, or shall have a receiver, trustee or other court officer appointed for its property. d) Termination of this Agreement does not relieve either party of obligations to make any payments or perform any services due prior to the date of termination. e) Pursuit of any remedy hereunder or under applicable law by either party shall not prevent such party from pursuing any other available remedy and shall not operate as an election of remedies. f) Each party's obligation to protect the confidential nature of the System and other Confidential Information under Section 4 shall survive any termination or expiration of this Agreement indefinitely. THE CITY OF BOYNTON BEACH Maintenance Agreement Page 4 of 1 I Page 83 of 1037 8. MISCELLANEOUS a) The parties agree that this Agreement and the System Agreement, including any Exhibits hereto and thereto, and any submissions or proposals referred to in any of those Exhibits, constitute the entire agreement between the parties in connection with the System and supersede all prior agreements, understandings, negotiations and discussions, whether oral or written, of the parties. There are no warranties, representations and/or agreements between the parties in connection with the System, except as specifically set forth or referred to in this Agreement or in the System Agreement. b) The waiver, amendment or modification of any provision of this Agreement or any right, power or remedy hereunder shall not be effective unless made in writing and signed by the party against whom enforcement of such waiver, amendment or modification is sought. The terms of this Agreement shall not be amended or changed by the terms of any purchase order or acknowledgment even though Q.E.D. may have accepted or signed such documents. No failure or delay by either party in exercising any right, power or remedy with respect to any of its rights hereunder shall operate as a waiver thereof. c) Any notice or other communication required or permitted hereunder shall be given in writing to the other party at the address specified herein, or at such other address as shall have been given by either party to the other in writing pursuant to this Agreement. Such notice shall be deemed to have been given when sent by certified or registered United States mail. d) This Agreement shall be subject to and interpreted in accordance with the laws of the Commonwealth of Massachusetts. e) If any provision of this Agreement or the application of any such provision shall be held by a tribunal of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement, and all other applications of such provisions, shall continue in full force and effect. f) All the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and assigns and legal representatives, except that neither party may assign this Agreement or any right granted hereunder, in whole or in part, without the other's prior written consent. g) Neither Q.E.D. nor the Client shall be liable for any damages or penalty for delay in performance of its obligations hereunder or for failure to give notice of delay when such delay is due to the elements, acts of God, delay in transportation or any other causes beyond the reasonable control of Q.E.D. or the Client. IN WITNESS WHEREOF, Q.E.D. and the Client have caused this Agreement to be executed effective as of November 1, 2000. Q.E.D.: QUEUES ENFORTH DEVELOPMENT, INC. r fDavid B. Gordon Date Director, Public Safety Division For the Client: THE CITY OF OYNTON BEACH By: Name: Date Title: L _ c) y. THE CITY OF BOYNTON BEACH Maintenance Agreement � �?A'�-'�Page 5 of I I CE T,F r Nr.y.Y Page 84 of 1037 EXHIBIT A TO SOFTWARE MAINTENANCE AGREEMENT BETWEEN QUEUES ENFORTH DEVELOPMENT, INC. AND THE CITY OF BOYNTON BEACH SYSTEM AGREEMENT Agreement between THE CITY OF BOYNTON BEACH and QUEUES ENFORTH DEVELOPMENT, INC. for a Public Safety software system. THE CITY OF BOYNTON BEACH Maintenance Agreement Page 6 of I I Page 85 of 1037 EXHIBIT B TO SOFTWARE MAINTENANCE AGREEMENT BETWEEN QUEUES ENFORTH DEVELOPMENT, INC. AND THE CITY OF BOYNTON BEACH LICENSED SOFTWARE Q.E.D. Proprietary Applications Software: CAD/Partner - Computer Aided Dispatching Software POLICE/Partner - Records Management System FIRE/Partner - Records Management System E911/Partner - 911 Interface to CAD MOBILE/Partner - Interface to CAD CAD/Map CRIMEINFO Informix Products: Informix IDS Informix SQL THE CITY OF BOYNTON BEACH Maintenance Agreement Page 7 of I I Page 86 of 1037 EXHIBIT C TO SOFTWARE MAINTENANCE AGREEMENT BETWEEN QUEUES ENFORTH DEVELOPMENT, INC. AND THE CITY OF BOYNTON BEACH FEE SCHEDULE Fees for Term of Maintenance Initial Term: November 1, 2000 — October 31, 2001 Software Maintenance: $ 34,330.00 Standard Rate Schedule Consultation: $ 150.00 per hour plus expenses Training: $ 150.00 per hour plus expenses Travel and out of pocket expenses will be billed separately and are the responsibility of the customer. THE CITY OF BOYNTON BEACH Maintenance Agreement Page 8 of I I Page 87 of 1037 EXHIBIT D TO SOFTWARE MAINTENANCE AGREEMENT BETWEEN QUEUES ENFORTH DEVELOPMENT, INC. AND THE CITY OF BOYNTON BEACH DESIGNATED SYSTEM MANAGER NAME/ADDRESS TELEPHONE NUMBER Doug Solomon 561-742-6171 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Sgt. James Prestinari 561-742-6100 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Dawn Jackson 561-742-6166 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 THE CITY OF BOYNTON BEACH Maintenance Agreement Page 9 of I I Page 88 of 1037 EXHIBIT E TO SOFTWARE MAINTENANCE AGREEMENT BETWEEN QUEUES ENFORTH DEVELOPMENT, INC. AND THE CITY OF BOYNTON BEACH ROUTINE MAINTENANCE TO BE PERFORMED MAINTENANCE ACTIVITY Required Tape Backup of QED Licensed any Record any Error Message which will be Referred to in a Maintenance Call. Maintain the On -Line Site Trouble Log Tape Backup & Verification of Client Data Update Tape Backup Log Update Local Service Log Maintain Console Printer Clean Tape Drive Heads Reboot System Protect Root Password THE CITY OF BOYNTON BEACH Maintenance Agreement FREQUENCY At least every 14 days, Software and within 1 day of maintenance work done on the system by a QED Employee, and upon request by a QED employee. On going On going On going After every backup After every service call On going At least every thirty (30) days At least every two (2) weeks On going Page 10 of l l Page 89 of 1037 EXHIBIT F TO SOFTWARE MAINTENANCE AGREEMENT BETWEEN QUEUES ENFORTH DEVELOPMENT, INC. AND THE CITY OF BOYNTON BEACH HARDWARE MAINTENANCE (Not Applicable) THE CITY OF BOYNTON BEACH Maintenance Agreement Page I 1 of 11 Page 90 of 1037 Q�E CD Queues Enforth Development, Inc. 92 Montvale Ave., Suite 4350 Stoneham, MA 02180 T. (781) 870-1100 - F: (781) 870-1199 www.qed.com September 20, 2017 Purchasing Director City of Boynton Beach c/o Douglas Solomon Boynton Beach Police Department 100 Boynton Beach Blvd. Boynton Beach, FL 33435 Dear Director: This letter is written in regard to the renewal of the annual maintenance for the software used by the police department for computer-aided dispatch and police records management and associated interfaces and modifications. The Police Department wishes to procure ongoing maintenance and update services that utilizes the proprietary data structures, data maps and source code which was created by Q.E.D. The associated software and configuration was developed completely at the expense of Queues Enforth Development, Inc. and is licensed for use by the Boynton Beach Police Department. All the software and source code is proprietary to Q.E.D., Inc. There are no other authorized providers of these services and they are only available through Queues Enforth Development, Inc. If you have any questions concerning the availability of this software, please contact me at 781 -870 -1127 - Sincerely, David D. Varney President Q.E.D., Inc. Page 91 of 1037 I CONSENTAGENDA 10/17/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-096 - Authorize the City Manager or designee to apply for and sign all documents with Florida Department of Transportation (FDOT) State Safety Office associated with the grant acceptance and grant agreement subject to the approval of the City Attorney for the Boynton Beach Occupant Protection & Child Passenger Safety Program. EXPLANATION OF REQUEST: Grant Term: October 1, 2017 - September 30, 2018 The Florida Department of Transportation (FDOT) State Safety Office has selected the City of Boynton Beach to receive $20,000 in subgrant funding for the 2017-18 funding cycle under the occupant protection & child passenger safety focus area. The funding is allocated for overtime. Approval of this award will allow our agency to conduct "zero tolerance" enforcement operations in high frequency crash and fatality locations. Enforcement of Florida's safety belt and child restraint laws will be accompanied with an educational opportunity to provide occupant protection information to the public. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? With rapid growth and expansion there comes a need to further enhance our efforts to reduce traffic crash injuries and fatalities that are related to occupant protection through enforcement and education. The Boynton Beach Police Department will review crash data to determine high frequency locations and conduct "zero tolerance" enforcement operations. The Boynton Beach Police Department will also conduct education initiatives to raise awareness in regards to occupant protection and child passenger safety. Traffic crash data will be reviewed and a special emphasis will be made to raise traffic safety awareness with the population group by targeting an area to solicit traffic safety information and guidance. FISCAL IMPACT: Non -budgeted No fiscal impact. ALTERNATIVES: Do not accept the grant award. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: n/a CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: n/a Page 92 of 1037 Is this a grant? Yes Grant Amount: $20,000 ATTACHMENTS: Type D Grant Application Description Resolution appro\4ng FDOT Grant for Boynton Beach Occupant Protection and Child Passenger Safety Program 17-18 FDOT Occupant Protection Concept Paper 17-18 DOTS rd Letter ® Subgrant 17-18 FDOT 3 original signature pages required Page 93 of 1037 1 RESOLUTION NO. R17- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE CITY MANAGER TO 5 APPLY FOR AND SIGN ALL DOCUMENTS 6 ASSOCIATED WITH THE FLORIDA DEPARTMENT OF 7 TRANSPORTATION (FDOT) STATE SAFETY OFFICE 8 ASSOCIATED WITH THE GRANT ACCEPTANCE AND 9 GRANT AGREEMENT SUBJECT TO THE APPROVAL 10 OF THE CITY ATTORNEY FOR THE BOYNTON 11 BEACH OCCUPANT PROTECTION & CHILD 12 PASSENGER SAFETY PROGRAM IN THE AMOUNT 13 OF $20,000; AND PROVIDING AN EFFECTIVE DATE. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Florida Department of Transportation (FDOT) State Safety Office has selected the City of Boynton Beach to receive $20,000 in subgrant funding for the 2017-18 funding cycle under the occupant protection & child passenger safety focus area; and WHEREAS, the funding is allocated for overtime; 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 authorize the City Manager to apply for and sign all documents associated with the Florida Department of Transportation (FDOT) grant in the amount of $20,000 for the Boynton Beach Occupant Protection & Child Passenger Safety Program. 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 29 hereof. 30 Section 2. The City Commission of the City of Boynton Beach, Florida does C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\57B1B61B-C09D-49FE-81E3-4B3219D2BAE9\Boynton Beach.7201.1.FDOT Occupant and_Child Passenger_ Safety Program_Grant-_Reso.doc Page 94 of 1037 31 hereby authorize the City Manager to apply for and sign all documents associated with the 32 Florida Department of Transportation (FDOT) grant in the amount of $20,000 for the Boynton 33 Beach Occupant Protection & Child Passenger Safety Program, a copy of which is attached 34 hereto as Exhibit "A". 35 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 65 Section 3. This Resolution shall 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\57B1B61B-C09D-49FE-81E3-4B3219D2BAE9\Boynton Beach. 7201.1.FDOT Occupant and_Child Passenger_ Safety Program_Grant-_Reso.doc Page 95 of 1037 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 561.742.6100 561.742.6185 February 23, 2017 Jeffrey S. Katz Chief ofpolice Kelly Harris Suzanne Crawford Vanessa K. Snow Assistant Chief Assistant Chief Assistant Chief Administrative Services Support Services Uniform Services Florida Department of Transportation Attn: Traffic Safety Administrator 605 Suwannee Street, MS53 Tallahassee, Florida 32399-0450 RE: Occupant Protection Program www.bbpd.org A CFA Accredited Lary, Enforcement Agency The Boynton Beach Police Department has a long standing history of involvement in successful projects with the Florida Department of Transportation. Our agency is dedicated to traffic enforcement by way of educating the public and aggressively apprehending violators. The Boynton Beach Police Department feels that increasing the safety of our citizens and motoring public is paramount, and with your assistance, this goal can be achieved. I understand there are grant funds available for occupant protection initiatives during the 2017/2018 fiscal year. I have enclosed a concept paper with supporting information for your review. Thank you for your consideration. Page 96 of 1037 STATE OF FLORIDA DEPARTMENT' OF TRANSPORTATION HIGHWAY SAFETY CONCEPT PAPER Applicant Agency: City of Boynton Beach Implementing Agency, City ..ofBoynton Beach Concept Paper Title: Boynt )n Beach Occupant Protection & Child Passenger Safety Program Amount Requested: 52 000 Priority Area for Concept Paper: (Select Only One) R Aging Road Users El Community Traffic Safety Outreach D Distracted Driving 0 Impaired Driving E3 Motorcycle Safety Z Occupant Protection and Child Passenger Safety 0 Paid Media (FDOT Only) El Pedestrian and Bicycle Safety Type of Project: (Select Only One) Ranking: (if Local Project) El Planning and Administration (FDOT Only) El Police Traffic Services El Public Traffic Safety Professionals Training El Speed/Aggressive Driving E] Teen Driver Safety El Traffic Records 0 Traffic Records Coordinating Committee (TRCC) El Work Zone Safety Type of Request: (Select Only One) El Initial D Continuation —Year Previous Year's Project Number (if Continuation): 0 City - 13 of 99 0 County - of — OR El Identified Need (Data outside of Fatalities and Injuries) Head of Agency: Name: !,leff—re-y-S. Katz Title: Chief of Police Address: 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 Phone: (561) 742-6100 Extension: Project Contact: Name: Jaclyn Smith Title: Officer Address: 100 E. Boynton Beach Blvd - Boynton Beach Florida 33435 E -Mail: kaff j,@bbfl.us Phone: (561) 742-6195 Extension: E -Mail: smithLa@bbfl,us FDOT USE ONLY: Concept Paper Number: 500-065-17 SAFETY 12/16 Page 97 of 1037 500-065-17 SAFETY 12116 Statement of the Problem: (Provide details about the traffic safety problem that you want to address.) The City of Boynton Beach is located along the Atlantic Coast in the southern part of Palm Beach County. The city has approximately 70,000 year round residents. During the winter months there is a sharp increase with part time residents and tourists. The city is approximately 16 square miles and lies between West Palm Beach, 10 miles to the north and City of Miami, which is approximatly 50 miles to the south. The City of Boynton Beach has 9 major roadways, including Boynton Beach Blvd. (SR804), which is a main roadway that has exit/entrance to 1-95 and Florida's Turnpike. According to the Florida Department of Transportation Highway Safety Matrix for fatal and injury crashes during 2011- 2015 011-2015 our jurisdiction ranked 19 out of 99 for occupant protection, 25 out of 99 for impaired diving related crashes, 23 out of 99 for speed'& aggressive driving related crashes and ranked 22 out of 99 for pedestrian or bicycle related. In addition, the overalltotal fatality and serious injury related crashes ranked 24 out of 99, Page 98 of 1037 500-065-17 SAFETY 12116 Supporting Data: (Include at least three years of crash, injury, fatality, and citation data, to show the extent of the problem. If outside the top 25% for your city or county, provide further details to support your identified need.) An evaluation of the crash data by our agency has also rendered the following annual crash and citation data for the past three years 2014, 2015, 2016: 2014 2015 2016 Total crashes with fatalities: 4 9 11 Total injury crashes: 506 583 693 Total crashes: 2843 3111 3338 Total seatbelt/child restraint citations: 434 288 172 Page 99 of 1037 n00*o5-1, SAFETY ,cne Proposed Solution: (Provide the specific countermeasure(s,), chapter, and section you plan on implementing from the NHT5ACountermeasures That Work guide, found at: . Explain how the coun0ermaaeumy(u)ihat you plan to implement will address the problem and how the funding that you have requested will support those countermeasure(s), |fmoNFfTSA countermeasure(s) mxiet, explain the basis ofyour selected strategy and hum/ it will be effective.) The Boynton Beach Police Department believes that the success ofany traffic safety program isnot solely hinged un either component of enforcement or education, This program aims to reduce traffic crashes, fatalities and injuries bythe implementation ofthese components, The Boynton Beach Police Department will review crash data on a weekly basis in order to determine high frequency crash and fatality locations throughout our jurisdiction, and then we will develop schedules for traffic personnel to conduct "zerotn|eranma"enfnroementopenatinnaatlhoae|omatiomnsdthedmeothatdateauggeat.ThepnojectdireohorvviUbe responsible for ensuring that the data is reviewed each week, in order to review for any possible changes kzthe list. Our agency will commit to locating and targeting 10 total locations for this program. In addition, the projectdirector will be responsible for distributing this top 10 list to all traffic personnel so that they can concentrate on these specified areas, which will increase law enforcement presence. Message boards will provide motorist with various messaging $oadhere &o traffic laws, such asthe "Click itorTicket" campaign. Communications and outreach will be a core component ofthis program, The Boynton Beach Police Department will conduct education initiatives in local high schools, senior centers, businesses, civic organization and public forums to raise awareness imregards tosafety belt and child restraint laws. The police department will determine through areview of our traffic crash data which population groups are involved in a majority of the traffic crashes that occur within our jurisdiction. Aspociay emphasis will be mode to raise awareness with this population group by targeting an area to oo|iuh safety belt and child restraint information and guidance. Unorder to facilitate the delivery of this traffic message, the Boynton Beach Police Department will partner with local resources such as the Community Traffic Safety Team, the Law Enforcement Liaison Program, neighboring law enforcement agencies and local media outlets. The Boynton Beach Police Department will also participate in in any statewide public awareness and enforcement campaigns sponsored by the Florida Department of Transportation Safety Page 100 of 1037 500-065-17 SAFETY 12J16 Sustainability: (If local project, provide details about how you plan to continue the safety efforts after the initial funding period has ended. If you cannot continue the safety efforts, provide details about what will prevent you from continuing. Does not apply to statewide projects.) The City of Boynton Beach has always put great effort to ensure our roads are safe and we will continue to do so even after the funding period is over. Since the city is asking to purchase equipment (message board, the city will continue to use the equipment as deemed necessary to conduct the same duties as it was during the grant cycle for the life of the equipment Page 101 of 1037 500-05-17 SAFETY 12/16 Project objectives: (List the short term objectives that you have for the project. All objectives must be quantifiable, such as, "To reduce the number of crashes by 5% compared to the 3 year average of the most recent data by conducting 12 sobriety checkpoints during the sub -grant period; Providing 12 public education outreach events in the community during the sub -grant period.") > Increase safety belt use in the City of Boynton Beach, decreasing the number of citations issued during the grant cycle. > Increase enforcement of Florida's safety belt and child restraint laws, by conducting at least monthly (4) high visibility enforcement details throughout the grant period, > Participate in (6) community events promoting occupant protection safety throughout the grant period. Page 102 of 1037 500-065-17 SAFETY 12116 Evaluation: (Explain:, how you will determine each project objective has been met by using one or more of the following methods: Formative, Process/Administrative, Impact, and Outcome, Details about the four methods of evaluation can be found at http:LNrww.fdot.gov/safety/3 Grants/Grants-Home.shtm) • Number of safety belt citations issued. • Number of child restraint citations issued. • Number of speed and aggressive driving related injuries • Number of occupant protection presentations conducted during grant award period. Project director will gather input from participants to determine receptiveness of the safety message and effectiveness of presentation. Locations for presentations will be determined by review of crash data, which will then be utilized to raise awareness with the target audience. Page 103 of 1037 500-065-17 SAFETY 12/16 Additional' Questions for Traffic Records Coordinating Committee (TRCC) Priority Area, (Only complete if requesting funding from the Traffic Records Coordinating Committee,) Do you anticipate needing funding for multiple years to complete this project? El Yes D No If yes, Please provide additional details below: Project will impact the following Traffic Records Information System(s): (Select All That Apply) F-1 Citation/Adjudication F1 Driver EJ Roadway D Crash 0 EMS/Injury Surveillance System F-1 Vehicle Project will impact the following performance area(s): (Select All That Apply) F-1 Accessibility El Completeness El Timeliness El Accuracy El Integration El Uniformity Project will advance the following goal(s) for Florida's Traffic Safety Information Systems: (Select All That Apply) [:1 Accessibility E3 Data Quality ❑ Utilization El Coordination 0 Integration Goal Support: (Explain how the project will help advance the goal(s) selected above.) Page 104 of 1037 50"65-17 SAFETY 12116 List each Item for which you are requesting funding and the estimated cost of the item(s), Any matching funds that can be provided from other sources should be listed in the Match section. Equipment that has a per unit coast of $1,000 or more should be listed in the Operating Capital Outlay section. Page 105 of 1037 FEDERAL MATCH BUDGET CATEGORY TOTAL FUNDING STATE LOCAL A. Personnel Services Overtime Salaries $40,000 $40,000 $0 $0 (no benefits) $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 0 $0 $0 0 $0 $0 $0 $ 0 $0 0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $40,000 $40,000 $ 0 0 B. Contractual Services $ 0 $0 $0 $0 0 $0 $0 $0 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal 0 0 $ 0 $ 0 C. Expenses 0 $0 $0 $0 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ a $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $ 0 0 0 $ 0 Page 105 of 1037 500-065-17 SAFETY 12/16 BUDGET CATEGORY TOTAL FEDERAL MATCH STATE LOCAL FUNDING D. Operating Capital Outlay message beard $12,000 $12,000 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $o $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $o $0 $0 $ 0 $0 $0 $0 Subtotal $12,000 $1'2,000 $ 0 0 E. Indirect Cost $ 0 $0 $0 $0 Subtotal 0 $ 0 $ 0 0 Total Cost of Project $52,000 $52,000 $ 0 $ 0 r Assigned Priority Area.- Postmark rea:Postmark Date: Planner Assigned: Date Received: Date Assigned: Entered Into Database: Planner Received: Page 106 of 1037 FDOT Florida Department ofTransportation }dWh. SCOvi..t.. 605 ` uNkanne?e Street "V9IKE DE" 5_1I) (}4541 SECRETARY August 28, 2017 Jeffrey S. Katz, Chief of Police City of Boynton Beach 100 E Boynton Beach Blvd Boynton Beach, Florida 33435 Dear Jeffrey S. Katz: The Florida Department of Transportation (FDDT) State Safety Office is pleased to inform you that your agency has been selected to receive subgrant funding for the 2018 Federal fiscal year, which begins October 1, 2017. The following concept paper has been accepted and included in the FDDT FY2018 Highway Safety Pian (FISP) with the following project number„ title, and funding levels below: FY2018 HSP Project Number original requested Amount Subgrant Funding Awarded M2HVE-18-2002 52,000 $ 20,000 FY2018 HSP PMiect Title Boynton Beach t�ccu ant Protection &. Child Passenger Safety Program Based upon funding levels awarded to the State of Florida for the Federal fiscal year by the National Highway Traffic Safety Administration (NIITSA), grant awards may not be the same as the amount requested in your concept paper and the award does not mean that everything listed in the concept paper, including any equipment requests, were approved and/or funded. Attached is the new FDDT subgrant form that will need to be completed for execution of your subgrant funding. The total amount of the subgrant cannot exceed the funding awarded in the "Subgrant Funding Awarded" column listed above. All FY2018 subgrants MUST be submitted using the new FDDT Subgrant Form attached hereto. Any Subgrants submitted on old forms will be returned for resubmittal on the new form. An electronic version of this letter and the FY2018 Subgrant Form has been emailed to your Project Contact, Jaclyn Smith, which was Listed on your Concept Paper Application, by your assigned. FDDT Traffic Safety Program Manager. They will coordinate with your Project Contact to work on finalizing the details of your FDOT/NHTSA approval, completing the subgrant form, and submitting it for execution.. We look forward to working with you on this project, if you have any questions, please feel free to contact me at (850) 414-4009 or by email at cutis. t tdf,,(fr do I state.ti«�. Additional information can also be found on our website at: kupi ww} k jc t t<3te 0 Lis safety _3 CtRt,rt1 Cr�t�Itty {t4rs�i�vn I�iFrt, Sincerely„ Chris Craig, CPM, FCC Traffic Safety Administrator Florida Department of Transportation CP; 136 \vwkv.dot.state.fI,us Page 107 of 1037 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATtON (FDOT) 500-065-01 SAFETY SUBGRANT FOR HIGHWAY TRAFFIC SAFETY FUNDS SA07/17 For FDOT Use Only Project Number: M2HVE-18-20-02 FDOT Contract Number: GOQ44 Federal Funds Awarded: $20,000.00 FDOT DUNS Number: 80-939-7102 Federal Award Identification Number (FAIN),: 18X920405bFL16 FAIN Award Date: Feb 2016 Subgrant Award (Start) Date: Subgrant End Date: 9/3012018 Amendment Number and Dates: F Part 1: GENERAL ADMINISTRATIVE INFORMATION (See instructions) 1. Project Title: Boynton Beach Occupant Protection and Child Passenger Safety Program 2. Federal Total Funding: $20,000.00 Match: $0.00 Cost: $20,000.00 1 Subrecipient Agency: 4. Implementing Agency: Name: City of Boynton Beach Name: Boynton Beach Police Department Address Line 1: 100 East Boynton Beach Boulevard Address Line 1: 100 East Boynton Beach Address Line 2: Boulevard City: Boynton Beach Address Line 2: State: FL City: Boynton Beach Zip: 33435- State: FL Zip: 33435- 5. Federal ID Number or 29 Digit FLAIR Account Number (State Agencies): 59-6000282005 6. DUNS Number:072247133 7. Chief Financial Officer: 8. Project Director: Name: Tim Howard Name: Officer Jaclyn Smith Address Line 1: City of Boynton Beach Address Line 1: Boynton Beach Police Department Address Line 2: 100 East Boynton Beach Boulevard Address Line 2: 100 East Boynton Beach Boulevard City: Boynton Beach City: Boynton Beach State: FL State: FL Zip: 33435- Zip: 33435 - Telephone No: (561) 742 - 6312 ext. Telephone No: (561) 742 - 6195 ext. E -Mail Address: howardt@bbfl,us E -Mail Address: smithja@bbfl.us 9. Financial Reimbursement Contact: 10, Project Activity Contact: Name: Tim Howard Name: Officer Jaclyn Smith Titie: Finance Director Title: Grant Manager Telephone Number: (561) 742 - 6312 ext. Telephone Number: (561) 742 - 6195 ext. E -Mail Address: howardt@bbfl.us E -Mail Address: smithja@bbfl.us 11. Payment Remittance Address: Address Line 1: City of Boynton Beach Address Line 2: 100 East Boynton Beach Boulevard City: Boynton Beach State: FL Zip: 33435 - Page 108 of 1037 500-065-01 SAFETY State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected to result. Use the following msjnrheedimga� 1. Statement of the Problem 2. Proposed Solution 3. Project Objectives 4. Evaluation 1.Statement ofthe Problem The City ofBoynton Beach is located along the Atlantic Coast inthe southern partofPm|mBeachCounty.Thooityis approximately 16 square miles and lies between West Palm Beach and City of Miami. The city has approximately 70,000 year round residents. During the winter months there is a population increase due to part time residents and tourists. There are nine major roadways within the city limits, including Boynton Beach Boulevard (State Road 804), which is a main roadway with an exit/entrance to |mtenshshs 95 and Florida's Turnpike. According to the Florida Department of Transportation (FDOT) fiscal year (FY) 2018 Highway Safety Matrix, the City of Boynton Beach ranked 13 out of 99 for occupant protection -related crashes with serious injuries or fatalities. For all crashes with serious injuries orfatalities, the city ranked 24out ofD0. Boynton Beach Police Department (PD)Crash and Citation Data: 2014 2015 2010 Total crashes 2.843 3.111 3.338 Total crashes with fatalities 4 0 11 Total crashes with injuries 508 583 693 Total sahatybe|Uchi|d restraint citations 434 288 172 It imclear that continued education and enforcement ofthe state's safety belt and child restraint laws isnecessary inorder toreduce the incidences ofinjuries and fatalities onthe city's roadways. 2. Proposed Solution The Boynton Beach Occupant Protection and Child Passenger Safety Program aims to reduce traffic crash fatalities and injuries do to unrestrained or improperly restrained occupants through education and enforcement. Boynton Beach PD, will review available crash data in order to determine high frequency crash locations where occupants were not properly remtnained.Tmaf5nparyonnolwiUuonduct^zem1o|ensnne,''hi0hvimib8ityonfumemen1opemdmmsattheee|ooadonn. Enforcement of Florida's safety belt and child passenger restraint laws will be accompanied with an educational opportunity to provide occupant protection information to the public. The department will also participate in the statewide Click |tUrTicket public awareness and enforcement campaign. Communications and outreach will bemcore component mfthis program. The Boynton Beach PDwill conduct education initiatives in local high schools, senior centers, businesses, civic organization and public forums to raise awareness of safety belt and child restraint laws. The department will review local traffic crash data to determine which population groups constitute a majority of the traffic crashes involving unrestrained or improperly restrained occupants. A special emphasis will be made to raise awareness within the identified groups. In addition, Boynton Beach PD will partner with local resources such as the Community Traffic Safety Team, the Law Enforcement Liaison Program, neighboring law enforcement agencies and local media outlets to promote occupant protection messages. 3. Project Objectives By the end ofthe grant period (September 3O.2O18)this project wi||� 1- Reduce the number of occupant protection -related fatalities and injuries in the City of Boynton Beach by at least 5Y4when compared tothe previous three year average. 2� Conduct minimum of 1 high visibility occupant protection enforcement patrols each nmonth, including participation inthe statewide Click |t[>rTicket campaign. 3, Participate in a minimum of 6 community events to increase occupant protection awareness and education, 4. Conduct aminimum of8occupant protection presentations. 4. Evaluation Page 109 of 1037 w0-065-01 SAFETY M1 7 State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected to result. Use the following major headings: 1. Statement of the Problem 2. Proposed Solution 3, Project Objectives 4. Evaluation The success, of this project will immeasured ty� I� The number occupant protection -related fatalities and injuries in the City of Boynton Beach is reduced by at least 5%when compared to the previous three year average. 2. The number of high visibility occupant protection enforcement patrols conducted. 3, The number of community events participated in to increase occupant protection awareness and education. 4. The number ofoccupant protection presentations provided, Amendment Number: (FDOT Only) Page 110 of 1037 m0-065-01 SAFETY 04/17 Project Title: Boynton Beach__Occupant_ Protection and Child Passenger Safety Program Project Number: M2HVE-1 8-20-02 FDOT Contract Number: —GOQ44 Each budget category subtotal and individual line item costs listed below cannot be exceeded. The FDOT State Safety Office may approve shifts between budget categories and line items via an amendment. BUDGET CATEGORY NARRATIVE TOTAL —f FEDERAL MATCH COST FUNDS A. Personnel Servic is Overtime Salaries Overtime salaries only. $20,000 $20,000 $0 Subtotal $20,000 $20,000 $ 0 B. Contractual Services C. Expenses Amendment Number: Page 111 of 1037 500-065-01 SAFETY 04/17 Project Title: Boynton Beach Occupant Protection and Child Passenger Safety Program _ Project Number: M2HVE-18-20-02 FDOT Contract Number: GOQ44 Each budget category subtotal and individual line item costs listed below cannot be exceeded, The FDOT State Safety Office may approve shifts between budget categories and line items via an amendment. BUDGET CATEGORY7 NARRATIVE TOTAL FEDERAL MATCH COST FUNDS D. Operating Capital Outlay $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0, $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 Subtotal $ 0 $ 0 $ 0 E. Indirect Cost $ 0 $0 $0 Subtotal $ 0 $ 0 $ 0 Total Cost of Project $2t,o00 $20,000 $ 0 Amendment Number: (FDOT Only) Effective Date: (FDOT Only) Page 112 of 1037 500-065-01 SAFETY 04,117 Project Title: — Boynton Beach Occupant Protection and Child Passenger Safety Program Project Number: M2HVE-18-20-02 FDOT Contract Number: G0044 Minimum Performance Standards The following are the minimum performance standards required in this subgrant agreement. The status of these standards will be reported using FDOT form number 500-065-19 Performance Report and shall be included with each request for reimbursement, 1. Provide assistance and support for Operation Buckle Up. 2. Provide performance reports. 3. Submit request(s) for financial reimbursement. 4. 5. 6. 7, 8. 9. National Highway Traffic Safety Administration (NHTSA) Required Activity Reporting The following statistics are required reporting for any traffic safety enforcement grant. (enforcement grants only) This information must be reported in the final narrative report FDOT form 500-065-20 and provided by October 311`. 1. Number of seat belt citations issued during subgrant-funded enforcement activities. 2. Number of impaired driving arrests made during subgrant-funded enforcement activities. 3. Number of speeding citations issued during subgrant-funded enforcement activities. Amendment Number: (FDOT.Only) Effective Date: ffD0T,0nly) Page 113 of 1037 500-055-01 SAFETY 04/17 Part V: Acceptance and Agreement Conditions of Agreement. Upon approval of this Subgrant for Highway Safety Funds, the following terms and conditions shall become binding. Noncompliance will result in loss of, or delays in, reimbursement of costs as set forth herein. 1. Reports. A Performance Report (FDOT Form No. 500-065-19) shall be provided with each request for financial reimbursement, providing the status of the subgrant minimum performance standards, as described Part IV of this subgrant agreement. A Final Narrative Report (FDOT Form No. 500-065-20), giving a chronological history of the subgrant activities, problems encountered, major accomplishments, and NHTSA Required Activity Reporting shall be submitted by October 31. Requests for reimbursement will not be processed and will be returned to the Subrecipient or Implementing Agency as unpaid if the required reports are not provided, following notification. 2. Responsibility of Subrecipient. The Subrecipient and its Implementing Agency shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All monies spent on this project shall be disbursed in accordance with provisions of the Project Detail Budget as approved by the FDOT State Safety Office. All expenditures and cost accounting of funds shall conform to 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements For Federal Awards, herein incorporated by reference, (hereinafter referred to as Applicable Federal Law). 3. Compliance with Chapter 287, Florida Statutes (FS). The Subrecipient and Implementing Agency agree to comply with all applicable provisions of Chapter 287, Florida Statutes. The following provisions are stated in this agreement pursuant to sections 287.133(2)(a) and 287.134(2)(a), Florida Statutes. (a) Section 287.133 (2)(a), F.S. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. (b) Section 287.134 (2)(a), F.S. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity-, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity-, and may not transact business with any public entity. 4. Approval of Consultant and Contractual Service Agreements. Prior to the execution of any contractual service agreements and prior to the actual employment of the consultant or the contractor by the Subrecipient or Implementing Agency, All consultant and contractual services agreements must be submitted to the FDOT Safety Office in draft form for review and approval. Approval of the subgrant does not constitute approval of a consultant or contractual service agreement. All contractual service agreements shall include as a minimum the following information: (a) Beginning and end dates of the agreement (not to exceed the subgrant period); (b) Total contract amount; (c) Scope of work/Services to be provided; (d) Quantifiable, measureable, and verifiable units of deliverables; (e) Minimum level of service to be performed and criteria for evaluating successful completion-, (f) Budget/Cost Analysis; and (g) Method of compensation/Payment Schedule. Page 114 of 1037 500-065-01 SAFETY 04.17 All contractual service agreements shall contain the following statement: The parties to this contract shall be bound by all applicable sections of Part V: Acceptance and Agreement cfProject # (insert project number), FDOT Contract # (insert contract numobor). A final invoice must be received by (insert date) orpayment will beforfeited. 5. Allowable Costs. The allowability of costs incurred under any oubgrard shall be determined in accordance with the Qamena| principles of allowability and standards for ae|euhad cost items set forth in the Applicable Federal Law. state |aw, and the FDOT Disbursement Handbook, to be eligible for reimbursement. All funds not spent io accordance with the Applicable Federal Law will besubject torepayment bythe 5ubreuipimn1, Only costs directly related tommbgrantshall be aUuxmmb|e. R. Travel. Travel costs for approved travel shall be submitted on the FDOT Contractor Travel Form (FDOT Form No. 300'000-06) or other approved Florida Department of Financial Services form and will be reimbursed in accordance with Section 112.061, F.S and the most current version of the Disbursement Handbook for Employees and Managers. All mut-mf-statetravel, conference travel, meeting t/amy| which includes registration fee, amd/orou\'of-subAnamt-speoified work area travel shall require written approval of the FDOT State Safety Office prior to the incurring of actual travel costs as being within the travel budget of the project and relevant to the project. Out-of-state travel ohm|| not be approved unless the specific trip is in the approved subgnan\ budget or the head of the Implementing Agency provides sufficient justification toprove that the travel will have significant benefits 10the outcome nf the eubgrantactivities. The FDOT State Safety Office shall not pay for overnight lodging/hotel room nates that exceed $150.80 per night (before taxes and fees). /\ Bubmeoipient and/or traveler will be required to expend his or her own funds for paying the overnight lodging/hotel room nate in excess of $150.00 plus the applicable percentage of fees (other than Nat fees). If multiple travelers shore a room and the individual cost ofthe lodging/hotel exceeds the $150 per night limit, the Subreoipiont and/or travelers will be required to expand his or her own funds for paying the exooae amount. |fanother entity is covering the cost of the overnight lodging/hotel then this paragraph does not apply. 7. SubgroutA/m*ndments. The 8ubrecipientor Implementing Agency shall obtain prior written approval from the FDOT State Safety Office for changes to the agreement. Amendments to the agreement will be approved m/bioh achieve or improve upon the outcome of the uubgran\ wmrk, or where factors beyond the oonbn| of the S�ubnaoipiemt require the change. For example: (a) Changes improject activities orperformance indicators set forth inthe approved aub0nanL (b) Changes imbudget items and amounts set forth inthe approved subgnart. (o) Changes x7personnel inpositions that are being reimbursed bythis agreement. Amendments to the mmbqnardagreement shall be in the form ofewritten request signed by the Authorized Representative of the 3ubnsupi*nt or the Administrator oYthe Implementing Agency. Delegations of signature authority will not be accepted for amendment requests without prior written approval. M~ Reimbursement Obligation. The State of Florida's performance and obligation to reimburse the Subracpien\ shall be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature, As detailed in 49 CFR, Port 29. Governmentwide Debarment and Suspension (Nmnprocuremen% and Gpvernmentwidm Requirements for Drug'FreeVVorkp|aoe (Grmnts), herein incorporated by reference, the SubneoipientnhaN not be reimbursed for the uom1 nfgoods urservices received from ountxuctura, uomau|tantu, wandory, or individuals suspended, deburnsd, or otherwise excluded from doing business with the Federal government. The Subm*cipien1 or its Implementing Agency ahe|8 submit the required certification by consultants with awards in excess mfthe small purchase threshold fixed at 10 U.&C. 2304(g) and 41U.&C.2S3(g)(currently $25.00O). 9. Excusable Delays. Except with respect 0mthe defaults mfSmbneopiem`morImplementing Agency's consultants and contractors which shall be attributed to the Subnarpiont. the Subreoipient and its Implementing Agency shall not be in default by reason of any failure in performance of this agreement in accordance with its terms if such failure arises out uf causes beyond the control and without the fault urnegligence of the Subreuipiemtorits Implementing Agency. Such causes any acts of God or of the public anemy, acts of the Government in either its sovereign or contractual oapeo|h/. 8 Page 115 of 1037 500-065-m SAFETY 04117 fires, floods, epidemics, quarantine restrictions, sthkms, freight embargoes, and unusually severe weather, but imevery case the failure to perform must be beyond the control and without the fault or negligence of the SubreoipienL If the failure to per -form is caused bythe failure of the Subnecipient'oor its Implementing Agency's consultant nrcontractor |o perform or make Arognmma, and if such hmi|uny arises out of causes beyond the 000bo| of the 5ubmuipient its Implementing Agency and its consultant urcontractor, and without the fault or negligence ofany ofthem, the 8ubnecipient shall not be deemed to be in default, unless (1) the supplies or services to be furnished by the consultant nrcontractor were obtainable from other upuncea. (2) the FOOT State Safety Office shall have ordered the Subrecipieni or its Implementing Agency in writing to procure such supplies orservices from other sources, and (3)the Subreuipiemtorits Implementing Agency shall have failed tocomply reasonably with such order. Upon request ofthe Oubnaoipient or its Implementing Agency, the FDOT State Safety Office shall ascertain the facts and extent of such failure and, if it shall be determined that any failure to perform was occasioned by any one or more of the said causes, the delivery schedule shall borevised accordingly, 10. Obligation of SubgramcFundm. Subgrant funds shall not be obligated prior to the effective date or subsequent to the end date of the »ub0rnnt period. Only project costs incurred on orafter the effective date and on or prior to the end date of the subgront are eligible for reimbursement. A cost is incurred when the BubreoinienCs employee, its Implementing Agency, or approved contractor or consultant performs the service required or when goods are received by the Subrecipient or its Implementing Agency, notwithstanding the date of order. 11, Performance. In the event of default, noncompliance, or violation of any provision of this agreement by the Subrooipiont, the Implementing Agency. the Subrecipian(`s consultant(s) mruontmo1or(o) and supplier(s), the Subreoipion1 agrees that the Department will impose sanctions. Such ommrdonw include withholding of reimbursements, retaina0e, cancellation, termina1imn, or suspension of the agreement in vvho|o or in part. In such an event, the Department shall notify the Subreoipieo\end its Implementing Agency of such decision 30 days in advance of the effective date of such sanction. The sanctions imposed by the Department will be based upon the severity ofthe vio|adon, the ability to remedy, and the effect on the project. The 5wbreoipi*mt ohmU be paid only for those services satisfactorily performed prior to the effective date nfsuch sanction. 12. Access to Public Records and Monitoring. The Departmemt, National Highway Traffic Safety Administration (NHTGA). Federal Highway Administration (FHVVA). Chief Financial Officer (CFO), and Auditor General (AB) of the State of Florida, or any oftheir duty authorized representatives, ohu|| have auoema for the purpose ofaudit and examination of booku, documents, pepora, and records of the Subrac|pient and its Implementing Agency. and to relevant books and records of the Subreoipiemt. its Implementing A0mnoy, and its consultants and contractors under this ugneemen1, as provided under Applicable Federal Law. In addition to review cfaudits conducted in accordance with 2 CFH Part 200, herein incorporated by referonoe, monitoring procedures will ino|uda, on-site visits by Department staff. limited scope audits as defined by 2 CFR Part 200, and m1uhum checks ofsubgrant activity via telephone calls from F0OT State Safety Office staff to 5ubnecipients. By entering into this ugreoman1, the Subrecipiontand its Implementing Agency agree tocomply and cooperate with monitoring procedures. In the event that a limited scope audit ofthe 5ubrooipiontor its Implementing Agency is performed. the Subrecipiemtm0naes to, bring the project into compliance with the uubgrmnt agreement. The Swbrocipiant further agrees to comply and cooperate with any inspentions, reviems, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. The Subnaoipientmnd Implementing Agency agree to comply with all provisions provided in Chapter 119 Florida Statutes. If the Subreoipiem\ receives a public records request concerning its work undertaken pursuant to this Department subgrant, the Subrecipient must take appropriate action as required by Chapter 119, Florida Statutes. |fthe Subreoipimnt is unable to ascertain how beat to comply with its ob|igations, it should seek the advice of counsel and/or FDOT State Safety Office. The Department shall unilaterally cancel this oubgremt if the 8ubrooipientorits Implementing Agency refuses to allow public access to all documents, papers, |ettern, orother material subject to the provisions of Chapter 119. F.S., and made or received by the Subrecipient or its Implementing Agency in conjunction with this subgrant. Records of costs incurred under the terms ofthis eubQman( shall be maintained and made available upon request to the Department at all times during the period of this subgrant and for five years after final payment is made. Copies ofthese documents and records shall be furnished to the Department upon request Records of costs incurred include the Other Party's general accounting records and the project records, together with supporting documents and records, of the I Page 116 of 1037 ww65-0' SAFETY 04117 contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 13. Audit. The administration cfresources awarded through the Department Nothe SubreoipUeotbythis Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority ofthe Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or limit the authority ofany State agency inspector general, the 3Ca&a of Florida Auditor General or any other 3tehm official. The Subrecipient shall comply with all audit and audit reporting requirements as specified below. (u) In addition to reviews of audits conducted in mcnandsnoe with OMB Circular A- 33' for fiscal years beginning before December 26. 2014' and in accordance with 2 CFR Part 200, Subpart F—Audit Requirements, for fiscal years beginning on or after December 26. 2014. monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures including, reviewing any required performance and financial mypmrts, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Subn*oipientagreee tocomply and cooperate fully with any monitoring Pnuomdunes/pnooeaoao deemed appropriate by the Department. The Subneoipienifurther agrees to comply and cooperate with any inopeotimoa, nexiaws, imvestigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CF(J)orState ofFlorida Auditor General. (b) The Subn*oipi*o1, a non -Federal entity as defined by [)MB Circular A-138, for fiscal years beginning before December 28. 2014. and as defined by 2 CFR Part 200. Subpart F — Audit Requinymento, for fiscal years beginning on orafter December 28. 2014. as a Subrecipient of Federal award awarded by the Department through this Agreement is subject to the following requirements: (1)|nthe event the Subrecipientexpends a total amount of Federal awards equal to or inexcess ofthe threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014. and established by 2 CFR Part 200. Subpart F — Audit Requinemen|s, for fiscal years beginning on or after December 26, 2014, the Subrecipient must have a Federal single or program -specific audit for such fiscal year conducted in accordance with the provisions of OMB Circular A-133, for fiscal years beginning bafuna December 26, 2014, and in accordance with the provisions of CFR Part 200. Subpart F —Audit Requirements, fnrfiauaY years beginning on or after December 26, 2014. Part V| to this Agreement provides the required Federal award identification information needed by the Subrecipient to further comply with the requirements of OMB Circular A-133, for fiaom1 years beginning before December 28. 2014, and the requirements of 2 CFR Pad 200, Subpart F — Audit Requinem*m&s, for finoe| years beginning on orafter December 2G. 2014. In determining Federal awards expended in a0moa| year. the SubrocipimnY must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department bythis Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by DK*B Circular A'133, for fiscal V*om beginning before December 26. 2814, and established by 2 CFR Part 200. Subpart F —Audit Requixamento, for fiscal years beginning on or after December 26, 2014. An audit conducted by the State of Florida Auditor General in accordance with the provisions of OMB Circular A-133. for fiaom| years beginning before December 20. 2014. and in ucoovdmmoe with 2 CFR Part 200. Subpart F —Audi1 Roquinomentm, for fiscal years beginning on or after December 26, 2014. will meet the requirements ofthis part. (2) In connection with the audit requirements, the Smbr*o|piant shall fulfill the requirements relative to the oudihoe resp nnn|thQties as provided in OMB Circular A-133, for fiscal years beginning before December 2O,2014.and moprovided |n2CIFRPart 2OO.Subpart F—Audit Requirements, for fiscal years beginning on or after December 26, 2014. (3) In the event the Subreoipient expends |eaa than the threshold established by OMB Circular A-133, for fiscal years beginning before December 2Q'2O14^and established by2CFR Part 2UO.Subpart F—Audi( Requinamentm, for fiscal years beginning on or after December 26. 2014. in Federal awards, the Subneuipient is exempt from Federal audit noquimamon1e for that fiscal year. However. the Sohneoipient mmet provide e single audit exemption statement to the Department at no later than nine months after the end of the Subrecipient's audit period for each applicable audit year. In the event the Subrecipient expends less than the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014. and established by 2 CFR Pad 200. Subpart F —Audit IKE Page 117 of 1037 500-m5-01 SAFETY mm, Requinemento, for fiscal years beginning on or after December 20. 2014, in Federal awards in a Ootm| year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014. and in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, for fiscal years beginning on or after December 26, 2014, the cost of the audit must be paid from non -Federal neaoumo*a (ie.. the cost of such an audit must be paid from the Subreoinient'u resources obtained from other than Federal entitiea). (4) The Subrecpient must electronically submit to the Federal Audit Clearinghouse (FAC) at the audit reporting package asrequired by OMB Circular A-133'for fiscal years beginning before December 26, 2014, and as required by CFR Part 200. Subpart F—Audit Requirements, for fiscal years beginning on or after December 26, 2014, within the earlier of 30 calendar days after receipt ofthe auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record /or audits required by [)MB Circular A-133, for fiscal years beginning before December 26. 2014' and for audits required by 2 CFR part 280. Subpart F —Aud|t Requimemonts, for fiscal years beginning on or after December 28. 2014, and this Agreement. However, the Department requires o copy of the audit reporting package also be submitted to within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by OMB Circular A,133, for fiscal years beginning before Qmn*mbor 26. 2014, and as required by 2 CFR Part 200, Subpart F — Audit Requirements, for fiscal years beginning on orafter December 2@.2U14. (5) Within six months of acceptance of the audit report by the FAC. the Department will review the Subrecpient'oeudit reporting paokage, including corrective action plans and management Uet0ere, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department bythis Agreement. If the Subreoipient fails to have an audit conducted in accordance with OMB Circular A-1 33, for fiscal years beginning before December 26. 2014' and in accordance with 2 CFR Port 200. Subpart F —Audit Requinements, for fiscal years beginning on orafter December 28. 2814. the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce ommp|iunoe, which actions may include but not be limited 1uthe following: 1. Temporarily withhldoashpmyments pending correction mfthe deficiency bythe Agency ormore severe enforcement action bythe Department; 2. Disallow (deny both use of funds and any epp|ioob|o matching credit for) all or part of the cost of the activity oraction not incompliance; 1 Wholly orpartly suspend nrterminate the Federal award; 4, Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Oepartmont, recommend such a proceeding beinitiated bythe Federal awarding agenuy); 5. Withhold further Federal awards for the Project nrprogram, 6, Take other remedies that may be legally available. (6) As e condition of receiving this Federal award, the Smbrecphsrd shall permit the Department, or its designee, the CFO or State of Florida Auditor General access to the Swbraopimnt'm records including financial statememts, the independent auditor's working papers and project rommvda as necessary. Records related to unresolved audit findings, appeals orlitigation mhuU be retained until the action is complete orthe dispute is resolved. (7) The Department's contact information for requirements under this part is as follows: Office of Comptroller, IVIS 24 GO5Suwannee Street Tallahassee, Florida 3230Q-U45O (c) The Subrecipient shall retain sufficient records demonstrating its compliance with the terms ofthis Agreement for aperiod offive years from the date the audit report isissued and shall allow the Department, orits designee, the CFO or State of Florida Auditor General access to such records upon request. The Subrecipient shall ensure that Page 118 of 1037 m0-065-01 SAFETY 04117 the audit working papers are made available hmthe Department, or its designee, the CFD, or State of Florida Auditor General upon request for aperiod offive years from the date the audit report is issued unless extended |n writing bythe Department. 14. Cooperation with Inspector General. The sub recipient agrees to comply with Section 20.055(5). Florida 8ta8uhes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. 15. Retention of Records. The Subnacipiem1ohaU retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and ohe@ aUmv* the Department, or its designee, the state CFO, or Auditor General access to such records upon request. TheSubmadpient shall ensure that the independent audit working papers are mode available to the Qeportment, or its deaignep, the state CFO, or Auditor General upon request for o period of at least five yearn from the date the audit report is insued, unless extended in writing bythe Department. Records related no unresolved audit findings, mpp*a|e, or litigation shall be retained until the action is completed or the dispute ioresolved. Records shall also bomaintained and accessible in accordance with 4ACFR, Section 18.42mr49 CFR, Section 1@.53. 16. Procedures for Reimbursement. All requests for reimbursement ofsuhgnentcosts must be submitted on forms provided by the Department (FDOT Form Numbers 500'005-04 through 09 and 19) unless otherwise approved. Forms must becompleted in detail sufficient for a proper pro -audit and post audit bused on the quan(ifiab|e, mmeamrob|e, and verifiable units of defiverables and costs, including supportive documentation. Deliverables must be received and accepted in writing by the FDOT State Safety Office prior to payments, The Subrmcipiemtor its implementing Agency should submit financial reimbursement forms to the FDOT State Safety Office at least once each quarter as costs are incurred and payment is made. The only exception is when no costs are incurred during a quarter. Atm minimum' reimbursement for mubgranto with personnel coats should be made after every two pay periods if paid bi-weekly. Reimbursement ofpersonnel costs should be requested monthly if payroll is on a monthly basis. Failure to submit reimbursement requests in a timely manner may result in the subgrant being terminated. ALL requests for reimbursement shall include FDOT Form 500-065-019 Performance Report for the period of reimbursement. All requests for reimbursement of Operating Capital Outlay items having a unit cost of$,S.O0O or more and a useful |iho of one year ormore ehm|| be accompanied by Non -Expendable Property Accountability Record (FDOT Form No. 500-065- 09). Reimbursement of Operating Capital Outlay costs shall not be made before receipt of this form. All requests for reimbursement shall be signed by an Authorized Representative of the Subreoipient or the Administrator ofthe Implementing Agency, ortheir delegate. A final financial request for reimbursement shall be submitted and/or postmarked no later than October 31 following the end ofthe subQnsntperiod, Such request should bedistinctly identified oaFinal. Failure tmsubmit the invoice imutimely manner shall result in denial nfreimbursement. The Subnm«iphentagrees toforfeit reimbursement ufany amount incurred if the y|ma| request is, not submitted and/pr postmarked by October 31 foU|ovv|mg the end of the subBrant period. Subr*cipion1a providing goods and services to the Department should be aware of the hu||mwxng time frames. The FDOT State Safety Office has a 30-duy review pruoaaa to approve goods and services that starts on the date ufreceipt of financial reimbursement request. After that review and approval, the Department has 28 days to deliver o request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter ofthe date the invoice is received or the goods or services are receivod, inop*cted, and approved. Financial reimbursement naquaato may be returned ifnot completed properly, Ma payment is not available within 40 days from the FDOT State Safety Office approval, a separate interest penalty at a rate as established pursuant to Section 55.03(/)' /�S., will be due and payub|e, in addition to the financial reimbursement request amount, to the Subnaoip|ent Interest penalties ofless than one (1) dollar will not be enforced unless the Subneoipient requests payment. Financial reimbursement requests that have to be returned to a Subremipient because ofSubrecipien1preparation errors will result in a delay in the payment. The financial reimbursement request payment requirements donot start until a properly completed financial reimbursement request is provided 10the Department. 12 Page 119 of 1037 500-065-01 SAFETY 04117 Reimbursement shall be made only after receipt and approval of goods and services. If the Department determines that the performance of the Subrecipient is unsatisfactory, the Department shall notify the Subrecipient of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the Department. The Subrecipient shall, within five days after notice from the Department, provide the Department with a corrective action plan describing how the Subrecipient will address all issues of subgrant non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or subgrant non-compliance. If the corrective action plan is unacceptable to the Department, the Subrecipient shall be assessed a non-performance retainage equivalent to 10% of the total financial reimbursement request. The retainage shall be applied to the financial reimbursement request for the then current billing period. The retainage shall be withheld until the Subrecipient resolves the deficiency. If the deficiency is subsequently resolved, the Subrecipient may bill the Department for the retained amount during the next billing period. If the Subrecipient is unable to resolve the deficiency, the funds retained will be forfeited at the end of the Agreement's term. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Subrecipients who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer Services at 1-877-693-5236. 17. Ownership of Data and Creative Material. The ownership of material, discoveries, inventions and results developed, produced, or discovered by the agreement are governed by the terms of 2 CFR, Section 200.315, Intangible property, herein incorporated by reference. 18. Property Accountability. The Subrecipient or its implementing agency shall establish and administer a system to control, protect, preserve, use, and maintain and dispose of any property furnished by the Department, or purchased pursuant to this agreement in accordance with Federal Property Management Standards as set forth in 49 CFR, Section 1832, 49 CFR 19, Section 19.34, or OMB Circular A-110, herein incorporated by reference. This obligation continues as long as the property is retained by the Subrecipient or its implementing agency, notwithstanding the ending of this agreement. 19. Disputes and Appeals. Any dispute, disagreement, or question of fact arising under the agreement may be addressed to the Traffic Safety Administrator of the FDOT State Safety Office in writing. The Traffic Safety Administrator's decision may be appealed in writing within 30 calendar days from the notification to the Governor"s Highway Safety Representative, whose decision is final. Addresses are: Florida Department of Transportation Florida Department of Transportation Attn: Traffic Safety Administrator Attn: Governor's Highway Safety Representative State Safety Office, MS 53 State Safety Office, MS 53 605 Suwannee Street 605 Suwannee Street Tallahassee, Florida 32399-0450 Tallahassee, Florida 32399-0450 The Subrecipient and its implementing agency shall proceed diligently with the performance of the agreement and in accordance with Department's decision(s). 20. Conferences and Inspection of Work. Conferences may be held at the request of any party to this agreement. Representatives of the Department or the U,S. Department of Transportation (USDOT), or both, shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. 21. Publication and Printing of Observational Surveys and Other Reports. (a) During the subgrant period, but before publication or printing, the final draft of any report or reports required under the agreement or pertaining to the agreement shall be submitted to the FDOT State Safety Office for review and concurrence. After the subgrant period has concluded, Subrecipients may publish after providing the FDOT State Safety Office with at least a 15 day prior written notice. (b) Both written and oral releases are considered to be within the context of publication. However, there is no intention to limit discussion of the study with small technical groups or lectures to employees, or students, Lectures that describe plans but discuss neither data nor results may be given to other groups without advance approval. 13 Page 120 of 1037 500-065-01 SAFETY 04/17 (c) Each publication or other printed report covered by Paragraph 21(a) above shall include the following statement on the cover page: (1) This report was prepared for the FDOT State Safety Office, Department of Transportation, State of Florida, in cooperation with the National Highway Traffic Safety Administration, U.S. Department of Transportation and/or Federal Highway Administration, U.S. Department of Transportation. (2) The conclusions and opinions expressed in these reports are those of the Subrecipient and do not necessarily represent those of the MOT State Safety Office, Department of Transportation, State of Florida, and/or the National Highway Traffic Safety Administration, U.S. Department of Transportation and/or Federal Highway Administration, U.S. Department of Transportation, or any other agency of the State or Federal Government. 22. Equal Employment Opportunity. No person shall, on the grounds of race, color, religion, sex, handicap, or national origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under this subgrant, or any project, program, or activity that receives or benefits from this subgrant award. The Subrecipient and its implementing agency agree to comply with Executive Order (E.O.) 11246, as amended by E.O. 11375, and as supplemented by 41 CFR, Part 60, herein incorporated by reference. 23. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, Florida Statutes, the Subrecipient and its implementing agency shall be required to defend, hold harmless and indemnify the Department, NHTSA, FHWA, and USDOT, from all claims and liability, or both, due to negligence, recklessness, or intentional wrongful misconduct of Subrecipient, implementing agency, and its contractor, consultant, agents and employees. The Subrecipient and its implementing agency shall be liable for any loss of, or damage to, any material purchased or developed under this subgra,nt agreement which is caused by the Subrecipient's or its implementing agency's failure to exercise such care in regard to said material as a reasonable careful owner of similar materials would exercise. The parties executing this agreement specifically agree that no provision in this agreement is intended to create in the public or any member thereof, a third party beneficiary, or to authorize anyone not a party to this agreement to, maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this agreement. 24. Disadvantaged Business Enterprises (DBE). (a) The Subrecipient and its implementing agency agree to the following assurance: The Subrecipient and its implementing agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program required by 49 CFR, Part 26, herein incorporated by reference. The Subrecipient shall take all necessary and reasonable steps under 49 CFR, Part 26 to ensure nondiscrimination in the award and administration of USDOT- assisted contracts. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Subrecipient of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.), herein incorporated by reference, (b) The Subrecipient and its implementing agency agree to include the following assurance in each contract with a consultant or contractor and to require the consultant or contractor to include this assurance in all subcontract agreements: The consultant or contractor and subconsultant or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The consultant or contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of USDOT-assisted contracts. Failure by the consultant or contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the Subrecipient, its implementing agency, or the Department deems appropriate. 14 Page 121 of 1037 500-065-01 SAFETY 04117 25. Restrictions on Lobbying. The Subrecipient and its implementing agency agree to comply and require consultants and contractors to comply with 49 CFR, Part 20, New Restrictions on Lobbying, herein incorporated by reference, for filing of certification and disclosure forms. No funds subgranted hereunder shall be used for the purpose of lobbying the legislature, judicial branch, or state agencies. Section 216.347, Florida Statutes, 26. How Agreement is Affected by Provisions Being Held Invalid. If any provision of this agreement is held invalid, the remainder of this agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 27. Federal Requirement for Public Service Announcements, Marketing, and Advertisements. All public service announcements produced with Federal Highway Safety funds shall be closed captioned for the hearing impaired. Public Service Announcements, Marketing, and Advertising. All paid media reimbursed with subgrant funds shall contain a traffic safety message. In order to maximize the effectiveness of the paid media, when marketing or advertising is included in subgrant activities, it shall be done only in conjunction with proven, effective countermeasures, and when the message of the media is designed to call attention to those countermeasures. Before incurring costs related to the paid media, a final draft of the media and media plan shall be submitted to the FDOT State Safety Office for review. Media plans should include the following: (a) What program/policy the paid media is supporting (b) How the paid media will be implemented to support an operational enforcement program whether it be a periodic crackdown/mobilization or an on-going saturation or roving patrol (c) The amount allocated for paid media (d) Anticipated creative costs associated with the paid media (e) The measures that will be used to assess message recognition and penetration of the target audience. The FDOT State Safety Office shall provide written approval for reimbursement if the paid media is appropriate for purchase under this agreement. Proof of performance (e,g,, copies and/or images of posters, air schedules, etc.) of all paid media purchased with highway safety funds shall be attached to reimbursement requests. All subgrant funded public service announcements, marketing, and advertisements shall be tagged "Funding provided by the Florida Department of Transportation, or Funded by FDOT". The name of the Subrecipient or implementing agency and its logo can appear on the paid media but the names of individuals connected with the Subrecipient shall not appear when paid for with Federal highway safety funds. Contractual agreements for marketing and advertising which include communications, public information, and paid media expenditures shall not include gifts as defined by §112.312, Florida Statutes, which includes items such as tickets, seats, food, travel, apparel, memorabilia, etc., to any representative of this agreement or any of their traffic safety partners unless the item or service is regularly made, available to the general public at no cost. 28. Public Information and Education Items. Public Information and Education Items are defined as materials whose purpose, is to convey substantive information about highway safety. Paper, pamphlets, flash drives, CD-ROMs, and similar media that contain educational materials all allowable because their purpose is to contain and convey educational information. In order to be considered educational, distributed material must provide substantial information and education content to the public (not merely a slogan) and have the sole purpose of conveying that information. If a Subrecipient chooses to provide educational content on a flash drive, CD-ROM, or similar device, that device must be an economical method of conveying the information. Before printing or ordering any public information and education items, a final draft or drawing of the items shall be submitted to the FDOT State Safety Office for review and approval. Requests should include the following 15 Page 122 of 1037 500-065-m SAFETY (a) What public information oreducational item is being requested (b) What program/policy iethe item supporting (o) Who the target audience in (d) How the ihann will be distributed (e) Estimated unit cout(a)for the item The FDOT State Safety Office shall provide written approval for reimbursement if the items are appropriate for purchase under this agreement. Copies and/or images of all public information and education items purchased with highway safety funds shall baattached tothe forms requesting reimbursement for the items. Printed materials (tip cards, broohunaa, safety p|edgas, survoyn, activity bomka, booNo1u, guidem, etc.) can be freely distribwted, however tangible items (heimete. DVDs. CD-ROMs, flash or thumb drivas, reflective tape, ehoj require the person receiving the item to interact with the nubreoipiemtin some manner related to the Qoe| of the project in order to receive the item. Interaction includes attending a presentation, signing a pledge sheet, filling out a survey form, answering a traffic safety question, etc. The results of this interaction must be reported in the performance report. VVheno feasib|e, either the Florida Department of Transportation logo or the words "Funding provided by the Florida Department of Transportation, or Funded by F[)[)T.^ shall appear on or in all items. The mama of the 8ubreoipient or implementing agency and its logo can appear on any ofthe public information and edooadnm items. The names of individuals connected with the Subnocipient shall not appear on any printed materials, and advertisements paid for with highway safety funds. Per 2 CFR 200 and NHTSA Memo "Use of NHTSA Highway Safety Grant Funds for Certain Purchases" (dated May 18, 2018). Use ofNHTS/kgrant funds to purchase promotional items or memorabilia is prohibited and therefore unallowable under this mobgnant. 2�9. Term of Agreement, Each mmbgrmnt shall begin on the date the |ae1 party signs the agreement and shall end on September 30, fmUmwing, unless otherwise stipulated by the FDOT State Safety Office on the first page of the maapeodwa agreement. In the event this aubgront is for services in excess of $25,000.00 and a Vmnn form period ofmore than 1 year. the provisions ufSection 339./35(6)(a)'F.SL.are hereby incorporated: "The Departmoent, during any fiscal year, vhm|| not expend money, incur any |iabiNty, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may bepaid onsuch contract. The Department shall require mstatement from the Comptroller ofthe Department that such funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in mxmena of $25.000.00 and which have a term for period of more than 1 year." 30. Clean Air Act and Federal Water Pollution Control Act. For eubgran1 awards in excess of $188.000 the 8ubreoipieotmnd its implementing agency agree to comply with all applicable standards, orders, or regulations issued pursuant 1mthe Clean Air Act (42 U.S.C, 7401 e1 seq.) and the Federal Water PVQwdom Control Act (33 U.S.C. 1251 et oeq.), herein incorporated by reference. The Subredpient shall include this provision in all subcontract awards inexcess of $108,000. 31. Personnel Hired Under Agreement. The head of any implementing agency receiving first year funding fora new p,uai1ion(s) through m mubgnsnt shall provide written notification within 30 days of the agreement being awarded to the FDDT State Safety Office that m new position(s) has been created in the agency as a result of the muhgrant being awarded. Poo|domo created with subgranth/ndimg nhm|| continue to be funded by the Subreoipientafter federal funding ends in order to be eligible for future subgnantfunding. Any and all employees of the Subeuipien\ or implementing agency whose positions are funded. in whole or in part through m oubgnent, shall be the employee of the Subreoipientor implementing agency only, and any and all claims that 16 Page 123 of 1037 500-065-01 SAFETY 040 7 may ehee from said employment relationship shall be the aoks obligation and responsibility of the Subreupientcvits implementing agency, Personnel funded under the subgrant aha|Y not hold the position of Project Director nor receive any benefit under the grant. The FD0T Stade Safety Office must pre -approve the advertisement hireynap|amamnent, and salary for any full time nubgnamtfunded positions (excluding law enforcement pos|tiona). The FDOT State Safety Office reserves the right to require activity reports to demonstrate that personnel hired under the agreement orequipment purchased with sub8nantfunds meet the requirements asspecified bythe nubgrant. 32. Overtime. Overtime hours are intended for enhanced/increased traffic safety enforcement. The overtime pay rate for officers is based on motue| cost per employee inaccordance with the 5ubreuipient's payroll policy. Each Qubreoipient shall comply with Fair Labor Standards Act (FLSA) requirements and thresholds for overtime accrual and payment and its own policies and procedures, insofar as those policies apply uniformly to both federally -financed and other activities of the subneoipiontmmrequired by2CFR 2OO.4O3(o), Additional enforcement may be called overtime, off duty, extra, additional, air, as long as it enhances/increases traffic safety enforcement, A copy of the policy ohmU be maintained by the Subrecipient and/or implementing agency and made available for review if requested. 33. Repossession of Equipment. Ownership of all equipment purchased with Federal highway safety funds maata with the Submaoipientand its implementing agency; however, the USDOT maintains an interest inthe equipment and title vests in the Subreoipian1subject tn several conditions and obligations under CFR Section 200.313. The Subm*cipiemt must use the, equipment for the authorized purposes of the pnojad, whether or not the project continues to be supported by the Federal award, unless the FDOT State Safety Office, on behalf of UBDOT, provides written authorization for another use of the equipment that is permissible under CFR Section 200313. Any equipment purchased with Federal highway safety funds that is not being used by the 8wbneoipient or its implementing agency for the purposes described in the project or in accordance with other authorized uaae under CFR Section 200.313. insubject to repossession by the FDDTState Safety Office, onbehalf ofthe USDUT, Items that are repossessed shall bedisbursed tnagencies that agree to use the equipment for the activity described in this project or for other uses authorized by USDOT. 34. Replacement or Repair of Equipment. The Subneoipiom1and its implementing agency are responsible, at their own cuat, for replacing or repairing any equipment purchased with Federal highway safety funds that in dammg*d, stolen, or lost, or that wears out as a naau|t of misuse. The FDOT State Safety Offices retains the right to replace or repair any equipment for statewide programs based on exceptional individual circumstances. 35. Ineligibility for Future Funding. The Subrecipient and its implementing agency agree that the Department shall find the Sm&rouipientorits implementing agency ineligible for future funding for any ofthe following reasons: (e) Failure to provide the required audits, (b) Failure to continue funding positions created with highway safety funds after the Federal funding cycle ends, (o) Failure to provide required performance and final narrative reports in the required time frame, (d) Failure to pedbmo work described in Pad U ofthe oubgrmm1 agreement, (e) Providing fraudulent performance reports orreimbursement requests, (f) Misuse ofequipment purchased with Federal highway safety funds. 36. Safety Beit Policy. Each 8ubmacipian1 and implementing agency shall have o written safety belt policy, which is enforced for all employees, Acopy o/the policy shall bamaintained bythe 5ubreuipiemt and/or implementing agency and made available for review ifrequested. 37. Occupant Protection. All law enforcement agencies receiving ambgrentfunds for occupant protection education or enforcement shall have e standard operating procedure regarding enforcement of safety belt and child safety seat violations. A copy of the procedure shall be maintained by the Subreoipiontand/or implementing agency and made available for review if requested. 17 Page 124 of 1037 50oeo5-^, SAFETY 04117 38. Equipment. Any equipment purchased under this subgr rt with highway safety funds shall not replace previously purchased equipment that is damaged, stolen, lost, or that wears out as a result of m|suae, whether the equipment was purchased with federal, state, mrlocal funds, 39. Vehicles. Any agency receiving aubgrantfundn No purchase a vehicle (excluding law enforcement vehicles) ohe]| maintain a travel log that contains the beginning and ending mi|eage, looahom, and purpose of travel. All agencies must report any vehicle use (excluding law enforcement vehicles) and maintenance with each request for reimbursement using the Safety Grant Vehicle Use Fnon (FZ)DT Form No. 500'065-21) and the Safety Grant Equipment Maintenance Fwnn (FD[)TForm No. 500'065-22). Vehicles purchased with federal highway safety funds shall be used for program use only and in accordance with Chapter 6813-1.004 Florida Statutes. Subredprento who are responsible for the operation and use vehicles for official state business are allowed to permit persons other than state officials or employees to travel in the vehicle provided these persons are oomdmc1imy official ntuVa business or only on special occasions if the purpose of the travel can be more usefully served by including such persons and no additional expense is involved. It is permissible to transport persons other than state officials and employees during disasters and emergency situations where the state must protect life and property. Providing assistance to motorists whose vehicles are disabled may be considered aeonemergency when there iemneed toprotect life and property. Any vehicles used for personal reasons ornot being used bythe Subnenipientorits implementing agency for the purposes described inthe sub0rontshall basubject torepossession bythe FDOTState Safety Office. 40. Child Safety Seats. Any implementing agency that receives funds to punoheom child safety seats must have at least one staff member who ieecurrent Certified Child Passenger Safety Technician. Failure hocomply with this provision shall result inthe termination ofthis agreement. 41. Buy America Ant. The Subveoipient and its implementing agency agree, to comply and require consultants and contractors to comply with all applicable ntmndandu, ordera, and regulations issued pursuant hzthe Buy America Act (23 US.C� 313 at e*q) herein incorporated by reference. The SubneoipientmhaU include the following Buy America provisions inall subcontract awards� The Buy America Act prohibits the use of Federal highway safety grant funds to purchase any manufactured product or software/information technology systems whose unit purchase phoo is $5.000 or more, including e motor vehicle, that is not produced in the United States. NHTQA may waive those requirements if (1) their application would be inconsistent with the public interest-, (2) such materials and products are not produced in the United States in sufficient and reasonably available quantities and of satisfactory quality; or (3) the inclusion of domestic material will increase the oom1 of the overall project contract bymore than 25percent, Each manufactured end product must comply with the provisions of the Buy America Act. Additiona||y, any manufactured add-on to on end product is, itse|f, on end product that must comply with the Act. To be reimbursed with Federal highway safety grant funds for a purchase, a State must comply with the requirements of the Buy America Act. Non-compliance will result in denial of reimbursement. 42. E4/erify. Subrecpkants� (a) shall utilize the U.S, Department ofHomeland Security's E-Verifyuymx*m to verify the employment eligibility ufall new employees hired by the Vendor/Contractor during the term of the contract; and (b) shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the ampioyment eligibility of all new employees hired bythe subcontractor during the contract term. 43. Program Income. Program income means gross income earned by Subn*uipient that in directly generated by supported activity or earned as a result of the subgrant award during the subgrant period of performance. Program 18 Page 125 of 1037 500-065-01 SAFETY ©4.117 income must be deducted from total allowable costs to determine the net allowable costs. Program income must be used for current costs and any remaining program income must be offset against the final request for reimbursement. Program income that the Subrecipient did not anticipate at the time of the subgrant award must be used to reduce the Federal award and Subrecipient contributions rather than to increase the funds committed to the project. 44. Indirect Costs. If a Subrecipient has a federally negotiated indirect cost rate, it may be applied to the subgrant. If a Subrecipient does not have a federally negotiated indirect cost rate, a rate up to the de minimis indirect cost rate of 10% of modified total direct costs may be applied, A Subrecipient may opt to request a lower or no indirect costs rate, even if it has a federally negotiated indirect cost rate. The FOOT State Safety Office will not coerce or negotiate with a Subrecipient to reduce its indirect costs rate for this subgrant, per federal regulation. Subgrants with indirect costs will be awarded based on cost benefit and available funding. 45. Impaired Driving Enforcement, Training and Reporting. Any law enforcement officer who takes enforcement action and receives compensation under an impaired driving subgrant must have successfully completed at least one of the following within the last five years: (a), NHTSA/IACP 24 hour DWI Detection and Standardized Field Sobriety Testing (SFST) course (b) NHTSA/IACP 4 hour DWI Detection and Standardized Field Sobriety Testing (SFST) refresher course (c) NHTSA/iACP DVVJ Detection and Standardized Field Sobriety Testing (SFST) Instructor Development course (d) NHTSA/IACP 8 hour DVVI Detection and Standardized Field Sobriety Testing (SFST) Instructor Update course (e) NHTSA/IACP Advanced Roadside Impaired Driving Enforcement (ABIDE) course (f) Be an active certified Drug Recognition Expert (ORE) The FDOT State Safety Office reserves the right to request a copy of any subgrant funded checkpoint After Action Report. All law enforcement agencies that receive impaired driving subgrant funding should participate in all NHTSA impaired driving moblizations for the following holidays and events: New Year's Day, NFL Super Bowl, St. Patrick's Day, Cinco de Mayo, Independence Day, Labor Day, and Halloween. All law enforcement agencies shall conduct High Visibility Enforcement of impaired drivers while conducting enforcement under the subgrant, High Visibility Enforcement is: Intense: Enforcement activities are over and above what normally takes place, Frequent: Enforcement occurs often enough to create general deterrence, Visible: A majority of the public sees or hears about the enforcement. Strategic: Enforcement targets high-risk locations during high-risk times. A strong emphasis of enforcement operations should be during the hours of 6:00pm to 6:00am. Agencies should ensure that enforcement saturation/wolfpack/roving patrols are conducted in periods of no fewer than 3 consecutive hours. Use of subgrant funding will not be utilized or reimbursed for continuing priorly initiated investigations, court or Administrative Hearings, and enforcement from aircraft. 46. Nondiscrimination. Subrecipients will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"), These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21 (b) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects) Z Page 126 of 1037 o00 -0o5-0, SAFETY 04117 (c) Federal -Aid Highway Act of 1973, (23 U�S.C. 324 et seq.), and Title IXufthe Education Amendments of1972.ua amended (200.S.C.1881-1683and 1O85-1888)(prohibit discrimination onthe basis ofsex) (d) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C� 794 et seq.), as amended, (prohibits discrimination on the basis ofdisability) and 4QCFR part 27 (m) The Age Discrimination Act of 1975. as amended, (42 U.S.C. 6101 *taeq,). (prohibits discrimination on the basis of age) (f) The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title V|ofthe Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, Subrecipient's and contractors, whether such programs or activities are Federally - funded or not) (g) Titles III and III cf the Americans with Disabilities Act (42U.G.C.12131-12189)(prohibits discrimination oothe basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49CFR parts 37and 38; (h) Executive Order l2808'Federal Actions ToAddress Environmental Justice inMinority Populations and Low - Income Popu|m\iums(praventmdiaohminationegoimmtminuh<ypopu|mtionnbydiaooumag|ngprogrems.po|ides.and activities with disproportionately high and adverse human health or environmental effects on minority and low- incomepopu|ationa);and (i) Euecmduo Order 13168. Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (7OFR74OO7-7410O). During the performance oYthis subQrant.the SubrenipUentagrees: (m)Tucomply with all Federal nondmriminationlawoandegulationo.aamaybeamonde from time 8utime (b) Not to participate directly or indirectly in the discrimination prohibited by any Federal non-discri m i nation law or regulation, asset forth in, appendix Baf4QCFR part 2|and herein (u) To permit access to its books, records, accounts, other sources of information, and its facilities as required by the FBOTState Safety Office, U5 DOT orNHTSA (d) That, in event Subnedpienthsi|s to comply with any nondiscrimination provisions in this mub&rant. the FOOT State Safety Office will have the right to impose such subgrant sanctions as it or NHTSA determine are appnophehe, including but not limited to withholding payments to the SubneoiPient under the contract/agreement unti|theSobrecipiantoummp|iam:amd/oroanoo|Ung.hyrminating.orauapendinQuoontmotorfundingagneement.in whole orimpart (e) To insert this clause, including paragraphs a through e, in every subcontract and sub -agreement and in every solicitation for a subcontract or sub -agreement, which receives Federal funds under this program Political Activity. The Subreoip|entwill comply with provisions ofthe Hatch Act (5W.8.C. 1$U1-15U8).vxhich |inolbs the political activities of employees whose principal employment aotiw|doe are funded in vvho|p or in part with Federal funds. 20 Page 127 of 1037 500-065-01 SAFETY 64i 7 Certification Regarding Federal Lobibying. The Subrecipient certifies, to the best of his or her knowledge and belief, that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (c) The Subrecipient shall require that the language of this certification be included in the award documents for all sub -award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S, Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 47. Restriction on State Lobbying. None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. 48. Registration for attendance: No activities funded under this subgrant shall charge a registration fee for attendance. 49. Special Conditions, 21 Page 128 of 1037 50M65-01 SAFETY 04n7 Part Vl: Federal Financial Assistance (Single Audit Federal resources awarded pursuant to this subgrant are as follows: CFDA Number and Title: 0 20-600 — State and Community Highway Traffic Safety Program (NHTSA 402 Funds) El 20.611 — Incentive Grant Pro gram to. -Prohibit Racial Profilin NHTSA 1906 Funds El 20.614 — Nation.al.Highway Traffic Safety Administration, Discretionary Safely Grants (NTHSA 403 funds) N 20-616 — National Priority Safety Program (NHTSA 405 Funds) *Federal Funds Awarded: $j2Q000,00 Awarding Agency:, Florida Department of Transportation Indirect Cost Rate. 0% "Award is for R&D: No *The federal award amount may change with supplemental agreements **Research and Development as defined at §200,87, 2 CFR Part 200 Federal resources awarded pursuant to this subgrant are subject to the following audit recLuirements: (a) 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards wWV,/,e'cfr,gU �V (b) OMB Circular A-1 33, Audits of States, Local Governments and Non -Profit Organizations wwvv.whitehous( c,)Llcrrjbigrculars Federal resources awarded pursuant to this subgrant may also be subject to the following: (a) OMB Circular A-87, Cost Principles for State, Local and Indian Tribal Governments w,ww. w hj LeL circulars (b) OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments wvvvwl itehouse. aovion,� b,,'drcula rs (c) Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporting System (FSRS) vy WVVJSrS. ()v M Page 129 of 1037 500-065-01 SAFETY 04J17 Project Title., Boynton Beach Occupant Protection and Child Passen er Safet Pro ram Project Number M2HVE-1 8-20-02 FDOT Contract Number. GOQ44 IN WITNESS WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part V of this Agreement that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on the day, month, and year set out below. (For FDOT Use Only) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Authorized FDOT State Safety Office Representative Date: Date Signed Reviewed for the Florida Department of Transportation: By: Authorized FDOT Attorney Date: Date Signed S,UBRECIPIENT Im City of_Bqy!nton Beach Subrecipient Agency Name Signature of Authorized Representative Name: Lori LaVerriere Authorized Representative's Name Printed Title: City Manager Authorized Representative's Title Printed Date: Date Signed IMPLEMENTING AGENCY -2 Signature of Authorized Representative Name: Jeffrey S. Katz Authorized Representative's Name Printed Title: Chief of Police Authorized Representative's Title Prin Date: Date Signed NOTE: These signatures are the only recognized authorized representatives for this agreement, unless delegation is ranted in writing.. 23 Page 130 of 1037 Project Title: Project Number FDOT Contract Number: Boynton Beach Occupant Protection and Child Passenger Safety Program M2HVE-1 8-20-02 � �10 � 500-065-01 SAFETY 04W IN WITNESS WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part V of this Agreement that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on the day, month, and year set out below. (For FDOT Use Only) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Authorized FDOT State Safety Office Representative Date: Date Signed Reviewed for the Florida Department of Transportation: By: Authorized FDOT Attorney Date: Date Signed SUBRECIPIENT By: of Boynton Beach Subrecipient Agency Name Signature of Authorized Representative Name: Lori LaVerriere Authorized Representative's Name Printed Title: City Manager Authorized Representative's Title Printed Date: Date Signed IMPLEMENTING AGENCY By: Signature of Authorized Representative Name: Jeffrey S. Katz Authorized Representative's Name Printed Title: Chief of Police Authorized Representative's Title Printed Date Signed FR`OTE� These �signatures are �the only recognized authorized representatives for this agreement, unless delegation is granted in writing. W Page 131 of 1037 Project Title: Boynton Beach!lNer Safety Program _gccupant Protection and Child Passe Project Number: FDOT Contract Number: KA9H\/F-1A_qo_nq nn044 500-065-01 SAFETY 04/17 IN WITNESS WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part V of this Agreement that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on the day, month, and year set out below. SUBRECIPIENT Cit of Boynton Beach Subrecipient Agency Name (For FD 0 T Use Only) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Signature of Authorized Representative Name: Lori LaVerriere Authorized Representative's Name Printed By: Authorized FDOT State Safety Office Representative Title: City Manager Authorized Representative's Title Printed Date: Date: Date Signed Date Signed Reviewed for the Florida Department of Transportation: IMPLEMENTING AGENCY By: By: Signature of Authorized Representative Authorized FDOTAttomey Name: Jeffrey S. Katz Authorized Representative's Name Printed Date: Date Signed Title: Chief of Police Authorized Representative's Title Printed Date: Date Signed NOTE: These signatures are the only recognized authorized representatives for this agreement, unless delegation is granted �in writing. �!t� 23 Page 132 of 1037 6.E. CONSENTAGENDA 10/17/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-097 -Authorize the City Manager to sign a proposal/contract with M&M Asphalt Maintenance Inc., d/b/a All County Paving of Delray Beach, FL, in the amount of $89,285, plus a 10% construction contingency in the amount of $9,000 for a total cost of $98,285.00 for the purpose of rehabilitating Commerce Road utilizing the City of West Palm Beach's Paving Contract #16393 pricing, terms and conditions. The City of West Palm Beach's competitive bid process satisfies the City of Boynton Beach's competitive bid requirements. EXPLANATION OF REQUEST: Over the past few years, City staff and elected officials have received a growing number of complaints from the commercial businesses, and the residents that frequent those businesses, regarding the condition of Commerce Road. Commerce Road was installed in the mid 1980's as a part of the Ceder Ridge and High Ridge Commerce Park. Since its construction, Commerce Road has been relatively maintenance free. However, within the last few years, the Public Works Department has made several pothole repairs. The road's deficiencies consist of cracks, potholes, areas of subsidence/dips and edge failures. Additionally the turning radii from High Ridge Rd. on to Commerce Rd. are not sufficient for the tractor trailer trucks using the road. The corrective repairs includes increasing the turning radii, adding cross walk striping, asphalt replacement, asphalt leveling courses, an overlay and the installation of a rock shoulder on portions of the road. The proposed contract with M&M Asphalt Maintenance Inc. is piggy backed upon the City of West Palm Beach General Roadway and Miscellaneous Construction Contract #16393. The finance department has confirmed with the City of West Palm Beach and the contractor that we are able to piggyback this contract. The Finance Department also has the complete City of West Palm Beach Contract on file. The City of West Palm Beach's competitive bid process satisfies the City of Boynton Beach's competitive bid requirements. This project is being funded from the Local Government Surtax. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Budgeted This project will be funded by the sales surtax tax dollars. The proposed cost, plus contingency shall be funded from the Transportation/Roadway component of the City's FY 2016/17 Capital Improvement Plan. Funding shall include $98,285.00 from Street Maintenance/Improvements (Project Number: CP0266, and Account Number Fund-Location—Exp: 303-4904-541.63-08) ALTERNATIVES: Do not award and issue a formal bid for this project. Staff recommends awarding the purchase order. STRATEGIC PLAN: Page 133 of 1037 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 Resolution appro\4ng City Manager to sign proposal with M&M Asphalt for Commerce Road All County Commerce Bid City of WPB award notification Copy of Piggy Back Contract Page 134 of 1037 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO. R17 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN THE PROPOSAL FROM M&M ASPHALT MAINTENANCE, INC., D/B/A ALL COUNTY PAVING OF DELRAY BEACH, FL FOR THE PURPOSE OF REHABILITATING COMMERCE ROAD UTILIZING THE CITY OF WEST PALM BEACH'S PAVING CONTRACT #16393 PRICING, TERMS AND CONDITIONS IN THE AMOUNT OF $89,285, PLUS A 10% CONTINGENCY IN THE AMOUNT OF $9,000 FOR A TOTAL COST OF $98,285; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, over the past several years, City staff and elected officials have received a growing number of complaints from the commercial businesses and the residents that frequent those businesses regarding the pavement condition of Commerce Road; and WHEREAS, the proposal from M&M Asphalt Maintenance, Inc., is a piggy -back of the City of West Palm Beach General and Miscellaneous Construction Contract #16393 and it has been confirmed with the City of West Palm Beach and the contractor that we are able to piggy -back their contract; and WHEREAS, upon recommendation of staff, the City Commission of the City of Boynton Beach does hereby approve the piggy -backing of the City of West Palm Beach Contract #16393 pricing, terms and conditions with M&M Asphalt Maintenance, Inc., d/b/a All County Paving of Delray Beach, FL in the amount of $89,285, plus a 10% contingency in the amount of $9,000 for a total cost of $98,285 for the purpose of rehabilitating Commerce Road. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\E378A55E-B084-468C-8734-9A7ACCEE65AE\Boynton Beach.7221.1.M_M_Asphalt_Resurfacing_Commerce_Road_proposal_ =Reso.doc Page 135 of 1037 33 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 34 as being true and correct and are hereby made a specific part of this Resolution upon 35 adoption hereof. 36 Section 2. The City Commission of the City of Boynton Beach, Florida, 37 hereby approves the piggy -backing of the City of West Palm Beach Contract #16393 38 pricing, terms and conditions with M&M Asphalt Maintenance, Inc., d/b/a All County 39 Paving of Delray Beach, FL in the amount of $89,285, plus a 10% contingency in the 40 amount of $9,000 for a total cost of $98,285 for the purpose of rehabilitating Commerce 41 Road. 42 Section 3. That the City Manager is hereby authorized to sign the proposal 43 with M&M Asphalt Maintenance, Inc., d/b/a All County Paving of Delray Beach, FL, a 44 copy of which is attached hereto. 45 Section 4. That this Resolution shall become effective immediately. 46 PASSED AND ADOPTED this day of , 2017. 47 CITY OF BOYNTON BEACH, FLORIDA 48 YES NO 49 50 Mayor — Steven B. Grant 51 52 Vice Mayor — Justin Katz 53 54 Commissioner — Mack McCray 55 56 Commissioner — Christina L. Romelus 57 58 Commissioner — Joe Casello 59 60 ATTEST: VOTE 61 62 63 Judith A. Pyle, CMC 64 City Clerk 65 CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\E378A55E-B084-468C-8734-9A7ACCEE65AE\Boynton Beach.7221.1.M_M_Asphalt_Resurfacing_Commerce_Road_proposal_ =Reso.doc Page 136 of 1037 66 (Corporate Seal) CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\E378A55E-B084-468C-8734-9A7ACCEE65AE\Boynton Beach.7221.1.M_M_Asphalt_Resurfacing_Commerce_Road_proposal_ =Reso.doc Page 137 of 1037 Palm Beach County: U-21491 j``'.' ; Broward County: 13 -3A -17799-R Collier County: LCC20110001485 Martin County: MCP5910 General Contractor: CGC1509532 PROPOSAL/CONTRACT October 3, 2017 Customer Name/Address: Attn: Gary Dunmyer City of Boynton Beach 100 E Boynton Beach Blvd Boynton Beach, FL 33425 T. 561.742-6231 E. DunmyerG@bbfl.us As per the City of West Palm Beach Annual Contract: Property Location: City of Boynton Beach Commerce Road *REVISION 2* Contractor's Proposal for City Road Repairs Item No. Item Description Unit Quantity Unit Cost Cost 1 Mobilization LS 1 $ 1,566.77 $1,566.77 2 Maintenance of Traffic LS 1 $ 1,500.00 $1,500.00 4 Insurance LS 1 $ 10.00 $10.00 11 Excavation, Removal & Disposal of excess material CY 225 $ 25.00 $5,625.00 14 Asphalt & Base Removal, up to 24" SY 1265 $ 11.85 $14,990.25 16 FDOT Optional Base Group 4 Ton 260 $ 40.00 $10,400.00 19 Type SP -9.5 Asphaltic Concrete Ton 330 $ 110.00 $36,300.00 49 Concrete Removal up to 6" thick SY 74 $ 10.15 $751.10 50 4" Concrete Sidewalk SY 70 $ 34.50 $2,415.00 51 6" Concrete Pathway/ Driveway SY 20 $ 42.50 $850.00 54 6" ADA Compliant Ramp with Armor -Tile Tactile System or an approved equivalent EA 2 $ 975.00 $1,950.00 55 Remove Concrete Curb All Type include asphalt restoration and sawcut LF 20 $ 4.50 $90.00 58 Concrete Header Curb (up to 12" X12") LF 70 $ 20.00 $1,400.00 65 6" Double Yellow Thermoplastic Striping LF 50 1 $ 1.76 $88.00 69 24" Solid White Thermoplastic Striping LF 24 $ 3.30 $79.20 74 6" White Temporary Striping Paint LF 96 $ 0.33 $31.68 Page 1 of 3 M&M Asphalt Maintenance Inc., d/b/a All County Paving Office 561-588-0949 1 Fax 561-588-214011180 SW 10th Street, Delray Beach, FL 33444 Office 407-610-8069 1 Fax 407-380-200114800 Patch Road, Orlando, FL 32822 info(a_allcountypavina.com Members of ICSC, CAI, SEFAA, IREM, CREW, AAGO, BBB, FTBA, FHEA, UCA, ABC, NAIOP, BOMAA, FHBA, APWA, PRISM, NEYRA OFDOT CERTIFIED CONTRACTORSO Note: All County cannot work around vehicles. Management is responsible for towing when owners fail to comply with paving and/or seal coat schedule. Proposal # 2017.10.03.01.SE Page 138 of 1037 Palm Beach County: U-21491 j``'.' ; Broward County: 13 -3A -17799-R Collier County: LCC20110001485 Martin County: MCP5910 General Contractor: CGC1509532 76 6" Yellow Temporary Striping Paint LF 100 $ 0.33 $33.00 93 Regrade Swales SY 830 $ 13.50 $11,205.00 Total $89,285.00 *Car stops break during handling. *Any broken car stops will be replaced at an additional cost of $35.00 Each. *New pavement is susceptible to scuffing and marks until it has properly cured. *As asphalt is a petroleum based product the prices are subject to change if oil prices increase dramatically. *Existing Cracks with vegetation growing should be prepared with a weed killer such as 'Round Up' for several treatments before we arrive on the job. *The asphalt surface that will be placed on this project will not have the finish and look of a sealcoat application. If sealcoat is desired at a later date, we will be happy to quote you separately. *Large cracks in the existing asphalt may reflect through the new asphalt in time. *There will be a tire 'tracking' -this cannot be avoided, but the tracking marks will disappear in time. *This proposal specifically excludes the acceptance of a "Pay when Paid Clause" payment clause. *All County shall be provided with suitable access to the work area. If All County's work is dependent upon or must be undertaken in conjunction with the work of others, such work shall be performed and completed so as to permit All County to perform its work hereunder in an uninterrupted single shift operation. Delays to All County shall be paid at a rate of $200.00 per half hour. *In the event that any work is done under this agreement as amended, or any side agreement, by All County which work is on public property, the (Client/Owner) agrees and understands that the project property which it owns shall be charged with all indebtedness hereunder. *Any punch list items must be submitted in writing. No repairs will be made until 90% of the invoice amount has been paid. *This contractor cannot guarantee elimination of standing water. *Job site will be barricaded during work. The contractor will not be responsible for persons breaking through barricades, tracking of materials or paint, damages to cars or persons trespassing in designated areas. * Permit, Procurement fees and any additional work required by the permit will be extra to the contract amount. *This contractor recommends a civil engineer be retained for ADA upgrades. As such this contractor makes no claim that ADA upgrades will meet any/all local, state and federal guidelines on ADA compliance. *Due to price fluctuations on material costs, this contractor reserves the right to withdraw the proposal at any time prior to the commencement of work. PROPOSE to furnish labor and material — complete in accordance with above specifications, and subject to conditions stated herein, for the sum of: $89,285.00 EIGHTY-NINE THOUSAND TWO HUNDRED EIGHTY-FIVE DOLLARS WITH PAYMENTS TO BE MADE AS FOLLOWS: Net due upon completion. Not responsible for any damage to underground utilities. A certificate of Insurance will be issued upon request prior to commencement of work. All County reserves the right to revisit the site if time has elapsed from the original proposal to acceptance. All County guarantees the sealer against peeling or flaking off of stable asphalt for a period of (1) year, excluding normal wear & tear. All County guarantees all workmanship and materials for up to (1) year, excluding normal wear & tear. Warranty starts at conclusion of work and is not valid until payment has been made in full. Any additional mobilizations for Sealcoating will be billed at a rate of $1,295.00 each. Any additional mobilizations for Paving will be billed at a rate of $2,450.00 each. All material is guaranteed to be as specified. Reflective Pavement Markers are excluded from the warranty. Any additional reflective pavement markers that are required by the city code will be an additional charge of $10.00 each to the contract amount. All work is to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Due to the fluctuations in the petroleum markets, All County reserves the right to impose a fuel surcharge. Owner to carry fire tornado and other necessary insurance upon above work. Our workers are covered by Workmen's Compensation Insurance. "In the event of any litigation or other proceeding arising out of this agreement, the prevailing party shall be entitled to collect its attorneys' fees and all costs of litigation from the other party, including appellate attorneys' fees. This proposal/contract including all terms and conditions shall become a legally binding attachment to any contract entered into between All County Paving and the financially responsible company for which the work will be performed. ACCEPTED: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Page 2 of 3 M&M Asphalt Maintenance Inc., d/b/a All County Paving Office 561-588-0949 1 Fax 561-588-214011180 SW 10th Street, Delray Beach, FL 33444 Office 407-610-8069 1 Fax 407-380-200114800 Patch Road, Orlando, FL 32822 info(a_allcountypaving.com Members of ICSC, CAI, SEFAA, IREM, CREW, AAGO, BBB, FTBA, FHEA, UCA, ABC, NAIOP, BOMAA, FHBA, APWA, PRISM, NEYRA OFDOT CERTIFIED CONTRACTORSO Note: All County cannot work around vehicles. Management is responsible for towing when owners fail to comply with paving and/or seal coat schedule. Proposal # 2017.10.03.01.SE Page 139 of 1037 Palm Beach County: U-21491 j``'.' ; Broward County: 13 -3A -17799-R Collier County: LCC20110001485 Martin County: MCP5910 General Contractor: CGC1509532 ACCEPTANCE OF PROPOSAL: Signature of Approval by Client Printed Name and Title and Date Jeffery Cohen Project Manager Page 3 of 3 M&M Asphalt Maintenance Inc., d/b/a All County Paving Office 561-588-0949 1 Fax 561-588-214011180 SW 10th Street, Delray Beach, FL 33444 Office 407-610-8069 1 Fax 407-380-200114800 Patch Road, Orlando, FL 32822 info(a_allcountypavina.com Members of ICSC, CAI, SEFAA, IREM, CREW, AAGO, BBB, FTBA, FHEA, UCA, ABC, NAIOP, BOMAA, FHBA, APWA, PRISM, NEYRA OFDOT CERTIFIED CONTRACTORSO Note: All County cannot work around vehicles. Management is responsible for towing when owners fail to comply with paving and/or seal coat schedule. Proposal # 2017.10.03.01.SE Page 140 of 1037 WEST PALM BEACH LJ L)c paitmen! Date: August 4, 2015 To: Uyen Dang Senior Project Engineer Engineering and Public Works From. Frank Hayden Procurement Official Subject: ITB 14-15-134 Award Recommendation General Roadway and Miscellaneous Construction The following vendors responded to the above mentioned ITS: • Asphalt Paving — Not responsive due to lack of required , licenses or certifications • Community Asphalt • DP Development • Foster Marine • M&M Asphalt Maintenance D/B/A All County Paving • West Construction • Wynn & Sons Please review the submitted. quotes and advise us of your award recommendation. I recommend award to: Asphalt and: QP Development Reason: Recommendaward two abovereferenced, contractors because unit prices for the two: firms -are fair, balanced and is best value to tfi6,City. 401 CLEMATIS S -MM RO. BOX 3366 WEST PALIVI BEACK FL 334 561 i 822.2100 1 Page 141 of 1037 & 12 10 MEMO eaelw E ST PALM BEACH City Attorney Transmitted herewith for your signature are original documents which have been reviewed and approved for legal sufficiency. Kindly forward the documents, along with this memo, to the City Clerk's Office. To: Office of the City Clerk The Mayor is authorized to execute the document in accordance with: Y Procurement Code. Commission Approval, Resolution No, City Charter Please take the actions indicated below with respect to these documents: • Attest to, the execution of the Agreement by the Mayor. • Insert the date of execution beneath the Mayor's signature (if not already dated). Estimated Record Retention Review: (5 years from estimated completion and final payment; service and general contracts) X December 2030 (10 years from estimated completion and final payment for construction & CCNA contracts). Please retain one original as a public record and forward the other original to: Lem Page 142 of 1037 City! of West ftb�\ B�each \0 � . . � E N ® � L ROADWAY % \.D MISCELLANEOUS CONSTRUCTION CITY'OF WESTPALM _».«_ PUBLICWORKS DEPARTMENT A DANG, w SENIOR PROJECT EN�GINEER 401 \_\«3IS STREET, 4 AFL+«f WEST .¢ BEACH, 33:01 561.494-10.0 Page 143 0 1037 092415 City of West Par m (Beacfi CONSTRUCTION CONTRACT Work Orders Bid No. 1415-134 Project: General Roadway and Miscellaneous Construction Contract No. 16393 THIS CONTRACT is made and entered into by and between the CITY OF WEST PALM BEACH, a municipal corporation of the State of Florida whose address is 401 Clematis Street, West Palm Beach, Florida 33401 (the "Owner') and M&M ASPHALT MAINTENANCE, INC., d/b/a ALL COUNTY PAVING, a corporation of the State of Florida, whose principal address is 1180 SW 10TH Street, Delray Beach, Florida 33444 ("Contractor). WHEREAS, the Owner caused to be prepared specification, drawings and other contract documents for certain work and issued an Invitation to Bid for the above-described project, which is incorporated into this Contract by this reference; and WHEREAS, the Contractor submitted its Bid in response; and WHEREAS, the Owner determined that the Contractor's Bid represents the best value to Owner and wishes to contract with Contractor under the terms and conditions contained in the Invitation to Bid; NOW THEREFORE, in consideration of the promises and mutual covenants and obligations herein contained, and subject to the terms and conditions herein stated, the Owner and Contractor understand and agree as follows: 1.1 If issued a Work Order, the Contractor shall furnish all necessary labor, materials, equipment and supplies, and shall execute and complete, to the satisfaction of Owner and in accordance with the terms and conditions of this Contract all work described and shown in the applicable Work Order for small roadway and miscellaneous construction projects, in accordance with the technical specifications and drawings specified for such Work Order. 1.2 Owner will issue Work Orders on an as -needed basis. Each Work Order will be on Owner's form and detail the specific project scope of work, project schedule for completion and compensation. All terms and conditions of this Contract, the General Conditions and the Contract Documents will be applicable to each Work Order. 1.3 No work is authorized until a work order is fully executed by the Owner. Any amendment to a work order is not effective and not authorized until such amendment is fully executed by the Owner. 1.4 A comprehensive project shall not be broken into small related segments/projects in order to fall within the limitations of this Contract. Contractor shall not execute any such Work Order. 1.5 Work Orders shall be completed within the time indicated for each Work Order. Time is of the essence of each Work Order. Contractor shall proceed with the work and shall conform to the schedule for each Work Order. Work shall commence on the date indicated in the Notice to Proceed issued by Owner and be substantially complete and then fully complete in accordance with the Work Page 144 of 1037 092415 Order schedule and the General Conditions, with such extensions of time as are provided in the General Conditions. 1,6 No Work Order may be issued for work to be completed after the expiration of this Contract. The form of Owner's Work Order is attached to this Contract. 1.7 No work order(s) or minimum amount of work or compensation is guaranteed under this Contract. 2. PRICES, Contractor shall perform the work for the prices set forth on Contractor's Bid. If specific circumstances require additional work of materials not listed in Exhibit B, the parties shall negotiate a price which shall be detailed in the Work Order. 1 PAYMENT AND INVOICES. Payment for Work Orders shall be made in accordance with the General Conditions of this Contract. Contractor acknowledges that if a construction bond is required, payments under Work Order(s) shall not be made until consent of surety is received by Owner. Contractor shall submit individual invoices for each Work Order. Along with each invoice, Contractor will provide a copy of the Work Order, the appropriate completed Small Business participation form and any updated insurance documents (when applicable). 4.1 Term of Contract. Subject to the termination rights of the Owner, this Contract shall have a term of three (3) years, commencing as of the date of execution by the Owner. The Owner shall execute this Contract last, 4.2 Renewal. At the sole option of the Owner, this Contract may be renewed for up to two additional twelve (12) month periods. Contract renewal will only be effective upon a written contract amendment executed by both parties. Renewal terms and conditions for this Contract shall be unchanged. 5. LIQUIDATED DAMAGES. The actual damages Owner and the public may suffer as a result of the failure to complete work under a Work Order within the scheduled time are not ascertainable at the time of this Contract. If said work under any Work Order is not substantially and then fully completed within the time established by the Work Order and the General Conditions, as may be adjusted, the Contractor shall be liable and hereby agrees to pay to the Owner as liquidated damages, and not as a penalty, a sum per calendar day for each and every day or part of a day thereafter that said work remains incomplete. Unless a Work Order specified otherwise, Contractor shall pay to Owner the sum of Two Hundred Dollars ($200) per calendar day as liquidated damages. 6. CONSTRUCTION BOND(S). If the estimated amount of any Work Order is $200,000 or more, then prior to the commencement of the work under such Work Order, Contractor shall record a public construction bond, in an amount not less than the total cost of such Work Order, on Owner approved forms, with the Clerk of the Court in the Public Records of Palm Beach County and provide a certified copy of the recorded bond(s) prior to commencing work and submittal of first invoice, in accordance with the General Conditions. The City shall be an obligee under such bond(s). The bond shall incorporate by reference the terms of the Contract Documents in their entirety. 7, SPECIAL TERMS. Page 145 of 1037 092415 8.1 Compliance, Article IX of Chapter 66 of the City of West Palm Beach Code of Ordinances relating to the Small Business Program is incorporated in this Contract by this reference. The Contractor agrees to comply in all respects with its commitment to use the certified small businesses identified in Contractor's Bid in the manner and proportions set forth in the Bid. In the event that it is impossible or impracticable to engage or procure materials from one or more of the identified certified small businesses, the Contractor shall so notify the City's Small Business Division promptly in writing and shall thereafter ensure that that firm or firms are duly replaced by other certified small businesses unless written approval to the contrary is granted by the City. 8.2 Records, The Contractor agrees to maintain in an orderly fashion all relevant records and information that document its compliance with the Small Business Program and the utilization of and payment to certified small businesses under this Contract; and shall make said records available to the City for inspection during reasonable business hours. Copies of all contracts between the Contractor and firms engaged by it in connection herewith shall be submitted to the City upon the City's request. 9. CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions. Execution of this Contract by the Contractor is a representation that the Contractor has visited the site, reviewed any design criteria furnished by Owner, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. Contractor deems both his inspection of the site and review of information furnished by Owner to be an adequate investigation. Contractor represents that the plans and specifications are consistent, practical, feasible and constructible within the scheduled construction time. Contractor affirmatively covenants that Contractor has observed no defects or discrepancies in the plans, specifications or site and that if during construction any discrepancies, defects, etc., are discovered by or made known to Contractor, Contractor shall immediately communicate same to the Owner. 10. ETHICS. Contractor acknowledges, agrees and commits that it shall comply with all applicable state and city rules and regulations. 11. CONTRACT DOCUMENTS. Contractor agrees, to complete all work in accordance with the Contract Documents. The term "Contract" and or "Contract Documents" shall include all the terms and conditions and Project requirements contained in this Contract and the following documents, all of which taken together are incorporated herein and form the Contract Documents. For convenience sake, some of the documents may not be attached to this Contract, but the listed documents make up the Contract Documents, whether or not they are attached. a. Each Work Order and all associated Documents b. Special Terms C. Contractor's Bid d. Schedule of Bid items e. Substitution Sheet f. Schedule of Subcontractors 9. Contractor License Verification Form h. Affidavit of Prime Bidder Page 146 of 1037 092415 i. Drug Free Certification j. Trench Safety Compliance Form, k. Small Business — Subcontractors Listing 1. Small Business — Statement of Small Business Participation M. Small Business — Letter of Intent n. Contractor's Material Suppliers 0. Public Construction Bond and Related Power of Attorney and Surety Certificate p- Insurance Certificates q. General Conditions r. Technical Specifications and Drawings S. Invitation to Bid This Contract shall be executed in two (2) original sets by Owner and Contractor. The Contract Documents are complementary, and wherever possible the provisions of the documents shall be construed in such manner as to avoid conflicts between provisions of the various documents. IN WITNESS WHEREOF, the parties execute this Contract through their duly authorized representatives. By: City derk CITY ATTORNEY'S OFFICE Approved s form and legality By:(�� By: X� ©rate Secretary Print Name: a9 M&M ASP"ALT MAINTENANCE, INC d/b/a ALL•%� PAVING % Print Name: kmA Title, AeIV I Page 147 of 1037 XU=V! *^B �* mms ATITIMMMUSM Contractor: M&M Asphalt Maintenance, Inc., d/b/a All County Paving Project / Work Title: 1. Work: A detailed scope of work to be performed under this Work Order is attached as Exhibit A. (check if applicable) Technical specifications and drawings for the Project prepared by dated , project number (the "Contract Drawings") describe the work and are Contract Documents for this Work Order. 2. Schedule: Time is of the essence of this Work Order. The Contractor shall commence Work under this Work Order on the date indicated in the Notice to Proceed and fully complete said Work in accordance with Exhibit Substantial Completion shall be: days from Notice to Proceed. 3. Work Order Price. The total amount to be paid to the Contractor by the Owner under this Work Order shall not exceed the sum of subject only to adjustment as provided in the General Conditions. Payments shall be made in accordance with the General Conditions. Contractor acknowledges that if a construction bond is required, final payment under this Work Order shall not be made until consent of surety is received by Owner. Contractor shall submit individual invoices for each Work Order. Along with each invoice, Contractor will provide a copy of the Work Order, the appropriate completed Small Business participation form and any updated insurance documents, 0 (check if applicable) A detailed schedule of values is attached as Exhibit 11 (check if applicable) Contingency, Owner and Contractor agree the project budget shall include an Owner's contingency, which shall be utilized in accordance with the General Conditions, sum in the amount of $ 4. Liquidated, Damages. In accordance with the Contract Documents, Contractor shall be liable and hereby agrees to pay to the Owner as liquidated damages for each and every calendar day or part of a day that the work remains incomplete, the sum of ($_.00) per calendar day. Page 148 of 1037 5. Construction Bond. Unless indicated below, Contractor will record the required public construction bond, on Owner forms, with the Clerk of the Court in the Public Records of Palm Beach County and provide a certified copy of the recorded bond prior to commencing work under this Work Order and submittal of first invoice. [I (check if applicable) Construction bond not required and Work Order Price is less than $200,000, 6, Special Terms. 7. Warranty. Contractor agrees to correct all Work found by Owner to be defective or not in conformance with the Contract Documents for a period of one year from the final certificate of occupancy for the project (or if no certificate of occupancy to be issued, within one year of substantial completion) or for such longer periods of time as may be set forth with respect to specific warranties contained in the specifications. 8. Small Business: The small business commitment for this Work Order is %. Contractor agrees to maintain in an orderly fashion all relevant records and information that evidence compliance with the Small Business program, including the utilization of, and payment to, certified small businesses under this Contract. 9. Insurance: Contractor hereby confirms that it maintains the insurance coverages required under the Contract and that certificates of insurance evidencing current policies are on file with the Owner as of the date of this Work Order. 10. Contract Reference: This Work Order shall be performed under the terms and conditions described within the master contract titled Master Contract for General Roadway and Miscellaneous Construction, dated I by and between the Owner of West Palm Beach and the Contractor named above ("Contract"). 11. Contract Documents. Contractor agrees to complete all work in accordance with the Contract Documents. The following documents are Contract Documents with respect to this Work Order, regardless of whether they are attached: ❑ Technical Specifications and Construction Drawings and specifications identified above. Scope of Work ❑ Contractor's Bid and Schedule of Values ❑ Construction Schedule Special Terms Grant Requirements Substitution Sheet Contractor's material Suppliers List Schedule of Subcontractors — including suppliers Trench Safety Compliance Form K Page 149 of 1037 El Small Business — Statement of Small Business Participation El The following Contract Documents may be found at www.,ci!ypfwpb.org/enginee[tng/. Owner's Approved Materials List Owner's Engineering Standard Details CONTRACTOR- CITY OF WEST PALM BEACH M&M ASPHALT MAINTENANCE, INC. d/b/a ALL COUNTY PAVING By: Geraldine MuoiiY, � ayor Print Name: Date: IVIZV20 City Clerk 9 Page 150 of 1037 ITB Rev. 4-08 aSECTION 2 — SPECIAL TERMS Pre -Bid Conference A pre-bid conference is scheduled to provide potential bidders the opportunity to ask questions and receive clarification concerning the project and to emphasize safety factors, hazards, or potential interference of other projects. If a pre-bid conference is scheduled, attendance is strongly encouraged. If a site inspection is scheduled it will be the only opportunity to inspect the site and attendance is recommended as no individual appointments will be made. Date: N/A Time: N/A Place: N/A Please bring your copy of the Invitation to Bid to the pre-bid conference. In accordance with the Americans with Disabilities Act, any person who believes he or she has a disability requiring the use of a special accommodation at either the scheduled site inspection, pre-bid conference or bid opening should contact the Procurement Division at 561-822-2100, at least five (5) days prior to the event to advise of his/her special requirements. 2. Time of Completion and Liquidated Damages. The work to be performed under this project shall commence on the date of Notice to Proceed. The work shall be substantially completed within 120 ONE HUNDRED TWENTY) calendar days after the date of such notice, and fully completed within 180 ({SNE HUNDRED EIGHTY) calendar days, with such extensions of time as are provided for in the General Terms and Conditions. If said work is not substantially completed within the specified times, the Contractor shall be liable and hereby agrees to pay to the Owner as liquidated damages, and not as a penalty, the sum of ONE THOUSAND TWO HUNDRED ($1,200) per calendar day for each and every day or part of a day thereafter that said work remains incomplete. 3. Permits and Fees. In accordance with the Public Bid Disclosure Act, the Contractor will be required to make payment to the City of West Palm Beach for following permits or licenses, impact, inspection or other fees for this Project under the Contract: (F.S. 218.80) (Permit) (Fee/Amount or calculation) Right -of -Way Permit See City website (www.cityofwpb,org) Parking Permit (Bagging of Meters) See City website (www.cityotpb.org) Refer to City Website (Apborg) for current permit fees. 4. Licenses. The Bidder will be required to have at the time of bid submittal, the following current license(s): . State of Florida General Contractor's License or Paving Contractors License The Bidder will also be required, at the time of contract execution, to have a business tax receipt or certificate of registration in accordance with the following: No person, contractor or subcontractor may conduct business within the City without a business tax receipt or certificate of registration. ITB 14-15-134 Page 151 6f 1037 ITB Rev. 4-08 • A contractor who holds a valid countywide contractor's license, in addition to a county business tax receipt shall register with the City. ® Any person engaging in any business, occupation or profession within the City without a permanent business location or branch office in the City, but holding a valid and currently effective business tax receipt issued by the county or another incorporated municipality, shall be issued a certificate of registration upon registering with the business tax official. 5. Small Business Participation. In accordance with the Small Business Ordinance, the goal for Small Business participation under the contract resulting from this Invitation to Bid is 15% of the total contract value. 6, Construction Bond. If required, please refer to General Condition 11. Required YeS Not Required 7. Insurance. Please refer to General Condition 13 for insurance requirements, unless a modification to such requirements is listed below: 8. Equal Benefits Ordinance. Section 66-9 of the City's Code of Ordinances provides that, with limited exceptions, when contracting for goods, services or construction in an amount of $50,000 or more, with persons or businesses with five or more employees that also provide benefits to employees' spouses and dependents, the city shall contract only with those persons or businesses that provide equal benefits, to employees' domestic partners. Each proposer shall submit an Equal Benefits certification with its proposal/bid The City intends to award to a Primary and Secondary Vendor(s). The award of the Primary and Secondary bidder will be determined in order of responsiveness, lowest price, and consideration of bidder's bid package with reference to conforming of bid, deviations (if any,) bidder's notes, materials proposed, along with bidder's qualifications, adequate organization, and personnel to ensure prompt and efficient performance of work to the City. If the Primary bidder is not able to supply the product/material in question, the City will contact the Secondary bidder accordingly. ITB 14-15-134 Page 152 6f 1037 WES7 PALM BEACH 1111111 11111151111 401 Clematis Street, 5th Floor West Palm Beach, FL 33401 Telephone: (561) 822-2100 Telefax. (561) 822-1564 Each recipient of this Addendum acknowledges all of the provisions set forth in the: Invitation to Bid (ITB) a agrees to be bound by the terms thereof. i INE1111i: 1111T!iiiiii 1, � * Questions and Answers * Revised schedule of bid items * Revised technical specifications 1 11111! 111IT1111114 11911 !!I:Illr. �,- �V Addendum 1 ITB 14-15-134 Addendum 1 ITB 14-15-134 Revised Schedule of Bid Iten! Question 1: Do contractors have to provide pricing on all items or can items be marked NIA if the the contractor is not providing a quote? Answer Pricing must be provided for all items. Question 2: How will the City determine the low bid as there is no total of bid items? Answer This is a line item bid and the City's award decisions are based on the response or responses determined to be the best value. Question 3: How will the award decision be made if not based on lowest bid? Answer Depending on the number of responses and bid prices multiple awards may be made. Awards will be based on the best value to the City as determined by review and analysis of the submitted prices for each line item. I I I I 1 121111 1 1 1 1 1 1 1 i ! I I ! I I I ! I ! I I I I � 1111 1 1 1 1 � r I Answer Addendum 1 14-15-134 Page 1 of 4 Page 153 of 1037 Question 5- Please clarify line item 88 — Root Removal/Pruning. Is this one tree • all possible trees? Answer The line item refers to all trees. 1111p�i ::gig 4.. 11 SEE!= Answer The line item is to adjust irrigation system in existing planter boxes or tree grates. Question 7: Has the City reduced the required paperwork for work orders and pay requests? How many forms are required for work orders and pay requests for this project? Answer For the typical work order the pay request includes the following items: 1, Work order form 2. Scope of work 3. Fee proposal 4. Statement of small business participation form 5. Letter of intent 6, Schedule of contractors 7. Drug free certificate 8, Contractor's materials suppliers 9� Certificate of insurance 10. Bond "*,,er ■ 10.6 in the GC and the subcontractor utilization report. 10.5 lnitla(,E�a pyrrient, Prior to submittal of its initial •. r• Contractor shall have submitted the following items to the Engineer/Architect and Owner� 1. Certified copies of the Performance and Payment bonds, or Public Construction bond, recorded in the public records. 2. List of subcontractors and suppliers 3, Project schedule 4. Schedule of values 5. All current certificates of insurance 6. Designation of Contractor's Project Manager Addendum 1 14-15-134 Page 2 of 4 Page 154 of 1037 !I INIIIIINIIIIIII I INI IN I ASPHALTIC CONCRETE EAVEMENT. (BY THJ!CKNE-$4 AND -1 S-' TYPE , 5 3 0 R-- MEB-26YE) Method ol'Measinemeril The quantity to be paid for under this Section shall be per square yard (SY) of asphalt surface course and shall include all labor, material, and equipment required to construct the base layer and the final surface course as shown on the plan view and detail drawings The unit prices shall include compensation for multiple mobilizations, labor, materials- and equipment required to construct the new asphalt concrete base and surface courses. The contract unit price shall also Include other miscellaneous work required to complete the work in accordance with Florida Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition and the City of West Beach specifications. This unit price shall also Include all necessary labor, materials, and equipment to adjust the valve boxes, manholes, rims, inlets, or other fixtures to final grade, transitions to existing pavement, milling existing asphalt at tie-ins, tack coating, compaction, foiling, brooming, s3wculling and any other work required to complete the work 01025 -39 - Basis of Payment. Payment shall be at the Contract Unit Price per square yard of pavement installed to the limits shown on the plans or as directed bythe Engineer in the field during construction Y. 10" L144EROCK BASE Method o(Measurement. The quantity to be paid for under this Section shall be per square yard (SY) for limerock base installed and accepted, The Contract Unit Price shall include compensation for all labor, materiNs, and equipment required to construct the new time rocR base, including prime coat in accordance with the plans and specificalons. The contract unit price shall also include other miscellaneous work required to correct all detective surfaces and deficient thicknesses and to cornpiele the work in accordance with Florida Department of Transportation Standard Specifications for Road and Bridge Construction, latest eMon and the City of West Beach specifications The Contractor may, at no additional cost to Use CRY of West Pain) Beach, substitute 10- inch crushed concrete in lieu of firrierocii: provided that file minimum LBR 100 is achieved 2 Basis of Payment: Payineill Shall be at the Contract Unit Price per square yard of firnerock base installed to the limits shown on tne plans or as directed by trip - Engineer in the field during construction Addend= 1 14-15.134 Page 3 of 4 Page 155 of 1037 Proposers must acknowledge receipt of this Addendum 1 in the space provided below. This Addendum forms an integral part of the ITB documents and therefore must be executed. Failure to return this addendum with your proposal submittal may be cause for disqualification. Issued By: City of West Palm Beach Procurement Division July 17, 2015 z-� 7 Signed By: Patricia D. rmstrong Sr, Purchasing Agent PROPOSER: ti\, Signed By: Print Name: 41 Title: Date: End of Addendum 1 Addendum 1 14-15-134 Page 4 of 4 Page 156 of 1037 'BE Item Ata. Item Description GENERAL -=Unit fast Units 1 2 Mobilization Maintenance of Traffic LS LS 3 4 Bonding Insurance LS LS 5 Construction Permits (Allowance) AL 6 7 lVehicle Towing (Allowance) ROADWAY Reclaimed Asphalt Base Course (Up to 10") AL SY 8 9 Asphalt Emulsion for Reclamation (Asphalt Treated Base) Saw Cut Existing Concrete/Pavement up to 12" deep GAL LF 10 Concrete Road Base Removal up to 12" deep Sy 11 Excavation, Removal & Disposal of excess material CY 12 Mill Existing Asphalt (up to 2") SY 13 Mill Existing Asphalt (2"-4") SY 14 Asphalt & Base Removal, up to 24" Sy 15 16 12' Compacted, Stabilized Subbase FDOT Optional Base Group 4 SY Ton 17 FDOT Optional Base Group 6 Ton 18 FDOT Optional Base Group 9 Ton 19 Type SP -9.5 Asphaltic Concrete Ton 20 Type SP -12.5 Asphaltic Concrete Ton 21 Removal and Disposal of Old Guardrail LF 22 23 Reset Guardrail Furnish & Install Guardrail, Steel Beam, Double Face, Incl Hardware LF LF 24 Furnish & Install Guardrail, Steel Beam, Straight Panel, Incl Hardware LF 25 Furnish &Install Aluminum Handrail per FDOT Specification LFJ Addendum 1 ITB 14-15-134 Pa9 pgPlYf& 1037 Addendum I ITB 14-15-134 Pagj�614 Page of1037 Utilities 26 Adjust Existing Manhole Top to Grade EA 27 Install New Manhole Top with Ring and Cover to Grade (remove and dispose of existing) EA 28 Adjust Type "A" Inlet to Grade EA 29 Remove and Replace Type "A" Inlet EA 30 Install New Type "A" Inlet EA 31 Adjust type "C" Inlet to Grade EA 32 Remove and Replace Type "C" Inlet EA 33 Install New "C" Inlet EA 34 Remove and Replace Type P-5 (FDOT) Inlet EA 35 Remove and Replace Type P-6 (FDOT) Inlet EA 36 New Type P-5 FDOT Inlet EA 37 New Type P-6 FDOT Inlet EA 38 Install New Water Valve box (remove and dispose of existing) EA 39 Adjust Water Valve Box EA_ 40 Remove and Replace Water Meter Box, Single (City standard) EA_ 41 Remove and Replace Water Meter Box, Double (City standard) EA Remove and Replace Electrical Pull Boxes with "New Basis' Model PBC1 11812TO2 or an 42 Approved Equivalent EA 43 Install Electrical Pull Boxes, "New Basis" Model PBC1 11812TO2 or an Approved Equivalent EA 44 Remove & Replace Traffic Signal Loops/Wiring (Per PBC Standard) At Cost 45 I''Stamped, Colored Concrete (6" thick) SY 46 Paver Brick (traffic rated) SY 47 Remove and Replace Paver Brick (traffic rated) SY 48 Speed Humps, Stamped Asphalt(up to 100SY), primed and painted SY CONCRETE 49 Concrete Removal up to 6" thick SY 50 4" Concrete Sidewalk SY 51 6" Concrete Pathway/Driveway SY 52 Concrete ADA Curb Ramp with detectable warning surface (FDOT standard) EA 53 16" ADA Compliant Detectable Warning Pavers Ramp EA 54 6" ADA Compliant Ramp with Armor -Tile Tactile System or an approved equivalent EA 55 Remove Concrete Curb All Type include asphalt restoration and sawcut LF 56 Concrete Curb Type T" LF 57 Concrete Curb Type 'F LF 58 Concrete Header Curb (up to 12" X12") LF 59 Modified Concrete Curb LF 60 Concrete Valley Gutter LF Addendum I ITB 14-15-134 Pagj�614 Page of1037 61 STRIPING & SIGNAGE 6" Solid White Thermoplastic Striping LF 62 63 64 6" Skip White Thermoplastic Striping 6" Solid Yellow Thermoplastic Striping 6" Skip Yellow Thermoplastic Striping LF LF LF 65 66 6" Double Yellow Thermoplastic Striping 12" Solid White Thermoplastic Striping LF LF 67 18" Solid White Thermoplastic Striping LF 6,8 69 18" Solid Yellow Thermoplastic Striping 24" Solid White Thermoplastic Striping LF LF 70 71 Special Pavement Message: ARROW (single and double) Thermoplastic Special Pavement Message: MERGE, ONLY, R/R, SCHOOL, SHARR O -W, Thermoplastic EA EA 72 Furnish and Install Single Sign Post AS 73 lRelocate Sign and Post AS 74 6" White Temporary Striping Paint LF 75 6" White Temporary Striping Plastic Tape LF 76 6" Yellow Temporary Striping Paint LF 77 78 79 6" Yellow Temporary Striping Plastic Tape lRetro-Reflective Pavement Markers (RPMs) All colors LANDSCAPING 1 Bio -Barrier (12" wide) LF EA LF 80 Bio -Barrier (19,5" wide) LF 81 Sodding (Floratam) Sy 82 83 Sodding (Bahia) Top Soil (3" Thick) SY SY 84 86 Red Designer Mulch (3") Root Removal/Pruning SY AL 86 Tree Removal (up to 12" Diameter) EA 87 Seeding SY 88 Stump Removal up to 18" Diameter, Including Roots EA_ 89 90 Stump Removal up to 36" in Diameter, Including Roots Tree Removal up to 18" in Diameter, Ind. Roots EA EA 91 Tree Removal up to 36' in Diameter, Incl. Roots EA 92 93 Adjust t Irrigation Regr ide Swales. AL SY I- Highlighted items will not be evaluated Bidder Company Name, Signature of Official authorized to bind Bidder I 1 11 MEMEMM Addendum 1 ITB 14-15-134 P a 0'49f 5AY'6i 1037 r Addendum 1 ITB 14-15-134 Pagegf6d'd 1037 401 Clematis Street, 5th Floor West Palm Beach, FL 33401 Telephone: (561) 822-2100 Telefax. (561) 822-1564 WEST PALM B E. AC H . --- Addendum 2 ITB 14-15-134 July 22, 2015 General: Roadway and Miscellaneous Construction Each recipient of this Addendum acknowledges all of the provisions set forth in the Invitation to Bid (ITB) and agrees to be bound by the terms thereof. This addendum shall modify, clarify, change or add information and become part of the above referenced ITB. This Addendum small provide the following information: Questions and Answers Devised Section 2 Special Terms Devised Form B2 The following documents are included with this addendum. • Addendum 2 ITB 1 -15-134 • Addendum 2 ITB 14-15-134 Devised Section 2 -Special Terms • Addendum 2 ITB 14-15-135 Devised Form B2 Questions and Answers Question 1: Is a bid bond required for this project?' Answer No, a bid bond is not required. Bonding may be required for work orders issued for this contract. Question 2: Regarding Section 2 - Special Terms, Item 1, Time of Completion and Liquidated Damages. How will the contract time and fines be applied to the contract? Answer The time of completion dates are removed from the bid documents. Timing for substantial and final completion will be included on the work orders issued for individual projects. Liquidated damages will be calculated at 25% of each work order amount. Question 3: What dollar amount is to be used on Form B2? Answer No dollar amount is expected as this is a line item bid. There is a note on [lie form to refer to the list of bid items on Foram B3. Addendum 2 14-15-134 Page 1 of 3 Page 161 of 1037 Answer No dollar amount is expected at this time and the field, can be completed with TBD. The dollar amount will be included on the work order issued for a specific project. Question 5- How should suppliers for materials and dollar amounts be listed on Form B15? Answer Form B 15 can be left blank or marked TBD at this time; the information will be completed when a work order is issued for a specific project. Question 6: How should contractors respond to the allowance items on Form B? Should they be left blank or marked TBD? Answer The allowance items and lump sum items can be marked TBD for the bid response. Question 7. How should contractors provide SBE percentages when the quantities and value of the project(s) are unknown? Answer Include the names of your BE team and mark the percentage fields as TBD. Contractors will be expected to meet the SBE goal for the projects assigned via work order. Addendum 2 14-15-134 Page 2 of 3 Page 162 of 1037 Proposers must acknowledge receipt of this Addendum 1 in the space provided below. This Addendum forms an integral part of the ITB documents and therefore must be executed. Failure to return this addendum with your j2roposa/ submittal may be cause for discgualification . Issued By: City of West Palm Beach Signed B� Procurement Division July 22, 2015 PROPOSER�,.LL j_&,tj(\jf W ff Signed By - Th . Print Name. #knoie4k 0 A Lt c Title: Date: Cal - \5 End of Addendum 2 Addendum 2 14-15-134 Page 3 of 3 Page 163 of 1037 ITB Rev. 4-08 aSECTION 2 - SPECIAL TERMS Pre -Bid Conference A pre-bid conference is scheduled to provide potential bidders the opportunity to ask questions and receive clarification concerning the project and to emphasize safety factors, hazards, or potential interference of other projects. If a pre-bid conference is scheduled, attendance is strongly encouraged. If a site inspection is scheduled it will be the only opportunity to inspect the site and attendance is recommended as no individual appointments will be made. Date: N/A Time: N/A Place: N/A Please bring your copy of the Invitation to Bid to the pre-bid conference. In accordance with the Americans with Disabilities Act, any person who believes he or she has a disability requiring the use of a special accommodation at either the scheduled site inspection, pre-bid conference or bid opening should contact the Procurement Division at 561-822-2100, at least five (5) days prior to the event to advise of his/her special requirements. 2. Time of Completion and Liquidated Damages. The work to be performed under this project shall commence on the date of Notice to Proceed. The work shall be substantially completed within 424--G" HUNDRED M._E*P14- TIED calendar days after the date of such notice, and fully completed within 180 (ONE Will-IN-DRED EIGHTY) TBD calendar days, with such extensions of time as are provided for in the General Terms and Conditions. If said work is not substantially completed within the specified times, the Contractor shall be liable and hereby agrees to pay to the Owner as liquidated damages, and not as a penalty, the sum of ONE T -W -HUNDRED ($�q TBD per calendar day for each and every day or part of a day thereafter that said work remains incomplete. 3. Permits and Fees. In accordance with the Public Bid Disclosure Act, the Contractor will be required to make payment to the City of West Palm Beach for following permits or licenses, impact, inspection or other fees for this Project under the Contract: (F.S. 218,80) (Permit) (Fee/Amount or calculation) Right -of -Way Permit See City website (www.,cilyofwpb.org) Parking Permit (Bagging of Meters) See City website (www.cityofwpb.org) Refer to City Website (wpb,org) for current permit fees. 4. Licenses The Bidder will be required to have at the time of bid submittal, the following current license(s): 0 State of Florida General Contractor's License or Paving Contractor's License The Bidder will also be required, at the time of contract execution, to have a business tax receipt or certificate of registration in accordance with the following: No person, contractor or subcontractor may conduct business within the City without a business tax receipt or certificate of registration. ITB 14-15-134 3 Page 164 of 1037 QTR Rev. 4-08 A contractor who holds a valid countywide contractor's license, in addition to a county business tax receipt shall register with the City. Any person engaging in any business, occupation or profession within the City without a permanent business location or branch office in the City, but holding a valid and currently effective business tax receipt issued by the county or another incorporated municipality, shall be issued a certificate of registration upon registering with the business tax official. 5. Small Business Participation In accordance with the Small Business Ordinance, the goal for Small Business participation under the contract resulting from this Invitation, to Bid is 15% of the total contract value. Ixequired YeS Not Require#' 7. Insurance. Please refer to General Condition 13 for insurance requirements, unless a modification to such requirements is listed below: 8. Equal Benefits Ordinance. Section 66-9 of the City's Code of Ordinances provides that, with limited exceptions, when contracting for goods, services or construction in an amount of $50,000 or more, with persons or businesses with five or more employees that also provide benefits to employees' spouses and dependents, the city shall contract only with those persons or businesses that provide equal benefits to employees' domestic partners. Each proposer shall submit an Equal Benefits certification with its proposal/bid , . . The City intends to award to a Primary and Secondary Vendor(s), The award of the Primary and Secondary bidder will be determined in order of responsiveness, lowest price, and consideration of bidder's bid package with reference to conforming of bid, deviations (if any,) bidder's notes, materials proposed, along with bidder's qualifications, adequate organization, and personnel to ensure prompt and efficient performance of work to the City. If the Primary bidder is not able to supply the product/material in question, the City will contact the Secondary bidder accordingly. ITB 14-15-134 4 Page 165 of 1037 ITB Rev. 4-08 City West Tafm Beach (B2) a of PID Iw-Arsima. 20=R;: (Bidder Company Name) *06 See Bid Items 1 — 96 on Form B3 — Schedule of Bid Items (Write Dollar Figure Here) Bidder agrees to furnish, unless otherwise provided, all implements, machinery, equipment, transportation, tools, materials, supplies, labor and other things necessary for the performance and completion of the work for the amount indicated above. The undersigned Bidder hereby declares that: 1. No Lobbying. Proposer acknowledges that contact by a Proposer, or anyone representing a Proposer, regarding this ITB with the Mayor, any City Commissioner, officer, City employee, other than an employee of the West Palm Beach Procurement Division, is grounds for disqualification. 2. This bid is made in good faith, without collusion or fraud and is fair and competitive in all respects. 3. The Bidder has carefully and to his full satisfaction examined the attached Scope of Work, Special Terms, General Conditions, technical specifications, and form of bonds, if applicable, together with the accompanying plans, and Bidder has read all issued addenda issued. 4. Bidder has made a full examination of the site and is familiar with the site conditions that may impact its performance, 5. There is enclosed a bid guarantee consisting of five percent (5%) of bid price in the amount of $_NJA 6, Upon receipt of a Notice of Intent to Award the contract the Bidder shall: 1) commence obtaining a Performance Bond, Labor and Material Bond, and Certificate(s) of Insurance immediately after receiving a Notice of Intent to Award, and 2) immediately obtain a Certificate of Registration for engaging in business from the City, as such documents will be required prior to execution of a Contract. Bidder understands that the contract time starts on the date of Notice to Proceed. 8, Bidder furthermore agrees that, in case of failure on his part to execute a Contract and provide all required documents within ten (10) calendar days of receipt of the Contract for execution, the City may withdraw the offer and contract with another bidder and the check, bond, or other security accompanying his bid and the money payable thereon, shall become the property of the City, by forfeit as agreed and liquidated damages. 9. The Bidder states that this bid is the only bid for this project in which Bidder is interested; and Bidder shall not be a subcontractor or subcontractor on this project, 10. Substantial completion shall be within One U. -A -A --A 140 TBD calendar days. Final completion shall be in One I TBD calendar days. 11. Liquidated damages for delay are agreed to be $47240-.00 TBD per calendar day. 12. Small Business participation for this project is 15%. ITB 14-15-134 M, Page 166 of 1037 111930=1111-1 13. Bidder shall be responsible for all permitting fees and utility service connection fees. For construction of a building, the City shall be responsible for plan and permit review fees through its Construction Services Department. 14, All debris is to be legally disposed of at a licensed disposal site in accordance with city, state, and federal standards. 15, The City reserves the right to select and include one or more alternates in the Project and work. 16. The following officer, director or agent of the Bidder is also an employee of the City of West Palm Beach: Name Address 17. The following employee(s) of the City of West Palm Beach hold, either directly or indirectly, an interest of 10% or more of Bidder or its affiliates or subsidiaries: 18. Bidder and all a4iliates, suppliers, subcontractor or consultants who will perform the',11,ork have not been placed on the Pubilic Entity Crimes convicted vendor list maintained by the State of Florida within the ♦ months immediately precediing the date of this Bid. 19. Bidder acknowledges that ADDENDA have been RECEIVED and are A17ACHED HERETO and are signed by a duly authorized officer of Bidder. 20. By sigining and submitting this Bid, Bidder represents that all Bid Forms are fully complete and accurate. M101411 1VMK*1M1MK0.♦ MOL-11WOM WM01991 DIJ 11VAL"111 UJUS40 1W 1111 U-13 111 - Business Address: (Street, City, State, Zip Code) State of incorporated: Telephone: — Fax: Print Name: Title: Date: MMMIMIR�- par, i ITB 14-15-134 In Page 167 of 1037 1T13 Rev. 4-08 City West Pak Beach (B2) @ of BID ITB 14-15-134 '�,roposalof: M &M Asphalt Maintenance, Inc. d/b/a All County Paving (Bidder Company Name) Bid Amount: $ N/A See Bid Items I — 96 on Form B3 — Schedule of Bid Items (Write Dollar Figure Here) Bidder agrees to furnish, unless otherwise provided, all implements, machinery, equipment, transportation, tools, materials, supplies, labor and other things necessary for the performance and completion of the work for the amount indicated above. The undersigned Bidder hereby declares that: 1. No Lobbying. Proposer acknowledges that contact by a Proposer, or anyone representing a Proposer, regarding this ITB with the Mayor, any City Commissioner, officer, City employee, other than an employee of the West Palm Beach Procurement Division, is grounds for disqualification. 2. This bid is made in good faith, without collusion or fraud and is fair and competitive in all respects. 3. The Bidder has carefully and to his full satisfaction examined the attached Scope of Work, Special Terms, General Conditions, technical specifications, and form of bonds, if applicable, together with the accompanying plans, and Bidder has read all issued addenda issued. 4. Bidder has made a full examination of the site and is familiar with the site conditions that may impact its performance. 5. There is enclosed a bid guarantee consisting of five percent (5%) of bid price in the amount of $_N/A 6. Upon receipt of a Notice of Intent to Award the contract the Bidder shall; 1) commence obtaining a Performance Bond, Labor and Material Bond, and Certificate(s) of Insurance immediately after receiving a Notice of Intent to Award, and 2) immediately obtain a Certificate of Registration for engaging in business from the City, as such documents will be required prior to execution of a Contract. 7. Bidder understands that the contract time starts on the date of Notice to Proceed. 8. Bidder furthermore agrees that, in case of failure on his part to execute a Contract and provide all required documents within ten (10) calendar days of receipt of the Contract for execution, the City may withdraw the offer and contract with another bidder and the check, bond, or other security accompanying his bid and the money payable thereon, shall become the property of the City, by forfeit as agreed and liquidated damages. 9. The Bidder states that this bid is the only bid for this project in which Bidder is interested-, and Bidder shall not be a subcontractor or subcontractor on this project. 10. Substantial completion shall be within One Hu -A-p- TBD calendar days. Final completion shall be in One HundFed Eighty(180) TBD calendar days. I 11. Liquidated damages for delay are agreed to be $1,200.00 TBD per calendar day. 12. Small Business participation for this project is 15%. ITB 14-15-134 14 Page 168 of 1037 ITB Rev. 4-08 13. Bidder shall be responsible for all permitting fees and utility service connection fees. For construction of a building, the City shall be responsible for plan and permit review fees through its Construction Services Department. 14. All debris is to be legally disposed of at a licensed disposal site in accordance with city, state, and federal standards. 15. The City reserves the right to select and include one or more alternates in the Project and work. 16. The following officer, director or agent of the Bidder is also an employee of the City of West Palm Beach: Name Address None 17. The following employee(s) of the City of West Palm Beach hold, either directly or indirectly, an interest of 10% or more of Bidder or its affiliates or subsidiaries: Name Address None 18. Bidder and all affiliates, suppliers, subcontractor or consultants who will perform the Work have not been placed on the Public Entity Crimes convicted vendor list maintained by the State of Florida within the 36 months immediately preceding the date of this Bid. 19. Bidder acknowledges that ADDENDA NO(S). 1 & 2 have been RECEIVED and are ATTACHED HERETO and are signed by a duly authorized officer of Bidder. 20. By signing and submitting this Bid, Bidder represents that all Bid Forms are fully complete and accurate. 21. Bidder acknowledges that the Bid may be rejected if all Bid Forms are not fully complete, not accurate or if forms are not signed by properly authorized signatures where required. Bidder Company Name: M & M Asphalt Maintenance, Inc. d/b/a All County Paving Business Address: (Street, City, State, Zip Code) 1180 SW 10th Street Delray Beach, FL 33444 State of Incorporated: FL Telephone: 561-588-0949 Fax: 561-588-2140 of Official authorized to bind Bidder. Print Names Kenneth Gold Title: President Date: 7-27-15 Failure to fully complete and sign this Bid Form may result in reiection of the Bid. ITB 14-15-134 15 Page 169 of 1037 �10 ITB 14-15-134 PROJECT TITLE: General Roadway and Miscellaneous Construction M, Item No. Item Description Unit Cost I Units GENERAL 1 Mobilization TBD LS 2 3 Maintenance of Traffic Bonding TBD TBD LS LS 4 -Insurance 5 6 lConstruction Permits (Allowance) iVehicle Towing (Allowance) TBD TBC TBC LS AL AL ROADWAY 7 8 9 Reclaimed Asphalt Base Course (Up to 10") Asphalt Emulsion for Reclamation (Asphalt Treated Base) Saw Cut Existing Concrete/Pavement up to 12" deep $12.90 $2,50 $2.00 SY GAL LF 10 11 Concrete Road Base Removal up to 12" deep Excavation, Removal & Disposal of excess material $11-00 $25.00 SY cy 12 Mill Existing Asphalt (up to 2') $2.50 SY 13 Mill Existing Asphalt (2"-4") $3.10 SY 14 15 16 Asphalt & Base Removal, up to 24" 12" Compacted, Stabilized Subbase FDOT Optional Base Group 4 $11.85 $5.00 $40-00 SY SY Ton 17 FDOT Optional Base Group 6 $40.00 Ton 18 FDOT Optional Base Group 9 $40-00 Ton 19 20 Type SP -9.5 Asphaltic Concrete Type SP -12.5 Asphaltic Concrete $11(7.00 $110.00 Ton Ton 21 22 Removal and Disposal of Old Guardrail Reset Guardrail $5.95 $11-00 LF LF 23 24 Furnish & Install Guardrail, Steel Beam, Double Face, Incl Hardware Furnish & Install Guardrail, Steel Beam, Straight Panel, Incl Hardware $38.50 $27.50 LF LF 25 Furnish & Install Aluminum Handrail per FDOT Specification $85.00 LF Addendum 1 1TB 14-15-134 Page I of 4 Page 170 of 1037 Addendum 1 [TB 14-15-134 Page 2 of 4 Page 171 of 1037 Utilities 26 27 Adjust Existing Manhole Top to Grade Install New Manhole Top with Ring and Cover to Grade (remove and dispose of existing) $500-00 $750-00 EA EA 28 29 Adjust Type "A" Inlet to Grade 'Remove and Replace Type "A" Inlet $2,500.00 $5,500.00 EA EA 30 Install New Type "A" Inlet $4,200-00 EA 31 Adjust type "C" Inlet to Grade $2,500-00 EA 32 Remove and Replace Type "C" Inlet $5,800-00 EA 33 34 Install New "C" Inlet Remove and Replace Type P-5 (FDOT) Inlet $4,500,00 $7,700.00 EA EA 35 36 37 Remove and Replace Type P-6 (FDOT) Inlet New Type P-5 FDOT Inlet New Type P-6 FDOT Inlet S7,500.00 $6,200,00 $6,000.00 EA EA EA 38 39 Install New Water Valve box (remove and dispose of existing) Adjust Water Valve Box $500,00 $350-00 EA EA 40 Remove and Replace Water Meter Box, Single (City standard) $500.00 EA 41 Remove and Replace Water Meter Box, Double (City standard) $600.00 EA 42 Remove and Replace Electrical Pull Boxes with "New Basis" Model PBC1 1 1812TO2 or an Approved Equivalent $1,500,00 EA 43 Install Electrical Pull Boxes, "New Basis' Model PBC1 1 1812TO2 or an Approved Equivalent $1,100,00 EA 44 45 Remove & Replace Traffic Signal Loops/Wiring (Per PBC Standard) Stamped, Colored Concrete (6" thick) TBD $72.00 At Cost SY 46 Paver Brick (traffic rated) $30.00 SY 47 Remove and Replace Paver Brick (traffic rated) $35.00 SY S Y� 48 I spa(up o ), primed anpainted Ahltt1 OOSYidditd , SY CONCRETE 49 Concrete Removal up to 6" thick $10151 SY 5() 51 4" Concrete Sidewalk 6" Concrete Pathway/Driveway $34.50 $42.50 SY SY 52 Concrete ADA Curb Ramp with detectable warning surface (FDOT standard) $575.00 EA 53 6" ADA Compliant Detectable Warning Pavers Ramp $1,200.00 EA 54 55 6" ADA Compliant Ramp with Armor -Tile Tactile System or an approved equivalent Remove Concrete Curb All Type include asphalt restoration and sawcut $975,00 $4.50 EA LF 56 Concrete Curb Type "D" $11-50 LF 57 Concrete Curb Type 'F" $20-00 LF 58 59 Concrete Header Curb (up to 12" X12") Modified Concrete Curb $20,00 $20.00 LIF LF 60 JConcrete Valley Gutter $20.001 LF Addendum 1 [TB 14-15-134 Page 2 of 4 Page 171 of 1037 J* Highlighted items will not be evaluated Bidder Company Name: Ii&,yy-iore, T\c, A� Iry u cc,A pav i q Signat�&#4q 'W"authorized to bind Bidder Print Deme Nf.Mf-kt\. Title Date Failure to fully complete and sign this Bid Form may result in rejection of the Bid Addendum 1 ITS 14-15-134 Page 3 of 4 Page 172 of 1037 STRIPING & SIGNAGE 61 62 6" Solid White Thermoplastic Striping 6" Skip White Thermoplastic Striping $0,88 $0.88 LF LF 63 64 65 6" Soiid Yellow Thermoplastic Striping 6" Skip Yellow Thermoplastic Striping 6" Double Yellow Thermoplastic Striping $0.88 $0.88 $176 LF LF LF 66 12" Solid White Thermoplastic Striping $1.65 LF 67 18" Solid White Thermoplastic Striping $2.20 LF 68 69 18" Solid Yellow Thermoplastic Striping 24" Solid White Thermoplastic Striping $2,20 $3,30 LF LF 70 71 72 Special Pavement Message: ARROW (single and double) Thermoplastic Special Pavement Message: MERGE, ONLY, RIR, SCHOOL, SHARROW, Thermoplastic Furnish and Install Single Sign Post $99,00 $121-00 $292 EA EA AS 73 74 Relocate Sign and Post 6" White Temporary Striping Paint $192,00 $0.33 AS LF 75 6" White Temporary Striping Plastic Tape $0.66 LF 76 77 6" Yellow Temporary Striping Paint 6' Yellow Temporary Striping Plastic Tape $0.33 $0.66 LF LF 78 Retro -Reflective Pavement Markers (RPMs) All colors $4.40 EA LANDSCAPING 79 80 Bio -Barrier (12" wide) Bio -Barrier (19.5" wide) $15-00 $18,00 LF LF 81 Sodding (Floratam) $150 SY 82 83 84 Sodding (Bahia) Top Soil (3" Thick) Red Designer Mulch (3") $120 $16.50 $21.00 SY SY SY 85 Root Removal/Pruning TBD AL 86 Tree Removal (up to 12" Diameter) $1,000-00 EA 87 Seeding $10,00 SY 88 Stump Removal up to 18" Diameter, Including Roots $750.00 EA 89 Stump Removal up to 36" in Diameter, Including Roots $850.00 EA go 91 Tree Removal up to 18" in Diameter, Inc. Roots Tree Removal up to 36' in Diameter, Ind. Roots $1,500-00 2,000-00 EA EA 92 Adjust Irrigation =BD AL 93 Regrade Swales 1 $13,50 SY J* Highlighted items will not be evaluated Bidder Company Name: Ii&,yy-iore, T\c, A� Iry u cc,A pav i q Signat�&#4q 'W"authorized to bind Bidder Print Deme Nf.Mf-kt\. Title Date Failure to fully complete and sign this Bid Form may result in rejection of the Bid Addendum 1 ITS 14-15-134 Page 3 of 4 Page 172 of 1037 f �- f r r # r k. E k f l� k f.. •- f f a r: Addendum 1 ITB 14-15-134 Page 4 of 4 Page 173 of 1037 ITB Rev. 4.08 City of West (Pa[m Beach �ES)Itil"!• ITB 14-15-134 SUBSTITUTION SHEET This form must be completed if Bidder proposes to deviate from any contract requirements including, but not limited to, proposed material specifications, proposed method, construction schedule, or phasing plan. Associated "Add" or "Deduct" must be provided. DESCRIPTION OR MAKE PROPOSED ACD DEDUCT SID ITEM NO. SPECIFIED SUBSTITUTION None ITS 14-15-134 17 Page 174 of 1037 0 I 1 -r, x W 1. SCHEDULE OF SUBCONTRACTORS Failure to fully complete form may result in bid rejection. The following is a complete list of all subcontractors utilized for this project: FJ 3. EJ (company name) 9021 Wire Rd., Zephyrhills, FL (address) 33540 (zip code) ITB Rev. 4-08 M Dollar amount of subcontract work Reclamation $ TBD (type of work) 813-455-2471 (tel. #) 22-3787755 (federal I.D. #) WM. D. Adeimy Jr., Inc. Concrete $ TBD (company name) (type of work) 1201 Omar Rd., West Palm Beach, FL 561-832-6305 (address) (tel. #) 33405 59-1927258 (zip code) (federal I.D. #) Sou-thwide Industries, Inc. Striping $ TBD (company name) (type of work) 4357 Okeechobee Blvd., Ste C4 561-688-8833 (address) (tel, #) West Palm Beach, FL 33409 65-0857746 (zip code) (federal I.D. #) Centerline Utilities, Inc. Drainage TBD (company name) (type of work) 2180 SW Poma Drive, Palm City, FL 561-689-3917 (address) (tel. #) 34990 65-0849488 (zip code) (federal I.D. #) 5. $ (company name) (type of work) (address) =-(zip —code)— (federal M. #) Total dollar amount to be awarded to subcontractors (this page) ITB 14-15-134 $ 18 Page 175 of 1037 ITB Rev. 4-08 ITB 14-15-134 SCHEDULE OF SUBCONTRACTORS (continued if necessary) 6. (company name) (type of work) (tel. #) (address) (federal I.D. (zip code) 7. $ (company name) (type of work) (tel. #) (address) (federal I.D. #) (zip code) 8. $ (company name) (type of work) (tel. #) (address) (federal I.D. #) (zip code) 9. $ (company name) (type of work) (address) (tel. #) (federal I.D,. #) (zip code) Total dollar amount to be awarded to Subcontractors $ T130 Authorized Signature-, V Note: The above schedule of subcontractors will become a part of the Contract documents. Changes made to the above schedule of subcontractors after the contract has been executed must be submitted in writing to the Engineering and Public Works Department for approval prior to that subcontractor performing any work. ITB 14-15-134 19 Page 176 of 1037 ITB Rev. 4-08 City of West (Paim Beach (1136) ITB 14-15-134 CONTRACTOR VERIFICATION FORM PRIME BIDDER: Name of Firm: irm: M & M Asphalt Maintenance, Inc. d/b/a All County Paving Address: 1180 SW 10th Street Delray Beach, FL 33444 Telephone: 561-588-0949 Fax: 561-588-2140 GENERAL CONTRACTOR OF RECORD. Name-, Micheal M. Ritter Jr. Address: 1180 SW 19th Street Delray Beach, FL 33444 State License # CGC 1509532 (ATTACH COPY) County License # U-21491 (ATTACH COPY) Type of License: Paving Unlimited Yes (yes/no) If "NO", Limited to what trade? Is the General Contractor a full-time employee of Prime Bidder? X Yes No Will the General Contractor be in responsible charge of the work performed and installed under this contract? X Yes No City License: (COPY OF CITY REGISTRATION OR BUSINESS TAX RECEIPT —MUST BE OBTAINED PRIOR TO CONTRACT EXECUTION — Maybe obtained from City Construction Services) Failure to fully or accurately complete this form may be cause for rejection of the bid. ITB 14-15-134 20 Page 177 of 1037 6. F. CONSENTAGENDA 10/17/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-098 - Authorize the City Manager to sign a 3 year Master Services Agreement with AT&T for the installation of a 20MB Dedicated Internet Circuit and Reactive Distributed Denial of Service Monitoring for a total monthly cost of $911.11 split equally between the Police and Fire Department, utilizing the GSA Schedule 70 of the GSA Contract GS -35F -0249J 1. EXPLANATION OF REQUEST. This circuit is used to provide remote connectivity over an encrypted circuit for Police and Fire Department users. Currently the City pays $1,483 per month for a 10MB circuit which terminates at City Hall. This upgraded circuit will not only be less expensive for twice the bandwidth, it will also terminate at Fire Station 5 data center providing a more stable connection. With the plans for the Town Square and a new Police Department, this circuit will need to move eventually and doing it now will allow us to increase capacity, increase reliability, and save money. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This circuit is a critical function for Public Safety, allowing First Responders to arrive at dispatched calls with up to date information. It also allows for First Responders to complete reports in the field, keeping them on the street instead of having them come in to the station. FISCAL IMPACT: Budgeted Police Account 001-2112-521-41.10 Fire Account 001-2210-522-49.17 ALTERNATIVES: Do nothing at this time and wait until new Police Department is built. STRATEGIC PLAN: Great Neighborhoods: Safe, Affordable and Livable STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 178 of 1037 CONTRACTS VENDOR NAME: AT&T START DATE: END DATE: CONTRACT VALUE: 10,933.32 MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: EXTENSION EXPLANATION: ATTACHMENTS: Type D Contract D Contract D Memo D Contract D Letter Description Resolution approving a 3 year Master Services Agreement for 20MB Circuit Master Agreement Dedicated Internet Service Agreement Cover Letter/J ustif ication D DOS Agreement AT&T Cover Letter Page 179 of 1037 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 A THREE YEAR MASTER SERVICES AGREEMENT WITH AT&T FOR THE INSTALLATION OF A 20MB DEDICATED INTERNET CIRCUIT AND REACTIVE DISTRIBUTED DENIAL OF SERVICE MONITORING FOR A TOTAL MONTHLY COST OF $911.11 SPLIT EQUALLY BETWEEN POLICE AND FIRE DEPARTMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the installation of a 20MB dedicated internet circuit is used to provide remote connectivity over an encrypted circuit for Police and Fire Department users; and WHEREAS, this Master Services Agreement and upgrade of the current LOMB circuit will not only be less expensive for twice the bandwidth, it will also terminate at Fire Station 5 data center providing a more stable connection; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, deems it to be in the best interests of the City residents to enter into a three (3) year Master Services Agreement with AT&T for the installation of a 20NM dedicated internet circuit and reactive distributed denial of service monitoring for a total monthly cost of $911.11 split equally between police and fire departments. 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 29 hereof. 30 Section 2. The City Commission hereby approves the three (3) year Master CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\982E9018-5C51-455F-97E3-5COE4723C6DO\Boynton Beach.7225.1.ATT_Master_Services_Agreement_ =Reso.doc Page 180 of 1037 31 Services Agreement with AT&T the installation of a 20MB dedicated internet circuit and 32 reactive distributed denial of service monitoring for a total monthly cost of $911.11 split 33 equally between police and fire departments. 34 Section 3. The City Manager is authorized to sign the three (3) year Master 35 Services Agreement, a copy of which Agreement is attached hereto as Exhibit "A." 36 Section 4. This Resolution shall become effective immediately upon passage. 37 PASSED AND ADOPTED this day of , 2017. 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 65 66 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 CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\982E9018-5C51-455F-97E3-5COE4723C6DO\Boynton Beach.7225.1.ATT_Master_Services_Agreement_ =Reso.doc Page 181 of 1037 MASTER AGREEMENT Contract Id: 8542015 AT&T MA Reference No. MA3521468UA Customer AT&T CITY OF BOYNTON BEACH AT&T Corp. Street Address: 100 E BOYNTON BEACH BLVD Name: City: BOYNTON BEACH State/Province: FL Title: Zip Code: 33435 Country: United States Date: Customer Contact (for notices) AT&T Contact (for notices) Name: Doug Solomon Street Address: 100 W CYPRESS CREEK RD N/A Title: Mr. City: FORT LAUDERDALE State/Province: FL Street Address: 100 E Boynton Beach Blvd Zip Code: 33309 Country: United States City: Boynton Beach State/Province: FL With a copy to: Zip Code: 334353838 AT&T Corp. Country: United States One AT&T Way Telephone: 561-742-6171 Bedminster, NJ 07921-0752 Fax: ATTN: Master Agreement Support Team Email: SolomonD@bbfl.us Email: mast@att.co This Master Agreement ("Master Agreement'), between the customer named above ("Customer") and the AT&T entity named above ("AT&T"), is effective when signed by both Customer and AT&T Customer (by its authorized representative) AT&T (by its authorized representative) By: By: Name: Name: Title: Title: Date: Date: AT&T and Customer Confidential Information Page 1 of 9 ROME ID 1-5HBJVOM UA VER III 11/16/2012 Page 182 of 1037 MASTER AGREEMENT INTRODUCTION Contract Id: 8542015 1.1 Overview of Documents. This Master Agreement and the following additional documents (collectively, the "Agreement') shall apply to all products and services AT&T provides Customer pursuant to this Agreement ("Services") and shall continue in effect so long as Services are provided under this Agreement: (a) Pricing Schedules. A "Pricing Schedule" means a pricing schedule (including related attachments) or other document that is attached to or is later executed by the parties and references this Master Agreement. A Pricing Schedule includes the Services, the pricing (including discounts and commitments, if applicable) and the pricing schedule term ("Pricing Schedule Term"). (b) Tariffs and Guidebooks. "Tariffs" are documents containing the descriptions, pricing and other terms and conditions for a Service that AT&T or its Affiliates file with regulatory authorities. "Guidebooks" are documents (designated as Guidebooks or Price Lists) containing the descriptions, pricing and other terms and conditions for a Service that were but no longer are filed with regulatory authorities. Tariffs and Guidebooks can be found at att.com/servicepublications or other locations AT&T may designate. (c) Acceptable Use Policy. AT&T's Acceptable Use Policy ("AUP") applies to (i) Services provided over or accessing the Internet and (ii) wireless (i.e., cellular) data and messaging Services. The AUP can be found at att.com/aup or other locations AT&T may designate. (d) Service Guides. The descriptions, pricing and other terms and conditions for a Service not covered by a Tariff or Guidebook may be contained in a Service Guide, which can be found at att.com/servicepublications or other locations AT&T may designate. 1.2 Priority of Documents. The order of priority of the documents that form this Agreement is: the applicable Pricing Schedule or Order; this Master Agreement; the AUP; and Tariffs, Guidebooks and Service Guides; provided that Tariffs will be first in priority in any jurisdiction where applicable law or regulation does not permit contract terms to take precedence over inconsistent Tariff terms. 1.3 Revisions to Documents. Subject to Section 8.2(b) (Materially Adverse Impact), AT&T may revise Service Publications at any time. 1.4 Execution by Affiliates. An AT&T Affiliate or Customer Affiliate may sign a Pricing Schedule in its own name, and such Affiliate contract will be a separate but associated contract incorporating the terms of this Agreement. Customer and AT&T will cause their respective Affiliates to comply with any such separate and associated contract. 2. AT&T DELIVERABLES 2.1 Services. AT&T will either provide or arrange to have an AT&T Affiliate provide Services to Customer and its Users, subject to the availability and operational limitations of systems, facilities and equipment. Where required, an AT&T Affiliate authorized by the appropriate regulatory authority will be the service provider. If an applicable Service Publication expressly permits placement of an order for a Service under this Master Agreement without the execution of a Pricing Schedule, Customer may place such an order using AT&T's standard ordering processes (an "Order"), and upon acceptance by AT&T, the Order shall otherwise be deemed a Pricing Schedule under this Master Agreement for the Service ordered. 2.2 AT&T Equipment. Services may be provided using equipment owned by AT&T that is located at the Site ("AT&T Equipment"), but title to the AT&T Equipment will remain with AT&T. Customer must provide adequate space and electric power for the AT&T Equipment and keep the AT&T Equipment physically secure and free from liens and encumbrances. Customer will bear the risk of loss or damage to the AT&T Equipment (other than ordinary wear and tear), except to the extent caused by AT&T or its agents. 2.3 Purchased Equipment. Except as specified in a Service Publication, title to and risk of loss of Purchased Equipment shall pass to Customer on delivery to the transport carrier for shipment to Customer's designated location. 2.4 License and Other Terms. Software, Purchased Equipment and Third -Party Services may be provided subject to the terms of a separate license or other agreement between Customer and either the licensor, the third -party service provider or the manufacturer. Customer's execution of the Pricing Schedule for or placement of an Order for Software, Purchased Equipment or Third -Party Services is Customer's agreement to comply with such separate agreement. Unless a Service Publication specifies otherwise, AT&T's sole responsibility with respect to Third -Party Services is to place Customer's orders for Third -Party Services, except that AT&T may invoice and collect payment from Customer for the Third -Party Services. 3. CUSTOMER'S COOPERATION 3.1 Access Right. Customer will in a timely manner allow AT&T access as reasonably required for the Services to property and equipment that Customer controls and will obtain at Customer's expense timely access for AT&T as reasonably required for the Services to property controlled by third parties such as Customer's landlord. AT&T will coordinate with and, except in an emergency, obtain Customer's consent to enter upon Customer's property and premises, which consent shall not be unreasonably withheld. Access rights mean the right to construct, install, repair, maintain, replace and remove access lines and network facilities and the right to use ancillary equipment space within a building for Customer's connection to AT&T's network. Customer must provide AT&T timely information and access to Customer's facilities and equipment as AT&T reasonably requires for the Services, subject to Customer's reasonable security policies. Customer will furnish any conduit, holes, wireways, wiring, plans, equipment, space, power/utilities and other items as AT&T reasonably requires for the Services and will obtain any necessary licenses, permits and consents (including easements and rights-of-way). Customer will have the Site ready for AT&T to perform its work according to a mutually agreed schedule. AT&T and Customer Confidential Information Page 2 of 9 ROME ID 1-5HBJVOM UA PIge1J8@2&21037 Contract Id: 8542015 MASTER AGREEMENT 3.2 Safe Working Environment. Customer will ensure that the location at which AT&T installs, maintains or provides Services is a safe working environment, free of Hazardous Materials and reasonably suitable for the Services. "Hazardous Materials" mean any substance or material capable of posing an unreasonable risk to health, safety or property or whose use, transport, storage, handling, disposal or release is regulated by any law related to pollution, to protection of air, water or soil or to health and safety. AT&T shall have no obligation to perform work at a location that is not a suitable and safe working environment or to handle, remove or dispose of Hazardous Materials. 3.3 Users. "User" means anyone who uses or accesses any Service provided to Customer. Customer will cause Users to comply with this Agreement and is responsible for Users' use of any Service unless expressly provided to the contrary in an applicable Service Publication. 3.4 Resale of Services. Customer may not resell the Services or rebrand the Services for resale to third parties without AT&T's prior written consent. 4. PRICING AND BILLING 4.1 Pricing and Pricing Schedule Term; Terms Applicable After End of Pricing Schedule Term. The prices listed in a Pricing Schedule are stabilized until the end of the Pricing Schedule Term and will apply in lieu of the corresponding prices set forth in the applicable Service Publication. No promotion, credit, discount or waiver set forth in a Service Publication will apply. Unless the Pricing Schedule states otherwise, at the end of the Pricing Schedule Term, Customer may continue Service (subject to any applicable notice or other requirements in a Service Publication for Customer to terminate a Service Component) under a month-to-month service arrangement at the prices, terms and conditions in effect on the last day of the Pricing Schedule Term. AT&T may change such prices, terms or conditions on 30 days' prior notice to Customer. 4.2 Additional Charges and Taxes. Prices set forth in a Pricing Schedule are exclusive of and Customer will pay all taxes (excluding those on AT&T's net income), surcharges, recovery fees, customs clearances, duties, levies, shipping charges and other similar charges (and any associated interest and penalties resulting from Customer's failure to timely pay such taxes or similar charges) relating to the sale, transfer of ownership, installation, license, use or provision of the Services, except to the extent Customer provides a valid exemption certificate prior to the delivery of Services. To the extent required by law, Customer may withhold or deduct any applicable taxes from payments due to AT&T, provided that Customer will use reasonable commercial efforts to minimize any such taxes to the extent allowed by law or treaty and will furnish AT&T with such evidence as may be required by relevant taxing authorities to establish that such tax has been paid so that AT&T may claim any applicable credit. 4.3 Billing. Unless a Service Publication specifies otherwise, Customer's obligation to pay for a Service Component begins upon availability of the Service Component to Customer. Customer will pay AT&T without deduction, setoff or delay for any reason (except for withholding taxes as provided in Section 4.2 - Additional Charges and Taxes or in Section 4.5 - Delayed Billing; Disputed Charges). At Customer's request, but subject to AT&T's consent (which may not be unreasonably withheld or withdrawn), Customer's Affiliates may be invoiced separately, and AT&T will accept payment from such Affiliates. Customer will be responsible for payment if Customer's Affiliates do not pay charges in accordance with this Agreement. AT&T may require Customer or its Affiliates to tender a deposit if AT&T determines, in its reasonable judgment, that Customer or its Affiliates are not creditworthy, and AT&T may apply such deposit to any charges owed. 4.4 Payments. Payment is due within 30 days after the date of the invoice (unless another date is specified in an applicable Tariff or Guidebook) and must refer to the invoice number. Charges must be paid in the currency specified in the invoice. Restrictive endorsements or other statements on checks are void. Customer will reimburse AT&T for all costs associated with collecting delinquent or dishonored payments, including reasonable attorneys' fees. AT&T may charge late payment fees at the lowest of (a) 1.5% per month (18% per annum), (b) for Services contained in a Tariff or Guidebook at the rate specified therein, or (c) the maximum rate allowed by law for overdue payments. 4.5 Delayed Billing; Disputed Charges. Customer will not be required to pay charges for Services initially invoiced more than 6 months after close of the billing period in which the charges were incurred, except for calls assisted by an automated or live operator. If Customer disputes a charge, Customer will provide notice to AT&T specifically identifying the charge and the reason it is disputed within 6 months after the date of the invoice in which the disputed charge initially appears, or Customer waives the right to dispute the charge. The portion of charges in dispute may be withheld and will not be considered overdue until AT&T completes its investigation of the dispute, but Customer may incur late payment fees in accordance with Section 4.4 (Payments). Following AT&T's notice of the results of its investigation to Customer, payment of all properly due charges and properly accrued late payment fees must be made within ten (10) business days. AT&T will reverse any late payment fees that were invoiced in error. 4.6 Credit Terms. AT&T retains a lien and purchase money security interest in each item of Purchased Equipment and Vendor Software until Customer pays all sums due. AT&T is authorized to sign and file a financing statement to perfect such security interest. 4.7 MARC. Minimum Annual Revenue Commitment ("MARC") means an annual revenue commitment set forth in a Pricing Schedule that Customer agrees to satisfy during each 12 -consecutive -month period of the Pricing Schedule Term. If Customer fails to satisfy the MARC for any such 12 -month period, Customer will pay a shortfall charge in an amount equal to the difference between the MARC and the total of the applicable MARC -Eligible Charges incurred during such 12 -month period, and AT&T may withhold contractual credits until Customer pays the shortfall charge. AT&T and Customer Confidential Information Page 3 of 9 ROME ID 1-5HBJVOM UA Page 11842&21037 Contract Id: 8542015 MASTER AGREEMENT 4.8 Adjustments to MARC. (a) In the event of a business downturn beyond Customer's control, or a corporate divestiture, merger, acquisition or significant restructuring or reorganization of Customer's business, or network optimization using other Services, or a reduction of AT&T's prices, or a force majeure event, any of which significantly impairs Customer's ability to meet a MARC, AT&T will offer to adjust the affected MARC to reflect Customer's reduced usage of Services (with a corresponding adjustment to the prices, credits or discounts available at the reduced MARC level). If the parties reach agreement on a revised MARC, AT&T and Customer will amend the affected Pricing Schedule prospectively. This Section 4.8 will not apply to a change resulting from Customer's decision to use service providers other than AT&T. Customer will provide AT&T notice of the conditions Customer believes will require the application of this provision. This provision does not constitute a waiver of any charges, including monthly recurring charges and shortfall charges, Customer incurs prior to amendment of the affected Pricing Schedule. (b) If Customer, through merger, consolidation, acquisition or otherwise, acquires a new business or operation, Customer and AT&T may agree in writing to include the new business or operation under this Agreement. Such agreement will specify the impact, if any, of such addition on Customer's MARC or other volume or growth discounts and on Customer's attainment thereof. 5. CONFIDENTIAL INFORMATION 5.1 Confidential Information. Confidential Information means: (a) information the parties or their Affiliates share with each other in connection with this Agreement or in anticipation of providing Services under this Agreement (including pricing or other proposals), but only to the extent identified as Confidential Information in writing; and (b) except as may be required by applicable law or regulation, the terms of this Agreement. 5.2 Obligations. A disclosing party's Confidential Information will, for a period of 3 years following its disclosure to the other party (except in the case of software, for which the period is indefinite): (a) not be disclosed, except to the receiving party's employees, agents and contractors having a need -to -know (but only if such agents and contractors are not direct competitors of the other party and agree in writing to use and disclosure restrictions as restrictive as this Section 5) or to the extent authorized to be revealed by law, governmental authority or legal process (but only if such disclosure is limited to that which is so authorized and prompt notice is provided to the disclosing party to the extent practicable and not prohibited by law, governmental authority or legal process); (b) be held in confidence; and (c) be used only for purposes of using the Services, evaluating proposals for new services or performing this Agreement (including in the case of AT&T to detect fraud, to check quality and to operate, maintain and enhance the network and Services). 5.3 Exceptions. The restrictions in this Section 5 will not apply to any information that: (a) is independently developed by the receiving party without use of the disclosing party's Confidential Information; (b) is lawfully received by the receiving party free of any obligation to keep it confidential; or (c) becomes generally available to the public other than by breach of this Agreement. 5.4 Privacy. Each party is responsible for complying with the privacy laws applicable to its business. AT&T shall require its personnel, agents and contractors around the world who process Customer Personal Data to protect Customer Personal Data in accordance with the data protection laws and regulations applicable to AT&T's business. If Customer does not want AT&T to comprehend Customer data to which it may have access in performing Services, Customer must encrypt such data so that it will be unintelligible. Customer is responsible for obtaining consent from and giving notice to its Users, employees and agents regarding Customer's and AT&T's collection and use of the User, employee or agent information in connection with a Service. Customer will only make accessible or provide Customer Personal Data to AT&T when it has the legal authority to do so. Unless otherwise directed by Customer in writing, if AT&T designates a dedicated account representative as Customer's primary contact with AT&T, Customer authorizes that representative to discuss and disclose Customer's customer proprietary network information to any employee or agent of Customer without a need for further authentication or authorization. 6. LIMITATIONS OF LIABILITY AND DISCLAIMERS 6.1 Limitation of Liability. (a) EITHER PARTY'S ENTIRE LIABILITY AND THE OTHER PARTY'S EXCLUSIVE REMEDY FOR DAMAGES ON ACCOUNT OF ANY CLAIM ARISING OUT OF AND NOT DISCLAIMED UNDER THIS AGREEMENT SHALL BE: (i) FOR BODILY INJURY, DEATH OR DAMAGE TO REAL PROPERTY OR TO TANGIBLE PERSONAL PROPERTY PROXIMATELY CAUSED BY A PARTY'S NEGLIGENCE, PROVEN DIRECT DAMAGES; (ii) FOR BREACH OF SECTION 5 (Confidential Information), SECTION 10.1 (Publicity) OR SECTION 10.2 (Trademarks), PROVEN DIRECT DAMAGES; (iii) FOR ANY THIRD -PARTY CLAIMS, THE REMEDIES AVAILABLE UNDER SECTION 7 (Third Party Claims); (iv) FOR CLAIMS ARISING FROM THE OTHER PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, PROVEN DAMAGES; OR (v) FOR CLAIMS OTHER THAN THOSE SET FORTH IN SECTION 6.1(a)(i)-(iv), PROVEN DIRECT DAMAGES NOT TO EXCEED, ON A PER CLAIM OR AGGREGATE BASIS DURING ANY TWELVE (12) MONTH PERIOD, AN AMOUNT AT&T and Customer Confidential Information Page 4 of 9 ROME ID 1-5HBJVOM UA PIge11862&21037 Contract Id: 8542015 MASTER AGREEMENT EQUAL TO THE TOTAL NET CHARGES INCURRED BY CUSTOMER FOR THE AFFECTED SERVICE IN THE RELEVANT COUNTRY DURING THE THREE (3) MONTHS PRECEDING THE MONTH IN WHICH THE CLAIM AROSE. (b) EXCEPT AS SET FORTH IN SECTION 7 (Third Party Claims) OR IN THE CASE OF A PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, ADVANTAGE, SAVINGS OR REVENUES OR FOR INCREASED COST OF OPERATIONS. (c) THE LIMITATIONS IN THIS SECTION 6 SHALL NOT LIMIT CUSTOMER'S RESPONSIBILITY FOR THE PAYMENT OF ALL PROPERLY DUE CHARGES UNDER THIS AGREEMENT. 6.2 Disclaimer of Liability. AT&T WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING TO: INTEROPERABILITY, ACCESS OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, DATA, EQUIPMENT, SERVICES, CONTENT OR NETWORKS PROVIDED BY CUSTOMER OR THIRD PARTIES; SERVICE DEFECTS, SERVICE LEVELS, DELAYS OR ANY SERVICE ERROR OR INTERRUPTION, INCLUDING INTERRUPTIONS OR ERRORS IN ROUTING OR COMPLETING ANY 911 OR OTHER EMERGENCY RESPONSE CALLS OR ANY OTHER CALLS OR TRANSMISSIONS (EXCEPT FOR CREDITS EXPLICITLY SET FORTH IN THIS AGREEMENT); LOST OR ALTERED MESSAGES OR TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS OR DESTRUCTION OF CUSTOMER'S (OR ITS AFFILIATES', USERS' OR THIRD PARTIES') APPLICATIONS, CONTENT, DATA, PROGRAMS, INFORMATION, NETWORKS OR SYSTEMS. 6.3 Purchased Equipment and Vendor Software Warranty. AT&T shall pass through to Customer any warranties for Purchased Equipment and Vendor Software available from the manufacturer or licensor. The manufacturer or licensor, and not AT&T, is responsible for any such warranty terms and commitments. ALL SOFTWARE AND PURCHASED EQUIPMENT IS OTHERWISE PROVIDED TO CUSTOMER ON AN "AS IS" BASIS. 6.4 Disclaimer of Warranties. AT&T MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON - INFRINGEMENT AND SPECIFICALLY DISCLAIMS ANY WARRANTY ARISING BY USAGE OF TRADE OR BY COURSE OF DEALING. FURTHER, AT&T MAKES NO REPRESENTATION OR WARRANTY THAT TELEPHONE CALLS OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING CALLS TO 911 OR ANY SIMILAR EMERGENCY RESPONSE NUMBER) AND MAKES NO GUARANTEE REGARDING NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR SUBJECT TO LOAD BALANCING OR THAT AT&T'S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF OR IMPROPER ACCESS TO CUSTOMER'S DATA AND INFORMATION. 6.5 Application and Survival. The disclaimer of warranties and limitations of liability set forth in this Agreement will apply regardless of the form of action, whether in contract, equity, tort, strict liability or otherwise, of whether damages were foreseeable and of whether a party was advised of the possibility of such damages and will apply so as to limit the liability of each party and its Affiliates and their respective employees, directors, subcontractors and suppliers. The limitations of liability and disclaimers set out in this Section 6 will survive failure of any exclusive remedies provided in this Agreement. THIRD PARTY CLAIMS 7.1 AT&T's Obligations. AT&T agrees at its expense to defend and either to settle any third -party claim against Customer, its Affiliates and its and their respective employees and directors or to pay all damages that a court finally awards against such parties for a claim alleging that a Service provided to Customer under this Agreement infringes any patent, trademark, copyright or trade secret, but not where the claimed infringement arises out of or results from: (a) Customer's, its Affiliate's or a User's content; (b) modifications to the Service by Customer, its Affiliate or a third party, or combinations of the Service with any non -AT&T services or products by Customer or others; (c) AT&T's adherence to Customer's or its Affiliate's written requirements; or (d) use of a Service in violation of this Agreement. 7.2 Customer's Obligations. Customer agrees at its expense to defend and either to settle any third -party claim against AT&T, its Affiliates and its and their respective employees, directors, subcontractors and suppliers or to pay all damages that a court finally awards against such parties for a claim that: (a) arises out of Customer's, its Affiliate's or a User's access to or use of the Services and the claim is not the responsibility of AT&T under Section 7.1; (b) alleges that a Service infringes any patent, trademark, copyright or trade secret and falls within the exceptions in Section 7.1; or (c) alleges a breach by Customer, its Affiliate or a User of a Software license agreement. 7.3 Infringing Services. Whenever AT&T is liable under Section 7.1, AT&T may at its option either procure the right for Customer to continue using, or may replace or modify, the Service so that it is non -infringing. 7.4 Notice and Cooperation. The party seeking defense or settlement of a third -party claim under this Section 7 will provide notice to the other party promptly upon learning of any claim for which defense or settlement may be sought, but failure to do so will have no effect except to the extent the other party is prejudiced by the delay. The party seeking defense or settlement will allow the other party to control the defense and settlement of the claim and will reasonably cooperate with the defense. The defending party will use counsel reasonably experienced in the subject matter at issue and will not settle a claim without the written consent of the party being defended, which consent will not be unreasonably AT&T and Customer Confidential Information Page 5 of 9 ROME ID 1-5HBJVOM UA PIge118®2&21037 Contract Id: 8542015 MASTER AGREEMENT withheld or delayed, except that no consent will be required to settle a claim where relief against the party being defended is limited to monetary damages that are paid by the defending party under this Section 7. 7.5 AT&T's obligations under Section 7.1 shall not extend to actual or alleged infringement or misappropriation of intellectual property based on Purchased Equipment, Software, or Third -Party Services. 8. SUSPENSION AND TERMINATION 8.1 Termination of Agreement. This Agreement may be terminated immediately upon notice by either party if the other party becomes insolvent, ceases operations, is the subject of a bankruptcy petition, enters receivership or any state insolvency proceeding or makes an assignment for the benefit of its creditors. 8.2 Termination or Suspension. The following additional termination provisions apply: (a) Material Breach. If either party fails to perform or observe any material warranty, representation, term or condition of this Agreement, including non-payment of charges, and such failure continues unremedied for 30 days after receipt of notice, the aggrieved party may terminate (and AT&T may suspend and later terminate) the affected Service Components and, if the breach materially and adversely affects the entire Agreement, terminate (and AT&T may suspend and later terminate) the entire Agreement. (b) Materially Adverse Impact. If AT&T revises a Service Publication, the revision has a materially adverse impact on Customer and AT&T does not effect revisions that remedy such materially adverse impact within 30 days after receipt of notice from Customer, then Customer may, as Customer's sole remedy, elect to terminate the affected Service Components on 30 days' notice to AT&T, given not later than 90 days after Customer first learns of the revision to the Service Publication. "Materially adverse impacts" do not include changes to non -stabilized pricing, changes required by governmental authority, or assessment of or changes to additional charges such as surcharges or taxes. (c) Internet Services. If Customer fails to rectify a violation of the AUP within 5 days after receiving notice from AT&T, AT&T may suspend the affected Service Components. AT&T reserves the right, however, to suspend or terminate immediately when: (i) AT&T's suspension or termination is in response to multiple or repeated AUP violations or complaints; (ii) AT&T is acting in response to a court order or governmental notice that certain conduct must be stopped; or (iii) AT&T reasonably determines that (a) it may be exposed to sanctions, liability, prosecution or other adverse consequences under applicable law if AT&T were to allow the violation to continue; (b) such violation may harm or interfere with the integrity, normal operations or security of AT&T's network or networks with which AT&T is interconnected or may interfere with another customer's use of AT&T services or the Internet; or (c) such violation otherwise presents an imminent risk of harm to AT&T, AT&T's customers or its or their respective employees. (d) Fraud or Abuse. AT&T may terminate or suspend an affected Service or Service Component and, if the activity materially and adversely affects the entire Agreement, terminate or suspend the entire Agreement, immediately by providing Customer with as much advance notice as is reasonably practicable under the circumstances if Customer, in the course of breaching the Agreement: (i) commits a fraud upon AT&T; (ii) uses the Service to commit a fraud upon another party; (iii) unlawfully uses the Service; (iv) abuses or misuses AT&T's network or Service; or (v) interferes with another customer's use of AT&T's network or services. (e) Infringing Services. If the options described in Section 7.3 (Infringing Services) are not reasonably available, AT&T may at its option terminate the affected Services or Service Components without liability other than as stated in Section 7.1 (AT&T's Obligations). (f) Hazardous Materials. If AT&T encounters any Hazardous Materials at the Site, AT&T may terminate the affected Services or Service Components or may suspend performance until Customer removes and remediates the Hazardous Materials at Customer's expense in accordance with applicable law. 8.3 Effect of Termination. (a) Termination or suspension by either party of a Service or Service Component does not waive any other rights or remedies a party may have under this Agreement and will not affect the rights and obligations of the parties regarding any other Service or Service Component. (b) If a Service or Service Component is terminated, Customer will pay all amounts incurred prior to the effective date of termination. 8.4 Termination Charges. (a) If Customer terminates this Agreement or an affected Service or Service Component for cause in accordance with the Agreement or if AT&T terminates a Service or Service Component other than for cause, Customer will not be liable for the termination charges set forth in this Section 8.4. (b) If Customer or AT&T terminates a Service or Service Component prior to Cutover other than as set forth in Section 8.4(a), Customer (i) will pay any pre -Cutover termination or cancellation charges set out in a Pricing Schedule or Service Publication, or (ii) in the absence of such specified charges, will reimburse AT&T for time and materials incurred prior to the effective date of termination, plus any third party charges resulting from the termination. AT&T and Customer Confidential Information Page 6 of 9 ROME ID 1-5HBJVOM UAPIge11872&21037 Contract Id: 8542015 MASTER AGREEMENT (c) If Customer or AT&T terminates a Service or Service Component after Cutover other than as set forth in Section 8.4(a), Customer will pay applicable termination charges as follows: (i) 50% (unless a different amount is specified in the Pricing Schedule) of any unpaid recurring charges for the terminated Service or Service Component attributable to the unexpired portion of an applicable Minimum Payment Period; (ii) if termination occurs before the end of an applicable Minimum Retention Period, any associated credits or waived or unpaid non-recurring charges; and (iii) any charges incurred by AT&T from a third party (i.e., not an AT&T Affiliate) due to the termination. The charges set forth in Sections 8.4(c)(i) and (ii) will not apply if a terminated Service Component is replaced with an upgraded Service Component at the same Site, but only if the Minimum Payment Period or Minimum Retention Period, as applicable, (the "Minimum Period") and associated charge for the replacement Service Component are equal to or greater than the corresponding Minimum Period and associated charge for the terminated Service Component, respectively, and if the upgrade is not restricted in the applicable Service Publication. (d) In addition, if Customer terminates a Pricing Schedule that has a MARC, Customer will pay an amount equal to 50% of the unsatisfied MARC for the balance of the Pricing Schedule Term. 9. IMPORT/EXPORT CONTROL Neither party will use, distribute, transfer or transmit any equipment, services, software or technical information provided under this Agreement (even if incorporated into other products) except in compliance with all applicable import and export laws, conventions and regulations. 10. MISCELLANEOUS PROVISIONS 10.1 Publicity. Neither party may issue any public statements or announcements relating to the terms of this Agreement or to the provision of Services without the prior written consent of the other party. 10.2 Trademarks. Each party agrees not to display or use, in advertising or otherwise, any of the other party's trade names, logos, trademarks, service marks or other indicia of origin without the other party's prior written consent, which consent may be revoked at any time by notice. 10.3 Independent Contractor. Each party is an independent contractor. Neither party controls the other, and neither party nor its Affiliates, employees, agents or contractors are Affiliates, employees, agents or contractors of the other party. 10.4 Force Majeure. Except for payment of amounts due, neither party will be liable for any delay, failure in performance, loss or damage due to fire, explosion, cable cuts, power blackout, earthquake, flood, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism, acts of God, acts of a public enemy, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies or other causes beyond such party's reasonable control. 10.5 Amendments and Waivers. Any supplement to or modification or waiver of any provision of this Agreement must be in writing and signed by authorized representatives of both parties. A waiver by either party of any breach of this Agreement will not operate as a waiver of any other breach of this Agreement. 10.6 Assignment and Subcontracting. (a) Customer may, without AT&T's consent but upon notice to AT&T, assign in whole or relevant part its rights and obligations under this Agreement to a Customer Affiliate. AT&T may, without Customer's consent, assign in whole or relevant part its rights and obligations under this Agreement to an AT&T Affiliate. In no other case may this Agreement be assigned by either party without the prior written consent of the other party (which consent will not be unreasonably withheld or delayed). In the case of any assignment, the assigning party shall remain financially responsible for the performance of the assigned obligations. (b) AT&T may subcontract to an Affiliate or a third party work to be performed under this Agreement but will remain financially responsible for the performance of such obligations. (c) In countries where AT&T does not have an Affiliate to provide a Service, AT&T may assign its rights and obligations related to such Service to a local service provider, but AT&T will remain responsible to Customer for such obligations. In certain countries, Customer may be required to contract directly with the local service provider. 10.7 Severability. If any portion of this Agreement is found to be invalid or unenforceable or if, notwithstanding Section 10.11 (Governing Law), applicable law mandates a different interpretation or result, the remaining provisions will remain in effect and the parties will negotiate in good faith to substitute for such invalid, illegal or unenforceable provision a mutually acceptable provision consistent with the original intention of the parties. 10.8 Injunctive Relief. Nothing in this Agreement is intended to or should be construed to prohibit a party from seeking preliminary or permanent injunctive relief in appropriate circumstances from a court of competent jurisdiction. 10.9 Legal Action. Any legal action arising in connection with this Agreement must be filed within two (2) years after the cause of action accrues, or it will be deemed time-barred and waived. The parties waive any statute of limitations to the contrary. 10.10 Notices. Any required notices under this Agreement shall be in writing and shall be deemed validly delivered if made by hand (in which case delivery will be deemed to have been effected immediately), or by overnight mail (in which case delivery will be deemed to have been AT&T and Customer Confidential Information Page 7 of 9 ROME ID 1-5HBJVOM UAP9ge1J882&21037 Contract Id: 8542015 MASTER AGREEMENT effected one (1) business day after the date of mailing), or by first class pre -paid post (in which case delivery will be deemed to have been effected five (5) days after the date of posting), or by facsimile or electronic transmission (in which case delivery will be deemed to have been effected on the day the transmission was sent). Any such notice shall be sent to the office of the recipient set forth on the cover page of this Agreement or to such other office or recipient as designated in writing from time to time. 10.11 Governing Law. This Agreement will be governed by the law of the State of New York, without regard to its conflict of law principles, unless a regulatory agency with jurisdiction over the applicable Service applies a different law. The United Nations Convention on Contracts for International Sale of Goods will not apply. 10.12 Compliance with Laws. Each party will comply with all applicable laws and regulations and with all applicable orders issued by courts or other governmental bodies of competent jurisdiction. 10.13 No Third Party Beneficiaries. This Agreement is for the benefit of Customer and AT&T and does not provide any third party (including Users) the right to enforce it or to bring an action for any remedy, claim, liability, reimbursement or cause of action or any other right or privilege. 10.14 Survival. The respective obligations of Customer and AT&T that by their nature would continue beyond the termination or expiration of this Agreement, including the obligations set forth in Section 5 (Confidential Information), Section 6 (Limitations of Liability and Disclaimers) and Section 7 (Third Party Claims), will survive such termination or expiration. 10.15 Agreement Language. The language of this Agreement is English. If there is a conflict between this Agreement and any translation, the English version will take precedence. 10.16 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to its subject matter. Except as provided in Section 2.4 (License and Other Terms), this Agreement supersedes all other agreements, proposals, representations, statements and understandings, whether written or oral, concerning the Services or the rights and obligations relating to the Services, and the parties disclaim any reliance thereon. This Agreement will not be modified or supplemented by any written or oral statements, proposals, representations, advertisements, service descriptions or purchase order forms not expressly set forth in this Agreement. 11. DEFINITIONS "Affiliate" of a party means any entity that controls, is controlled by or is under common control with such party. "API" means an application program interface used to make a resources request from a remote implementer program. An API may include coding, specifications for routines, data structures, object classes, and protocols used to communicate between programs. "AT&T Software" means software, including APIs, and all associated written and electronic documentation and data owned by AT&T and licensed by AT&T to Customer. AT&T Software does not include software that is not furnished to Customer. "Customer Personal Data" means information that identifies an individual, that Customer directly or indirectly makes accessible to AT&T and that AT&T collects, holds or uses in the course of providing the Services. "Cutover" means the date Customer's obligation to pay for Services begins. "Effective Date" of a Pricing Schedule means the date on which the last party signs the Pricing Schedule unless a later date is required by regulation or law. "MARC -Eligible Charges" means the recurring and usage charges (including amounts calculated from unpaid charges that are owed under Section 8.4(c)(i)), after deducting applicable discounts and credits (other than outage or SLA credits), that AT&T charges Customer for the Services identified in the applicable Pricing Schedule as MARC -contributing. The following are not MARC -Eligible Charges: (a) charges for or in connection with Customer's purchase of equipment; (b) taxes; and (c) charges imposed in connection with governmentally imposed costs or fees (such as USF, PICC, payphone service provider compensation, E911 and deaf relay charges). "Minimum Payment Period" means the Minimum Payment Period identified for a Service Component in a Pricing Schedule or Service Publication during which Customer is required to pay recurring charges for the Service Component. "Minimum Retention Period" means the Minimum Retention Period identified for a Service Component in a Pricing Schedule or Service Publication during which Customer is required to maintain service to avoid the payment (or repayment) of certain credits, waived charges or amortized charges. "Purchased Equipment" means equipment or other tangible products Customer purchases under this Agreement, including any replacements of Purchased Equipment provided to Customer. Purchased Equipment also includes any internal code required to operate such Equipment. Purchased Equipment does not include Software but does include any physical media provided to Customer on which Software is stored. "Service Component" means an individual component of a Service provided under this Agreement. "Service Publications" means Tariffs, Guidebooks, Service Guides and the AUP. "Site" means a physical location, including Customer's collocation space on AT&T's or its Affiliate's or subcontractor's property, where AT&T installs or provides a Service. "Software" means AT&T Software and Vendor Software. AT&T and Customer Confidential Information Page 8 of 9 ROME ID 1-5HBJVOM UAP9ge1J8@2&21037 Contract Id: 8542015 MASTER AGREEMENT "Third -Party Service" means a service provided directly to Customer by a third party under a separate agreement between Customer and the third party. "Vendor Software" means software, including APIs, and all associated written and electronic documentation and data AT&T furnishes to Customer, other than AT&T Software. AT&T and Customer Confidential Information Page 9 of 9 ROME ID 1-5HBJVOM UA PUge 11,902&21037 s AT&T MANAGED INTERNET SERVICE PRICING SCHEDULE Contract Id: 8542014 AT&T MA Reference No. MA3521468UA AT&T PS Contract ID MIS3521467 Customer AT&T CITY OF BOYNTON BEACH AT&T Corp. Street Address: 100 E BOYNTON BEACH BLVD Name: City: BOYNTON BEACH State/Province: FL Title: Zip Code: 33435 Country: United States Date: Customer Contact (for Notices) AT&T Contact (for Notices) Name: Doug Solomon Name: LIZMARY WHYTE Title: Mr. Street Address: 100 W CYPRESS CREEK RD N/A Street Address: 100 E Boynton Beach Blvd City: FORT LAUDERDALE State/Province: FL City: Boynton Beach Zip Code: 33309 Country: United States State/Province: FL Telephone: 561-568-3964 Zip Code: 334353838 Email: Iw8703@us.att.com Country: United States Sales/Branch Manager: ERIK LINDBORG Telephone: 561-742-6171 SCVP Name: ERIK LINDBORG Email: SolomonD@bbfl.us Sales Strata: Retail Sales Region: SE With a copy (for Notices) to: AT&T Corp. One AT&T Way Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mast@att.com AT&T Solution Provider or Representative Information (if applicable) ❑ Name1: Company Name: Agent Street Address: City: State: Zip Code: Country: Telephone: Fax: Email: Agent Code: This Pricing Schedule is part of the Agreement between AT&T and Customer referenced above. Customer (by its authorized representative) AT&T (by its authorized representative) By: By: Name: Name: Title: Title: Date: Date: AT&T and Customer Confidential Information Page 1 ASAP! MIS Standard 2014 Rate Plan ROME ID 1-5HBJVOM PS MIS 2014 07/27/2016 Page 191 of 1037 1. SERVICES Contract Id: 8542014 AT&T MA Reference No. MA3521468UA AT&T PS Contract ID MIS3521467 AT&T MANAGED INTERNET SERVICE PRICING SCHEDULE Service Service Publication Location AT&T Managed Internet Service (MIS) http://serviceguidenew.att.com/sg_flashPlayerPage/MIS AT&T Bandwidth Services http://serviceguidenew.att.com/sg_flashPlayerPage/BWS 2. PRICING SCHEDULE TERM AND EFFECTIVE DATES Pricing Schedule Term 36 Months Pricing Schedule Term Start Date Effective Date of this Pricing Schedule Effective Date of Rates and Discounts Effective Date of this Pricing Schedule 3. MINIMUM PAYMENT PERIOD Service Components Percent of Monthly Charges Due Upon Termination Minimum Payment Period 56 Kbps Prior to Completion of Minimum Payment Period per Service Component All Service Components 50% Longer of 12 months or until the end of NxT-1 $2,500 the Pricing Schedule Term 4. SERVICE OR SERVICE COMPONENT WITHDRAWAL AT&T may discontinue a Service or Service Component as provided in the applicable Service Guide and in the case of a Service or Service Component that is supplied to AT&T by a third party service provider upon thirty (30) days written notice. 5. RATES (US Mainland, and HI only) Section I: AT&T Managed Internet Service Access Bandwidth - Table 1: DNS Services Option I Undiscounted MRC Additional Prima DNS available in increments of up to 15 zones with a maximum of 150 Kilobytes of zone file data $100 per DNS increment Additional SecondaryDNS available in increments of u to 15 zones with a maximum of 150 Kilobytes of zone file data $100 per DNS increment Table 2: MIS Tele — Installation Discount: 100.00% MIS Speed Undiscounted MIS Installation Fee Undiscounted MIS w/ Managed Router Installation Fee 56 Kbps $1,000 $1,000 128 Kbps - 1.5 Mbps $1,000 $1,000 NxT-1 $2,500 $2,500 Tiered/Full T-3 $5,000 N/A Tiered OC -3, OC -12, OC -48 $10,000 N/A Ethernet $1,500" $1,500**" 10 Gig Ethernet* and u $1,500" $1,500 AT&T and Customer Confidential Information Page 2 ASAP! MIS Standard 2014 Rate Plan ROME ID 1-5HBJVOM PS MIS 2014 07/27/2016 Page 192 of 1037 Contract Id: 8542014 AT&T MA Reference No. MA3521468UA AT&T PS Contract ID MIS3521467 AT&T MANAGED INTERNET SERVICE PRICING SCHEDULE * Service not available with MPLS PNT **Pricing available for MIS speeds of 100 Mbps and below and with electrical interfaces only. # Pricing also applies to Service locations in Alaska Table 3: On -Site Installation Discount: 0.00% MIS Speed Undiscounted MIS w/ Managed Router Only Installation Fee 56 Kbps $999 128 Kbps - 1.5 Mbps $999 NxT-1 $999 Tiered/Full T-3 $1,000 Tiered OC -3, OC -12, OC -48 $10,000 Ethernet $1,500' 10 Gig Ethernet and up $1,500 Nx10Gig Ethernet $3,500 * Pricing also applies to Service locations in Alaska Table 4: Flexible Bandwidth Billing Option — Ethernet` MIS & MIS w/Managed Router Discount: 10.00% Applies to all Tiered Bandwidth Minimum Commitments in this table unless an override discount is indicated. Incremental Usage Fee Discount: 10.00% Applies to all Tiered Bandwidth Minimum Commitments in this table unless an override discount is indicated. Tiered Bandwidth Minimum Commitment Undiscounted MIS MRC Undiscounted MIS w/ I Managed Router MRC Undiscounted Incremental Usage Fee MIS & MIS w/ Managed Router Discount for the following: Incremental Usage Fee Discount for the following: 0.5 Mbps $257 $385 $940 1.0 Mbps $258 $386 $510 1.5 Mbps $259 $387 $380 2 Mbps $260 $388 $355 3 Mbps $261 $389 $340 4 Mbps $262 $390 $325 5 Mbps $263 $391 $270 6 Mbps $264 $392 $250 7 Mbps $265 $393 $245 8 Mbps $266 $394 $235 9 Mbps $267 $395 $230 MIS & MIS w/ Managed Router Discount for the following: 77.00% Incremental Usage Fee Discount for the following: 10 Mbps $268 $396 $198.00 15 Mbps $359 $487 $162.33 20 Mbps $449 $577 $144.25 25 Mbps $542 $670 $134.00 MIS & MIS w/ Managed Router Discount for the following: Incremental Usage Fee Discount for the following: 30 Mbps $633 $761 $126.83 AT&T and Customer Confidential Information Page 3 ASAP! MIS Standard 2014 Rate Plan ROME ID 1-5HBJVOM PS MIS 2014 07/27/2016 Page 193 of 1037 Contract Id: 8542014 AT&T MA Reference No. MA3521468UA AT&T PS Contract ID MIS3521467 AT&T MANAGED INTERNET SERVICE PRICING SCHEDULE 35 Mbps $680 $854 $122.00 40 Mbps $812 $945 $118.13 45 Mbps $817 $950 $105.56 MIS & MIS w/ Managed Router Discount for the following: 77.00% Incremental Usage Fee Discount for the following: 50 Mbps $813 $955 $95.50 60 Mbps $946 $1,100 $91.67 70 Mbps $1,032 $1,200 $85.71 75 Mbps $1,118 $1,300 $86.67 80 Mbps $1,204 $1,420 $88.75 90 Mbps $1,290 $1,500 $83.33 MIS & MIS w/ Managed Router Discount for the following: 77.00% Incremental Usage Fee Discount for the following: 100 Mbps $1,400 $1,555 $77.75 120 Mbps $1,770 $1,937 $80.71 144 Mbps $1,790 $1,960 $68.06 150 Mbps $1,800 $1,965 $65.50 155 Mbps $1,820 $2,020 $65.16 MIS & MIS w/ Managed Router Discount for the following: Incremental Usage Fee Discount for the following: 200 Mbps $2,000 $2,100 $52.50 250 Mbps $2,150 $2,240 $44.80 300 Mbps $2,250 $2,620 $43.67 350 Mbps $2,500 $3,125 $44.64 MIS & MIS w/ Managed Router Discount for the following: Incremental Usage Fee Discount for the following: 400 Mbps $2,700 $3,380 $42.25 450 Mbps $3,000 $3,720 $41.33 500 Mbps $3,500 $4,325 $43.25 550 Mbps $3,650 $4,425 $40.23 600 Mbps $4,096 $4,840 $40.33 622 Mbps $4,117 $5,000 $40.19 MIS & MIS w/ Managed Router Discount for the following: Incremental Usage Fee Discount for the following: 700 Mbps $4,199 $5,240 $37.43 800 Mbps $4,301 $5,440 $34.00 900 Mbps $4,403 $5,540 $30.78 1000 Mbps $4,505 $5,620 $28.10 Pricing also applies to Service locations in Alaska (Override discounts are not applicable to Service locations in Alaska) Table 5: Local Access Local access prices listed below are for orders placed within 12 months of this Pricing Schedule Effective Date ("Local Access Pricing Term"). All local access orders placed after the expiration of the Local Access Pricing Term will be treated on an individual case basis, and set out in a Pricing Addendum signed by the parties or an AT&T order form signed by Customer and accepted by AT&T, as applicable. NPA/NXX Location I Access Local Access Non -Recurring Charge I Local Access Net Monthly Recurring I Bandwidth Charge AT&T and Customer Confidential Information Page 4 ASAP! MIS Standard 2014 Rate Plan ROME ID 1-5HBJVOM PS MIS 2014 07/27/2016 Page 194 of 1037 Contract Id: 8542014 AT&T MA Reference No. MA3521468UA AT&T PS Contract ID MIS3521467 AT&T MANAGED INTERNET SERVICE PRICING SCHEDULE Section II: Additional Service Fees Moving Fee (during hours) 7 $1,000 per location' Additional Moving Fee (outside standard operating hours — 8:00 a.m. to 5:00 p.m. Monday through Friday) I Additional $500 per location' *Subject to availability, pricing also applies to Service locations in Alaska This is the last page of the Pricing Document. AT&T and Customer Confidential Information Page 5 ASAP! MIS Standard 2014 Rate Plan ROME ID 1-5HBJVOM PS MIS 2014 07/27/2016 Page 195 of 1037 2080 High Ridge 561364 Rd, Boynton MIS Ethernet $0.00 $680.40 Beach, FL, US, Access 50 Mbps 33426 Section II: Additional Service Fees Moving Fee (during hours) 7 $1,000 per location' Additional Moving Fee (outside standard operating hours — 8:00 a.m. to 5:00 p.m. Monday through Friday) I Additional $500 per location' *Subject to availability, pricing also applies to Service locations in Alaska This is the last page of the Pricing Document. AT&T and Customer Confidential Information Page 5 ASAP! MIS Standard 2014 Rate Plan ROME ID 1-5HBJVOM PS MIS 2014 07/27/2016 Page 195 of 1037 <"ou-{ oul lol asuald suotlsonb XUB annq noX pinoLlS `,�llllgnlla.L oql osl=aaoui PUB sfulrtns lsoo ogl3o aUnlunnpn ayes of ungi uosuoj j;Dglo ou xo331 olgissod su uoos su ltnarlo aql 0A0UI am lBgl uollupuoww000a Xw st 1► `uolsnlouoa ti l •S uolIBIS aJlg of HUH l:) UJOJJ lnlo:ua gZCId ina3o uollnoolai oql puu llemaalq oostJ mau n3o osngojnd palo�pnq aql tlltm aploutoo ll! m ltnollo s!gl3o uotlnllnlsul aqI a -owtlumop 3o lsoo ogl snld uoti0ii!w xo3 siellop3o spunsnogl3o sual3o lsoo n ut llnsoi pinoo aatn-Las scgl'utAeq ION -00S X[alnu ixoiddn ao3 uollnprllu[ ,filalulPoWLul ao3 .LNIV louluoo of sn mollis lllm aotnezos sigl `sn of uadd-al slgl pinogs -uopoun3 ti of Align oql sldnistp ll ingl l tod aql of olyull gltm popool3 aju s*l.tomlau cll paxalst ax oiz)gm sl slq L '(aol,uas 3o 0 lnluacl paanglaasiCI) soCICI su umoul sl ingm Ruipnloui `s)lomlt,-j;DgXo jopun 2utuao3,SllulsuaJout on sluatuliudo(j aorlod 0 -poods ul osnaaoul un oos pinogs saopuodsoN lsjij pun ogjuil Njomlou ql[m S uollnls rn NIA of 119 ,�JlD uio.i3 u01100uu00 aql pooh lou llt.AA am `g UOIJB1S aat,d In olnumuol 1pm ltnoaao mau sigl aouts '� uotluiS oiiA In joluao nlnp aql In oplsoi (puw3 `saojnosand fio,wolq pojugs `SWN/CIVD) ssaoou siopuodsoN lsjij saoanosaj 11V * 0 'asogl3o /�rjofeua oql alnuturtla Illm S uotlniS oat,q In olnutuuol llnolio sigl Outnnll -ojnitn33o luiod lntlualod n Oulluasoidoi Ljno `salgro pun sllnma.jj `sogoltms oldillntu g nojgl suns S uallnlS ;)." J 01 11nH /S41D Lu0J3 to 01 ualnl glad fiomiou oql `aptsu suJaouoo .zamo,d o ',�laloulaa sooinosaj 130mlau pun sW2l/c[vD of loouuoo of Xltllgn aql osol lllm s.zapuodsO-d lsJ[,4 uagl c uotlulS aJld puu 11n11 44io uaamlaq uoildnnolu► r141ng3auu03 -10 llnH XVJ 01 ssol aomod /Cuu aq a.zagi pinogs mogllulN aunol-unH �3upnp p01an0ostp sum sy'l[nI1 ll al pasoddo sr S uoilui a.zlq in alnuluu.lal lllm ltnzwo Am s►gl a ,�em.iopun slay loofold amnbS umo L aql su ,�11univana partoW oq of peau lllm ltnoato sigl : lumoijimadp •gluow wad 6'8' lLS$3o s'Sutnns n aq lltm slgI 'lf6tZO e3SL-S9 lonlluoD bSJ agl3o OL alnpagoS'dSJulzl[lln gluoul rad I 1 116$30lsoo lnlol a ao3 lullolluouu (aotn.ros 3o lmuo(] painglals[G) SOGG antlaeaN sn um0uJ sr ingm apnlout pun `ltnomo puooas .god gWOZ u Qq llrm llnom mau aqj r luasi, 'itnoito sigl 5ulllBlsut 01 saFnlunnpn leuoplondo pun leosl3 Xunw on, a,Laq L 'sluoulliedo(j oii_4 pun e0110d agl uaomloq X11onba lllds `gluow nd cWtS slsoa pun 11UH XalD In salnutuuoi `puooas and gWOI 3:o glptmpunq n snq `,L j_V Xq pouuum sl ltnano sigl 'Xlalowoa S*101"lau (11 pun Cid aql ssaoa» / lRlowax of sippuodsa-d lsatj Oulmolln (NJIN) �aom40NBpt:loldXW uzox3 ,slcrlOJID lauIalul po&uunW,, n sn u,AauN sl calm saa_ipin luPLuvnda(] aollod agl,Slluaaano -lsonbaj npuaOV uotssiwwoo ,111,0 ut,�undw000n oqi pue `IWLV uloa3 Ximoir.) lowolul polumpaQ mau n3o umlellulsul oql Jo3 uotlnoupsnfsn antras aallol Janoo slgl 101 asna[cl L I OZ/� 1/60 3ivo saDBulelti SPOTA37S C130lugaaj r 08 uowoloS u1poCl linoiiD 3ouralul .L`f8IV =G q pueuGu 0DJ0 UMgD PIA 01 zle}l 3aI Ll 3 I= AT&T SECURE NETWORK GATEWAY SERVICES AT&T MANAGED SECURITY SERVICES AT&T CLOUD WEB SECURITY SERVICES PRICING SCHEDULE Contract Id: 8546095 AT&T MA Reference No. NON MA Customer AT&T City of Boynton Beach AT&T Corp 100 E BOYNTON BEACH BLVD Name: BOYNTON BEACH Title: FL Date: 33435 United States of America Customer Contact (for Notices) AT&T Contact (for Notices) ❑ Primary AT&T Contact Name: Doug Solomon Name: Nancy Vinez Title: Technical Services Manager 11760 US Highway 1 100 E BOYNTON BEACH BLVD North Palm Beach BOYNTON BEACH FL FL 33408 33435 United States of America United States of America Telephone: 5615683971 Fax: Telephone: 5617426171 Email: nv5238@att.com Fax: Sales/Branch Manager: Esperanzo Diaz -Bello Email: solomond@bbfl.us SCVP Name: Customer Account Number or Master Account Number: NON MA Sales Strata: Government, Education, Medical Sales Region: United States With a copy (for Notices) to: AT&T Corp. One AT&T Way Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mast@Latt.com AT&T Solution Provider or Representative Information (if applicable) ❑ Name: Telephone Fax: Email: Agent Code This Pricing Schedule is part of the Agreement between AT&T and Customer referenced above. Customer its authorized representative) AT&T b its authorized representative) —(by By: By: Name: Name: Title: Title: Date: Date: (MA XI, UAI, or UAII) AT&T and Customer Confidential Information September 2017 no_epcs_processed Page 1 of 5 Page 197 of 1037 AT&T SECURE NETWORK GATEWAY SERVICE AT&T MANAGED SECURITY SERVICES AT&T CLOUD WEB SECURITY SERVICES PRICING SCHEDULE 1. SERVICES Contract Id: 8546095 AT&T Secure Network Gateway Services (SNG) Service Publication Location • AT&T Distributed Denial Of Service (DDOS) as described in this Pricing Schedule in Exhibit C http://serviceguidenew.att.com/sg_flashPlayerPage/SNG 500/c 2. PRICING SCHEDULE TERM AND EFFECTIVE DATES Pricing Schedule Term 36 months Pricing Schedule Term Start Date First day of first full billing cycle following implementation of this 500/c Pricing Schedule in AT&T's billing system Effective Date of Rates and Discounts Effective Date of this Pricing Schedule 3. MINIMUM PAYMENT PERIOD Service Components Percent of Monthly Service Fees Due Upon Termination Prior to Completion of Minimum Payment Periodt Minimum Payment Period per Service Component* All Service Components 500/c Longer of 12 months or until the 120 days and Terminate a Service Component end of the Pricing Schedule Term tTermination Charges will be based on the net change in monthly service fees if Customer downgrades a Service Component. *Does not apply if Customer terminates a Service within thirty (30) calendar days after the date that same Service is first provisioned and made available for use. 4. NOTIFICATION PERIOD Service and Service Component Withdrawals during Pricing Schedule Term Prior Notice Required from AT&T to Withdraw 12 months and Terminate a Service Page 2 of 5 Prior Notice Required from AT&T to Withdraw 120 days and Terminate a Service Component 5. ADDITIONAL TERMS AND CONDITIONS 5.1. Compliance with Laws When using the Service, Customer is responsible for, designs and sets all filtering and interception policies (Security Policies). AT&T undertakes only to implement the Security Policies. As between AT&T and Customer, Customer is solely responsible for obtaining and complying with the authorizations, licenses and permissions required by law for use of the Service and to notify and obtain consents from end users for implementation of the Security Policies regarding interception and/or monitoring of communications, including email and Internet use. Customer agrees to and to secure end-user agreement to provide reasonable cooperation with AT&T in connection with responses to requests or requirements of a regulator, authority or other competent governmental body concerning the Service. 5.2. Taxes AT&T intends to charge and collect taxes based on the delivery of any Third Party Software, Maintenance, and AT&T Services to the address provided above for Customer. For the avoidance of doubt, Customer acknowledges and agrees that it will be responsible for all taxes (including associated interest and penalties) arising from or relating to any distribution or delivery of any Third Party Software, Maintenance, or AT&T Services by Customer to (or otherwise any use by) any [affiliate] or [end user] of Customer. (MA XI, UAI, or UAII) AT&T and Customer Confidential Information September 2017 no_epcs_processed Page 2 of 5 r clyu IJV VI IVJ/ Contract Id: 8546095 AT&T SECURE NETWORK GATEWAY SERVICE AT&T MANAGED SECURITY SERVICES AT&T CLOUD WEB SECURITY SERVICES PRICING SCHEDULE 5.3. Country Currency for the Bundle: USD 5.4. Additional Bundle Discount The Bundled Discount applies to Monthly Recurring Charges only and requires purchase of at least two (2) Services under this Pricing Schedule. 5.5. Abbreviations For purposes of this Pricing Schedule Monthly Recurring Charge shall be referred to as MRC, Non -Recurring Charge shall be referred to as NRC and Annual Recurring Charges shall be referred to as ARC. (MA XI, UAI, or UAII) AT&T and Customer Confidential Information September 2017 no_epcs_processed Page 3 of 5 r clyu IJJ VI IVJ/ Contract Id: 8546095 AT&T SECURE NETWORK GATEWAY SERVICE AT&T MANAGED SECURITY SERVICES AT&T CLOUD WEB SECURITY SERVICES PRICING SCHEDULE AT&T DISTRIBUTED DENIAL OF SERVICE (DDOS) DEFENSE SERVICE RATES EXHIBIT C 7. AT&T DISTRIBUTED DENIAL OF SERVICE (DDOS DEFENSE SERVICE RATES) 7.1. Service Components Service Component Undiscounted Discount Discounted Additional MRC after (Service Level) MRC $5,000.0000 MRC Bundle Bundle Mitigation charge per instance $710.00 300/c $497.0000 Discount Discount DDoS Defense Shared Reactive Service per circuit fee Reactive service supporting from 10Mbps up to $140.00 30% $98.0000 8% $90.1600 but not including 100Mbps circuit Reactive service supporting from 100Mbps up $430.00 30% $301.0000 8% $276.9200 to 1 Gbps circuit 7.2. Mitigation Usage Charges Service Component Undiscounted Usage Discount Charge per Occurrence Discounted Usage Charge per Occurrence Service Level Page 4 of 5 Expedited Provisioning $5,000.00 0% $5,000.0000 Mitigation Usage Charges Mitigation charge per instance $710.00 300/c $497.0000 (MA XI, UAI, or UAII) AT&T and Customer Confidential Information September 2017 no_epcs_processed Page 4 of 5 r clyu GVV VI IVJ/ Contract Id: 8546095 AT&T SECURE NETWORK GATEWAY SERVICE AT&T MANAGED SECURITY SERVICES AT&T CLOUD WEB SECURITY SERVICES PRICING SCHEDULE AT&T DISTRIBUTED DENIAL OF SERVICE (DDOS) DEFENSE SERVICE RATES EXHIBIT C 8. CUSTOMER'S INITIAL ORDER This section describes the services the customer has ordered as of the pricing schedule effective date at the prices set forth in previous sections 8.1. AT&T DISTRIBUTED DENIAL OF SERVICE 8.1.1. Recurring Features Service Component Quantity (Service Level) DDoS Defense Shared Reactive Service per circuit fee Reactive service supporting from 10Mbps up to but not 1 including 100Mbps circuit 9. Summary of Charges for Initial Order Service Monthly Recurring Non -Recurring Charges Charges less Discount* less Discount AT&T Distributed Denial of Service $98.00 $0.00 *Charges do not reflect the SNG bundle discount, if applicable (MA XI, UAI, or UAII) AT&T and Customer Confidential Information September 2017 no_epcs_processed Page 5 of 5 r clyu GV I VI IVJ/ AT&T Business Solutions Floor 3, West Tower 11760 US Highway One North Palm Beach, FL 33408 Doug Solomon Technical Services Manager Boynton Beach Police Department Dear Doug, ME, September 25, 2017 Attached you will find an AT&T Master Services Agreement and Pricing Schedules for Managed Internet Service and Reactive Denial of Service. Below is pricing for both services under a 36 - month term. For pricing purposes, the AT&T Corp. GSA Schedule contract GS -35F-0249) is hereby included by reference into this quotation. AT&T Managed Internet Access Monthly 50MB Access $680.40 20MB Port with router $132.71 Total $813.11 AT&T Reactive DDoS Service Monthly Reactive DDoS charge per circuit $98.00 Per mitigation instance charge - $497.00 charged every time mitigation is activated - Total Monthly for Managed Internet Service and Reactive DDoS: $911.11 Please let us know if you have any questions. Best regards, Nancy Nancy M. v'nez Strategic Accoun a eager. Florida Government & Education I AT&T Business Solutions 11760 US Highway One Floor 3 West TowerlNorNort iia Ian Beach, FL 33408 Office. 561-77 -424 i 1 Dell. 561-568-3971 ax. 205-402-7571 email. nancy.vinezAatt.com Connect people with their world, everywhere they live and work and do it better than anybody else. Page 202 of 1037 6.G. CONSENTAGENDA 10/17/2017 REQUESTED ACTION BY COMMISSION: Authorize utilizing the State of Florida Contract No. 46000000-15-1, Defense Products, for the purchase of police equipment and ammunition with Lou's Police and Security Equipment of Hialeah, FL for an estimated annual expenditure of $90,000. The State of Florida procurement process satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: State Contract Term: October 1, 2015 to September 30, 2018 This approval will allow for the purchase of police equipment and ammunition. The ammunition is necessary for conducting departmental training and qualifications per Florida Department of Law Enforcement (FDLE) regulations. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? In addition to providing our officers with life saving equipment, this will allow us to provide training that will enhance our endeavor to provide effective, efficient and impartial services to the community. FISCAL IMPACT: Budgeted The department has an approved budget for ammunition and police supplies of $90,000.00. Fiscal Year 2017 expenditures were approximately $65,000 ALTERNATIVES: Not approve utilizing the contract and the City could issue its own bid. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 203 of 1037 ATTACHMENTS: Type D Contract D Attachment D Attachment Description Summary of State Contract with Lou's State of FL Contract Vendors on State Contract Page 204 of 1037 Attachment F — ITB No. 19-46000000-N 2015 Defense Products State of Florida Vendor Information Form RESPONDENT NAME: I Lou's Police Distributors, Inc. RESPONDENT FEID NO.: 126-0472002 STREET ADDRESS: 17815 West 4th Ave CITY, STATE and ZIP: I Hialeah, FL 33014 INTERNET ADDRESS: I www.lousr)olice.com TELEPHONE NO.: 305-416-0000 TOLL-FREE NO.: 800-914-2677 FAX NO.: 305-824-205 Person Responsible For Administering The Contract NAME: Linda Riccobono TITLE: President STREET ADDRESS: 7815 West 4th Ave CITY, STATE and ZIP: Hialeah, FL 33014 E-MAIL ADDRESS: sales&louspolice.com TELEPHONE NO.: 305-416-0000 TOLL-FREE NO.: 800-914-2677 CELL PHONE NO.: FAX NO.: 305-824-205 ul REMIT -TO: Lou's Police Distributors, Inc. REMIT -TO STREET 7815 West 4th Ave ADDRESS: REMIT -TO CITY, STATE Hialeah, FL 33014 and ZIP CODE: REMIT -TO EMAIL and/or sales&louspolice.com INTERNET ADDRESS: www.louspolice.com Page 1 of 1 Page 205 of 1037 Defense Products / State Term Contracts / State Contracts and Agreements / Vendor Information / State Purchasing / Business Operations / Florida Department of Management Services - DMS FI-�&ir34ERrMEhCT DMS CUSTOMER SATISFACTION SURVEY I SITE MAP I CONTACT DMS I MYFLORIDAHOME SERVIUSi serve thaw aA. serve F[ d. i 7 I ! Florida Deoartment of Manaaement Services > Business Ooerations > State Purchasina > Vendor Information > State Q Search Current Location - Contracts and Acreernenis > State Term Contracts > Defense Products Return to State Contracts and Agreements << Return Defense Products 46000000-15-1 Effective Period 10/01/2015 through 09/30/2018 Contract Type State Term Contract Contract Contractors Information Pricin ('+, 160.89 KB) Frequently Asked Questions Contract Amendments and Memorandums Documents PDF (I; 1.45 MB) Word ( z'; 303.62 KB) Contract Jessica Koburaer Administration 850-922-1214 Jessica. Koburaera dms.mvflorida.com Commodity UNSPSC-46101600, UNSPSC-46101601, UNSPSC-46101700, UNSPSC-46101800, UNSPSC- Codes 46151500, UNSPSC-46151501, UNSPSC-46151502, UNSPSC-46151503, UNSPSC-46151504, UNSPSC-46151506, UNSPSC-46151600, UNSPSC-46151601, UNSPSC-46151602, UNSPSC- 46182500, UNSPSC-46201000 Description This state term contract covers equipment in 9 groups including: restraints, pepper/oc spray, training equipment, riot gear, grenades, and ammunition. The contract is awarded to 8 contractors for a wide array of Manufacturers and Brands. Benefits • Discounts range from 3 percent to 52 percent off of list price (MSRP). • Additional discounts may be available for large quantity orders. Call the vendor for a quote. • Delivery at lowest rates and must meet requirements of Section 403.7191, of Florida Statutes. • Statewide coverage. • Wide product selection with 30 Brands/Manufacturers on contract. • Manufacturer's standard warranty coverage. • Pricing tied to the Producer Price Index to keep current with market. Document reader download links xrl MS Excel Viewer j 4 Adobe PDF Reader w,' MS Word Viewer Page 206 of 1037 http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/state_contracts_and_agreements/state_term_contracts/defense_products[7/13/2016 12:06:05 PM] Contractors / Defense Products / State Term Contracts / State Contracts and Agreements / Vendor Information / State Purchasing / Business Operations / Florida Department of Management Services - DMS FI-�&ir34ERrMEhCT DMS CUSTOMER SATISFACTION SURVEY I SITE MAP I CONTACT DMS I MYFLORIDAHOME SERVICVSi:; serve thaw aA. serve %rata I 7 i ! Florida Deoartment of Management Services > Business Ooeratlons > State PurchaslnCa > Vendor Information > State 0 Search Current Location - Contracts and Acreernenis > State Term Contracts > Defense Products > Contractors -------------------------------------- << Return Defense Products Defense Products Amendments and 46000000-15-1 Memorandums Contractors Price Sheets- Pricing FregUently Asked Cuaestions Complete Contract - PESF Complete Contract - Word Return to State Contracts and Agreements Contractors Page 207 of 1037 http://www.dms.myflorida.com/business_operations/state purchasing/vendor_information/state_contracts_and_agreements/state_ term_contracts/defense_products/contractors[7/13/2016 12:08:24 PM] Florida Climate Utilizes Recycled Coverage Name CBE Code Friendly Authorized Products Area Preferred Resellers Products Commonwealth 0 - Not Specified Not Specified Not Specified Not Specified Statewide Ammunition, I...I...0 Gulf States 0 - Not Specified Not Specified Not Specified Not Specified Statewide Distributors. Inc. Lawmen's and 0 - Not Specified No No No Statewide Shooter's SuDaly. Inc. I ou's Police A - Non -Minority Not Specified Not Specified Not Specified Statewide Distributors. Inc. Safariland. LLC A - Non -Minority No No Yes Statewide Security A - Non -Minority No No No Statewide Lguiument Cgr�agration SRT Suva. Iv. Inc. 0 - Not Specified Not Specified Not Specified Not Specified Statewide 3=S Q 0 - Not Specified Not Specified Not Specified Not Specified Statewide International. Inc. Page 207 of 1037 http://www.dms.myflorida.com/business_operations/state purchasing/vendor_information/state_contracts_and_agreements/state_ term_contracts/defense_products/contractors[7/13/2016 12:08:24 PM] 6.H. CONSENTAGENDA 10/17/2017 REQUESTED ACTION BY COMMISSION: Authorize utilizing the NASPO ValuePoint contract 2016-182, for the purchase of body armor with Lou's Police and Security Equipment of Hialeah, FL for an estimated annual expenditure of $85,000. The NASPO procurement process satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: Naspo Valuepoint Term: March 26, 2016 to March 16, 2018 This approval will allow for the purchase of police equipment, body armor (expired vests of 5 years and new hires). Body armor includes bullet proof vests, active shooter plates and ballistic helmets for all personnel and SWAT team members. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? In addition to providing our officers with life saving equipment, this will allow us to provide training that will enhance our endeavor to provide effective, efficient and impartial services to the community. FISCAL IMPACT: Budgeted The department has an approved budget for body armor of $85,000.00. Fiscal Year 2017 expenditures were approximately $60,000.00 for body armor from two separate vendors. ALTERNATIVES: Not approve utilizing the contract and the City could issue its own bid. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 208 of 1037 ATTACHMENTS: Type D Contract d 104 IN M-1 Description Naspo Valuepoint Contract Vendors on Naspo Contract Page 209 of 1037 CM5 #88375 NASPO A �` aln',"' NASPO ValuePoint Master Agreement Terms and Conditions For Body Armor Products A Contract for the NASPO ValuePoint Cooperative Purchasing Program Acting by and through the State of Colorado (Lead State) Department of Personnel & Administration State Purchasing & Contracts Office 1525 Sherman Street, 3'd Floor Denver, Co 80203 And KDH Defense Systems, Inc. 750A Fieldcrest Rd. Eden, NC 27288 Master Agreement Number: 2016-182 Page 210 of 1037 CMS #88375 TABLE OF CONTENTS I. NASPO VALUEPOINT MASTER AGREEMENT OVERVIEW..................................................3 II. DEFINITIONS......................................................................................................................................3 1I1. NASPO VALUEPOINT PROGRAM PROVISIONS.......................................................................5 IV. STATEMENT OF WORK.................................................................................................................. 9 V. ADMINISTRATION OF ORDERS.................................................................................................12 VI. GENERAL PROVISIONS................................................................................................................14 EXHBIT A - ON-SITE RESPONSE TIME.....................................................................................1-A EXHBIT B -SAMPLE NASPO VALUEPOINT DETAILED SALES DATA REPORT ........... 1-B ATTACHMENT 1-- DISTRIBUTOR FORM.................................................................................1-C Page 211 of 1037 I. NASPO VALUEPOINT MASTER AGREEMENT OVERVIEW A. Parties This Master Agreement is entered into by and between the State of Colorado, acting by and through the Department of Personnel & Administration State Purchasing & Contracts Office (hereinafter called the "Lead State"), and KDH Defense Systems, Inc. (hereinafter called "Contractor"), for the procurement of Body Armor Products for the benefit of Participating Entity's and Purchasing Entities. The Contractor and the Lead State herby agree to the following terms and conditions. B. Effective Date This Master Agreement shall not be effective or enforceable until the date on which it is approved and signed (hereinafter called the "Effective Date") by the Colorado State Controller or designee. C. Master Agreement Order of Precedence 1) Any Order placed under this Master Agreement shall consist of the following documents: a) A Participating Entity's Participating Addendum ("PA")-, b) NASPO ValuePoint Master Agreement Terms & Conditions; c) A Purchase Order issued against the Master Agreement; d) The Solicitation, RFP -NK -15-001 Body Armor Products, and e) Contractor's response to the Solicitation, as revised (if permitted) and accepted by the Lead State. 2) These documents shall he read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contractor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and shall be in writing and attached to this Master Agreement as an Exhibit. D. Term of the Master Agreement 1) Initial Term -Work Commencement. The Panics' respective performances under this Master Agreement shall commence on the Effective Date. This Master Agreement shall terminate on March 15, 2018, unless terminated sooner, as specified in §VI(J) (Defaults and Remedies), or extended further as specified in §I(D)(2) below. 2) Extension of Agreement. This Master Agreement may be extended beyond the original Contract period for up to three (3) consecutive one (1) year additional terms, upon the mutual agreement of the Lead State and Contractor, by written Amendment. The total duration of the Master Agreement, including any extensions, shall not exceed rive (5) years. 3) Amendments. The terms of this Master Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever without prior written approval of the Lead State. II. DEFINITIONS A. Acceptance means a written notice from a Purchasing Entity to Contractor advising Contractor that the Product has passed its Acceptance Testing. Acceptance of a Product for which Acceptance Testing is not required shall occur following the completion of delivery, installation, if required, and a reasonable time for inspection of the Product, unless the Purchasing Entity provides a written notice of rejection to Contractor. B. CPL means the Certified Product List. C. Contract means an agreement consisting of attachments and any Orders issued in connection therewith, and any future modifying agreements, exhibits, attachments or references incorporated herein, pursuant to State law and fiscal rules. D. Contractor or Supplier means the person or entity delivering Products or performing Services under the terms and conditions set forth in this Master Agreement. E. Distributor means an entity that purchases Products, takes title, stocks, maintains inventory, Resells the Product to end-users and has the ability to do on-site measurements. Page 3 of 21 Body Amor Products AFP -NK -15-001. NASPO ValuePoint Master Agreement Terms and Conditions Page 212 of 1037 ICTJ F. Free on Board (FOB) Destination means the Contractor is responsible for transportation and handling charges and the sale does not occur until the Goods arrive at the Purchasing Entity's specified location. G. Goods means any movable material acquired, produced, or delivered by Contractor, and shall include any movable material acquired, produced, or delivered by Contractor in connection with the Services. H. Inside Delivery refers to a delivery to a location other than a loading dock, front lobby, or reception area. I. Intellectual Property means any and all patents, copyrights, service marks, trademarks, trade secrets, trade names, patentable inventions, or other similar proprietary rights, in tangible or intangible form, and all rights, title, and interest therein. J. Lead State means the State centrally administering any resulting Master Agreement(s). K. Lot Number means an identification number, typically found on the outside of packaging, which is assigned to a particular quantity or lot of material from a single Manufacturer. L. Manufacturer means a company that, as its primary business function, designs, assembles, and owns the trademark/patent and markets a Product. Also referred to as a Contractor. A Master Agreement means the underlying agreement executed by and between the Lead State, acting on behalf of the NASPO ValuePoint program, and the Contractor, as now or hereafter amended. N. NASPO ValuePoint is the NASPO Cooperative Purchasing Organization LLC, doing business as NASPO ValuePoint, a 501(c)(3) limited liability company that is a subsidiary organization the National Association of State Procurement Officials (NASPO), the sole member of NASPO ValuePoint. NASPO ValuePoint facilitates administration of the NASPO cooperative group contracting consortium of state chief procurement officials for the benefit of state departments, institutions, agencies, and political subdivisions and other eligible entities (i.e., colleges, school districts, counties, cities, some nonprofit organizations, etc.) for all states and the District of Columbia. NASPO ValuePoint is identified in the Master Agreement as the recipient of reports and may perform Contract administration functions relating to collecting and receiving reports as well as other Contract administration functions as assigned by the Lead State. 0. NIJ means the National Institute of Justice. P. Order or Purchase Order means any Purchase Order, sales order, Contract or other document used by a Purchasing Entity to order the Products. Q. Participating Addendum means a bilateral agreement executed by a Contractor and a Participating Entity incorporating this Master Agreement and any other additional Participating Entity specific language or other requirements, e.g. ordering procedures specific to the Participating Entity, other terms and conditions. R. Participating Entity means a state, or other legal entity, properly authorized to enter into a Participating Addendum. S. Participating State means a state, the District of Columbia, or one of the territories of the United States that is listed in the Request For Proposal as intending to participate. A Participating State is not required to participate through execution of a Participating Addendum. Upon execution of the Participating Addendum. a Participating State becomes a Participating Entity. T. Product means any equipment, software (including embedded software), documentation, service or other deliverable supplied or created by the Contractor pursuant to this Master Agreement. The term Products, supplies and Services, and Products and Services are used interchangeably in these terms and conditions. U. Product Category means the type of Products that the Contractor is authorized to provide under this Master Agreement. Page 4 of 21 Body Armor Products RFP -NK -15-001, NASPO Valuel'Gint Master Agreement Terms and Conditions Page 213 of 1037 V. Purchasing Entity means a state, city, county, district, other political subdivision of a State, and a nonprofit organization under the laws of some states if authorized by a Participating Addendum, who issues a Purchase Order against the Master Agreement and becomes financially committed to the purchase. W. Resell means any payment in exchange for transfer of tangible Goods, or assignment of the right to Services. X. Services mean the Services to be performed by Contractor, and shall include any Services to be rendered by Contractor in connection with the Goods. Y. Solicitation is a written offer by the Lead State to purchase Goods and/or Services through an official proposal, evaluation and award process. Z. Subcontractor means an individual or a business that signs a contract with the Contractor to perform part or all of Contractor's obligations under the Master Agreement. AA. Threat Level means the rated level of protection, according to Section 2 of the NU Standard 010 1.06. A. Price and Rate Guarantee Period 1) The Product and Price List identifies a complete listing of all Products the Contractor can provide under this Master Agreement 2) All prices and rates on the Product and Price List must be guaranteed for the first twelve (12) months of the Master Agreement. however, Contractor may decrease its Product pricing and/or increase its discount rate, at any time. 3) Following the initial twelve (12) month period. any requests for price or rate increases must be for an equal guarantee period, and must be made at least thirty (30) days prior to the requested effective date. Requests for price or rate increases must include sufficient documentation supporting the request. Any adjustment or amendment to the Master Agreement shall not be effective unless approved by the Lead Stale. No retroactive adjustments to prices or rates will be allowed, unless the pricing is decreased. 4) Contractor may update their Products on the Product and Price List once per calendar quarter, by submitting a new Product and Price List to the Lead State for approval. Product modifications, additions and/or deletions shall not be effective unless approved by the Lead State. 5) Contractor is only authorized to provide Products that are awarded under this Master Agreement, as referenced in §W( )(Product Category). 6) Pricing must include all delivery, shipping and service costs associated with the Product. B. Participants and Scope 1) Contractor may not deliver Products under this Master Agreement until a Participating Addendum acceptable to the Participating Entity and Contractor is executed. The NASPO ValuePoint Master Agreement Terms and Conditions are applicable to any Order by a Participating Entity (and other Purchasing Entities covered by their Participating Addendum), except to the extent altered, modified, supplemented or amended by a Participating Addendum. By way of illustration and not limitation, this authority may apply to unique delivery and invoicing requirements, confidentiality requirements, defaults on Orders, governing law and venue relating to Orders by a Participating Entity, indemnification, and insurance requirements. Statutory or constitutional requirements relating to availability of funds may require specific language in some Participating Addenda in order to comply with applicable law. The expectation is that these alterations, modifications, supplements, or amendments will be addressed in the Participating Addendum or, with the consent of the Purchasing Entity and Contractor, may be included in the ordering document (e.g. Purchase Order or Contract) used by the Purchasing Entity to place the Order. 2) Use of specific NASPO ValuePoint cooperative Master Agreements by state agencies, political subdivisions and other Participating Entities (including cooperatives) authorized by individual state's statutes to use state Contracts are subject to the approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the respective State Chief Procurement Official. ir-MEM Body Armor Products AFP -NK -15.001, NASPO ValuePoint Master Agreement Terms and Conditions Page 214 of 1037 3) Obligations under this Master Agreement are limited to those Participating Entities who have signed a Participating Addendum and Purchasing Entities within the scope of those Participating Addenda. Financial obligations of Participating States are limited to the Orders placed by the departments or other state agencies and institutions having available funds. Participating States incur no financial obligations on behalf of political subdivisions. Contractor shall email a fully executed PDF copy of each Participating Addendum to PA@wsea-naspo.org to support documentation of participation and posting in appropriate data bases. 4) NASPO Cooperative Purchasing Organization LLC, doing business as NASPO ValuePoint, is not a party to the Master Agreement. It is a nonprofit cooperative purchasing organization assisting states in administering the NASPO cooperative purchasing program for state government departments. institutions, agencies and political subdivisions (e.g.. colleges, school districts, counties, cities, etc.) for all 50 states. the District of Columbia and the territories of the United States. 5) Participating Addenda shall not be construed to amend the following provisions in this Master Agreement between the Lead State and Contractor, and any such language shall be void and of no effect: a) Term of the Master Agreement; b) Amendments: c) Participants and Scope, d) Administrative Fee; e) NASPO ValuePoint Summary and Detailed Usage Reports; r) NASPO ValuePoint Cooperative Program Marketing and Performance Review; g) NASPO ValuePoint eMarket Center; h) Right to Publish; i) Price and Rate Guarantee Period-, and j) Individual Customers 6) Participating Entities who are not states may under some circumstances sign their own Participating Addendum, subject to the approval of participation by the Chief Procurement Official of the state where the Participating Entity is located. Any permission to participate through execution of a Participating Addendum is not a determination that procurement authority exists in the Participating Entity, they must ensure that they have the requisite procurement to execute a Participating Addendum. 7) Subject to any specific conditions included in the Solicitation or Contractor's proposal as accepted by the Lead State, or as explicitly permitted in a Participating Addendum, Purchasing Entities may not Rcsell Products. Absent any such condition or explicit permission, this limitation does not prohibit the following, however, any sale or transfer must be consistent with license rights granted for use of Intellectual Property: a) Payments by employees of a Purchasing Entity for Products; b) Sales of Products to the general public as surplus property. and e) Fees associated with inventory transactions with other governmental or non-profit entities, and consistent with a Purchasing Entity's laws and regulations. C. Administrative Fm Some states may require a fee be paid directly to the state only on purchases made by Purchasing Entities within that state. For all such requests, the fee level, payment method and schedule for such reports and payments will be incorporated into the Participating Addendum that is made a part of the Master Agreement. The Contractor may adjust the Master Agreement pricing accordingly for purchases made by Purchasing Entities within the jurisdiction of the state. D. NASPO ValuePoint Summary and Detailed Usage Reports The Contractor shall provide the following NASPO ValuePoint reports. 1) Summary Sales Data. The Contractor shall submit quarterly sales reports directly to NASPO ValuePoint using the NASPO ValuePoint Quarterly SaleVAdministrative Fee Reporting Tool found at http-Hwww.naspo.org/WNCPO/Calculator.aspx. Any/all sales made under the Contract shall be reported as cumulative totals by state. Even if Contractor experiences zero sales during a calendar quarter, a report is still required. Reports shall be due no later than thirty (30) days following the end of the calendar quarter (as specified in the reporting tool). Page 6 of 21 Body Armor Products 13FP-NK-15-001, NASPO ValuePoint Master Agreement Terms and Conditions Page 215 of 1037 2) Detailed Sales Data. Contractor shall also report detailed sales data by: (a) state; (b) entity/customer type, e.g. local government, higher education, K12, non-profit; (c) Purchasing Entity name; (d) Purchasing Entity bill -to and ship -to locations; (e) Purchasing Entity and Contractor Purchase Order identifier/number(s); (f) Purchase Order Type (e.g. sales Order, credit, return, upgrade, determined by industry practices); (g) Purchase Order date; (h) Ship Date; (i) and line item description, including Product number if used. Reports are due on a quarterly basis and must be received by the Lead State and NASPO ValuePoint Cooperative Development Team no Iater than thirty (30) days after the end of the reporting period. Reports shall be delivered to the Lead State and to the NASPO ValuePoint Cooperative Development Team electronically through a designated portal, email, CD -Rom or Flash drive. Detailed sales data reports shall include sales information for all sales under Participating Addenda executed under this Master Agreement. The format for the detailed sales data report is shown in Exhibit B (Sample NASPO ValuePoint Detailed Sales Data Report). 3) Reportable sales for the summary sales data report and detailed sales data report includes sales to employees for personal use where authorized by the Participating Addendum. Report data for employees should be limited to ONLY the state and entity they are participating under the authority of (stale and agency, city, county, school district, etc.) and the amount of sales. No personal identification numbers, e.g. names, addresses, social security numbers or any other numerical identifier, may be submitted with any report. 4) Contractor shall provide the NASPO ValuePoint Cooperative Development Coordinator with an executive summary each quarter that includes, at a minimum, a list of states with an active Participating Addendum, states that Contractor is in negotiations with, and any PA roll out or implementation activities and issues. NASPO ValuePoint Cooperative Development Coordinator and Contractor will determine the format and content of the executive summary. The executive summary is due thirty (30) days after the conclusion of each calendar quarter. 5) Timely submission of these reports is a material requirement of the Master Agreement. The recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and NASPO ValuePoint shall have a perpetual, irrevocable, non-exclusive, royalty free, transferable right to display, modify, copy, and otherwise use reports, data and information provided under this section. E. NASPO ValuePoint Cooperative Program Marketing and Performance Review 1) Contractor agrees to work cooperatively with NASPO ValuePoint personnel to ensure that Contractor's personnel will be educated regarding the provisions of the Master Agreement, as well as the competitive nature of NASPO ValuePoint procurements, the Participating Addendum process, and the manner in which Participating Entities can utilize the Master Agreement. 2) Contractor agrees to participate in an annual Contract performance review, which may include a discussion of marketing action plans, target strategies, marketing materials, reporting, and timeliness of administration fee payments. The location of the performance review shall be determined by the Lead State and NASPO ValuePoint. F. NASPO ValuePoint eMarket Center 1) In July 2011, NASPO ValuePoint entered into a multi-year agreement with SciQuest, Inc. whereby SciQuest will provide certain electronic catalog hosting and management services to enable eligible NASPO ValuePoint customers to access a central online website to view and/or shop the Goods and Services available from existing NASPO ValuePoint Cooperative Contracts. The central online website is referred to as the NASPO ValuePoint eMarket Center. 2) The Contractor shall have visibility in the eMarket Center through one of the following no -cost options: a) Ordering Instructions i. The Contractor shall provide a link to their website, their Product and price list, their dealer list, and any additional information they would like the customer to have in regards to placing Orders. ii, Upon receipt of written request from the eMarket Center Site Administrator, the Contractor shall have thirty (30) days to provide NASPO ValuePoint with the Ordering Instructions. b) Hosted Catalog i. The Contractor shall provide a list of its awarded Products and pricing via an electronic data file, in a format acceptable to SciQuest. Page 7 of 21 Body Armor Products RFP -NK -15-001, NASPO ValuePoint Master Agreement Terms and Conditions Page 216 of 1037 RiTipr—PITYP fl. In order to maintain the most up-to-date version of its Product offerings, the Contractor must submit electronic data to the eMarket Center no more than four (4) times per calendar year. iii. Upon receipt of written request from the eMarket Center Site Administrator, the Contractor shall have fifteen (15) days to set up an enablement schedule with NASPO ValuePoint and SciQuest. The schedule shall include future calls and milestone timeframes related to testing and go -live dates. iv. The Contractor shall have ninety (90) days from the receipt of written request, to provide the Hosted Catalog to NASPO ValuePoint. v. The Hosted Catalog must be strictly limited to the awarded Product Categories, and must contain the most current approved pricing. including applicable quantity discounts. vi. The catalog must include a Lead State Contract identification number and detailed Product line item descriptions. vii. The catalog must include any additional NASPO ValuePoint and Participating Addendum requirements. Although Suppliers in the SQSN normally submit one (1) catalog. it is possible to have multiple catalogs applicable to different NASPO ValuePoint Participating Entities if for example, the Participating Entity has incorporated an Administrative Fee into the Contract pricing, or a Participating Entity has determined that they will not allow all awarded Product Categories under their Participating Addendum. SciQuest will deliver the appropriate Contract files to the user viewing the catalog. c) Punch -Out Catalog I. The Contractor shall provide its own online catalog, which must be capable or being integrated with the eMarket Center via Commerce eXtensible Markup Language (c L). ii. The Contractor shall validate that its online catalog is current by providing a written update to the Lead State every four (4) months, verifying that they have audited the offered Products and pricing. iii. The Contractor shall have ninety (90) days from the receipt of the written request, to deliver the Punch -Out Catalog to NASPO ValuePoint. iv. The Punch -Out Catalog must be strictly limited to the awarded Product Categories, and must contain the most current approved pricing, including applicable quantity discounts. v. The catalog must include a Lead State Contract identification number and detailed Product line item descriptions. vi. The catalog must include any additional NASPO ValuePoint and Participating Addendum requirements, Although suppliers in the SQSN normally submit one (1) catalog, it is possible to have multiple catalogs applicable to different NASPO ValuePoint Participating Entities if for example, the Participating Entity has incorporated an Administrative Fee into the Contract pricing. or a Participating Entity has determined that they will not allow all awarded Product Categories under their Participating Addendum. SciQuest will deliver the appropriate Contract roles to the user viewing the catalog. 3) Revising Pricing and Products a) Any revisions to Product offerings (new Products, altered SKUs, new pricing, Cie.) must be pre - approved by the Lead State. b) Price increases shall only be allowed once per calendar year, beginning twelve (12) months after the Effective Date of the Master Agreement. c) Undated Product and/or pricing riles are required by the V' of the month and shall go into effect by the I 5'h of each month, or when the Lead State approves the rile, whichever comes first. L Files received after the I st of the month may not be approved for up to thirty (30) days following submission. ii. Errors in the Contractor's submitted files may delay the approval process. 4) Supplier Network Requirements for Hosted and Punch -Out Catalogs a) Contractor shall join the SciQuest Supplier Network (SQSN) and shall use the SciQuest's Supplier Portal to import the Contractor's catalog and pricing files into the SciQuest system. Page 8 of 21 Body Armor Products RFP -NK -15-001, NASPO ValuePoint Master Agreement Terms and Conditions Page 217 of 1037 CM5 #88375 b) Contractor can receive Orders through electronic delivery (cXML) or through low-tech options such as fax. e) More information about the SQSN can be found at www°.scioua t.co , or by contacting the SciQuest Supplier Network Services team at 800-233-1121. 5) Order Acceptance Requirements for Hosted and Punch -Out Catalogs a) Contractor must be able to accept Purchase Orders via fax or eXML. b) The Contractor shall provide confirmation via phone or email within 24 hours of Purchase Order receipt. c) If the Purchase Order is received after 3pm (EST) on the day prior to a weekend or holiday, the Contractor must provide confirmation via phone or email on the next business day. 6) UNSPSC Requirements a) Contractor shall support use of the United National Standard Product and Services Code (UNSPSC). UNSPSC versions that Contractors must adhere to are provided by SciQuest and upgraded each year. b) NASPO ValuePoint reserves the right to migrate to future versions of the UNSPSC, and Contractor shall be required to support the migration effort. c) All line items for Products provided under the Master Agreement must be associated to a UNSPSC code. d) All line items must be identified at the most detailed UNSPSC level, indicated by segment, family, class, and commodity. e) More information about the UNSPSC is available at ht�t :Ilw%vw.un c.com and litt1://www,unsesc c(i.MIlX0, asli#ho%kdoesunsliscwork. 7) Applicability. Contractor agrees that NASPO ValuePoint controls which Contracts appear in the eMarket Center, and that NASPO ValuePoint may elect at any time to remove any Contractor offerings from the eMarket Center. 8) Several NASPO ValuePoint Participating Entities currently maintain separate SciQuest eMarket Place accounts. In the event that one of these Participating Entities elects to use this NASPO ValuePoint Master Agreement (available through the eMarket Center), but publish the information to their own eMarket Place, the Contractor agrees to work in good faith with the entity and NASPO ValuePoint, and agrees to take commercially reasonable efforts to implement such separate SciQuest catalogs. G. Right to Publish Throughout the duration of this Master Agreement, Contractor must secure from the Lead State, prior approval for the release of any information that pertains to the potential work or activities covered by the Master Agreement. The Contractor shall not make any representations of NASPO ValuePoint's opinion or position as to the quality or effectiveness of the Services that are the subject of this Master Agreement without prior written consent. Failure to adhere to this requirement may result in termination of the Master Agreement for cause, H. Individual Customers Except to the extent modified by a Participating Addendum, each Purchasing Entity shall follow the terms and conditions of the Master Agreement and applicable Participating Addendum and will have the same rights and responsibilities for their purchases as the Lead State has in the Master Agreement, including but not limited to, any indemnity or right to recover any costs as such right is defined in the Master Agreement and applicable Participating Addendum for their purchases. Each Purchasing Entity will be responsible for its own charges, fees, and liabilities. The Contractor will apply the charges and invoice each Purchasing Entity individually. IV. STATEMENT OF WORK A. Overview 1) Contractor guarantees a continuing supply and consistent quality of Goods and Services offered,. 2) Contractor shall notify the Lead State, Participating Entities and all Purchasing Entities of any recall notices, warranty replacements, safety notices, or any applicable notice regarding the Products being sold; This notice must be received in writing (via postal mail or email) within thirty (30) calendar days of Contractor learning of such issues. Page 9 of 21 Body Armor Products RFP -NK -15-001. NASPO ValuePoint Master Agreement Terms and Conditions Page 218 of 1037 B. Distributors 1) Contractor may engage Distributors, who shall be Contractor's agent and Subcontractor for providing sales and support for the Goods and/or Services purchased by the Purchasing Entity under the Master Agreement. 2) In the event Contractor elects to use Distributors in the performance of the specifications, Contractor shall serve as the primary Contractor, and shall be fully accountable to the State for assuring that the Distributors comply with the terms and conditions of the Master Agreement, and shall be liable in the event Distributors fail to comply with such terms and conditions. 3) Contractor must disclose to the Lead State, a list or all Distributors that provide Goods and/or Services. 4) Contractor shall send notice to the Lead State, utilizing Attachment 1 (Distributor Form) and the Distributor List, within three (3) calendar days of engaging or removing a Distributor. The Lead State reserves the right to deny Contractor's addition of a new Distributor and will provide notification to the Contractor with justification as to why the decision was reached. In addition, it will be at the discretion of each Participating Entity as to whether they will utilize the Distributors as authorized by the Lead State, 5) Contractor or Distributors shall provide trained personnel to take on-site measurements at Purchasing Entity's designated location(s), 6) Distributors shall be expected to stay current with Contractor Products, pricing and Master Agreement requirements. C. ProductStandards Contractor's Product shall meet the following standards, if applicable, and unless and until new NU standards are published and made effective: 1) Ballistic resistance of Body Armor NU Standard 0101.06. 2) Stab Resistance of Personal Body Armor NU Standard 0115.00. 3) NII Standard for Ballistic Helmets 0106.01 4) NU Standard for Ballistic Resistant Protective Materials 0108.01. D. Product Category Contractor shall provide Goods and related Services for the following Product Categories: 1) Ballistic Concealable Vests: Threat Level IIA, 11, IIIA, III and/or IV. 2) Ballistic Tactical Vests: Threat Level IIA, H, IIIA, III and/or IV. 3) Stab Resistant Concealable Vests: Spike and/or Edged Blade: Threat Level 1, 2 and/or 3. 4) Carriers 5) Protectors 6) Ballistic Helmets; Threat Level HA, 11 and/or IIIA. 7) Plates 8) Carry Bags: Concealed and/or Tactical vests, Shield, and/or Helmet. 9) Replacement Vest Straps 10) Pouches 11) ID Patches E. Product Specirications 1) Body Armor Products must be ordered new and unused, and shall not contain re-used/remanufactured or re -purposed components. 2) Body Armor Products shall be constructed identically to the original model tested and certified to comply with the applicable NU standards. Page 219 of 1037 3) All materials shall be the same as reported to the NU in the "lists of materials of construction of each component of model." 4) Workmanship shall be first quality, with no defect that might affect performance, wear -ability, or durability of the vest. 5) Products shall not be "bulk ordered" inventory, nor substantially tailored or modified "off the shelf" items to fit personnel as needed, since altering Products could potentially change the performance aspects originally tested under Compliance Testing Program (CTP). 6) Each Body Armor Product shall be manufactured to professionally conducted measurements designed to fit a specific individual. Under no circumstances shall measurements result in a Product that does not properly fit and/or provide adequate protective coverage for that individual. 7) All measurements must be made according to Contractor stated standards and take into account all clearances of panels and duty belts as suggested in the NU Selection and Application Guide to Buying Body Armor (as updated). 8) Armor sizes are to be per Compliance Testing Program standards listed an the NU Compliant Products List. 9) All Body Armor Products that include the option of additional trauma or hard armor plate protection shall have the plate pocket permanently secured to the Body Armor carrier on three sides (both sides and the bottom), 10) All fasteners, including hook and pile (Velcro), non -directional snaps, webbing, side release buckles, fastex buckles, and zippers, shall be the same color as the carrier. 11) Label material shall withstand normal wear and cleaning, and remain legible throughout the entire warranted life of the Product. 12) All Body Armor shall be labeled with strict adherence to any applicable laws and regulations, and follow the labeling requirements according to NU Standards and guidance for Ballistic resistance 0 10 1.06, and Stab resistance 0115.00 as updated or amended. This shall include the following: a) Name of Contractor and location that Product was manufactured; b) Level of protection (must include the NIJ-CPL model designation number and Threat Level); c) The model designation number shall match submitted price list and letter of certification, d) Identify NU Standard 0 10 1.06 or 0115.00 (Combination armor shall indicate both); e) Completed manufacturing date and Lot Number; 1) Brand name and catalog number; g) A "Property of space so Purchasing Entity can enter an agency or officer name; h) Basic care and maintenance instructions; i) Size of panel; and j) Unique serial number. 13) Contractor and/or Distributor must have the serial numbers stored in a readily accessible database. F. Warranty 1) Overview a) Contractor warrants that the Product is suitable for any special purposes identified in the Solicitation or for which the Purchasing Entity has relied on the Contractor's skill or judgment. b) Contractor warrants that the Products are designed and manufactured in a commercially reasonable manner, and are free of defects. c) Upon breach of the warranty, the Contractor will repair or replace (at no charge to the Purchasing Entity) the Product whose nonconformance is discovered and made known to the Contractor. If the repaired and/or replaced Product proves to be inadequate, or fails of its essential purpose, the Contractor will refund the full amount of any payments that have been made. -;II.11111111� —,1, 1,1.1 r, I Page 220 of 1037 d) The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or equity, including, without limitation, actual damages, and, as applicable and awarded under the law, to a prevailing party, reasonable attorneys' fees and costs. 2) Requirements a) Ballistic panels shall have at least a 5 -year Manufacturer's warranty. b) All Carriers shall have a 24 -month Manufacturer's warranty. c) Warranty periods specified shall begin when Body Armor Products are delivered and accepted following inspection by Purchasing Entity. 3) Specifications a) Wan -antics are extended to the original user only. b) During the warranty period, any garment having a manufacturing or material defect, as determined through inspection by an authorized Contractor representative, will be repaired or replaced at no cost to the customer. c) Warranty shall be void if the maintenance care, as stated on the protective panel label, has not been followed, or if the Product has been altered in any manner after acceptance by the Purchasing Entity, or if the Product has been subjected to abnormal use or abuse. 7011FR77M "Mr—L'Tram- 1) Contractor shall provide full service and support to Participating Entities during normal business hours. 2) Contractor or Distributors shall offer instruction or provide presentations, as requested by Purchasing Entities, regarding the care, usage, and limitation of bullet -resistant and stab -resistant armor, 3) Contractor or Distributors shall provide Service to Purchasing Entities according to the time -frame outlined in Exhibit A (On -Site Response Time). H. Ballistic Panel Recycling 1) Contractor shall offer a recycling program for vests that have expired or reached the end of their useful life. 2) Purchasing Entities are not required to utilize the Contractor's recycling program. 3) Shipping, and associated costs, shall be the responsibility of the Contractor. A. Ordering and Invoicing Specifications 1) All Products subject to NTJ compliance testing must be listed on the CPL on the date the Order is placed. 2) All sizing, measurements, and final fitting shall be done at no expense to, and shall be scheduled at the convenience of, the Purchasing Entity. 3) Master Agreement Order and Purchase Order numbers shall be clearly shown on all acknowledgments, shipping labels, packing slips, invoices, and on all correspondence. 4) Body Armor improperly fitted to an individual wearer shall be adjusted or replaced and delivered to the individual within thirty (30) calendar days by the Contractor at no expense to the Purchasing Entity. 5) The Master Agreement permits Purchasing Entities to define project -specific requirements and informally compete the requirement among companies having a Master Agreement, on an "as needed" basis. This procedure may also he used when requirements are aggregated or other firm commitments may be made to achieve reductions in pricing. This procedure may be modified in Participating Addenda and adapted to Purchasing Entity rules and policies. The Purchasing Entity may, in its sole discretion, determine which Master Agreement Contractors should be solicited for a quote. The Purchasing Entity may select the quote that it considers most advantageous, cost and other factors considered. 6) Each Purchasing Entity will identify and utilize its own appropriate purchasing procedure and documentation. Contractor is expected to become familiar with the Purchasing Entities' rules, policies, and procedures regarding the ordering of supplies and/or Services contemplated by this Master Agreement. 7) Contractor shall not begin work without a valid Purchase Order or other appropriate commitment document compliant with the law of the Purchasing Entity. Page 12 of 21 Body Armor Products RFP -NK -15-001, NASPO ValuePoint Master Agreement Terms and Conditions Page 221 of 1037 RZPl7TTV1 8) Orders maybe placed consistent with the terms of this Master Agreement, and only during the term of the Master Agreement. 9) All Orders pursuant to this Master Agreement, at a minimum, shall include: a) Name of Purchasing Entity; b) The name, phone number, and address of the Purchasing Entity representative: c) Order date; d) Description of the Product ordered; e) CPL model number and Threat Level-, f) Serial number-, g) Price; h) The Master Agreement number; and i) Any additional information required by the Participating Entity. 10) All communications concerning administration of Orders placed shall be furnished solely to the authorized purchasing agent within the Purchasing Entity's purchasing office, or to such other individual identified in writing in the Order. 11) Orders must be placed pursuant to this Master Agreement prior to the termination date thereof, but may have a delivery date or performance period up to 120 days past the then -current termination date of this Master Agreement. Contractor is reminded that Financial obligations of Purchasing Entities payable after the current applicable fiscal year are contingent upon agency funds for that purpose being appropriated, budgeted, and otherwise made available. 12) Notwithstanding the expiration or termination of this Master Agreement, Contractor agrees to perform in accordance with the terms of any Orders then outstanding at the time of such expiration or termination. Contractor shall not honor any Orders placed after the expiration or termination of this Master Agreement, or otherwise inconsistent with its terms. Orders from any separate indefinite quantity, task orders, or other form of indefinite delivery Order arrangement priced against this Master Agreement, may not be placed after the expiration or termination of this Master Agreement, notwithstanding the term of any such indefinite delivery Order agreement. B. Shipping and Delivery 1) All Orders, regardless of quantity, shall be delivered to the Purchasing Entity within sixty (60) calendar days after Manufacturer receipt of Order, 2) All deliveries shall be F.O.B. destination, freight pre -paid, with all transportation and handling charges paid by the Contractor. Responsibility and liability for loss or damage shall remain the Contractor's until final inspection and Acceptance when responsibility shall pass to the Buyer except as to latent defects, fraud and Contractor's warranty obligations. The minimum shipment amount, if any, will be found in the special terms and conditions. Any Order for less than the specified amount is to be shipped with the freight prepaid and added as a separate item on the invoice. Any portion of in Order to be shipped without transportation charges that is back ordered shall be shipped without charge, 3) All deliveries shall be made during normal working hours, which may vary for each Purchasing Entity of each Participating State. 4) It shall be the responsibility of the Contractor to be aware of the delivery days and receiving hours for each Purchasing Entity. 5) The Purchasing Entity shall not be responsible for any additional charges, should the Contractor fail to observe specific delivery days and receiving hours. 6) The delivery days and delivery hours shall be established by the Purchasing Entity at the time of Order placement. 7) All deliveries will be Inside Deliveries as designated by a representative of the Purchasing Entity placing the Order. Specific delivery instructions will be noted on the Order form or Purchase Order. Any damage to the building interior, scratched walls, damage to the freight elevator, etc., will be the responsibility of the Page 222 of 1037 XT, Contractor. If damage does occur, it is the responsibility of the Contractor to immediately notify the Purchasing Entity placing the Order. 8) All Products must be delivered in the Manufacturer's standard package. Costs shall include all packing and/or crating charges. Cases shall be of durable construction, good condition, properly labeled and suitable in every respect for storage and handling of contents. Each shipping carton shall be marked with the commodity. brand, quantity, item code number and the Ordering Entity's Purchase Order number. 9) Packages that cannot be clearly identified may be refused and/or returned at no cost to the Purchasing Entity. C. Laws and Regulations Any and all Products offered and furnished shall comply fully with all applicable Federal and State laws and regulations. 1) All Products are subject to inspection at reasonable times and places before Acceptance. Contractor shall provide right of access to the Lead State or to any other authorized agent or official of the Lead State or other Participating or Purchasing Entity, at reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance requirements under this Master Agreement, Products that do not meet specifications may be rejected. Failure to reject upon receipt, however, does not relieve the Contractor of liability for material (nonconformity that substantial impairs value) latent or hidden defects subsequently revealed when Goods are put to use. Acceptance of such Goods may he revoked in accordance with the provisions of the applicable commercial code, and the Contractor is liable for any resulting expense incurred by the Purchasing Entity related to the preparation and shipping of Product rejected and returned, or for which Acceptance is revoked. 2) The warranty period shall begin upon Acceptance. E. Title of Product Upon Acceptance by the Purchasing Entity, Contractor shall convey to Purchasing Entity title to the Product free and clear of all liens, encumbrances, or other security interests. F. License of Pre -Existing Intellectual Property Contractor grants to the Purchasing Entity a non-exclusive, perpetual, royalty -free, irrevocable, unlimited license to use, modify, or dispose of the Intellectual Property and its derivatives, used or delivered under this Master Agreement, but not created under it ("Pre-existing Intellectual Property"). The license shall be subject to any third party rights in the Pre-existing Intellectual Property. Contractor shall obtain, at its own expense, on behalf of the Purchasing Entity, written consent of the owner for the licensed Pre-existing Intellectual Property. G. Payment Payment for completion of a Contract Order is normally made within thirty (30) days following the date the entire Order is delivered or the date a correct invoice is received, whichever is later. After forty-five (45) days the Contractor may assess overdue account charges up to a maximum rate of one (1) percent per month on the outstanding balance. Payments will be remitted by mail. Payments may be made via a State or political subdivision "Purchasing Card" with no additional charge. kiw"W1 11f.11 6 W 11011A 6J [Imp 1) Unless otherwise agreed in a Participating Addendum, Contractor shall, during the term of this Master Agreement, maintain in full force and effect, the insurance described in this section. Contractor shall acquire such insurance from an insurance carrier or carriers licensed to conduct business in each Participating Entity's state and having a rating of A-, Class VII or better, in the most recently published edition of Best's Reports. Failure to buy and maintain the required insurance may result in this Master Agreement's termination or, at a Participating Entity's option; result in termination of its Participating Addendum. 2) Coverage shall be written on an occurrence basis. The minimum acceptable limits shall be as indicated below, with no deductible for each of the following categories: Page 14 of 21 Body Armor Products RFP -NK -15-061, NASPO ValuePoini Masler Agreement Terms and Conditions Page 223 of 1037 a) Commercial General Liability covering premises operations, independent Contractors, Products and completed operations, blanket contractual liability, personal injury (including death), advertising liability. and property damage, with a limit of not less than $1 million per occurrence, $ 10 million general aggregate, $10 million Products and completed operations aggregate and $50,000 and any one fire. b) If any aggregate limit is reduced below $ 10,000,000 because of claims made or paid, the Contractor shall immediately obtain additional insurance to restore the full aggregate limit and furnish to the Participating Entity, a certificate or other document satisfactory to the Participating Entity, showing compliance with this provision. c) Contractor must comply with any applicable State Workers Compensation or Employers Liability Insurance requirements. d) Automobile Liability covering any auto (including owned, hired and non -owned), with a minimum limit of $ 1,000,000 each accident combined single limit. e) Contractor shall pay premiums on all insurance policies. Such policies shall also reference this Master Agreement and shall have a condition that they not be revoked by the insurer until thirty (30) calendar days after notice of intended revocation thereof shall have been given to Purchasing Entity and Participating Entity by the Contractor. f) Nor to commencement of performance, Contractor shall provide to the Lead State a written endorsement to the Contractor's general liability insurance policy or other documentary evidence acceptable to the Lead State that (i) names the Participating States identified in the Request for Proposal as additional insureds, (ii) provides that no material alteration, cancellation, non -renewal, or expiration of the coverage contained in such policy shall have effect unless the named Participating State has been given at least thirty (30) days prior written notice. and (iii) provides that the Contractor's liability insurance policy shall be primary, with any liability insurance of any Participating State as secondary and noncontributory. Unless otherwise agreed in any Participating Addendum, the Participating Entity's rights and Contractor's obligations are the same as those specified in the first sentence of this subsection. Before performance of any Purchase Order issued after execution of a Participating Addendum authorizing it, the Contractor shall provide to a Purchasing Entity or Participating Entity who requests it the same information described in this subsection. g) Contractor shall furnish to the Lead State, Participating Entity, and, on request, the Purchasing Entity copies of certificates of all required insurance within seven (7) calendar days of the execution of this Master Agreement, the execution of a Participating Addendum, or the Purchase Order's effective date and prior to performing any work. The insurance certificate shall provide the following information: the name and address of the insured; name, address, telephone number and signature of the authorized agent; name of the insurance company (authorized to operate in all States), a description of coven, ge in detailed standard terminology (including policy period, policy number, limits of liability, exclusions and endorsements). and an acknowledgment of the requirement for notice of cancellation. Copies of renewal certificates of all required insurance shall be furnished within fifteen (15) days after any renewal date. These certificates of insurance must expressly indicate compliance with each and every insurance requirement specified in this section. Failure to provide evidence of coverage may, at sole option of the Lead State, or any Participating Entity, result in this Master Agreement's termination or the termination of any Participating Addendum. h) Coverage and limits shall not limit Contractor's liability and obligations under this Master Agreement, any Participating Addendum, or any Purchase Order. Page 224 of 1037 ;0( LVAA.". [ 14 B. Records Administration and Audit 1) The Contractor shall maintain books, records, documents, and other evidence pertaining to this Master Agreement and Orders placed by Purchasing Entities under it to the extent and in such detail as shall adequately reflect performance and administration of payments and fees. Contractor shall permit the Lead State, a Participating Entity, a Purchasing Entity, the federal government (including its grant awarding entities and the U.S. Comptroller General), and any other duly authorized agent of a governmental agency, to audit, inspect, examine, copy and/or transcribe Contractor's books, documents, papers and records directly pertinent to this Master Agreement or Orders placed by a Purchasing Entity under it for the purpose of making audits, examinations, excerpts, and transcriptions. This right shall survive for a period of rive (5) years following termination of this Agreement or final payment for any Order placed by a Purchasing Entity against this Agreement, whichever is later, to assure compliance with the terms hereof or to evaluate performance hereunder. 2) Without limiting any other remedy available to any governmental entity, the Contractor shall reimburse the applicable Lead State, Participating Entity, or Purchasing Entity for any overpayments inconsistent with the terms of the Master Agreement or Orders, or underpayment of fees found as a result of the examination of the Contractor's records. 3) The rights and obligations herein right exist in addition to any quality assurance obligation in the Master Agreement requiring the Contractor to self -audit Contract obligations and that permits the Lead State to review compliance with those obligations. C. Confidentiality, Non -Disclosure, and injunctive Relief 1) Confidentiality. Contractor acknowledges that it and its employees or Distributors may, in the course of providing a Product under this Master Agreement, be exposed to or acquire information that is confidential to Purchasing Entity's or Purchasing Entity's clients. Any and all information of any form that is marked as confidential or would by its nature be deemed confidential obtained by Contractor or its employees or Distributors in the performance of this Master Agreement, including, but not necessarily limited to (a) any Purchasing Entity's records, (b) personnel records, and (c) information concerning individuals, is confidential information of Purchasing Entity ("Confidential Information"). Any reports or other documents or items (including software) that result from the use of the Confidential Information by Contractor shall be treated in the same manner as the Confidential Information. Confidential Information does not include information that (a) is or becomes (other than by disclosure by Contractor) publicly known-, (b) is furnished by Purchasing Entity to others without restrictions similar to those imposed by this Master Agreement; (c) is rightfully in Contractor's possession without the obligation of nondisclosure prior to the time of its disclosure under this Master Agreement, (d) is obtained from a source other than Purchasing Entity without the obligation of confidentiality, (e) is disclosed with the written consent of Purchasing Entity or; (r) is independently developed by employees, Distributors or Subcontractors of Contractor who can be shown to have had no access to the Confidential Information. 2) Non -Disclosure. Contractor shall hold Confidential Information in confidence, using at least the industry standard of confidentiality, and shall not copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third panics or use Confidential Information for any purposes whatsoever other than what is necessary to the performance of Orders placed under this Master Agreement. Contractor shall advise each of its employees and Distributors of their obligations to keep Confidential Information confidential. Contractor shall use commercially reasonable efforts to assist Purchasing Entity in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the generality of the foregoing. Contractor shall advise Purchasing Entity, applicable Participating Entity, and the Lead State immediately if Contractor learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Master Agreement, and Contractor shall at its expense cooperate with Purchasing Entity in seeking injunctive or other equitable relief in the name of Purchasing Entity or Contractor against any such person. Except as directed by Purchasing Entity, Contractor will not at any time during or after the term of this Master Agreement disclose, directly or indirectly, any Confidential Information to any person, except in accordance with this Master Agreement, and that upon termination of this Master Agreement or at Purchasing Entity's request. Contractor shall turn over to Purchasing Entity all documents, papers, and other matter in Contractor's possession that embody Confidential Information, Notwithstanding the foregoing, Contractor may keep one copy of such Confidential Information necessary for quality assurance, audits and evidence of the performance of this Master Agreement. Body Armor Products APP -NK -15001, NASPO ValuePoint Master Agreement Terms and Conditions Page 225 of 1037 14hy, 3) Injunctive Relief. Contractor acknowledges that breach of this section, including disclosure of any Confidential Information, will cause irreparable injury to Purchasing Entity that is inadequately compensable in damages. Accordingly, Purchasing Entity may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that May be available. Contractor acknowledges and agrees that the covenants contained herein are necessary for the protection of the legitimate business interests of Purchasing Entity and are reasonable in scope and content. 4) Purchasing Entity Law. These provisions shall be applicable only to extent they are not in conflict with the applicable public disclosure laws of any Purchasing Entity. D. Public Information This Master Agreement and all related documents are subject to disclosure pursuant to the Purchasing Entity's public information laws, E. Assignment/Subcontracts 1) Contractor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this Master Agreement, in whole or in part, without the prior written approval of the Lead State. 2) The Lead State reserves the right to assign any rights or duties, including written assignment of Contract administration duties to NASPO Cooperative Purchasing Organization LLC, doing business as NASPO Value Point, F. Changes in Contractor Representation The Contractor must notify the Lead State of changes in the Contractor's key administrative personnel, in writing within ten (10) calendar days of the change. The Lead State reserves the right to approve changes in key personnel, as identified in the Contractor's proposal. The Contractor agrees to propose replacement key personnel having substantially equal or better education, training, and experience as was possessed by the key person proposed and evaluated in the Contractor's proposal. G. Independent Contractor The Contractor shall be an independent Contractor. Contractor shall have no authorization, express or implied, to bind the Lead State, Participating States, other Participating Entities, or Purchasing Entities to any agreements, settlements, liability or understanding whatsoever, and agrees not to hold itself out as agent except as expressly set forth herein or as expressly agreed in any Participating Addendum. H. Cancellation Unless otherwise stated, this Master Agreement may be canceled by either party upon sixty (60) days written notice prior to the effective date of the cancellation. Further, any Participating Entity may cancel its participation upon thirty (30) days written notice, unless otherwise limited or stated in the Participating Addendum. Cancellation may be in whole or in part. Any cancellation under this provision shall not affect the rights and obligations attending Orders outstanding at the time of cancellation, including any right of and Purchasing Entity to indemnification by the Contractor, rights of payment for Products delivered and accepted, and rights attending any warranty or default in performance in association with any Order. Cancellation of the Master Agreement due to Contractor default may be immediate. I. Force Majeure Neither party to this Master Agreement shall be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party's reasonable control. The I -cad State may terminate this Master Agreement after determining such delay or default will reasonably prevent successful performance or the Master Agreement. J. Defaults and Remedies 1) The occurrence of any of the following events shall bean event of default under this Master Agreement: a) Nonperformance of contractual requirements; or b) A material breach of any term or condition of this Master Agreement; or c) Any certification, representation or warranty by Contractor in response to the Solicitation or in this Master Agreement that proves to be untrue or materially misleading; or Body Armor Products RFP -NK -15-001, NASPO ValuePaint Master Agreement Terms and Conditions Page 226 of 1037 R,T1Pr7TV d) Institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any or its property, which is not vacated or fully stayed within thirty (30) calendar days after the institution or occurrence thereof, or e) Any default specified in another section of this Master Agreement. 2) Upon the occurrence of an event of default. Lead State shall issue a written notice of default. identifying the nature of the default, and providing a period of thirty (30) calendar days in which Contractor shall have an opportunity to cure the default. The Lead State shall not be required to provide advance written notice or a cure period and may immediately terminate this Master Agreement in whole or in part if the Lead State, in its sole discretion, determines that it is reasonably necessary to preserve public safety or prevent immediate public crisis. Time allowed for cure shall not diminish or eliminate Contractor's liability for damages, including liquidated damages to the extent provided for under this Master Agreement. 3) If Contractor is afforded an opportunity to cure and fails to cure the default within the period specified in the written notice of default, Contractor shall be in breach of its obligations under this Master Agreement and Lead State shall have the right to exercise any or all of the following remedies: a) Exercise any remedy provided by law, and b) Terminate this Master Agreement and any related Contracts or portions thereof: and c) Impose liquidated damages as provided in this Master Agreement; and d) Suspend Contractor from being able to respond to future bid Solicitations-, and c) Suspend Contractor's performance; and Jl) Withhold payment until the default is remedied. 4) Unless otherwise specified in the Participating Addendum, in the event of a default under a Participating Addendum, a Participating Entity shall provide a written notice of default as described in this section and have all of the rights and remedies under this paragraph regarding its participation in the Master Agreement, in addition to those set forth in its Participating Addendum. Unless otherwise specified in a Purchase Order, a Purchasing Entity shall provide written notice of default as described in this section and have all of the rights and remedies under this paragraph and any applicable Participating Addendum with respect to an Order placed by the Purchasing Entity. Nothing in these Master Agreement Terms and Conditions shall be construed to limit the fights and remedies available to a Purchasing Entity under the applicable commercial code. K. Waiver of Breach Failure of the Lead State, Participating Entity, or Purchasing Entity to declare a default or enforce any rights and remedies shall not operate as a waiver under this Master Agreement or Participating Addendum. Any waiver by the Lead State, Participating Entity, or Purchasing Entity must be in writing. Waiver by the Lead State or Participating Entity of any default, right or remedy under this Master Agreement or Participating Addendum, or by Purchasing Entity with respect to any Purchase Order, or breach of any terms or requirements of this Master Agreement, a Participating Addendum, or Purchase Order shall not be construed or operate as a waiver of any subsequent default or breach of such term or requirement, or of any other term or requirement under this Master Agreement, Participating Addendum, or Purchase Order. L. Debarment The Contractor certifies that neither it nor its principals are presently debarred, suspended, proposed fur debarment, declared ineligible, or voluntarily excluded from participation in this transaction (Contract) by any governmental department or agency. This certification represents a recurring certification made at the time any Order is placed under this Master Agreement. If the Contractor cannot certify this statement, attach a written explanation for review by the Lead State. M. Indemnification 1) The Contractor shall defend, indemnify and hold harmless NASPO, NASPO Cooperative Purchasing Organization LLC (doing business as NASPO ValuePoint). the Lead State, Participating Entities, and Purchasing Entities, along with their officers, agents, and employees as well as any person or entity for which they may be liable, from and against claims, damages or causes of action including reasonable attorneys' fees and related costs for any death, injury, or damage to property arising from act(s), error(s), or ;MUEE Body Armor Products RFP -NK -15-001, NASPO VatuePoini Master Agreement Terms and Conditions Page 227 of 1037 omission(s) of the Contractor, its employees or Subcontractors or volunteers, at any tier, relating to the performance under the Master Agreement. 2) Indemnification — Intellectual Property. The Contractor shall defend, indemnify and hold harmless NASPO, NASPO Cooperative Purchasing Organization LLC (doing business as NASPO ValuePoint), the Lead State, Participating Entities, Purchasing Entities, along with their officers, agents, and employees as well as any person or entity for which they may be liable ("Indemnified Party"). from and against claims, damages or causes of action including reasonable attorneys' fees and related costs arising out of the claim that the Product or its use, infringes Intellectual Property rights ("Intellectual Property Claim"). a) The Contractor's obligations under this section shall not extend to any combination of the Product with any other Product, system or method, unless the Product, system or method is: L Provided by the Contractor or the Contractor's subsidiaries or affiliates; fl. Specified by the Contractor to work with the Product, or iii. Reasonably required, in order to use the Product in its intended manner, and the infringement could not have been avoided by substituting another reasonably available Product, system or method capable of performing the same function; or iv. It would be reasonably expected to use the Product in combination with such Product, system or method. b) The Indemnified Party shall notify the Contractor within a reasonable time after receiving notice of an Intellectual Property Claim. Even if the Indemnified Party fails to provide reasonable notice, the Contractor shall not be relieved from its obligations unless the Contractor can demonstrate that it was prejudiced in defending the Intellectual Property Claim resulting in increased expenses or loss to the Contractor. If the Contractor promptly and reasonably investigates and defends any Intellectual Property Claim, it shall have control over the defense and settlement of it. However, the Indemnified Party must consent in writing for any money damages or obligations for which it May be responsible. The Indemnified Party shall furnish, at the Contractor's reasonable request and expense, information and assistance necessary for such defense. If the Contractor fails to vigorously pursue the defense or settlement of the Intellectual Property Claim, the Indemnified Party may assume the defense or settlement of it and the Contractor shall be liable for all costs and expenses, including reasonable attorneys' fees and related costs, incurred by the Indemnified Party in the pursuit of the Intellectual Property Claim. Unless otherwise agreed in writing, this section is not subject to any limitations of liability in this Master Agreement or in any other document executed in conjunction with this Master Agreement. N. No Waiver of Sovereign Immunity 1) In no event shall this Master Agreement, any Participating Addendum or any Contract or any Purchase Order issued thereunder, or any act of a Lead State, a Participating Entity, or a Purchasing Entity be a waiver of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court. 2) This section applies to a claim brought against the Participating State only to the extent Congress has appropriately abrogated the Participating State's sovereign immunity and is not consent by the Participating State to be sued in federal court. This section is also not a waiver by the Participating State of any form of immunity, including but not limited to sovereign immunity and immunity based on the Eleventh Amendment to the Constitution of the United States. 1) The construction and effect of the Master Agreement shall be governed by the laws of the Lead State. Venue for any administrative or judicial action relating to the Solicitation and Master Agreement shall be in the City and County of Denver, Colorado. 2) The construction and effect of any Participating Addendum or Order against the Master Agreement shall be governed by and construed in accordance with the laws of the Participating Entity's or Purchasing Entity's State. 3) If a claim is brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court for (in decreasing order of priority): The Lead State for claims Body Armor Products RFP -NK -15-001, NASPOValuePoint Master Agreement Terms and Conditions Page 228 of 1037 relating to the procurement, evaluation, award, or Contract performance or administration if the Lead State is a party; the Participating State if a named party; the Participating Entity state if a named party; or the Purchasing Entity state if a named party. P. Assignment of Antitrust Rights Contractor irrevocably assigns to a Participating Entity any claim for relief or cause of action which the Contractor now has or which may accrue to the Contractor in the future by reason of any violation of state or federal antitrust laws (15 U.S.C. § 1-15 or a Participating Entity's state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any Goods or Services provided to the Contractor for the purpose of carrying out the Contractor's obligations under this Master Agreement or Participating Addendum, including, at a Participating Entity's option, the right to control any such litigation on such claim for relief or cause of action. Q. Contract Provisions for Orders Utilizing Federal Funds Pursuant to Appendix Il to 2 Code of Federal Regulations (CFR) Part 200, Contract Provisions For Non -Federal Entity Contracts Under Federal Awards, Orders funded with federal funds may have additional contractual requirements or certifications that must be satisfied at the time the Order is placed or upon delivery. These federal requirements may be proposed by Participating Entities in Participating Addenda and Purchasing Entities for incorporation in Orders placed under this Master Agreement. THE REST OF THIS PAGE LEFT INTENTIONALLY BLANK Page 229 of 1037 CM5 #88375 THE PARTIES HERETO HAVE EXECUTED THIS MASTER AGREEMENT ' Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and acknowledge that the Lead State is relying on their representations to that effect. CONTRACTOR KDH Defense Systems, Inc. By: ALAW It?cx" Title: a L By: jr\% — *Si nature Date: 1 1 STATE OF COLORADO John W. Hickenlooper, Governor Department of Personnel & Administration State Purchasing & Contracts Office June Taylor, Executive Director By: Cindy Lombardi, Sl Purchasing and Contracts Director Date: - ! ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §2430-202 requires the State Controller to approve all State Contracts. This Master Agreement is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any Goods and/or Services provided hereunder. STATE CONTROLLER e a s, CP L By: t Clark Bolser, Controller Delegate Greg Garner, Controller Delegate Floy Jeffares, Controller Delegate Joe Weber, Controller Delegate Challon Winer, Controller Delegate Date: Page 230 of 1037 CMS #88375 EXHBiT A— ON-SITE RESPONSE TIME The table below provides information on how long (e.g. response time) it will take KDH Defense Systems, Inc. or one of their authorized Distributors, to arrive at a Purchasing Entity's specified location once the Purchasing Entity has requested a fitting. The response time is based on I. The distance that KDH Defense Systems, Inc. or their authorized Distributor is located from the Purchasing Entity, and 2. The number of vests that the Purchasing Entity wants fitted. Page 231 of 1037 EXHBIT 8 -SAMPLE NASPO VALUEPOINT DETAILED SALES DATA REPORT _t I" t 'L a in Ag cmen -po t Master ry P0 V " 7N Summary for-NASPO ValuePoint Master Aarecmen m Manufacturer Name: KDH Defense Systems, Inc. 2 _01 2 2016-2021 Contract Number: 2016-182 CMS #88375 Page 232 of 1037 CMS #88375 ATTACHMENT 1 — DISTRIBUTOR FORM Manufacturer Name: KDH Defense Systems, Inc. (check one) ❑ The Distributor listed below is authorized to provide Goods and Services in accordance with the NASPO ValuePoint Body Armor Products Master Agreement. ❑ The Distributor listed below will no longer provide Goods and Services under the NASPO ValuePoint Body Armor Products Master Agreement. State(s) Serviced by Distributor: Distributor Name: Address: Phone (include Toll - Free, if available): Contact Person(s): Email Address: FEIN: Distributor Website: Signed: — Date- (KDH Delense Systems, Inc. Representative) Signed: — Date: (Distributor Representative) Body Armor Products RFP -NK -001, NASPO ValuePoint Master Agreement Terms and Conditions Page 233 of 1037 ATTACHMENT D - AGENTS AND DISTRIBUTORS BY STATE RFP -NK -15-001 VENDOR NAME: KDH Defense Systems Effective Date: December 22, 2016 States Agents/Distributors (put an "x" if yes) Number of Agents/Distributors Alabama X 3 Alaska X 2 Arizona X 3 Arkansas X 1 California X 2 Colorado X 3 Connecticut X 1 Delaware X 1 Florida X 6 Georgia X 3 Hawaii X 3 Idaho X 3 Illinois X 1 Indiana X 1 Iowa X 2 Kansas X 2 Kentucky X 2 Louisiana X 1 Maine X 1 Maryland X 1 Massachusetts X 1 Michigan X 1 Minnesota X 2 Mississippi X 3 Missouri X 2 Montana X 2 Nebraska X 1 Nevada X 3 New Hampshire X 1 New Jersey X 2 New Mexico X 3 New York X 2 North Carolina X 2 North Dakota X 2 Ohio X 1 Oklahoma X 2 Oregon X 3 Pennsylvania X 1 Puerto Rico X 1 Rhode Island X 1 South Carolina X 2 South Dakota X 2 Tennessee X 3 Texas X 4 Utah X 2 Vermont X 2 Virginia X 1 Washington X 2 Washington DC X 1 West Virginia X 1 Wisconsin X 3 Wyoming X 2 Total 52 103 Page 234 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: SAFETY SUPPLY, INC Address: 11827 TECH COM RD #114 City: SAN ANTONIO State Primary Contact: GARRETT WACASER Phone: 1-800-650-9033 Email Website: www.safetysupplyinc.com FEIN: 74-2280153 Areas Covered: Statewide Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide NC Zip: JKISELICA@KDHDEFENSE.COM 27288 TX Zip: 78233 GARRETT@SAFETYSUPPLYINC.COM NC Zip: 27526 TINAMORGAN@BOBBARKER.COM Company Name: Ed's Public Safety Address: 4431 N. Henry Blvd City: Stockbridge Primary Contact: Sharon Griffin Phone: 404-857-1010 Website: www.edspublicsafety.com FEIN: 58-1993116 Areas Covered State: GA 30281 Email: sharon@edspublicsafety.com Florida, Georgia, South Carolina, North Carolina, Tennessee, Alabama, Kentucky, Mississipi Manufacturer Name: Page 2 Page 235 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 3 Zip: Zip: Zip: Zip: Page 236 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State: Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email: Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State: Primary Contact: TINA MORGAN Phone: 919-346-2132 Email: Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: Northern Security Supply Address: 4147 Old Seward HWY City: Anchorage State Primary Contact: Dan Rush Phone: 907-561-5602 Email Website: www.northernsecuritysupplyak.com FEIN: 92-0081957 Areas Covered: Statewide Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Manufacturer Name: NC Zip: JKISELICA@KDHDEFENSE.COM 27288 NC Zip: 27526 TI NAMORGAN @ BOBBARKER.COM AK Zip nssupply@acsalaska.net Page 4 Zip: 99503 Page 237 of 1037 Exhibit H Distributors for Body Armor State by State Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Manufacturer Name: Page 5 Zip: Zip: Zip: Zip: RFP -NK -15-001 Page 238 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: SKAGGS COMPANIES, INC Address: 3828 SOUTH MAIN ST City: SALT LAKE CITY State Primary Contact: Lee Lindsay Phone: 801-261-4400 Email Website: www.shopskaggs.com FEIN: 84-1410470 Areas Covered: Statewide Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: BMC Tactical/Warrior Steel LLC NC Zip: JKISELICA@KDHDEFENSE.COM UT Zip lee.lindsaV@skaggscompanies.com 27288 84115 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM Address: 2617 Coors Blvd SW City: Albuquerque NM Zip: 87121 Primary Contact: Walter Bracken Phone: 505-877-5357 Email: walter@bmc-tactical.com Website: www.bmc-tactical.com FEIN: 85-0232658 Areas Covered: New Mexico, Texas, Colorado, Arizona Manufacturer Name: Page 6 Page 239 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: State: Zip: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Zip: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Manufacturer Name: Page 7 Page 240 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: NC Zip: JKISELICA@KDHDEFENSE.COM 27288 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM Manufacturer Name: Page 8 Zip: Zip: Page 241 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 9 Zip: Zip: Zip: Zip: Page 242 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: AETCO (Allstate Police Equipment) Address: 2821 Metropolitan Place City: Pomona State: Primary Contact: Alan Taylor Phone: 909-596-2470 Email: Website: www.allstatepolice.com FEIN: 95-3387341 Areas Covered: Statewide Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: State: Email: NC Zip: JKISELICA@KDHDEFENSE.COM 27288 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM CA clan@aetcoinc.com Manufacturer Name: Page 10 Zip: 91767 Page 243 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 11 Zip: Zip: Zip: Zip: Page 244 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State: Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email: Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: SKAGGS COMPANIES, INC Address: 3828 SOUTH MAIN ST City: SALT LAKE CITY State: Primary Contact: Lee Lindsay Phone: 801-261-4400 Email: Website: www.shopskaggs.com FEIN: 84-1410470 Areas Covered: Statewide Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: BMC Tactical/Warrior Steel LLC NC Zip: JKISELICA@KDHDEFENSE.COM 27288 UT Zip: 84115 lee.lindsav@skaggscompanies.com NC Zip: 27526 TI NAMORGAN @ BOBBARKER.COM Address: 2617 Coors Blvd SW City: Albuquerque NM Zip: 87121 Primary Contact: Walter Bracken Phone: 505-877-5357 Email: walter@bmc-tactical.com Website: www.bmc-tactical.com FEIN: 85-0232658 Areas Covered: New Mexico, Texas, Colorado, Arizona Manufacturer Name: Page 12 Page 245 of 1037 Exhibit H Distributors for Body Armor State by State Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Manufacturer Name: Page 13 Zip: Zip: Zip: Zip: RFP -NK -15-001 Page 246 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: NC Zip: JKISELICA@KDHDEFENSE.COM 27288 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM Manufacturer Name: Page 14 Zip: Zip: Page 247 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 15 Zip: Zip: Zip: Zip: Page 248 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: NC Zip: JKISELICA@KDHDEFENSE.COM 27288 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM Manufacturer Name: Page 16 Zip: Zip: Page 249 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 17 Zip: Zip: Zip: Zip: Page 250 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State: Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email: Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: RED THE UNIFORM TAILOR Address: 475 OBERLIN AVE SOUTH City: LAKEWOOD State: Primary Contact: BOB ENTREKIN Phone: 848-299-0110 Email: Website: www.rtut.com FEIN: 22-2143664 Areas Covered: Statewide Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: USA TACTICAL SUPPLIES Address: 717 CATTLEMEN ROAD City: SARASOTA State Primary Contact: JOHN SCHWEMLER Phone: 941-928-6313 Email Website: www.usatacticalsupplies.com FEIN: 68-8016568106-7 Areas Covered: Statewide Manufacturer Name: NC Zip: JKISELICA@KDHDEFENSE.COM NJ Zip: BOB.ENTREKIN(@RTUT.COM 27288 08701 NC Zip: 27526 TI NAMORGAN @ BOBBARKER.COM FL Zip: 34232 USATACTICALSUPPLIES@GMAIL.COM Page 18 Page 251 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Ed's Public Safety Address: 4431 N. Henry Blvd City: Stockbridge State: GA 30281 Primary Contact: Sharon Griffin Phone: 404-857-1010 Email: sharon@edspublicsafety.com Website: www.edspublicsafety.com FEIN: 58-1993116 Florida, Georgia, South Carolina, North Carolina, Tennessee, Alabama, Kentucky, Areas Covered: Mississipi Company Name: LOU'S POLICE DISTRIBUTORS, INC Address: 7815 W 4 AVE City: HIALEAH State: Primary Contact: MARLENE SILVA Phone: 305-416-0000 Email: Website: LOUSPOLICE.COM FEIN: 26-0472002 Areas Covered: Statewide Company Name: SOPD Tactical Supply Address: 801 S. Broad Street City: Brooksville State Primary Contact: Salvator Cirnigliaro Phone: 727-514-2989 Email Website: www.sopdtacticalsupply.com FEIN: 46-1974425 Areas Covered: Statewide Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Manufacturer Name: FL 33014 MARLEN E@ LOUSPOLICE.COM FL Zip: 34601 sal.cirnigliaro@sopdtacticalsupply.com Page 19 Zip: Page 252 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: RED THE UNIFORM TAILOR Address: 475 OBERLIN AVE SOUTH City: LAKEWOOD State Primary Contact: BOB ENTREKIN Phone: 848-299-0110 Email Website: www.rtut.com FEIN: 22-2143664 Areas Covered: Statewide Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: Ed's Public Safety NC Zip: JKISELICA@KDHDEFENSE.COM NJ Zip: BOB.ENTREKIN@RTUT.COM 27288 08701 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM Address: 4431 N. Henry Blvd City: Stockbridge State: GA 30281 Primary Contact: Sharon Griffin Phone: 404-857-1010 Email: sharon@edspublicsafety.com Website: www.edspublicsafety.com FEIN: 58-1993116 Areas Covered: Florida, Georgia, South Carolina, North Carolina, Tennessee, Alabama, Kentucky, Mississipi Manufacturer Name: Page 20 Page 253 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 21 Zip: Zip: Zip: Zip: Page 254 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: RED THE UNIFORM TAILOR Address: 475 OBERLIN AVE SOUTH City: LAKEWOOD State Primary Contact: BOB ENTREKIN Phone: 848-299-0110 Email Website: www.rtut.com FEIN: 22-2143664 Areas Covered: Statewide Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: OGC TACTICAL LLC. Address: 2615 KAHAI ST City: HONOLULU State Primary Contact: CARTER BERLIN Phone: 808-946-4642 Email Website: www.ogctactical.com FEIN: 26-4735113 Areas Covered: Statewide Manufacturer Name: NC Zip: JKISELICA@KDHDEFENSE.COM NJ Zip: BOB.ENTREKIN@RTUT.COM 27288 08701 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM HI Zip staff@ogctactical.com Page 22 96819 Page 255 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 23 Zip: Zip: Zip: Zip: Page 256 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State: NC Zip: 27288 Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email: JKISELICA@KDHDEFENSE.COM Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: SKAGGS COMPANIES, INC Address: 3828 SOUTH MAIN ST City: SALT LAKE CITY State: UT Zip: 84115 Primary Contact: Lee Lindsay Phone: 801-261-4400 Email: lee. lindsav@skaeescompanies.com Website: www.shopskaggs.com FEIN: 84-1410470 Areas Covered: Statewide Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State: NC Zip: 27526 Primary Contact: TINA MORGAN Phone: 919-346-2132 Email: TINAMORGAN@BOBBARKER.COM Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: Surplus Ammo and Arms Address: 102 Puyallup Ave. Suite B City: Tacoma State: WA Zip: 98421 Primary Contact: Andy Willms Phone: 253-301-0642 Email: andy@saaguns.com Website: www.saaguns.com FEIN: 26-1801077 Areas Covered: Washington, Oregon, Idaho Manufacturer Name: Page 24 Page 257 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 25 Zip: Zip: Zip: Zip: Page 258 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: NC Zip: JKISELICA@KDHDEFENSE.COM 27288 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM Manufacturer Name: Page 26 Zip: Zip: Page 259 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 27 Zip: Zip: Zip: Zip: Page 260 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: NC Zip: JKISELICA@KDHDEFENSE.COM 27288 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM Manufacturer Name: Page 28 Zip: Zip: Page 261 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 29 Zip: Zip: Zip: Zip: Page 262 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 NC Zip: JKISELICA@KDHDEFENSE.COM Company Name: PUBLIC SAFETY EQUIP LLC dba TACTICAL SOLUTIONS Address: 9322 MAGGIE LANE City: SAVAGE State: MN Zip Primary Contact: STEVE DOBLE Phone: 612-306-8241 Email: STEVE@TS4LE.COM Website: www.ts4le.com FEIN: 33-1078672 Areas Covered: Statewide Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: 27288 55378 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM Manufacturer Name: Page 30 Zip: Page 263 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 31 Zip: Zip: Zip: Zip: Page 264 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: 911 Custom, LLC Address: 6970 W 152nd Terrace City: Overland Park State Primary Contact: Kevin Beck Phone: 919-346-2135 Email Website: www.911custom.com FEIN: 27-1340616 Areas Covered: Statewide Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: NC Zip: JKISELICA@KDHDEFENSE.COM KS Zip kevin@911custom.com 27288 66223 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM Manufacturer Name: Page 32 Zip: Page 265 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 33 Zip: Zip: Zip: Zip: Page 266 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: Ed's Public Safety NC Zip: JKISELICA@KDHDEFENSE.COM 27288 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM Address: 4431 N. Henry Blvd City: Stockbridge State: GA 30281 Primary Contact: Sharon Griffin Phone: 404-857-1010 Email: sharon@edspublicsafety.com Website: www.edspublicsafety.com FEIN: 58-1993116 Areas Covered: Florida, Georgia, South Carolina, North Carolina, Tennessee, Alabama, Kentucky, Mississipi Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: State: Email: Manufacturer Name: Page 34 Zip: Page 267 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 35 Zip: Zip: Zip: Zip: Page 268 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: NC Zip: JKISELICA@KDHDEFENSE.COM 27288 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM Manufacturer Name: Page 36 Zip: Zip: Page 269 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 37 Zip: Zip: Zip: Zip: Page 270 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: NC Zip: JKISELICA@KDHDEFENSE.COM 27288 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM Manufacturer Name: Page 38 Zip: Zip: Page 271 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 39 Zip: Zip: Zip: Zip: Page 272 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: NC Zip: JKISELICA@KDHDEFENSE.COM 27288 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM Manufacturer Name: Page 40 Zip: Zip: Page 273 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 41 Zip: Zip: Zip: Zip: Page 274 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: NC Zip: JKISELICA@KDHDEFENSE.COM 27288 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM Manufacturer Name: Page 42 Zip: Zip: Page 275 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 43 Zip: Zip: Zip: Zip: Page 276 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: NC Zip: JKISELICA@KDHDEFENSE.COM 27288 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM Manufacturer Name: Page 44 Zip: Zip: Page 277 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 45 Zip: Zip: Zip: Zip: Page 278 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 NC Zip: JKISELICA@KDHDEFENSE.COM Company Name: PUBLIC SAFETY EQUIP LLC dba TACTICAL SOLUTIONS Address: 9322 MAGGIE LANE City: SAVAGE State: MN Zip Primary Contact: STEVE DOBLE Phone: 612-306-8241 Email: STEVE@TS4LE.COM Website: www.ts4le.com FEIN: 33-1078672 Areas Covered: Statewide Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Manufacturer Name: 27288 55378 NC Zip: 27526 TI NAMORGAN @ BOBBARKER.COM Page 46 Zip: Page 279 of 1037 Exhibit H Distributors for Body Armor State by State Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Manufacturer Name: Page 47 Zip: Zip: Zip: Zip: RFP -NK -15-001 Page 280 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: SAFETY SUPPLY, INC Address: 11827 TECH COM RD #114 City: SAN ANTONIO State Primary Contact: GARRETT WACASER Phone: 1-800-650-9033 Email Website: www.safetysupplyinc.com FEIN: 74-2280153 Areas Covered: Statewide Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide NC Zip: JKISELICA@KDHDEFENSE.COM 27288 TX Zip: 78233 GARRETT@SAFETYSUPPLYINC.COM NC Zip: 27526 TINAMORGAN@BOBBARKER.COM Company Name: Ed's Public Safety Address: 4431 N. Henry Blvd City: Stockbridge State: GA 30281 Primary Contact: Sharon Griffin Phone: 404-857-1010 Email: sharon@edspublicsafetv.com Website: www.edspublicsafety.com FEIN: 58-1993116 Areas Covered: Florida, Georgia, South Carolina, North Carolina, Tennessee, Alabama, Kentucky, Mississipi Manufacturer Name: Page 48 Page 281 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 49 Zip: Zip: Zip: Zip: Page 282 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: 911 Custom, LLC Address: 6970 W 152nd Terrace City: Overland Park State Primary Contact: Kevin Beck Phone: 919-346-2135 Email Website: www.911custom.com FEIN: 27-1340616 Areas Covered: Statewide Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Manufacturer Name: NC Zip: JKISELICA@KDHDEFENSE.COM 27288 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM KS Zip: 66223 kevin@911custom.com Zip: Page 50 Page 283 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 51 Zip: Zip: Zip: Zip: Page 284 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State: Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email: Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: SKAGGS COMPANIES, INC Address: 3828 SOUTH MAIN ST City: SALT LAKE CITY State: Primary Contact: Lee Lindsay Phone: 801-261-4400 Email: Website: www.shopskaggs.com FEIN: 84-1410470 Areas Covered: Statewide Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Manufacturer Name: NC Zip: JKISELICA@KDHDEFENSE.COM 27288 UT Zip: 84115 lee.lindsav@skaggscompanies.com NC Zip: 27526 TI NAMORGAN @ BOBBARKER.COM Page 52 Zip: Page 285 of 1037 Exhibit H Distributors for Body Armor State by State Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Manufacturer Name: Page 53 Zip: Zip: Zip: Zip: RFP -NK -15-001 Page 286 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: NC Zip: JKISELICA@KDHDEFENSE.COM 27288 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM Manufacturer Name: Page 54 Zip: Zip: Page 287 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 55 Zip: Zip: Zip: Zip: Page 288 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: SKAGGS COMPANIES, INC Address: 3828 SOUTH MAIN ST City: SALT LAKE CITY State Primary Contact: Lee Lindsay Phone: 801-261-4400 Email Website: www.shopskaggs.com FEIN: 84-1410470 Areas Covered: Statewide Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: American Shooters, INC Address: 3440 Arville Street City: Las Vegas State Primary Contact: Ken Horn, JR Phone: 702-719-5000 Email Website: www.americanshooters.com FEIN: 26-2674266 Areas Covered: Statewide Manufacturer Name: NC Zip: JKISELICA@KDHDEFENSE.COM 27288 UT Zip: 84115 lee.lindsaV@skaggscompanies.com NC Zip: 27526 TINAMORGAN@BOBBARKER.COM NV Zip: ken@americanshooters.com Page 56 89102 Page 289 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 57 Zip: Zip: Zip: Zip: Page 290 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: NC Zip: JKISELICA@KDHDEFENSE.COM 27288 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM Manufacturer Name: Page 58 Zip: Zip: Page 291 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 59 Zip: Zip: Zip: Zip: Page 292 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: RED THE UNIFORM TAILOR Address: 475 OBERLIN AVE SOUTH City: LAKEWOOD State Primary Contact: BOB ENTREKIN Phone: 848-299-0110 Email Website: www.rtut.com FEIN: 22-2143664 Areas Covered: Statewide Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: NC Zip: JKISELICA@KDHDEFENSE.COM NJ Zip: BOB.ENTREKIN@RTUT.COM 27288 08701 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM Manufacturer Name: Page 60 Zip: Page 293 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 61 Zip: Zip: Zip: Zip: Page 294 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: SKAGGS COMPANIES, INC Address: 3828 SOUTH MAIN ST City: SALT LAKE CITY State Primary Contact: Lee Lindsay Phone: 801-261-4400 Email Website: www.shopskaggs.com FEIN: 84-1410470 Areas Covered: Statewide Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: BMC Tactical/Warrior Steel LLC NC Zip: JKISELICA@KDHDEFENSE.COM UT Zip lee.lindsaV@skaggscompanies.com 27288 84115 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM Address: 2617 Coors Blvd SW City: Albuquerque NM Zip: 87121 Primary Contact: Walter Bracken Phone: 505-877-5357 Email: walter@bmc-tactical.com Website: www.bmc-tactical.com FEIN: 85-0232658 Areas Covered: New Mexico, Texas, Colorado, Arizona Manufacturer Name: Page 62 Page 295 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 63 Zip: Zip: Zip: Zip: Page 296 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: KDH DEFENSE SYSTEMS, INC Address: 6640 School Road City: Kirkville State Primary Contact: Julie Kiselica Phone: 214-406-7539 Email Website: www.kdhdefense.com FEIN: 20-1558062 Areas Covered: Statewide Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: NC Zip: JKISELICA@KDHDEFENSE.COM 27288 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM NY Zip: ikiselica@kdhdefense.com Manufacturer Name: Page 64 Zip: 13082 Page 297 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 65 Zip: Zip: Zip: Zip: Page 298 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State: Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email: Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State: Primary Contact: TINA MORGAN Phone: 919-346-2132 Email: Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide NC Zip: JKISELICA@KDHDEFENSE.COM 27288 NC Zip: 27526 TI NAMORGAN @ BOBBARKER.COM Company Name: Ed's Public Safety Address: 4431 N. Henry Blvd City: Stockbridge State: GA 30281 Primary Contact: Sharon Griffin Phone: 404-857-1010 Email: sharon(@edspublicsafetv.com Website: www.edspublicsafety.com FEIN: 58-1993116 Florida, Georgia, South Carolina, North Carolina, Tennessee, Alabama, Kentucky, Areas Covered: Mississipi Company Name: Address: City: State: Zip: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Manufacturer Name: Page 66 Page 299 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Manufacturer Name: Zip: Zip: Zip: Zip: Page 67 Page 300 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 NC Zip: JKISELICA@KDHDEFENSE.COM Company Name: PUBLIC SAFETY EQUIP LLC dba TACTICAL SOLUTIONS Address: 9322 MAGGIE LANE City: SAVAGE State: MN Zip Primary Contact: STEVE DOBLE Phone: 612-306-8241 Email: STEVE@TS4LE.COM Website: www.ts4le.com FEIN: 33-1078672 Areas Covered: Statewide Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: 27288 55378 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM Manufacturer Name: Page 68 Zip: Page 301 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 69 Zip: Zip: Zip: Zip: Page 302 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: NC Zip: JKISELICA@KDHDEFENSE.COM 27288 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM Manufacturer Name: Page 70 Zip: Zip: Page 303 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 71 Zip: Zip: Zip: Zip: Page 304 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: SAFETY SUPPLY, INC Address: 11827 TECH COM RD #114 City: SAN ANTONIO State Primary Contact: GARRETT WACASER Phone: 1-800-650-9033 Email Website: www.safetysupplyinc.com FEIN: 74-2280153 Areas Covered: Statewide Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: NC Zip: JKISELICA@KDHDEFENSE.COM 27288 TX Zip: 78233 GARRETT@SAFETYSUPPLYINC.COM NC Zip: 27526 TINAMORGAN@BOBBARKER.COM Manufacturer Name: Page 72 Zip: Page 305 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 73 Zip: Zip: Zip: Zip: Page 306 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: Surplus Ammo and Arms Address: 102 Puyallup Ave. Suite B City: Tacoma State Primary Contact: Andy Willms Phone: 253-301-0642 Email Website: www.saaguns.com FEIN: 26-1801077 Areas Covered: Washington, Oregon, Idaho Company Name: U.S. TACTICAL SUPPLY, INC Address: 939 PACIFIC BLVD City: ALBANY State Primary Contact: KEVIN SWANSON Phone: 541-928-8645 Email Website: WWW.USTACTICALSUPPLY.COM FEIN: 56-2349517 Areas Covered: STATEWIDE NC Zip: JKISELICA@KDHDEFENSE.COM 27288 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM Zip: 98421 andy@saaguns.com OR Zip: 97321 KEVINS@USTACTICALSUPPLY.COM Manufacturer Name: Page 74 Page 307 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 75 Zip: Zip: Zip: Zip: Page 308 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: NC Zip: JKISELICA@KDHDEFENSE.COM 27288 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM Manufacturer Name: Page 76 Zip: Zip: Page 309 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 77 Zip: Zip: Zip: Zip: Page 310 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State: NC Zip: 27288 Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email: JKISELICA@KDHDEFENSE.COM Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: OTO Metrics Address: Carretera 845, KM 2.2 Edificio D-36 URB, Fair View City: San Juan State: Puerto Rico Zip: 926 Primary Contact: Jose Monge Phone: 787-292-6222 Email: iosehk9l@hotmail.com Website: FEIN: 66-0425032 Areas Covered: Company Name: Address: City: State: Zip: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Zip: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Manufacturer Name: Page 78 Page 311 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 79 Zip: Zip: Zip: Zip: Page 312 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: NC Zip: JKISELICA@KDHDEFENSE.COM 27288 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM Manufacturer Name: Page 80 Zip: Zip: Page 313 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 81 Zip: Zip: Zip: Zip: Page 314 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: Ed's Public Safety NC Zip: JKISELICA@KDHDEFENSE.COM 27288 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM Address: 4431 N. Henry Blvd City: Stockbridge State: GA 30281 Primary Contact: Sharon Griffin Phone: 404-857-1010 Email: sharon@edspublicsafety.com Website: www.edspublicsafety.com FEIN: 58-1993116 Areas Covered: Florida, Georgia, South Carolina, North Carolina, Tennessee, Alabama, Kentucky, Mississipi Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: State: Email: Manufacturer Name: Page 82 Zip: Page 315 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 83 Zip: Zip: Zip: Zip: Page 316 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 NC Zip: JKISELICA@KDHDEFENSE.COM Company Name: PUBLIC SAFETY EQUIP LLC dba TACTICAL SOLUTIONS Address: 9322 MAGGIE LANE City: SAVAGE State: MN Zip Primary Contact: STEVE DOBLE Phone: 612-306-8241 Email: STEVE@TS4LE.COM Website: www.ts4le.com FEIN: 33-1078672 Areas Covered: Statewide Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: 27288 55378 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM Manufacturer Name: Page 84 Zip: Page 317 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 85 Zip: Zip: Zip: Zip: Page 318 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: SAFETY SUPPLY, INC Address: 11827 TECH COM RD #114 City: SAN ANTONIO State Primary Contact: GARRETT WACASER Phone: 1-800-650-9033 Email Website: www.safetysupplyinc.com FEIN: 74-2280153 Areas Covered: Statewide Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: Ed's Public Safety NC Zip: JKISELICA@KDHDEFENSE.COM 27288 TX Zip: 78233 GARRETT@SAFETYSUPPLYINC.COM NC Zip: 27526 TINAMORGAN@BOBBARKER.COM Address: 4431 N. Henry Blvd City: Stockbridge State: GA 30281 Primary Contact: Sharon Griffin Phone: 404-857-1010 Email: sharon@edspublicsafety.com Website: www.edspublicsafety.com FEIN: 58-1993116 Areas Covered: Florida, Georgia, South Carolina, North Carolina, Tennessee, Alabama, Kentucky, Mississipi Manufacturer Name: Page 86 Page 319 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 87 Zip: Zip: Zip: Zip: Page 320 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: SAFETY SUPPLY, INC Address: 11827 TECH COM RD #114 City: SAN ANTONIO State Primary Contact: GARRETT WACASER Phone: 1-800-650-9033 Email Website: www.safetysupplyinc.com FEIN: 74-2280153 Areas Covered: Statewide Company Name: RED THE UNIFORM TAILOR Address: 475 OBERLIN AVE SOUTH City: LAKEWOOD State Primary Contact: BOB ENTREKIN Phone: 848-299-0110 Email Website: www.rtut.com FEIN: 22-2143664 Areas Covered: Statewide Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide NC Zip: JKISELICA@KDHDEFENSE.COM 27288 TX Zip: 78233 GARRETT@SAFETYSUPPLYINC.COM NJ Zip: BOB.ENTREKIN@RTUT.COM 08701 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM Manufacturer Name: Page 88 Page 321 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: BMC Tactical/Warrior Steel LLC Address: 2617 Coors Blvd SW City: Albuquerque NM Zip: 87121 Primary Contact: Walter Bracken Phone: 505-877-5357 Email: walter(@bmc-tactical.com Website: www.bmc-tactical.com FEIN: 85-0232658 Areas Covered: New Mexico, Texas, Colorado, Arizona Company Name: Address: City: State: Zip: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Zip: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Zip: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Manufacturer Name: Page 89 Page 322 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State: Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email: Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: SKAGGS COMPANIES, INC Address: 3828 SOUTH MAIN ST City: SALT LAKE CITY State: Primary Contact: Lee Lindsay Phone: 801-261-4400 Email: Website: www.shopskaggs.com FEIN: 84-1410470 Areas Covered: Statewide Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Manufacturer Name: NC Zip: JKISELICA@KDHDEFENSE.COM 27288 UT Zip: 84115 lee.lindsav@skaggscompanies.com NC Zip: 27526 TI NAMORGAN @ BOBBARKER.COM Page 90 Zip: Page 323 of 1037 Exhibit H Distributors for Body Armor State by State Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Manufacturer Name: Page 91 Zip: Zip: Zip: Zip: RFP -NK -15-001 Page 324 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: BJ Shooting Sports Address: 541 Industrial Ave City: Williston State Primary Contact: Jay O'Brian Phone: 802-862-5500 Email Website: http://sales.bishootingsports.com FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: NC Zip: JKISELICA@KDHDEFENSE.COM 27288 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM VT Zip: 05495 info@ bjshootingsports.com Manufacturer Name: Page 92 Zip: Page 325 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 93 Zip: Zip: Zip: Zip: Page 326 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: NC Zip: JKISELICA@KDHDEFENSE.COM 27288 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM Manufacturer Name: Page 94 Zip: Zip: Page 327 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 95 Zip: Zip: Zip: Zip: Page 328 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State: NC Zip: 27288 Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email: JKISELICA@KDHDEFENSE.COM Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State: NC Zip: 27526 Primary Contact: TINA MORGAN Phone: 919-346-2132 Email: TINAMORGAN@BOBBARKER.COM Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: Surplus Ammo and Arms Address: 102 Puyallup Ave. Suite B City: Tacoma State: WA Zip: 98421 Primary Contact: Andy Willms Phone: 253-301-0642 Email: andy@saaguns.com Website: www.saaguns.com FEIN: 26-1801077 Areas Covered: Washington, Oregon, Idaho Company Name: Address: City: State: Zip: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Manufacturer Name: Page 96 Page 329 of 1037 Exhibit H Distributors for Body Armor State by State Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Manufacturer Name: Page 97 Zip: Zip: Zip: Zip: RFP -NK -15-001 Page 330 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: NC Zip: JKISELICA@KDHDEFENSE.COM 27288 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM Manufacturer Name: Page 98 Zip: Zip: Page 331 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 99 Zip: Zip: Zip: Zip: Page 332 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: NC Zip: JKISELICA@KDHDEFENSE.COM 27288 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM Manufacturer Name: Page 100 Zip: Zip: Page 333 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 101 Zip: Zip: Zip: Zip: Page 334 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 NC Zip: JKISELICA@KDHDEFENSE.COM Company Name: PUBLIC SAFETY EQUIP LLC dba TACTICAL SOLUTIONS Address: 9322 MAGGIE LANE City: SAVAGE State: MN Zip Primary Contact: STEVE DOBLE Phone: 612-306-8241 Email: STEVE@TS4LE.COM Website: www.ts4le.com FEIN: 33-1078672 Areas Covered: Statewide Company Name: RED THE UNIFORM TAILOR Address: 500 East Oak Street City: Oak Creek State Primary Contact: Ryan Redet Phone: 848-299-0110 Email Website: www.rtut.com FEIN: 22-2143664 Areas Covered: Statewide Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide WI ryan.redet@rtyt.com Zip 27288 55378 53154 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM Manufacturer Name: Page 102 Page 335 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 103 Zip: Zip: Zip: Zip: Page 336 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Manufacturer Name: KDH DEFENSE SYSTEMS, INC Address: 750A FIELDCREST RD City: EDEN State Primary Contact: JULIE KISELICA Phone: 214-406-7539 Email Website: www.kdhdefensesystems.com FEIN: 20-0391151 Company Name: SKAGGS COMPANIES, INC Address: 3828 SOUTH MAIN ST City: SALT LAKE CITY State Primary Contact: Lee Lindsay Phone: 801-261-4400 Email Website: www.shopskaggs.com FEIN: 84-1410470 Areas Covered: Statewide Company Name: BOB BARKER COMPANY INC Address: 134 N MAIN ST City: FUQUAY-VARINA State Primary Contact: TINA MORGAN Phone: 919-346-2132 Email Website: www.bobbarker.com FEIN: 56-1558062 Areas Covered: Statewide Company Name: Address: City: State: Primary Contact: Phone: Email: Website: FEIN: Areas Covered: NC Zip: JKISELICA@KDHDEFENSE.COM UT Zip lee.lindsaV@skaggscompanies.com 27288 84115 NC Zip: 27526 TINAMORGAN@BOBBARKER.COM Manufacturer Name: Page 104 Zip: Page 337 of 1037 Exhibit H Distributors for Body Armor RFP -NK -15-001 State by State Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Company Name: Address: City: Primary Contact: Phone: Website: FEIN: Areas Covered: Manufacturer Name: State: Email: State: Email: State: Email: State: Email: Page 105 Zip: Zip: Zip: Zip: Page 338 of 1037 W CONSENTAGENDA 10/17/2017 REQUESTED ACTION BY COMMISSION: Approve utilizing Sunbelt Waste Equipment of Pompano Beach, FL for an estimated annual expenditure of $85,000. Sunbelt Waste Equipment is the sole source and authorized dealer and repair center for Heil products. EXPLANATION OF REQUEST: Time Period: October 1, 2017 - September 30, 2018 Sunbelt Hydraulic & Equipment Blanket Request: This vendor is a Sole Source that provides service and support for all Heil units and is responsible for both sales and support for factory -authorized warranty work and sale of Heil service parts. We are requesting an annual estimated expenditure of $85,000 effective through September 30, 2018. (Attached Sole Source Letter) The automated trucks used in the Solid Waste Division consists of Heil manufactured waste haul bodies. Sunbelt will be used on an "As -Needed" basis. Previous year's expenditures: FY 16/17 $67,378 FY 15/16 $29,373 FY 14/15 $15,621 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Fleet Maintenance division will use this contract to provide service support to equipment for City departments such as Solid Waste Division. FISCAL IMPACT: Budgeted Funding is budgeted for repairs in FY17/18 through the 501-5000-590-09-82 charge back account ALTERNATIVES: Utilize the use of confirming purchase orders for repairs STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Page 339 of 1037 Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Various Vendors START DATE: END DATE: CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type Description Sunbelt Hydraulic & Equipment ® Sole Source Letter Page 340 of 1037 EnVirlonmental SoluffensCroup Subject: Heil Environmental Authorized Dealer Representatid Please be advised that Sunbeltauthorized dealer x Accordingly, Sunbelt l i l for bothsales and support(Including 1 1limited to facfn 1 1 1 1 1 l 1 Fe i 1 1 1 Florida listed In paragraph Manufacturer CIOEM") service parts for our Products. Respectfully submitted, deorge x, w 1 ' '� Senior 1' s'wtor, RiA Management On i above, aturalsid did appear the infbrmationsupplied Environmental Solutions Group a 2030 Hamilton Plaos Blvd., Suite 200. Chattanooga, TN 37421 - 866.265.4345 a Fox 423.1355.3478 Page 341 of 1037 6.J. CONSENTAGENDA 10/17/2017 REQUESTED ACTION BY COMMISSION: Approve an increase to estimated annual expenditure to Thermal Concept from $125,000 to $200,000 per the City Bid #050-2511-16/J MA. EXPLANATION OF REQUEST: The Commission approved bid 050-2511-16/J MA on September 8, 2016 for a two year period from October 1, 2016 - September 30, 2018 with an estimated annual expenditure of $125,000 for preventative maintenance and repairs. Thermal Concepts provides preventative maintenance and repair for the City of Boynton Beach. The Public Works/Facilities Management Division currently has a blanket purchase order (PO #170464) for FY 16/17. We have experienced numerous repairs to existing systems and have exceeded the original annual estimate of $125,000. Staff is requesting that the estimated annual expenditure be increased to $200,000 for the term of this award. Many of the City facilities HVAC equipment are beyond their life expectancy and since the start of the "HVAC MAINTENANCE AND MECHANICAL CONTRACT SERVI CES" Bid No. 050-2511-16/J MA units have failed and either been replaced or correctly repaired. The current contract with Thermal Concepts has afforded us a savings on an hourly rate and the purchase of equipment and materials. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The health benefits and risks of HVAC equipment not properly maintained and repaired will create many issues such as poor air quality, insufficient building ventilation/circulation. City residents, young and old visit several buildings under contract regularly. FISCAL IMPACT: Budgeted Funding is budgeted in Facilities Management in the mechanical repairs account #001-2511-519-46.25. ALTERNATIVES: To not do the annual inspections and have the elevators shut down and operable. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No Page 342 of 1037 CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Thermal Concept START DATE: 10/1/2016 END DATE: 9/30/2018 CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: Yes EXTENSION EXPLANATION: There are (2) two (1) one year e)densions ATTACHMENTS: Type D Attachment D Addendum Description Thermal Concepts agenda item 9-8-16 Thermal Concepts - City Award Letter Page 343 of 1037 7.B. REQUESTED ACTION BY COMMISSION: Approve the Bid Award for "HVAC MAINTENANCE AND MECHANICAL CONTRACT SERVICES" Bid No. 050-2511-16/JMA to Thermal Concepts, Inc. of Davie, FL as submitting the lowest, most responsive, responsible bid meeting all specifications for an estimated annual amount of $125,000.00 for preventative maintenance and repair. EXPLANATION OF REQUEST: BID AWARD PERIOD: OCTOBER 1, 2016 TO SEPTEMBER 30, 2018 On July 27, 2016, Procurement Services opened and tabulated seven (7) bids submitted in response to the bid solicitation for HVAC preventative maintenance and repair. This bid solicitation outlined 33 HVAC locations in the City's buildings and facilities in need of monthly preventative maintenance which is defined in the scope of work as "scheduled routine inspection and proactive servicing of HVAC systems so as to facilitate heating/cooling with minimal downtime". All bids were reviewed by Public Works Facilities Maintenance Department; Facilities has recommended the bid award to Thermal Concepts, Inc. as the lowest, most responsive, responsible bidder to perform preventative maintenance and repairs for a tvvo-year period. This bid does allow for three (3) one-year extensions at the same terms, and conditions subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This is the first time that the City has solicited for HVAC services. Previously, preventative maintenance was performed in-house and repair services were achieved by utilizing the Palm Beach County Bid for HVAC maintenance and repair services. Proposers also submitted hourly pricing for Supervisor, Licensed Journeyman, Foreman, Apprentice/Helper, Controls Technician and Service Technician. Prices have been established for Regular Time, Overtime, and Premium Time for necessary repair services. Materials and replacement parts will be provided at the Contractor's Actual Cost Plus 20%. FISCAL IMPACT: Budgeted The estimated annual expenditure is $125,000 with awarded proposal pricing for preventative maintenance accounting for $36,225 annually. Funds are budgeted and available in account no. 001-2511-519-46-25 and budgeted in the Capital Improvement Fund. ALTERNATIVES: Not approve bid award and continue to piggyback the Palm Beach County Bid for HVAC Repairs and Maintenance. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 2N of 6037 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Tab Sheets REVIEWERS: Department Finance Finance Legal Finance City Manager Description Tabulation Sheets M'ecommenclation to Award Bid Proposal from Thermal Concept Pricing Proposals from Bidders Reviewer Action Howard, Tim Approved Howard, Tim Approved Swanson, Lynn Approved Howard, Tim Approved LaVerriere, Lori Approved Page 298 of 6037 ■ � d 4t § S S d LM '-:r L6 ® LLJ U) 'L � c m m� m m � m m m f K to � � Roam#$ \ \ o= \ \ \ m z = �.. 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Respectfully submitted, Gail Gait Mootz Crew Supervisor Public Works, Facilities Maintenance City of Boynton Beach 222 N.C. 9th Ave. I Boynton Beach, Florida 33435 a: 561-742-6223 1 'MMIZI, 1 3221 Uke us an Fambookf) America's Gotmay to the Guffstream Re be advised that r1orlda has a broad public recorad law and all carrespanderwe to me vla email rwy be subject to disclosure.Ura ier Florida records larv, email addresses are publk records. Therefore, your a-nmil communication and your e -nm H address mky be subject to paWk disclosure. Page 232 of 6037 0 # i AW. 011011410111 1 7 M r R �*0 # 2 1 dR 12.Acknowledgement i kAq.1 Fj R: R Thermal . once t o Inc, 2201 CoHOP AvaruaDavis, Flor;de 333179ll954,370,6410Page 238 of 603737 a- f. w: They^�r� i ll on BIDDER ACKNOWLEDGEMENT olbrrml't Bids To: PROCUREMENT SEROCES 100 PW Boynton Beach Boulevard P.O.o Boynton Beach, Florida1 Telephone: (561) 742-6322 Federal I.D.r: 59,2317557 Corporation of the f: Area Code- Telephone o r® 432-4465 Area Code: FAX Number: Mailing r 2201 (2,C)LIMCM AVE, , Cn/statelzip, DAME, FLORIDA 33317 Vendor Mailing Date: E -Mail rens:I _ THS � C , COM Authorized Signature 29 Bid . 050-2511-16/JMA Page 23'@ of 6037 Page 258 of 6037 MQKiwa Emma - 1 1913 SCHOOLHOUSE MUSEUM 141 E. Ocean Avenue $ 82.00 2 ART CENTER 125 S.E. 2nd Avenue $ 41.00 3 CITY HALL COMPLEX – Chambers 100 E . Boynton Bch I. $ 4 CITY HALL COMPLEX – City Hall 100 E. Boynton Bch Blvd. $ 41.00 5 CITY HALL COMPLEX – East Wing 100 E. Boynton Bch Blvd , $ 68.75 6 CITY HALL COMPLER --Fire Station #1 100 E. Boynton Bch Blvd. $ 41.00 7 CITY HALL COMPLEX Police Station 100 E. Boynton Bch Blvd. $ 20 17.0 8 CITY HALL COMPLEXWest W i ng 100 E. Boynton Bch Blvd. E $ : 9 CIVIC CENTER 128 East Ocean Ave. $ 10 -E—ELL HESTER PARK Community Center 190 1 N. Seacrest Blvd. $ �350.50 11 FIRE STATION #2 2615 West Woolbright Rd $ 12 FIRE STATION #3 1 3501A.N. Congress Ave $ 41.00 13 FIRE STATION #4 1919 N Federal Hwy $ 41.00 14KFIRE 05 2080 High Ridge Road $ 321.25 155 ESTATION LIBRARYSeacrest Blvd, $ Al nf% 16 WILSON PARK – Shmns Center 225 NgW� 12" Ave, $ 19C50 17 COOLI TOW COOLING TOWERS (2) 100 E. Boynton Bch Blvd. 304,00 Total Monthly Proposal for Group "A" .......... $ 1-1 1.983.00 ------ THIS PAGE TO BE SUBMn7ED ALONG WITH BID FOR PACKAGE TO BE CONSIDE' EPLETE AND ACCEFrAB'LE Bid No. 050-2511-16/JMA 30 Page 258 of 6037 gmmm= mm 2010 N. Federal Hwy. 2010 N. Federal Hwy. 800 W. Boynton Beac Blvd PREVENTATIVE MAINTENANCE 3111 S. Congress Ave. Is 66.75 3111 S. Congress Ave. I $ 11,9.CC THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Nm 05052511-16/JMA 31 Page 256 of 6037 INTRACOASTAL PARK– Clubhouse '-'0 S 'T 23 B Building ng 22 0 N ' Federal H 2240 N. Federal Hwy. $ $ --1-0–w- 4MAD-SEN 2 At Lj CENTER 4 145 S,E. —5 PI (Old Fire Station #2) #2ndAve. n 2201 S. Congress Ave. 26 PISTOL RANGE C 3501 B N. Congress Ave. $ $ 84.00 P - Admin, Fleet, & Warehouse 222 N.E. 9 Ave, $ 41.00 28 PW#2 - Solid Waste, Streets, Trans, 222 N.E.9" Ave, Face $ 119.0 Tq— PVV#3 - Fore stry/Grounds & Parks 222 N.E. 9 Ave, $ 41.00 �0— PW#9 - Forestry/Grounds Trailer 2-22 N.E. 9 A, ve. $ 41.00 31 RGMC - Radio Tower Building NW 5th St $ 41.00 SENIOR CENTER 1021 S. Federal Hwy. $ 78.50 WILSON PARK – Denson Pool Buildin—g 225 N.W. 12 Ave. $ —ALM— Total Monthly Proposal for Group "B" $ --1i-7-1i THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Nm 05052511-16/JMA 31 Page 256 of 6037 ITEM I GROUP "C" FACILITY LIST PREVENTATIVE NO. MAINTENANCE 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 "o 1113 13E MU E 1 'OOL"OL 8 1 14 E cean Avenue ' 0 A 'I - ENTER ]R n v E 1 25 AvenUe A en le CITY L LCO P _C M HA EX ambers 1 00 Boy E Mon Bch Blvd, CITY HALL COMPLEX — City Hall 100 E. Boynton Bch Blvd, CITY HALL COMPLE-3K — East Wing 100 E. Boynton Bch Blvd. CITY HALL COMPLEX Fire Station 100 E. Boynton Bch Blvd, #1 127.00 - CITY HALL COMPLEX Police 41.00 Station 100 E. Boynton Bch Blvd. CITY HALL COMPLEX West in 100 E. Boynton Bch Blvd. CIVIC CENTER 128 East Ocean Ave. EZELL HESTER PARK -- Community 90 1901 1 N. Seeacrest Blvd. Center 41.00 AVENUE PARK THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLErE AND ACCEPTABLE Bld No. 050-2511-16/1MA $ $ 41.00 $ L6 41.00 $ 41,00 $ 6.75 $ 41.00 $ 127.00 $ 41.00 $ 82.00 $ 350.00 $ 127.00 $ $ 41.00 $ 321.25 $ 41.00 $ 194.50 $ X50 $ 39ZO $ 41.00 $ 66.75 $ _-1 —0-gio— $ —"'—A1 —.00, $ 41,00 IN Page 252 of 6037 26 PISTOL RANGE 27 PVV#1 - Adrrun, Reet, & Warehouse 28 PVV*2 -,Soild Waste, Streets,'rens, & Fac. 29 PVV#3 - & F"arlu, 30 P' 9 - Forestri/Grounds Traller 32 'SENIOR ICIENTER —L-A - 33 WILSON PARK — Den-sor, Pooi I Build= Bid Nm 050-2511-16/1MA 3501 B N. Congress Ave. 222 NZ 99"' Ave, 222 N.E. 9' Ave. 222 KE. 91' Ave. 222 NZ 9"'eve„ NW 9wth St 1021 S. Federal f , 225 N.W. 12'" Ave. $ 84.00 $ 4J.00 $ 119.50 $ 41.00 $ 41 M $ 78,190 $ 41.00 Total Monthly Proposal for Group "C" $ 3,018.75 THIS PAGE TO BE SUBMrTTED ALONG WITH BID FOR Is Page 258 of 6037 . ..................................... Personnel Title Regu'ar gme Ost e, r V-1 e I Premium Time Supervisor $ !x.00 hr.20.qO $ —,L-- —hr. $ jG 00 hr. Licensed Journeyman $ ZS.tLO hr. $ 112-50 hr. $ —,150.00hr. Foreman $ 112.50 hr. $ L50.00hr. Apprentice/Helper $ LOI_�O h r. $ K&00 hr.$ 1.0 Controls Technician _11 - _hr, $ L2_7 - 0 $ 170,00 hr. Service Technician $ L5.00 _hr. $ L1 2 -W hr, $ 150,00 hr. Hourly r ) for various personnel, to include Regular, Overtime and Premium. Regular Time: Monday – Friday; 7.00 a.m. to 5:00 p.m. Overtime- After S.00 p.m. beforea.m. Monday through Sunday Premium rimeHolidays Repair and or replacement parts / material cost. Contractor's Actual Cost Plus Percentage (Not to exceed 20%). Taxes are not eligible for mark-up. Cost plus 20 % ALL PRICES F.O.B. BOYNTON BEACH THERMAL CONCEPTS, INC, U05�1 _PA N _YN 4 _M_ JULY27,201§ UAfE__ (2H__)_AnAAffl_ TELEPHONE NUMBER ALLEN Q:, IRYINE iN-r9D U—M7 Page 250 of 6037 STATEMENT OF BIDDERYS QUALIFICATIONS Each Contractor bidding on workIncluded in these General Documents shall prepare n submit the date requested In the following schedule f �nformafion. This must be included in and made Part of each bid documen't. Failure to comply with this Instruction t term for rejecting the Contractor'spoi lW additional shoots gMng informadon 1Name of Bidder-, THERMAL CONCEPTS, INC. m Business Address:201 COLLEGE MR THE PAGE TO BE SU BMi7TED ALONGIT IFOR IDERE COMPLETE ANDACCEPTABLE did -211- Im Page 246 of 6037 11. Experience In performance, SEE AV ENT A (11) ATTACHED Project $ Value Contact Name Phone# ATTACI-51ENT A (11) ATTACHED TO THIS SHEET 12. Contracts on hand. * SEE ATTACHMENT A (12) ATTACHED mmom thls=Eday of JTJTy 20 16 "THIS PAGE TO BE STrED ALONG WMi BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. OSG-2511-16/JMA 36 Page 246 of 6037 Page 242 of 6037 ATTACHMENT A (1 1) I IN PERFORMANCE 8drAW1 cKyeentre How 601 13u1P9 Aymus $ 7,SN,839.00 Amedwdbefj Joint David FjWjCM0,920,8550 Miftrd, FL 3313l L9 BecIBE chycwhEra ReskjWjal 0018 Miami Avenue S 14,350,470.00 nbejj Moderty J 9m9 DavId Felbus 054.020.8550 Miami, FL 33131 ESS Bag 49 CftyCsrft Podium 1801 S Miami i mm 18,797,W9.00 J d J Im1 David Falkwa 964.920.8550 E¢q ER FL 3131 gg¢9 qqyy gg�,pp SrkkXll H hts 1 3 0 I E8M0,000= �Q ,;gro ryry�� „� @q3�,� gq� M & A h` s hair 9b q,v54.5 ,5878` MismUL 33131 U SrRTA Fru 3301 NW1M Avenue 2,338,5 u00 Guff SuiWing LLC Andrew Gershoi 954,492.9191 Pompano hU FL 33064 US FRTA Plumbing 33011NW31h $38,'000-00 ud Bulkilrej LLC re3S4.402,9101 Pompano , FL WW US Cknonent Milap Care Ctr Rem 9215 W Bmwicrd Fad 1 240,888.00 JWR Construction Inc.EIE Oakmn 96"80-280D Planlenkm, FL 33324 US Peredlas PW= 150 NE 42nd SbW 2A77,700A00 0010tel Construction - Blue L Garen Ljueflnz 305.550.49DO MinK FL 33137 d -Jade EEE 150 NE 42nd West S 307, 0.00 COGNWCOnOWCtion-BluaE,GoranLjusdnm 305, 9,4000 Mlaml,ft 33137 ESS Saks rIckE Ctly Cenbe 51 sw 599 IJ90,0=0 F Em m DrmGraf 830.2811108 MiarM, FL 33131 Magic Leap Tamp Open Room & Machim 7500 IN SundaeE 56,000.'00 mr ON.312.2400 Sumise, FL 33322 loon I 3101 N Andrem Avenue 6 5,170,000. 5 nawdates (Andraw Guy Reese 305.400.9900 FL 33311 Made Signature 15301 0WIlm Avenue S 8,166, 087.100 d 0 Om , Dam Finch W5.43ZI328 Sunny V.® FL 331 UI .. Trine Hwkh Care 1351 mm3 5 S4,000.00 Whiting Tumor CmbWlrQI ,77&10800 Mlamk FL 33130 Me0a Loop m 9 Duct Work 7500 W Sued 0 Blvd $ 250A00.00 QaenAVTachndcg%1ruL Cusy Bell 734A59.6320 FIS m® FL MagicLeap MinugSupply Duetwork 75M W Sunrkw 5 ud 1442,000.00 OWm Air Technology, Im Jeff WWler 734A,59.0320 FL 33313 The 881h Qub 4 WSU Relokownents SWO Collins Avenue 0 388,00MOO TheRaddencesetthaDOILomnaRosaft 30,53ASO.8799 Miami BucM, FL 33140 Rtz CmMan GenewbrE° inmiallan 5 130,735.00 2700 North Omw Condoner Sowd of Dimeto1- 5 7 3 2700 North Dawn Ddve ftger island. FL 33404 Chiller Plant 3501 SW DffA@ Fd 1,134,800.00 FastrackMCI Jeff Rabdd 561„' .7584 Davis, =14 US 0 Tram Chillers7500 W SunrWe BoLdevard 573, .00 Ci@anAJr1AdhndkW,ljnc. JWWWW 734.469.632D Piwitlition, FL 33 The Bond 1030 Bdckeli Avenue Ga,001100 QYVW Ifflivneftmi Mechanic JeWca Gmalrke VK074,U” Aftmi, FL 33,131 La Rive Condo RTU Repkicemerft 715 Sayehore D 12V63.00 LaRNeCondominlurn Brian H 964A01.2632 Ft Laidendole, FL 33308 Pedkft GDWng Toww Repklmmant 16M 0oncord224,02&00 Pedeft hkdkndF Undis Sabaft 9M.S84.0176 Sunries, FL TU ReilSamnnenta 5105 Johnson Rd 200.00 EnWPft@-CoconutCm9k Curb Brmm 06435,5115 Coconut Creek FL SM73 Page 242 of 6037 Page 248 of 6037 Page 2M of 6037 mm Page 268 of 6037 a Page 266 of 6037 ink Page 262 of 6037 BIDDER'S SITE INSPECTION CONFIRMA71ON RIGIM SIMINED DOS MPS AT1MCHIED NON-MANDATORYMEMOMM El BID TITLE: HVAC MAINTENANCE AND MECHANICAL BID NO.: - - AVER July 27, 2016 Steva McDaniel (Name and Title of Representattwe) as an authodzed representative of. THERMAL CE T,NC. (hereinafter fter lied the idler) located at of Company) 2201 COLLEGE AVENUE, DAVIE, FLORIDA 33317 that i—aiand bidder turas vmsfted the site of the workand has C2refUlly examinedthe plans and specifications r said projectn checked them in detail before submittinghis bid ' or proposal. JulynJ` ly 3.2 per .tacked 0-ig4nal. DATE OF INSPECTION Imp tT, Original attache REPRESENTA—TI–V—E------------------- SIGNATURE FOR MANDATORYl THIS PAGE TO BE S' m) ALONG WITH BID FOR PACKAGE To RE CONSIDERED COMPLETE AND ACCEPTABLE Page 268 of 6037 rr - e- • - • 7 Page 260 of 6037 Al THIS PAGE TO BE SUBMIT PACKAGECONSIDERED BID N � -2611 - 8MMA, REFERENCES FOR THIERMAL CONCEPTS',, INC. (NAME OF FIRM) Company Name: mm 50 South Military West w a 33143-3199 s_ ... .. ...�.,:... .. HVAC Preventive iswongwhly ma. nt=.awl . ce 61-233-0884 561-656-7832 jmcm.,.nnan a rib aa ws ov, o -g Company Mame. CITRIX SYSTEMS RVAC service and maintenanc .r Na a wCORBY SCHWARZ .,... I t 954-267-2367 954-267-2551 LUPIN lam`% 4006 NW 112th Ave,, Brian McMahmi Phone-, Fa 954-509-4008 954-255-8441 RE01% BANK (VARIOUS LOCATIONS 1N SOUTH FLORIDA) . .. .. - j 2800 PONCE DR LEON BLVD, " L 33314 SUITE m...,. p CORAL s .'_..,, ,_ as WNW,, ro 1HIVAC REPAIR Alf .. ::::::::: . 102CZ CHIN ::.:.:...... 1I OLEO - 0 305-460-0641 NV E THIS PAGE TO BE SUBMITTED ALONG WITHID FOR PACKAGE TO BE CONIDERED COMPLETE AND ACCEPTABLE In Page 256 of 6037 0 BID ®. 050-2611-18/JMA SCHEDULE OF SUB -CONTRACTORS The UndereWneed Bidder proposes the fbijoWng major subs for the major areas of work for the Project, 'Me Bidder is further nofffled that all sub- contlactors shag be propady Imnsed, bondable and shaN be requIred to furnIsh the City with a Cerftata of Insurance In accordenck wfth the cantw general conditions, 71do page may be redcge for 11aft addIffonal sub-oonbwtors, N requlmd, Sig t nature Data: M7116 mhi av t"aad s„',v s, ,Eli "T",)m ThictCompany Regfoi'W W” - Theirnal Cwosp%,� I= HS PAGE TO BE SUBMITrEDALONG WITH BID IN 0,9DER FOR MD PACKAGE MM BE CONSIDERED COMM.M.,- AND AMPTABLE BE Page 232 of 6037 SERVICES"CITY OF BOYNTON BEACH "HVAC MAINTENANCE AND MECHANICAL CONTRACT BID .. to"fie C0.NK m VC n DATE SUBMITTED, ' Y 27, 2016 We propose and agree, if this submittal is accepted, t contract with the f Boynton Beach, An the Contract Form, to furnish all material, equipment, machinery, tools, pp r u , means of transportation, construction, coordination, labor and services necessary to completethe work specMed bythe Contract documents. Having examined the project Ctes, we propose to perform the work of this Bid according to the Contract documents and the following addends which we havereceived- ADDENDUM w ,6 ADDENDUM No. DATE [I NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID THlS PAGE TO BE SUBMITTED L NG WITH PRO130SAL IN ORDER FOR RID PACKAGE TO BE CONMURED COMPLETE AND ACCEPTABLE Bid No. 050-2511-16/JMA IE Page 258 of 6037 ONVIA J013iip pelau'rer" lhermaf CQJIC-jpLs, pOQ, FORT LAUDEROAl E, FL Marm"k,"pr A'-'ei, "is -c C208) 37-%N21 Page 25@ of 6037 it a. Page 25@ of 6037 Jesse Maurer Tjw-Wmai Conr:Fipts Inr. FORI LAIUDE13WNLE, FL Amendment Prc4icts and Sarvices: Primary: HVAC maintenance. HVAC trades PJso Contains: operations and maintenance services BWsr: A&MEM&UMM Buyer Job Me: Account Technician Buyer Addresa: 100 E Boynton Beach Blvd Boynton Beach, Florlda 33435 Bu�sr EmWl� nUbr "nfth& a BL�trar Phow p: (561) 742-6322 Agrarpf, izUALazMwn-0Qwh CNensr Mdress: 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 Omar Rhone: p: (561) 742-6000 OwnerWebafte: v�n vwwt Y,J Pt , , , , " ' �� 1, � 'j, ' ", " , , " "T {, , 'e,' -1, -1 'y' V h";5 .� m «V vi<<a V , Lv- 'Ar, ""mWe" x C' .r aw'� Z4, Page 203 of 6037 Page 206 of 6037 MEMNO DATE. PKE-BID SIGN4N SHEET VENDORS NVAC MAINTENANCE AND MICHANIM O Page 202 of 6037 jN _TJ la � VENDORS HVAC MAINTINMCI AND MECHANICAL CONNACT SKVICI 44, RL AA -2 Page 288 of 6037 HD 11TLE' BID NUMBER; RE -BID goo MANDATORY PRE-BID CONFERENCE SIGN4N 3HEET VENDORS HVAC MAINFRUMCE AND MIMMM CONTRACT SlavCE boo "'F.—a.,MZ7— Page 200 of 6037 ON, fCxC [ 11111+3 .vme VENDORS \\ £ - ...� .. .�� .. ®\ }\ \« Page 266 O 6037 -* q 41■ - 4 ■ ■ State of FLORIDA County of BROWARD beingALLEN D, IRVINE first duly sworn, deposes and says REGIONAL VICE PRESIDENT bidder(Title) (Name of Corporation or Firm) the r bid- 2) informed respecting the preparation anr contents of - attached bid and of pertinent v: -s respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; t,) Further, the ♦ aflraer nor any of officers, partners,owners, agents, employeesor parties in interest, including this affiant, has in any way colluded, conspired, connived r aagreed, directly or r- other bidder, or person a submit collusive or _ bid in cor r for -tr ♦ has been submitted or o refrain frombidding a rContract,or directlyor i sought by r - or r r or communications or conference with any other bidder, or personto fix the price or prices in the attached bid or of otherr r or r fix any overhead, a or a. element of r price or bid price of any othe - a- bidder, or r secure throughcollusion, a airacy, connivance or agreement r ter- against the City of Boynton or person proposed r and REGIONAL I ME THIS PAGE TO BE SUBMITTED ALONG W[TH BID FOR Bid No. # 1 m Page 266 of 6037 Em t �74L this 27TH day of JuLy NOT Y *PUI3 e of Mkd at Larq t Lairge "OFFICIAL NOTARY SEAL" STAMP By: NAME - SIGNATURE ALLEN D. IRVINE m m �-- I �17 I I �-- a . ALLEN D. IRVIn NAME REGIONAL VICE PRESIDENT TITLE THERMAL CONCEPTS, INC. "M mll(�LA u (qAl M-111 TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 050-2511-16/JMA m Page 262 of 6037 CONFIRMATION OF MINORITY OW14ED BUSINESS This requested for is to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned BLWness ? If Yes, please Indicate by an "X" In the appropriate box- ( ) AMERICAN INDIAN If YES, Name the Organization from is this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE Std BMrrTED ALONG WITH PROPOSAL Bid No.050-2511- iJ IN Page 268 of 6037 1) Publish a statement notifying ploys that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace specifying the actions that will be taken against employees for violations of such prohibition, Inform employees about the dangers f drug abuse lig the workplace, the business's policy f maintaining adrug-free oftlace, any available drug counseling, rehabilitation, employee assist no r r sw and the penalties that may be imposed on employees for drug abuse violations, } Impose a sanction on, or require the satisfactory participation Ina drug abuse assistance or rehabilitation program If such is available In the employee's community y, any employee o is so convicted. Make good falth effort to continue to maintain a drug-free ork I oe through implementation of this section. As the person authorized to sign the statement, I certify that this flrm complies fully with the above requirements. 01 —vendor's inatr THERMAL CONCEPTS, INC. THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ffid Pio. 00-2511-1J M Page 26@ of 6037 HVAC MAINTENANCE AND MECHANICAL CONTRACT SERVICES BID NO.: 060-2511-16/JMA ACKNOWLEDGMENT The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. THERMAL CONCEPTS, INC. 15 -0 NT _R A C T 6 iff -1C .......... wwwww B �Y--( Xll LLE Title, REGIONAL VICE PRESIDENT Date: JULY 27, 2016 THIS PAGE TO BE SUBMIrTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bld No. 050-2511-16/JMA M Page 298 of 6037 STATE OF F'60PJDA DEPARTMENTOF BUSINESS ANDI�wREGULATION C � INDUSTRY S LICENSING � p _ _ GWSS AAIR CONDIMONING COP Namped babw IS 'CERIVIED � Fav EMOVOW ,s , 18016 MAIMER, LA ... Q,- .. DAME ISSUM 07113014 DISPLAY AS REQUIRED BY LAW 37 Room 8926 Employan Machines PrafftWonale 10 Number of Machinev- Tax Anmunt Tranaft, Fee NSP TotHl PWd 27A0 27AD Page 292 of 6037 MY of Stuart Development Department 8W F11191P-r M - Stuar-4 Florida One ( "' ( 772) 288-5398 COntmOtOr ID. AP07100045 Lig ExPIrOV SePtember 30, 2016 Dedr tractor: isYour C'ty'Of StUW COntractor RegistmtIon, whir SOPtember 30, 2016.h will expire If you have emy a POrnlit TecWGian a 772-288-53X BCH 121 SW'TuA. Po4 ri L 34.994'-2139 ff 1 Y ( r r � It .. , r. u�1',i,r Pti i `b' n 0 io Page 290 of 6037 i esdry frOm the rsoords of thh Oft -8 that THERMAL CONCEPTS, INC. 1B a corporatfqn organbsd,under the kwo of the State of Florida, filed on AM 1 1983. The t num t �19 WFPOratlon Is G32564 GIven Under my hand wW the Grut SeW of the State of Flodda at lkihassee'the � this the Fifth , I egg 37 MDUCER PoLicy a] SPAR El li'm FOTHI!R: 1201 1 � 1 -x'78® t Lauderdale, L 3331 727 m James Murphy tNAINRIFE MURER r € , INS Ir rl r, l In w 1 r t Concepts Inc. 2201 College Avenue r1 � Ire FL 33317 rDavie, .rrrr Irrl . PLIES PEM PoLicy a] SPAR El li'm FOTHI!R: ALL GAINED NONNE UNMELLALIAH L CUR l AMM fANDUV1QYERVJJA0L2TV JANY PR0PRffF0"ART1WM jEqulpment Floater S 8629 OW04/2015 09104MIS AGGREGATE"1 NIA C200053907 /01/2016 t1 1 . L DMEASF EA EMp - L VA u , . PemSI r U2004224102T W 016 Equlpffwnt ,., 1 DWOWTON Or OPEMMNSI LOCATM3 1 V (A= 0 101, Adommul RWMrks GohmLK mie ba muched If i s mquftiq %1 each is 1 I l Insured with General .1 111 1 r rI at. City of Boynton Beach Public Works Deparbuent PO Box 310 Boynton Beach, FL 33425-0310 ACORD 25 (201 4101) SHOULD T6 ABOVE DEWRISED PMCIES SE CANCELLEDBEFORE THE I T'H DATE THEREOF,11 L SE DEUVERED I ACCORDANCE WrTH THE c I M ,0 0 The ACORD name and logo am registeredmarks of ACORD Page 206 of 6037 I I I Z 01 Em# ■ ! -.. ■ ANALYSES, a SERVICES, CURRENT/ ! . IL ! ` ` , Page 20@ of 6037 Total Monthly Proposal for Group "A" $ 12,120.00 Total Monthly Proposal for Group "A" $ 5,587.00 TOTAL MONTHLY PROPOSAL FOR GROUPS "A $ 16,763.00 TOTAL MONTHLY PROPOSAL FOR GROUPS "A $ a,162.00 H.Iily H.11, Page 280 of -W 395 of 1037 Total Month TOTAL MONTHLY PROPOS{ Page 281 0 8 396 of 1037 iL FOR GROUP "B" $ 4,335.00 TOTAL MONTHLY PROPOSAL FOR GROUPS "A - $ 15,490.00 TOTAL MONTHLY PROPOSAL FOR GROUPS "A -d $ 3,018.75 --®-®---®-®--- --®-®---®-®--- . ........ . ......... Page 282 0 397 of 1037 r PUBLIC HEARING 9/8/2016 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE - NO. 16-019 - FIRST READING - Approve and adopt the consolidated and updated Boynton Beach Community Redevelopment Plan. EXPLANATION OF REQUEST: In accordance with state law, the City established the Community Redevelopment Agency (CRA) in 1982 and subsequently adopted the first redevelopment plan to guide development activity and public improvements within the CRA area. In part due to the size and configuration of the CRA, different plans have been approved for the CRA since its inception and most notably include the Federal Highway Corridor Community Redevelopment Plan, the Ocean District Community Redevelopment Plan, the Heart of Boynton Redevelopment Plan and the Downtown Vision and Master Plan. Redevelopment planning became a priority initiative during the City/CRA's 2014/2015 Strategic Planning process. This action was based upon the realized need to update and consolidate several aging redevelopment plans. The first significant milestone was the completion of the Existing Conditions study and report in June 2015, followed by the completion of the draft Plan in August 2016. The attached 2016 Boynton Beach Community Redevelopment Plan has been prepared through a comprehensive planning process, including, seven public workshops and hearings. Workshops were held with residents, developers, business owners, and land owners. The feedback collected has been compiled and summarized in the Plan. The main objective of this planning effort was to unify the entire CRA under one "consolidated" and cohesive redevelopment plan that provides a clear and consistent vision. The Plan is to provide predictability to support investment and private development initiatives. Included in the Plan is an executive summary, explanation of the public involvement process, key considerations and strategies, the role and importance of connectivity throughout the CRA, six new planning "Districts" that will brand and enhance the character of the CRA, and the implementation actions, projects, and programs. In addition to the new planning districts, other noteworthy outcomes include the following: Changes to the Future Land Use and Zoning structures intended to fill gaps in the current system, providing a transition in land use densities and intensities, and support the establishment of activity nodes outside of the downtown core; • Application of the Complete Streets design principles to the main thoroughfares in the CRA; and • Establishment of a comprehensive urban design framework to ensure that the built environment achieves the intended physical vision for the CRA. Also receiving particular attention in the Plan is the continued preservation of single-family neighborhoods throughout the entire CRA as well as, the future commuter train station for the F.E.C. Railroad and the necessary intensity needed to support the station, and the unique characteristics of each of the new Districts and their role within the redevelopment vision for the CRA. Page 288 of 6037 The City of Boynton 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 September 14, 2016 Thermal Concepts, Inc 2201 College Avenue Davie, FL 33317 ATTN: Allen D. Irvine BID: HVAC MAINTENANCE AND MECHANICAL CONTRACT SERVICES BID No.: 050-2511-16/JMA BID TERM: OCTOBER 1, 2016 TO SEPTEMBER 30, 2018 Dear Mr. Irvine: At the City Commission Meeting of September 8, 2016, Commission awarded the Bid for "HVAC Maintenance and Mechanical Contract Services" to Thermal Concepts, Inc. for the annual amount of $36,225.00 ($3,018.75/per month) for preventative maintenance. As stipulated within the Bid specifications, your company's Certificate of Insurance is to be provided naming the City of Boynton Beach as an additional insured for general liability. This may be e-mailed to Julianne Alibrandi at alibrandiip_bbfl.us Enclosed are the Bid Tabulation Sheets and a copy of the agenda item request cover letter for your review. The City's project manager for this bid award is Gail Mootz, Supervisor — Building and Grounds; telephone number: (561) 742-6223. We would like to thank you for responding to this Invitation to Bid and we look forward to working with Thermal Concepts over the next two years. If you have any questions or concerns, please do not hesitate to contact Julianne Alibrandi at (561) 742-6322. Sincerely, Tim W. Howard Assistant City Manager - Administration Director of Financial Services Enclosure: Bid Tabulation, Agenda Item Request cc: Chris Roberts, Assistant PW Director Gail Mootz, Supervisor Herman Black — Thermal Concepts Central File File America's Gateway to the Gulf Stream Page 399 of 1037 6.K. CONSENTAGENDA 10/17/2017 REQUESTED ACTION BY COMMISSION: Approve the issuance of an annual blanket purchase order to South Florida Emergency Vehicles for an estimated annual expenditure of $75,000 as a sole source vendor. EXPLANATION OF REQUEST: Term: October 1, 2017 - September 30, 2018 South Florida Emergency Vehicles Blanket Request: This vendor is a Sole Source that provides service and support for Fire Engine and Ladder units in the Fleet. They are the only authorized OEM and warranty center. We are requesting an annual estimated expenditure of $75,000 effective through September 30, 2018. (Exhibit 5 — Sold Source Letter) Previous years expenditures: FY 16/17 $59,913 FY 15/16 $33,690 FY 14/15 $54,378 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Fleet Maintenance division will use this contract to provide service support to equipment for City departments such as Solid Waste, Fire Rescue, Utilities and Police. FISCAL IMPACT: Budgeted Funding is budgeted for repairs & refurbishment in the FY17/18 through the 501-5000-590-09-82 charge back account. ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Page 400 of 1037 Grant Amount: CONTRACTS VENDOR NAME: Various Vendors START DATE: END DATE: CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: N/A ATTACHMENTS: Type Description Exhibit 5 ® South FIL Emergency Vehicles ® Sole Source Letter Page 401 of 1037 SUTPHEN" t. City of BoVnton Beach Public Works 222 NE P Avenue = FAMILY } SINCE August , 2017 providingThis letter Is to advise you that South Florida Emergency Vehicles Is the only authorized distribution source fbr , on your Sutphen Fire Trucks for the state of Florida. . . _ 1 • _ ♦ r M, Box 158 OAAndfin, 01,3143002,41,58 '« .i, 4 889-100 0, TW110, Free WHO 648-5860 * fax 61-4, 889-08,77,41 Page 402 of 1037 6.L. CONSENTAGENDA 10/17/2017 REQUESTED ACTION BY COMMISSION: Approve Blanket Purchase order to Lou Bachrodt Freightliner of Pompano Beach, FL in the estimated annual amount of $50,000. EXPLANATION OF REQUEST: Renewal Period: August 17, 2017 - August 16, 2018 Lou Bachrodt Blanket Request: Lou Bachrodt provides service/parts for our Freightliner Trucks. We are requesting an annual estimated expenditure of $50,000 effective through August 16, 2018, bid #068-1412- 17/MFD. (Award letter attached) The Commission approved this extension on July 18, 2017, the estimated annual expenditure was $25,000, after reviewing previous years expenditures staff is requesting that the annual amount be increased to $50,000. Previous years expenditures: FY 16/17 $29,805 FY 15/16 $23,483 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Fleet Maintenance division will use this contract to provide service support to equipment for City departments such as Solid Waste, Fire Rescue, Utilities and Police. FISCAL IMPACT: Budgeted Funding is budgeted for repairs in FY17/18 through the 501-5000-590-09-82 charge back account ALTERNATIVES: Utilize the use of confirming purchase orders for repairs STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Page 403 of 1037 Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Various Vendors START DATE: END DATE: CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type D Addendum Description Lou Bachroot ® Award Letter Page 404 of 1037 1 1 necity Of Boynton Beach 9"Jupp, m 'lip FROCCTP.AZ1ZU*W8MVX0" '100.6. BOyNm1VZmCW •r _D P.O. Doxazo DO Y2VM1V8R4CEK FLORIDA SSdA5-0810 iN' "" Cli, IUVQ I? Afft " I am BED NAMM: "ANNUAL SUPPLY OF ORIGINAL EQUIPhEM hIANUFACTURER (OEM SERVICE AND PARIS FOR FREIGHTLINER VEMCLES AND EQUIPMENI- BM # 060-1412-16801) NEW BED # 069-1412-17IM[FD 0. W11WAMM."WeTZi-10101 MF.'%Mk'11tQ LAV&WEIM rim i0r,11 6) 1(0,j;d b) [.r",=,MM�rqUT Mr =V= -7-7"73Z Tim 1 . Vrr . . cd. Michael Dauta — Warehouse Manager filo AMERMA'S GA 2WWA Y TO TIM G EMFWR&4M Page 405 of 1037 6.M. CONSENTAGENDA 10/17/2017 REQUESTED ACTION BY COMMISSION: Approve the issuance of a purchase order to Expert Diesel of Fort Lauderdale, FL utilizing the City of Miami's contract #291272(17) with an estimated annual estimated expenditure of $35,000. The City of Miami's procurement process satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: Bid Term: November 18, 2016 - November 17, 2017 Expert Diesel Blanket Request: Expert Diesel provides warranty repairs to autocar trucks and cumming engines for Cummings OEM parts. We are requesting a blanket with an annual estimated expenditure of $35,000 effective through 11/17/2017, piggybacking the City of Miami Contract, 291272(17) (Exhibit 1 — Authorization Letter, Exhibit 2 — City of Miami Contract) HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Fleet Maintenance division will use this contract to provide service support to equipment for City departments such as Solid Waste, Fire Rescue, Utilities and Police. FISCAL IMPACT: Budgeted Funding is budgeted for repairs & refurbishment in the FY17/18 through the 501-5000-590-09-82 charge back account. ALTERNATIVES: Utilize the use of confirming purchase orders for repairs STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: Page 406 of 1037 ATTACHMENTS: Type D Addendum FRINFAM Description Exhibit 1 ® Expert Diesel ® Authorization Letter Exhibit 2 ® Expert Diesel ® City of Miami Contract Original Contract 29122(17) Amend #146 Page 407 of 1037 KVP Enterprises Inc DBA Expert• - City 1 Boynton _ R. piggy back off the City of Miami contract pdclng for partsand Sincerely, 156R.-ffil 156R.-ffil 4 f E NO,, 2 14)"V t, QW N.Athm.tt,.. M F,,,4S N01NEE AND � �� .�xi�� ,u.ka�r,�,# RERrVRUS'1r AND .) ,--$,HqCLZ.S EMUIPMENT 6:;;RFOIfi 'n.. ,.s,,,iwk`"M1ti fRA k' FR a h `ferx` { adxw�, :.',8 l r :i f Or,' G ION' �,>:. R=EN'E rfi °+;�:a g� �' �t�nf4=.� `� () AD[ -N b f( ONS."? Fax,: , ,,e,43 xi;.. PER11 0C 031',4'r, ACI t"E',Z.0f' : fir,.-,a#� E."M...asixiR 16, 2"C,"12 f' RjOUC IP Y% o..V.a-1. SER , v,014 rt i" FIRST f�iE x� rrN � t r r t Cr ew fr i it � $a trf,,,,..�NO r' E1%,, 'N -RVA .. kn' s 2 i ,r� `. N 1 +f 'c L�1+" u° UGH r r ,.5 #^�, 5 i£f.'ir' 3!3�" P$ rs�,F�.e:iM,83 v 'I "111HR13 & FINAL RENEWAL,:, K , y 3 Y. 2010 THSMUGH NOV. r-UMBEff,'t C rMM "I' ' CODE:` _ +� Aufornemkorr USA of Pera.em, Inc. arlbaa jpj'vd,m,,�;,na-, �.Yr? Movan Kendall 17,3015" South 'Dlyla H1g?-'v'ejy Perrino, FL 33315 1 i 7ar'br an r'Mn i `isher ;g t ;raaa xi s. „i=fir Fimlx: rzfka, An forrpr ets an Waf.frr Road, fna, rrfrufa , a fff �"r rf�sr tar a.� r ` r= w,i Weston, Cm If rr „ Mir, u a fir .i ria Mori ' srx: nt}ew lG,wR'nrdYek r, �`',p'h,x.»,fas+i.,4•�rcS[,r"1i„p,a'Lw"�:axif2rfr�.au.'.w"e. Joe Sl'aadr ?k r1andwr <?,rt{rt pp14 , Ina, 322C NE Street }IN'rx ...f 33-1,481, feaarff:�a"if>Nn rrarxi':r'Y"asfaf'?rf%,' i't,''f`t} ' ki" , u z Saijilh, shat rY`vrrtve, FIL 3a35. 6 a — r i irwr, ct: hvis, a ., tr rf rr3 tF"&X: Email:, r) } fry ffl4a 4.altaft Ford, Inc. 1200 Vi t, QW N.Athm.tt,.. U,a mein air S Ott Kaplan g Fax,: f x„r 1 81,X6427 e3ti fa",fr ifj %,,,,rrfgffa cid f irr'f , rr, frr: 4 k as fxi .. g a s4 r # rc rr, r frrk £rr:7 557-5580 Fay:, Emma .0 f xi _a to xr ^ff p,11 r Dodge Jeep Rmn Parabralef) Pines Perrb,rt'lks Pines, FL 3,:,C27 r rraa'ffracf„ ,r"" rRob rt s frf? a,0m , h1R.'a” fr s Rkwlk' i" ho ra' exir r f f o- <r f zr :r F aY,: 1-20913, ar.,a's'nsfa Abraham ", Vrof t,,, hwYatf rme„ djbfg �; r. rr rtt��Chevrolet ff �t,;�f�a,f 3f"les Contact': t`r. �.r J^afr �:jrsr"ni: �'3.,e.r`< i�rr• , r.��. ,.,�a rah'#rmr (7fl6 1ua f 3 r" a pie,,` (:F,015', 4 f r 'Z-170 rrraf "won, a rax'a r 5 d 7',K) a.f`rw�r F , r r� Fara Inc, 855 Mw Ffzs'r`v Sfzr'ra,ci 0,ilri", nii, M. Z f ` n °f r, ,w3 #s r ';Pa€:ar"f,„rVo:;pm ate `# MAI, Page 409 of 1037 I too WN r; amw,v NOT, M, At A a M�Mmm= loop, ON AV AQ1 DAM -,,v �� " 1", , " , 01, .... .. 111, 1 .. emmocn va --------- ---- . . ....... Fi 1ta' ,PA RTM 0 Q T . ........ . .. 77"Awk ITAN i H"!i, d 61 iii , Vny !;pYj7,!, ..... . . . . . .......... .... . . . . . . .. ......... :t "'t T, 'i t.Nu CO,s>{'_ T - WN j! 5! ) PT, r,mmwn krwwwj to IN rjj TWO vv Awo-"y Ov sunn" "IRA Win Ar kv AV wool Twom—smix, rm Page 410 of 1037 R, Yon —09-M clw;f<� :t "'t T, 'i t.Nu CO,s>{'_ T - WN j! 5! ) PT, r,mmwn krwwwj to IN rjj TWO vv Awo-"y Ov sunn" "IRA Win Ar kv AV wool Twom—smix, rm Page 410 of 1037 CITY OF MIAWR_.ORIDA IIINTER-OFFICE MEMORANDUM 10: Ricardo Falero, Director DAFE . November 6, 2012 1�� Department of General Services Administration SUBJECT OEM Parts, Engine and Transmission Repairs to City of Miami Vehicles and FROM : REFERENCES: Equipment Kenneth Robertson, Director Bid No. 291272(17) Department of Purchasing ENCLOSURES Please find enclosed a copy of the recently approved term contract for OEM Parts, Engine and Transmission Repairs to City of Miami Vehicles and Equipment. This contract has been established for use by all city departments and offices on an as needed basis. Unless a specific item is not listed, using department in need of these goods or services is required to utilize this contract. Using department is urged to carefully review the contract in detail to become familiar with its prices, terms and conditions, and items awarded. If any department is unable to locate a particular item on the contract, please contact the appropriate Buyer for assistance. No other goods or services can be purchased under this agreement except those specified in the contract. When requesting this commodity or service, the Bid No., Resolution No. and the corresponding catalog item numbers must be cited in the requisition. It shall be the responsibility of the using department to properly administer the contract to ensure that the contractor and the City perform all contractual obligations. In the execution of this responsibility, departments should monitor vendor performance, inspect goods at time of delivery and check for accuracy in billing. Should any using department experience any difficulties with the contractor, please document the matter and immediately advise Terry Byrnes, CPPB, Procurement Supervisor, at (305) 416-1917 for assistance. Copy: Bid file Page 411 of 1037 Ti"'tv of *Hlamt CONTRACT A W A R D BID NO: 291272(17) DESCRIPTION: OEM PARTS, ENGINE AND TRANSMISSION REPAIRS TO CITY OF MIAMI VEHICLES AND EQUIPMENT TERM OF CONTRACT: TWO (2) YEARS, WITH OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS CONTRACT PERIOD: NOVEMBER 18, 2012 THROUGH NOVEMBER 17, 2014 COMMODITY CODE: 06069-00; 06071-00 SECTION #1 —VENDOR AWARD Autonations USA of Perrine d/b/a Maroone Nissan 17305 South Dixie Highway Perrine, FL 33315 Contact: Mr. Walter Salvatierra/Mr. Alex Delval Phone: (305) 259-2640 Fax: N/A E-mail Address: delvala(a),autonation.com AN Imports on Westin Road, Inc. d/b/a Maroone Toyota 4050 Weston Road Davie, FL 33331 Contact: Mr. Steve Notley/Mr. Morris Lischner Phone: (954) 659-1800 Fax: (954) 659-1853 E-mail Address: lischnermaautonation.com Joe Blair Garden Supply, Inc. 320 NE 79th Street Miami, FL 33138 Contact: Mr. David Shoaf Phone: (305) 757-5554 Fax: (305) 757-5554 E-mail Address: daveaioeblairlawnmower. com Reliable Transmission Service, Inc. 661378 th Street South Riverview, FL 33578 Contact: Ms. Rebecca Mann Phone: (813) 677-8883 Fax: (813) 677-2800 E-mail Address: rebeccam(cMsallison.com Gus Machado Ford, Inc. 1200 W 49th Street Hialeah, FL 33012 Contact: Mr. Scott Kaplan Phone: (305) 822-3211 Fax: (305) 819-5427 E-mail Address: skaplanamachadoford.com Bull Motors, LLC d/b/a Maroone Ford -Miami 16800 NW 57th Avenue Miami, FL 33015 Contact: Mr. Jose Lopez/Mr. Hector Suarez Phone: (305) 557-6500/(305) 557-5580 Fax: (305) 5574310 E-mail Address: suarezv(o),autonation.com Pembroke Motors d/b/a Maroone Dodge of Pembroke Pines 13601 Pines Boulevard Pembroke Pines, FL 33027 Contact: Mr. Robert Winfree/Ms. Radames Rosario Phone: (305) 970-1093/(954) 441-2052 Fax: (954) 441-2093 E-mail Address: rasario1gautonation.com Abraham Chevrolet -Miami d/b/a Maroone Chevrolet of Miami 4181 SW 8th Street Miami, FL 33134 Contact: Mr. Juan Aleman/Mr. Juan Huerta Phone: (786) 402-4586 Fax: (305) 448-2670 E-mail Address: huertal(a-),autonation.com K.V.P. Enterprises, Inc. d/b/a Expert Diesel 4700 Oakes Road Davie, FL 33314 Contact: Ms. Melissa Cruz Phone: (954) 583-2400 Fax: (954) 583-2085 E-mail Address: mc(a),cumminsexpert.com Page 412 of 1037 SECTION #2 —AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES CC AWARD DATE: OCTOBER 25, 2012 AMENDED AMOUNT: N/A RESOLUTION NO: 12-0403 INSURANCE REQUIREMENTS: YES TOTAL CONTRACT AMOUNT: SEE BELOW PERFORMANCE BOND: N/A Note: Funds allocated from the various funding sources from APPLICABLE ORDINANCES: N/A the user departments and agencies are subject to availability and budgetary approval at the time of need. SECTION #3 - REQUESTING DEPARTMENT DEPARTMENT OF GENERAL SERVICES ADMINISTRATION Contract Administrator: John Babos Phone: (305) 329-4874 Fax: (305) 329-4875 SECTION #4 - PROCURING AGENCY CITY OF MIAMI, DEPARTMENT OF PURCHASING Sr. Buyer: Terry Byrnes, CPPB Phone: (305) 416-1917 Fax: (305) 416-1925 Prepared By: Max Sagesse, 11/6/2012 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.miamigov.com/procurement Page 413 of 1037 ) o \}/ ` } J J J J J J ! � � k))k) > > > > > > o o ` o J J J J J J 2]) E o` ) > > > > > !k! o> \\\ ` } J J J J J J <!, ) � o )E _- o 2 2 2 > ) \o� o ] = 3 = 3 = 3 = 3 §! «,- -,!§! �i !\ $\ƒ7k $;So f !ƒ! B #_. #! z!§ #&!E f,§� ] \} - -ow %! - -° - %; ml- `� - - (%(;; - ,225 _ - ow -w -o )(%} \$i k)/{ \$! %$!() w. {!(!\! k!! o!§{{ !/! 7:}� !/! u> -w !/!!! a!!!=! !/!± 7!!i� ) ( J J J ( 2 � };!! ( J J ( ( !� /o \ !k! §!| ) )E _- ow \ -j ] 2 2 2 2 > 2 ) { ) }�k! }\k) }\k\ }�k� }mak- }�k) }�k! \k !\§_!* !.F ml.. ®.» ®.f ®.- ®.- ! :_{�)] .. )/))� /)/ C)E8 \ \)§!( \a3 !;! ƒ)/ ƒ)!� !;�;¥ w" «;; «;; )\\§, rl; \§�+) \}k) \}kw) \\k( \\k�) -8E -8 !§f!}(!)§ ;«(_ «i;«(_!!!:(]{! |:§S| |!§! |:§S| |!§! |:§S| |!§! |:§S| l:,a! -om ) ] ) rl- } j� q 2} k k k O 0 /0A S � ¢ 76 2 o n _ ; � /( \\\!� (� !! \/} .§.!§ , )( l.E._ :® § k/ )i)k , !� ) #! ) ) \\ ) ) o } j� 2} k k k ) } j� j� /0A AAAA - AAAA -- 76 ! ) ; � /( \\\!� !! \/} 291272,3 Table of Contents Termsand Conditions....................................................................................................................................................14 I. General Conditions..........................................................................................................................................14 I. I. GENERAL TERMS AND CONDITIONS...........................................................................................14 2. Special Conditions...........................................................................................................................................35 2.1. PURPOSE.............................................................................................................................................35 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION..........................................................................................................35 2.3. TERM OF CONTRACT.......................................................................................................................35 2.4. CONDITIONS FOR RENEWAL.........................................................................................................35 2.5. EQUAL PRODUCT CANNOT BE CONSIDERED: O.E.M. PARTS REQUIRED ...........................35 2.6. NON -APPROPRIATION OF FUNDS.................................................................................................35 2.7. METHOD OF AWARD.......................................................................................................................36 2.8. BIDDERS MINIMUM QUALIFICATIONS.......................................................................................36 2.9. DELIVERY...........................................................................................................................................37 2.10. OEM PRICE CATALOG...................................................................................................................37 2.11. HOURLY LABOR RATE..................................................................................................................37 2.12. MOTOR VEHICLE LICENSE REQUIREMENT.............................................................................37 2.13. AUTHORIZATION TO PICK-UP MATERIALS.............................................................................37 2.14. INSURANCE REQUIREMENTS......................................................................................................38 2.15. METHOD OF PAYMENT..................................................................................................................40 2.16. PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY ..........40 2.17. RESPONSE TIME..............................................................................................................................40 2.18. REFERENCES....................................................................................................................................40 2.19. UNAUTHORIZED WORK................................................................................................................40 2.20. PRICE LIST(S) TO BE FURNISHED SUBSEQUENT TO BID AWARD......................................41 2.21. ADDITIONS/DELETIONS OF FACILITIES/ITEMS/DEALERSHIPS...........................................41 2.22. CONTRACT ADMINISTRATOR......................................................................................................41 2.23. EMPLOYEES ARE RESPONSIBILITY OF BIDDER......................................................................41 2.24. TIE BIDS.............................................................................................................................................41 2.25. LIQUIDATED DAMAGES................................................................................................................42 2.26. SHIPPING TERMS.............................................................................................................................42 2.27. SHELF LIFE OF STOCK...................................................................................................................42 2.28. DAMAGE............................................................................................................................................42 2.29. BACK ORDERS.................................................................................................................................43 2.30. ACCEPTANCE OF PRODUCT BY THE CITY................................................................................43 2.31. WARRANTY REQUIREMENTS......................................................................................................43 2.32. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS..............................43 2.33. DEFICIENCIES IN WORK TO BE CORRECTED BY THE BIDDER...........................................43 2.34. SUB -CONTRACTORS OF WORK SHALL BE IDENTIFIED........................................................44 2.35. WORKMANSHIP AND MATERIALS.............................................................................................44 2.36. PERSONNEL......................................................................................................................................44 2.37. REFERENCES....................................................................................................................................44 2.38. UNAUTHORIZED WORK................................................................................................................44 2.39. SPECIFICATION EXCEPTIONS......................................................................................................44 Page 12 of 47 Page 417 of 1037 291272,3 2.40. TERMINATION.................................................................................................................................45 2.41. ADDITIONAL TERMS AND CONDITIONS...................................................................................45 3. Specifications...................................................................................................................................................46 3.1. SPECIFICATIONS/SCOPE OF WORK...............................................................................................46 Page 13 of 47 Page 418 of 1037 291272,3 Terms and Conditions 1. General Conditions 1.1. GENERAL TERMS AND CONDITIONS Intent: The General Terris 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. Fon-nal 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 for -nal 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 roust comply with the terns herein and be fully 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 conforn 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 for -nal 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 perforn under the terns and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a position to perforn the requirements defined in this for -nal solicitation. The City further reserves the right to waive any irregularities or minor infornalities or technicalities in any or all responses and may, at its discretion, re -issue this for -nal 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.miaini.fl.us/procurement 1.5. ALTERNATE RESPONSES MAY BE CONSIDERED - The City may consider one (1) alternate response from the same Bidder/Proposer for the same for -nal solicitation; provided, that the alternate response offers a different product that meets or exceeds the for -nal solicitation requirements. In order for the City to consider an alternate response, the Bidder/Proposer shall complete a separate Price Sheet fora and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to for -nal solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies. 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 Page 14 of 47 Page 419 of 1037 291272,3 proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to provide access at all reasonable tunes 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 forinal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of 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 Govermnental, 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 bidders)/proposer(s) at the contract price(s) established herein, when pennissible 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, detennine shipping teens and issue its own exemption certificates as required by the successful bidders)/proposer(s). 1.10. AWARD OF CONTRACT: A. The Fon-nal 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 detennined 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 teen 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 teen 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, teens 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 teen shall conclude upon completion of the expressed or implied warranty periods. Page 15 of 47 Page 420 of 1037 291272,3 G. The City reserves the right to award the contract on a split -order, lump sura or individual -item basis, or such combination as shall best serve the interests of the City unless otherwise specified. H. A Contract/Agreement maybe awarded to the Bidder/Proposer by the City Corninission 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 detennined to be in the City's best interests. Such agreement will be furnished by the City, will contain certain teens 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 fonns should be completed, signed and submitted accordingly. 1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement and/or file an acceptable Perfonnance 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 detennine 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 furnished after formal solicitation opening/closing only upon request of the City. If samples should be requested, such samples roust 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 frnn makes, or prepares to make, in order to deliver/perfonn the goods/services required by the City, is a business risk which the contractor roust 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 claire upon the City. 1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable Page 16 of 47 Page 421 of 1037 291272,3 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, firrn or corporation submitting a response 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 Fon-nal Solicitation. C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. D. Environinent Protection Agency (EPA), as applicable to this Fon-nal 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 Fon-nal Solicitation. H. National Forest Products Association (NFPA), as applicable to this Fon-nal 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. M. First Source Hiring Agreement, City Ordinance No. 10032, as applicable to this Fon-nal Solicitation. Implemented to foster the creation of new and penmanent jobs for City of Miami residents; requires as a condition precedent to the execution of service contracts including professional services. 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 tennination of contract(s). Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is unposed upon each RFP, RFQ, RFLI, or IFB after advertisement and tenminates at the time the City Manager issues a written Page 17 of 47 Page 422 of 1037 291272,3 recoimmendation to the Miami City Coimmission. 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 coni nittee. The provision does not apply to, among other coimnunications: oral coimmunications with the City purchasing staff, provided the communication is limited strictly to matters of process or procedure already contained in the forinal solicitation document; the provisions of the Cone of Silence do not apply to oral coimmunications 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 Coni nission unless specifically prohibited by the applicable RFP, RFQ, RFLI or IFB (bid) documents (See Section 2.2. of the Special Conditions); or coimmunications in connection with the collection of industry comments or the perfonnance 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 Clerk. 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 further clarification. This language is only a suns nary 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 Clerk 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 Formal 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 Fon-nal 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 firn. 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 goverm-nental practices, for his/her/its personal gain or benefit or for the personal gain or benefit of any other person Page 18 of 47 Page 423 of 1037 291272,3 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, coimnission or agency of the City within the past two years. Bidder/Proposer further 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 tennination of any professional services agreement with the City, imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Coimnission 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 perfonned in connection therewith shall be borne by the Bidders)/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 debannent 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 debannent, pending the debannent detennination. 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 debannent or suspension. Causes for debannent or suspension include the following: (1) Conviction for coni nission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the perfonnance 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 perforin in accordance with the teens and conditions of a Contract or to perforin within the time limits provided in a Contract, provided that failure to perforin caused by acts beyond the control of a party shall not be considered a basis for debannent or suspension. (5) Debannent or suspension of the Contractual Party by any federal, state or other governinental entity. Page 19 of 47 Page 424 of 1037 291272,3 (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 noncoinpliant. (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 responsibility of the Contractual Party perfonning 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) Debannent and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debannent 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 perforin 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 nonperfonnance, 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 tenors 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 tenninated and upon the City notifying in writing the contractor of its intentions and the effective date of the tennination. The following shall constitute default: A. Failure to perforin 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 perforin the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perforin new work where prior work has been rejected as nonconfonning with the tenors of the Contract. E. Becoming insolvent, being declared bankrupt, or coni pitting 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 perfonning the work in accordance with and as required by the Contract. F. Failure to comply with any of the teens of the Contract in any material respect. Page 20 of 47 Page 425 of 1037 291272,3 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 detennine if it is responsive to the submission requirements outlined in the Fon-nal 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 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 Tenors and Conditions. Price discounts off the original prices quoted in the response will be accepted from successful Bidders)/Proposer(s) during the teen 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 Fon-nal 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 Fon-nal 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 Tennis 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/perfonn 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 Fon-nal Solicitation and specifically this General Conditions Section, Contractor's Response and any written agreement entered into by the City of Miami and Contractor in cases 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 teens and conditions contained in the Fon-nal Solicitation and/or Response, the Fon-nal 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 detennining 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 Fon-nal Solicitation. Page 21 of 47 Page 426 of 1037 291272,3 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 ; 3) Response does not conform to the requirements of the Fon-nal 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 Fon-nal 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 fine 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 fine which has failed to perforin under the teens 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 fine which has been debarred by the City in accordance with the City's Debannent 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 Fon-nal Solicitation. Bidder/Proposer must be able to demonstrate a satisfactory record of perfonnance and integrity; and, have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The teens "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 detennined 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 perfonnance (experience) with the City or any other governmental entity in making the award. 3) The City may require the Bidders)/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 Fon-nal 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 teens and conditions of the resulting agreement it may lead to tenninating negotiations. 1.36. F.O.B. DESTINATION - Unless otherwise specified in the Fon-nal 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 Fon-nal Solicitation. Failure to do so may be cause for Page 22 of 47 Page 427 of 1037 291272,3 rejection of bid/proposal. 1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its response will be fine throughout the duration of the contract unless otherwise specified in the Fon-nal Solicitation. Such prices will remain fine for the period of perfonnance or resulting purchase orders or contracts, which are to be perfonned or supplied over a period of time. 1.38. FIRST -SOURCE HIRING AGREEMENT (Sec. 18-110) (a) The Commission approves implementation of the first -source hiring agreement policy and requires as a condition precedent to the execution of service contracts for facilities, services, and/or receipt of grants and loans, for projects of a nature that create new jobs, the successful negotiation of first -source hiring agreements between the organization or individual receiving said contract and the authorized representative unless such an agreement is found infeasible by the city manager and such finding approved by the City Commission at a public hearing. (b) For the purpose of this section, the following teens, phrases, words and their derivations shall have the following meanings: Authorized representative means the Private Industry Council of South Florida/South Florida Employment and Training Consortium, or its successor as local recipient of federal and state training and employment funds. Facilities means all publicly financed projects, including but without limitation, unified development projects, municipal public works, and municipal improvements to the extent they are financed through public money services or the use of publicly owned property. Grants and loans means, without limitation, urban development action grants (UDAG), economic development agency construction loans, loans from Miami Capital Development, Incorporated, and all federal and state grants administered by the city. Service contracts means contracts for the procurement of services by the city which include professional services. Services includes, without limitation, public works improvements, facilities, professional services, commodities, supplies, materials and equipment. (c) The authorized representative shall negotiate each first -source hiring agreement. (d) The primary beneficiaries of the first -source hiring agreement shall be participants of the city training and employment programs, and other residents of the city. 1.39. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24, states that 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 detennined 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 detennine whether any of its employees may be impacted by this Florida Law at any given point in time during the teen 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 successful bidder's/proposer's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the tenor of contract and waiver of any contractual price increase request(s). The City reserves the Page 23 of 47 Page 428 of 1037 291272,3 right to request and successful bidder/proposer must provide for any and all information to make a wage and contractual price increase(s) detennination. 1.40. 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, inediation or arbitration arising out of this Contract shall take place in Miami -Dade County, Florida. 1.41. 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 teens and provisions hereof. 1.42. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person or entity that perforans or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health inforanation (IIHI) and/or Protected Health Inforanation (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 inforanation only for perforaning services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non-peranitted disclosures; C. Reporting to the City of Miami of any non-peranitted 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 Inforanation (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. Making 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 foram and method of transmission (paper records, and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its privacy inforanation practices including specifically, a description of the types of uses and disclosures that would be made with protected health inforanation. 1.43. INDEMNIFICATION - Contractor shall indemnify , hold hanmless and defend the City, its officials, officers, 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 perforanance of this Contract and will indemnify, hold haranless 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 pennitted 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 haranless 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 Page 24 of 47 Page 429 of 1037 291272,3 liability and all suits and actions of every name and description which may be brought against City whether perfonned 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. 1.44. INFORMATION AND DESCRIPTIVE LITERATURE —Bidders/Proposer must furnish all information requested in the spaces provided in the Fon-nal 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. 1.45. INSPECTIONS - The City may, at reasonable times during the teen hereof, inspect Contractor's facilities and perforin such tests, as the City deems reasonably necessary, to detennine whether the goods and/or services required to be provided by the Contractor under this Contract conform to the teens and conditions of the Fon-nal Solicitation. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the perfonnance 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. 1.46. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Fon-nal 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 furnished 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. 1.47. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish 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 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 fraine 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 teens and conditions and shall not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from submitting future 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 teens that may be Page 25 of 47 Page 430 of 1037 291272,3 granted to the Bidder/Proposer. 1.48. 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). 1.49. LOCAL PREFERENCE A. City Code Section 18-85, states, "when a responsive, responsible non -local bidder subunits 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. 1.50. 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. Failure to provide such certification may result in the rejection of bid/proposal or tennination of contract/agreement, for which the bidder/proposer must bear full liability. 1.51. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or understanding to modify this Fon-nal 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. 1.52. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will 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. 1.53. NONCONFORMANCE TO CONTRACT CONDITIONS - Iteims 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 detennined 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. Iteims delivered not confonning to specifications may be rejected and returned at Bidder's/Proposer's expense. These non-confonning 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. 1.54. 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 perfonmance under this fon-nal solicitation. Furthennore, Bidder/Proposer agrees that no otherwise qualified individual shall solely by reason of Page 26 of 47 Page 431 of 1037 291272,3 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 perfonmance 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. 1.55. 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 forinal solicitation does not constitute the exclusive rights of the successful bidders)/proposer(s) to receive all orders that may be generated by the City in conjunction with this Fon-nal 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 teens, conditions and awards rendered under this solicitation, unless such purchases are detennined to be in the best interest of the City. 1.56. OCCUPATIONAL LICENSE - Any person, fine, corporation or joint venture, with a business location in the City of Miami and is submitting a Response under this Fon-nal 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. 1.57. ONE PROPOSAL - Only one (1) Response from an individual, fine, partnership, corporation or joint venture will be considered in response to this Fon-nal Solicitation. When submitting an alternate response, please refer to the herein condition for "Alternate Responses May Be Considered". 1.58. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records, files, or any other smatter whatsoever which is given by the City to the successful Bidder/Proposer pursuant to this fon-nal 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. 1.59. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or 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 fullest extent pennitted by law. 1.60. PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a Perfonmance/Payinent Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract price. 1.61. 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. Page 27 of 47 Page 432 of 1037 291272,3 A. Each Bidder/Proposer shall furnish the information required in the Fon-nal 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 nonnally 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 future reference. E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with the (inn's name and by an officer or employee having authority to bind the company or Finn 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 Fonns shall be used when Bidder/Proposer is submitting its response in hardcopy fon-nat. Use of any other fonns 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. 1.62. 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. 1.63. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the team 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. 1.64. 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, coimmission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Contract. 1.65. PROMPT PAYMENT —Bidders/Proposers may offer a cash discount for prompt payment; however, discounts shall not be considered in detennining the lowest net cost for response evaluation purposes. Bidders/Proposers are required to provide their prompt payment teens in the space provided on the Fon-nal 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 teams shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City, Page 28 of 47 Page 433 of 1037 291272,3 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 coimmencing on the date it is detennined 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 teen of the contract. 1.66. 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. 1.67. 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. 1.68. 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 perfonn 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. 1.69. 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's failure or refusal to comply with the provision of this section shall result in the iimmediate cancellation of this Contract by the City. 1.70. 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. 1.71. QUALITY OF WORKISERVICES - The work/services perfonmed must be of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality except as otherwise specified in this Solicitation. 1.72. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is detennined 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. Page 29 of 47 Page 434 of 1037 291272,3 1.73. 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 thein; 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 perfonnance, 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. 1.74. 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 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 ii. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the reconnnended 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 detennination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be confinned 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 Page 30 of 47 Page 435 of 1037 291272,3 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 deternination. 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 fora 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 pernitted 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 run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Internediate 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 Coni nission 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 further 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 City Manager makes a written deternination that the solicitation process or the Contract award must be continued without delay in order to avoid an inunediate 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 fora 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 Coni nission, as applicable, the filing fee shall be refunded 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. 1.75. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to Page 31 of 47 Page 436 of 1037 291272,3 the City. If not destroyed by testing, bidders)/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. 1.76. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign, transfer or subcontract at any time during the teen of the Contract, or any part of its operations, or assign any portion of the perfonnance required by this contract, except under and by virtue of written pennission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.77. 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. 1.78. 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 fine 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. 1.79. 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 RFLL 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 Fonns may be rejected. Hardcopy responses received at any other location than the specified shall be deemed non-responsive. 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 PAN AMERICAN 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 PAN 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 Page 32 of 47 Page 437 of 1037 291272,3 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 inforination previously stated in 1.82.A. 1.80. TAXES - 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. 1.81. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to tenninate 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 detennined by the City to be in breach of any of the tenns and conditions of the contract. B. The City has detennined that such tennination will be in the best interest of the City to tenninate 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 funds. 1.82. TERMS OF PAYMENT - 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 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. 1.83. 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. 1.84. 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. 1.85.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 Page 33 of 47 Page 438 of 1037 291272,3 "trade secrets." If the Response contains inforination 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 fine's name and the Solicitation mm-nber 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. 1.86. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidders)/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 Bidders)/Proposer(s) shall not be paid for any work perfonned or goods delivered outside the scope of the contract or any work perfonned by an employee not otherwise previously authorized. 1.87. 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 pennission of the City Manager or the City Commission. 1.88. 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 fully complies with the City's specifications. Page 34 of 47 Page 439 of 1037 291272,3 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for the purchase of Manufacturer's Dealer Original Equipment (OEM) Parts and Repair Services, as specified herein, from a source(s) of supply that will give prompt and efficient service 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 Purchasing Department, Attn: Terry Byrnes, CPPB; fax: (305) 400-5230 or email tbyrnes@ci.miami.fl.us. The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than Wednesday, July 26, 2012 at 3:00 PM. All responses to questions will be sent to all prospective bidders/proposers in the form on an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.3. 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 funds 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. 2.4. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (1) Continued satisfactory perfornance compliance with the specifications, terns and conditions established herein. (2) Availability of funds 2.5. EQUAL PRODUCT CANNOT BE CONSIDERED: O.E.M. PARTS REQUIRED The equipment to be repaired is critical to City operations; therefore, only parts produced by the original equipment manufacturer will be accepted under this bid. 2.6. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds 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 Contractor or his assignee of such Page 35 of 47 Page 440 of 1037 291272,3 occurrence, shall have the unqualified right to tenninate the contract without any penalty or expense to the City. No guarantee, warranty or representation is made that any particular or any project(s) will be awarded to any finn(s). 2.7. METHOD OF AWARD The Contract will be awarded to the lowest responsive and responsible bidder(s) whose bid meets required Specifications and Applications. The City reserves the right to make the award to bidder(s) based upon the lowest Fixed Hourly Labor Rate per Vehicle Type (as reflected in Specifications, Section 3.0) and lowest Cost to Transport the vehicles (automobiles, light and heavy trucks and equipment) to or from your facility, as necessary, whichever is in the best interest of the City. The anticipated number of Dealers to be awarded by Manufacturer's Brand is reflected in the attached Specifications, Section 3.0 and Bidders should bid on as many catalogs as licensed or pennitted by the original manufacturers. Bidder(s) may bid on engine, transmission and differential remanufacturing as well. The City reserves the right to add or delete suppliers as necessary to fulfill all OEM parts requirements and engine, transmission and differential remanufacturing, as is in the best interest of the City. The City reserves the right to accept or reject any or all responses to this IFB, waive infonnalities, and request rebids on the services specified in the IFB. 2.8. BIDDERS MINIMUM QUALIFICATIONS All Bidders shall meet the following minimum qualifications: A. Bidder must be a Manufacturer's approved/authorized Original Equipment Parts and Service Dealer for the brand being bid. The City reserves the right to request copy of documentation prior to award. B. Bidder must have a Dealer's Warranty Repair Labor Rate Reimbursement Agreement with the Manufacturer of the brand being bid. The City reserves the right to request copy of Agreement prior to award. C. Bidder must have a Dealer's Original Equipment Parts Supply Agreement with the Manufacturer of the brand being bid. The City reserves the right to request copy of Agreement prior to award. D. Bidder must be willing to supply and deliver Repair Parts to the City at Dealer Discounted Hourly Labor Rates plus a Fixed Percentage Discount for all OEM Catalog Parts. E. Bidder must be willing to supply the National Standard Price List, Part's Cost BOOKS, Tapes, Fiches, CD-ROM's, Digital or other documents as may be required by the City to verify pricing on an as requested basis. F. For all O.E.M. Parts and Repairs, Bidder must have a Parts Delivery System in place capable of supporting daily delivery activity to the City and Bidder(s) must be willing to supply Repair and/or Service Labor to the City for a minimum 15% Fleet Discount from its Current Hourly Labor Rate in its current Manufacturer to Dealer Warranty Repair Labor Rate Reimbursement Agreement with the Manufacturer of the brand bid. H. For all O.E.M. Parts and Repairs, Bidder must have a secure Service Facility capable of supporting the activities proposed and shall be located within the City of Miami corporate limits, Miami -Dade County or Broward County. For all Engine, Differential and Transmission Remanufacturing and Cores, units may be sent out of state for these services to be done and price includes all pick-up, freight and delivery costs. The City reserves the right to request copies of any of the above documents, agreements or other information prior to bid award. Page 36 of 47 Page 441 of 1037 291272,3 NOTE: The City reserves the right to refuse award to any bidder based on prices offered that are deemed to be not in the City's best interests. 2.9. DELIVERY Successful Bidder shall make delivery of any OEM parts ordered herein within twenty-four (24) hours after receipt of purchase order, Blanket Purchase Order/Blanket Release unless item is backordered and department is notified in advance. 2.10. OEM PRICE CATALOG If the bidder is awarded a contract under this bid solicitation, the dealer may submit a price adjustment to the City based on a Manufacturer's Revised Published Price List or written notification from the Manufacturer to the supplier of price increases, once per year in either January or July only, and will remain fixed and firm for each of the subsequent twelve (12) month period. The Revised Published Price Lists or Manufacturer's notifications shall be submitted to the City, and approved by the Director of Purchasing, through the issuance of an addendum to the contract award sheet prior to the effective date of the price adjustment. Revised published price list(s) may be used as a means of price adjustments. However, all bids are to be Finn for a period of one year after the bid opening date and revised price list(s) will not be accepted by the City until after that date. Revised published price list(s) will be accepted only in the event of an industry -wide price change, as evidenced by the issuance of revised price lists by the manufacturer. NOTE: The City reserves the right to eliminate any bidder or vendor based on Manufacturer's Pricing or Price Changes requested that are deemed not to be in the City's best interest. 2.11. HOURLY LABOR RATE The fixed hourly labor rate quoted shall include full compensation for labor, equipment use, travel time, and any other cost to the bidder. This rate is assn ned to be at straight time for all labor, except as otherwise noted. The fixed hourly labor rate is for the full term of the contract. 2.12. MOTOR VEHICLE LICENSE REQUIREMENT Applicable to this IFB, per Chapter 320 of the Florida Statutes, "No motor vehicle, foreign or domestic may be sold, leased or offered for sale or lease in this state unless the Manufacturer, hnporter or Distributor of such motor vehicle which issues an agreement to a motor vehicle dealer in this state is licensed under SS 320.60-320.70." Bidders submitting bids in conjunction with this solicitation should attach, in the Header/Attachment Section, a copy of this license with the bid. Failure to meet this requirement may result in the bid being deemed non-responsive. 2.13. AUTHORIZATION TO PICK-UP MATERIALS City of Miami employees are authorized to pick-up materials against Purchase Orders/Blanket Purchase Orders/Blanket Releases issued to the successful bidder(s). If the successful bidder(s) is in doubt about the Page 37 of 47 Page 442 of 1037 291272,3 authenticity of the person picking up the material, the Successful Bidder(s) shall contact the appropriate Fleet Superintendant or Fire Garage Contract Administrator for assistance. 2.14. INSURANCE REQUIREMENTS 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 perfonnance under the provisions of the contract, including all acts or omissions to act on the part of bidder, including any person perfonning 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: 2.12.1. Garage Liability A. Limits of Liability: Bodily Injury and Property Damage Liability Each Occurrence $ 1,000,000 General Aggregate Limit $ 2,000,000 Products/Completed Operations $ 1,000,000 Personal and Advertising Injury $ 1,000,000 B. Endorsements Required: City of Miami is included as an Additional Insured Waiver of Subrogation 2.12.2. Business Automobile Liability A. Limits of Liability: Bodily Injury and Property Damage Liability Combined Single Limit Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required: City of Miami is included as an Additional Insured Page 38 of 47 Page 443 of 1037 291272,3 2.12.3. Worker's Compensation A. Limits of Liability B. Statutory -State of Florida C. Waiver of subrogation 2.12.4. Employer's Liability A. Limits of Liability B. $1,000,000 for bodily injury caused by an accident, each accident. C. $1,000,000 for bodily injury caused by disease, each employee D. $1,000,000 for bodily injury caused by disease, policy limit 2.12.5. Garage Keepers Legal Liability A. Limits of Liability $ 2,000,000 B. Coverage written on a Legal Liability Basis, Primary C. Deductibles D. Comprehensive Each Auto $1,000/$2,500 Max E. Collision or Upset Each Auto $1,000/$5,000 Max 2.12.6. Umbrella Policy A. Limits of Liability B. Bodily Injury and Property Damage Liability C. Each Occurrence $ 5,000,000 D. Aggregate $ 5,000,000 E. Products Liability $5,000,000 Companies authorized to do business in the State of Florida with the following qualifications, shall issue all insurance Policies required above. The company must be rated no loss than "A" as to Management, and no less than "Class V" as to Financial Strength by the latest edition of Best 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. Companies shall provide written notice to the City's Department of Risk Management of any material change, cancellation and/or notice of non -renewal of the insurance within 30 days of the change. 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 Page 39 of 47 Page 444 of 1037 291272,3 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: a. 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. b. The City may, at its sole discretion, tenninate this contract for cause and seek re -procurement damages from the Bidder in conjunction with the General Teens 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 teens that may be granted to the Bidder. 2.15. METHOD OF PAYMENT Full payment will be made upon receipt and acceptance of a complete unit(s). No down or partial down payments will be made. 2.16. PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY The successful 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 contain the items and shall be made available to the City's authorized representative during delivery. The packing slip or delivery ticket shall include, at a minimum, the following infonnation: 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. 2.17. RESPONSE TIME A two 2 hour response time is required for repairs. Failure to respond to a repair service call within the specified time will result in the successful vendor paying any and all costs associated with the repairs perfonned by a secondary vendor. 2.18. REFERENCES Each bid must be accompanied by a list of three (3) references (see Certifications/Attributes Section), 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. 2.19. UNAUTHORIZED WORK Page 40 of 47 Page 445 of 1037 291272,3 Neither the Successful Bidder(s) nor any of his/her employees shall perforin any work unless duly authorized by a City representative. The Successful Bidder(s) shall not be paid for any work perfonned outside the scope of the contract or any work perforined by an employee not otherwise previously authorized. 2.20. PRICE LIST(S) TO BE FURNISHED SUBSEQUENT TO BID AWARD The successful bidder(s) shall be required to furnish price lists (printed or microfiche) upon notice of award, from any City department at no charge. This price list shall provide descriptive literature, technical data, and service inforination for items awarded. Time of delivery for these lists shall be mutually agreed upon by the successful vendor(s) and the City. Price lists will be updated annually, per Section 2.10. in January and July of each year only and will be fixed and firin pricing for the next twelve (12) months. 2.21. ADDITIONS/DELETIONS OF FACILITIES/ITEMS/DEALERSHIPS Although this Solicitation requires OEM parts and services to be supplied, it is hereby agreed and understood that any dealership/item/product may be added/deleted to/from this contract at the option of the City. 2.22. CONTRACT ADMINISTRATOR Upon award, contractor shall report and work directly with Jose Davila, Heavy Fleet Superintendant; John Babos, Light Fleet Superintendant for GSA, and Lt. Jose Gomez, Fire Garage, who shall be designated as the Contract Administrator. 2.23. EMPLOYEES ARE RESPONSIBILITY OF BIDDER All employees of the successful Bidder(s) shall be considered to be, at all times, the sole employees of the Bidder under its sole direction and not an employee or agent of the City of Miami. The successful Bidder(s) shall provide competent and physically capable employees to perforin according to all specifications. The City of Miami may require the Bidder to remove an employee it deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued employment on/handling City property is not in the best interest of the City. Each employee of the successful Bidder(s) shall have and wear proper identification. 2.24. 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 is 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. Page 41 of 47 Page 446 of 1037 291272,3 (2) Infonn 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 teens of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's cornmunity, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. 2.25. LIQUIDATED DAMAGES Bidder shall provide all OEM parts at the guaranteed delivery time specified by the City in the Delivery Section (see Section 2.9) of this solicitation and respond to a repair service call within the timefraine stipulated in Section 2.17. If the successful bidder fails to deliver or respond within the specified time, it is understood that 1% of the unit price per calendar day per item will be deducted, as liquidated damages, for each day beyond the specified time, not as a penalty but as a fonn of compensation for the loss of not having the ability to use the product and/or vehicle. 2.26. SHIPPING TERMS All bidders shall quote prices based on F.O.B. Destination and shall hold title to the goods until such time as they are delivered to, and accepted by, the Contract Administrator, or authorized designee, at the City of Miami Fleet Management Division located at 1390 N.W. 20th Street, Miami, Florida 33142 or Fire Garage located at 1151 N.W. 7th St. Miami, FL 33136. 2.27. SHELF LIFE OF STOCK The successful bidder(s) shall ensure that adequate stock levels are maintained at its place of business in order to assure the City of prompt delivery. If the delivery teens specified in the Solicitation are not fulfilled by the bidder, the City reserves the right to cancel the order, purchase the goods elsewhere, and charge the bidder for any re -procurement costs incurred by the City. 2.28. DAMAGE The Contractor shall carry out the work with such care and methods as not to result in damage to City property. The Contractor is responsible for iimnediate repair of any damage caused by his/her work and shall be fully responsible for any repairs at no cost to the City. Page 42 of 47 Page 447 of 1037 291272,3 2.29. BACK ORDERS If the successful bidder(s) experiences a back order of items from its manufacturer or distributor, the bidder shall insure that such back orders are filled within five (5) calendar days from the date of the initial delivery. The successful bidder(s) shall not invoice the City for back ordered items until such back orders are delivered and accepted by the City's authorized representative. It is understood and agreed that the City may, at its discretion, verbally cancel back orders after the grace period identified in this paragraph has lapsed, seek the items from another vendor, and charge the bidder for any re -procurement costs. 2.30. ACCEPTANCE OF PRODUCT BY THE CITY The products shall be maintained and delivered to the City in excellent condition. If a product does not meet specifications, it will be returned to the bidder as exchange for suitable merchandise or for full credit at no additional cost to the City. 2.31. WARRANTY REQUIREMENTS Warranty shall be the Manufacturer's Standard for Repair Parts or Ninety (90) Calendar Days, whichever is greater. Warranty for repairs shall be for a minimum twelve (12) months or 12,000 miles, whichever comes first. For all Engine, Differential and Transmission Remanufacturing, units must be warranted for three (3) years or 100,000 miles after reinstallation in vehicle. 2.32. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS The Bidder hereby acknowledges and agrees that all materials supplied by the successful Bidder(s) in conjunction with this Bid shall be new, except when rebuilt, repaired or remanufactured is requested by the City warranted for their merchantability, and fit for a particular purpose. In the event any of the materials supplied to the City by the Bidder are found to be defective or do not conform to specifications, the City reserves the right to (1) cancel the order and return such materials to the successful Bidder(s) at the Bidder's expense or (2) require the successful Bidder(s) to replace the materials at the successful Bidder's expense. 2.33. DEFICIENCIES IN WORK TO BE CORRECTED BY THE BIDDER The successful bidder(s) shall promptly correct all deficiencies and/or defects in work and/or any work that fails to conform to the Contract Documents; whether or not fabricated, installed or completed. All corrections shall be made within five (5) calendar days after such rejected defects, deficiencies, and/or non-perfornances are verbally reported to the bidder by the City's Fleet Management Division's Administrator or his designee. The successful bidder(s) shall bear all costs of correcting such rejected work. If the successful bidder(s) fails to correct the work within the period specified, the City may, at its discretion, notify successful bidder(s), in writing, that the successful bidder(s) is subject to contractual default provisions if the corrections are not completed to the satisfaction of the City within ten (10) calendar days of receipt of the notice. If the successful bidder(s) fails to correct the work within the period specified in the notice, the City shall place the successful bidder(s) on default, obtain the services of another vendor to correct the deficiencies, and charge the successful bidder(s) for these costs; either through a deduction from the final payment owed to the successful bidder(s) or through invoicing. Page 43 of 47 Page 448 of 1037 291272,3 2.34. SUB -CONTRACTORS OF WORK SHALL BE IDENTIFIED As part of its response, Bidder is required to identify any and all sub -contractors that will be used in the performance of the proposed contract, their capabilities and experience, and the portion of the work to be done by the sub -contractor, if applicable. The competency of the sub -contractors) with respect to experience, skill, responsibility, and business standing shall be considered by the City when making the award in the best interest of the City. If bidder fails to identify any and all sub -contractors in the Bid response, the bidder may be allowed to submit this documentation to the City when such action is in the best interest of the City. 2.35. WORKMANSHIP AND MATERIALS All parts installed and materials used in performance of this contract shall be unused, and or new (of current design or manufacture). Salvage materials will not be allowed without the express consent of the City. All materials and workmanship shall be of the highest quality so as to ensure safe and functional operation. The City shall be the sole judge as to parts and workmanship. 2.36. PERSONNEL Bidder shall be deemed to represent that it has, or will have upon the award of the Contract, all necessary personnel required to perform all services arising from the award of the Contract. All personnel employed shall be employees of successful Bidder(s). All the services required herein shall be perfonned by the Successful Bidder(s), and all personnel engaged in performing the services shall be fully qualified to perform such services. 2.37. REFERENCES Each bid must be accompanied by a list of references, 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. 2.38. UNAUTHORIZED WORK Neither the Successful Bidder(s) nor any of his/her employees shall perform any work unless duly authorized by a City representative. The Successful Bidder(s) shall not be paid for any work perfonmed outside the scope of the contract or any work performed by an employee not otherwise previously authorized. 2.39. 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 Page 44 of 47 Page 449 of 1037 291272,3 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. 2.40. TERMINATION A. FOR DEFAULT If Contractor defaults in its perfonnance under this Contract and does not cure the default within 30 days after written notice of default, the City Manager may tenninate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Contractor shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is detennined for any reason that the Contractor was not in default or (2) the Contractor's failure to perforin is without his or his subcontractor's control, fault or negligence, the tennination will be deemed to be a tennination for the convenience of the City of Miami. B. FOR CONVENIENCE The City Manager may tenninate this Contract, in whole or in part, upon 30 days prior written notice when it is in the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so tenninated for the convenience by the City of Miami the Contractor will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so tenninated, 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 tennination. 2.41. ADDITIONAL TERMS AND CONDITIONS No additional teens and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional teens 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 teens or conditions which materially or substantially vary, modify or alter the teens 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 teens and conditions shall have no force or effect and are inapplicable to this PSA or Agreement. Page 45 of 47 Page 450 of 1037 291272,3 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK This solicitation seeks suppliers to provide Manufacturer's Dealer Original Equipment (OEM) Parts and Service per the requirements of this IFB. No "Approved Equal" parts will be allowed or considered. 3.2 PARTS AND DEALER LOCATIONS: The City reserves the right to acquire parts from Successful Bidders based on lowest price(s), location, availability of parts and who provides more frequent delivery service over once daily. The City reserves the right to pick-up critically needed parts itself at the most conveniently located dealer geographically, as necessary. 3.2.1. ENGINE, TRANSMISSION AND DIFFERENTIAL REPAIRS AND REMANUFACTURING: For all Engine, Differential and Transmission Remanufacturing and Cores, units may be sent out of state for these services to be provided and price includes all pick-up, freight and delivery costs. Engines: The complete engine will be completely remanufactured using a new set of internal parts: pistons, rings, bearing and timing components, valves, valve springs, retainers, and lifters (lifters may be new or remanufactured). All other castings and components will be remanufactured back to O.E.M. specifications. The engine will be reassembled and live run tested with checks on oil pressure, compression and vacuum. The engine will include the block, head(s), oil pump, and pan, timing cover and finishing gaskets. There must be a minimum of three (3) year 100,000 smile warranty. Transmissions: The Automatic Transmission will be completely remanufactured using a standard set of new internal parts: friction clutch plates, sprag, bearings, races, bushings, washers, gaskets, sealing rings, lip seals, filter or screen assembly, new or relined bands and front pump assembly. The valve body will be remanufactured and calibrated. The torque converter will also be remanufactured and balanced. Every automatic transmission is dynamometer tested with checks on shift pattern, oil pressure, stall test, fluid leak test and park test. There must be a minimum of three (3) year 100,000 smile warranty. Differentials: Light duty differentials with axle housing will have all new internal bearing and seals. The unit will be remanufactured back to O.E.M. specifications. The gearing must be inspected and 'imic'ed; with test on backlash, runout, pinion preload and tooth contact pattern. The unit does not have axle shafts, backing plates, sensors, brakes and brake hubs. There must be a iminitmun of three (3) year 100,000 smile warranty. 3.3 NUMBER OF AWARDED DEALERS: Page 46 of 47 Page 451 of 1037 291272,3 3.3.1 While the City will award Dealers complying with the provisions of the Special Conditions at the inception of this IFB and in accordance with the number of dealers listed below, it reserves the right to add dealers to this contract at any point throughout the teen of the contract. 3.3.2 The following is the anticipated number of dealers to be Awarded by Manufacturer's Brand. However, based upon the responses to this IFB, bidders awarded by Brand may be more, or less, than those indicated below. Light Fleet and Heavv Fleet 1. Buick 1 16. Freightliner 1 2. Cadillac 1 17. Heil 1 3. Chevrolet 3 18. American LaFrance 1 4. Dodge 2 19. Sterling 1 5. Ford 3 20. Condor 1 6. GMC 2 21. International 1 7. Lincoln Mercury 1 22. Kenworth 1 8. Harley Davidson 2 23. Pierce 1 9. Kawasaki 1 24. Spartan 1 10. Oldsmobile 1 25. Young 1 11. Pontiac 1 26. Cummins 1 12. Toyota 1 27. Caterpillar 1 13. Mitsubishi 1 28. Detroit Diesel 2 14. Nissan 1 29. Mercedes Benz 2 15. Richtein International 1 30. Allison Transmission 1 The City reserves the right to add or delete Manufacturer's Brands as may be in its best interest during the life of this contract. The City reserves the right to adjust the number of awarded vendors by Manufacturer's Brand upwards or downwards or add additional suppliers, at any time as may be deemed in its best interest during the life of the contract. Page 47 of 47 Page 452 of 1037 Crystal Report Viewer i"F'� ttv A � us�a� enaaa � T� City of Miami Text File Report Page 1 of 1 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 12-01095 Type: Resolution Status: Passed Enactment #: R-12-0403 Enactment Date: 10/25/12 Version: 1 Introduced: 9/25/12 Controlling Body: Office ofthe City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED AUGUST 21, 2012, PURSUANT TO INVITATION FOR BID NO. 291272, FROM VARIOUS RESPONSIVE AND RESPONSIBLE BIDDERS, FOR OEM PARTS, ENGINE AND TRANSMISSION REPAIRS TO CITY OF MIAMI VEHICLES AND EQUIPMENT, ON AN AS -NEEDED BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES; AUTHORIZING SAID SERVICES AS NEEDED, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE ADDITION OF SUPPLIERS TO THE CONTRACT AS DEEMED IN THE BEST INTEREST OF THE CITY OF MIAMI. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The bids received August 21, 2012, pursuant to Invitation for Bid No. 291272, from various responsive and responsible bidders, for OEM parts, engine and transmission repairs to City of Miami vehicles and equipment, on an as -needed basis, for an initial contract period of two (2) years, with the option to renew for three (3) additional one-year periods, are accepted, with funds allocated from the various sources of funds from the user departments and agencies, and said services are authorized as needed, subject to the availability of funds and budgetary approval at the time of need. Section 2. The addition of suppliers added to the contract as deemed in the best interest of the City of Miami is authorized. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. { 1 } Page 453 of 1037 http://egov.ci.miami.fl.us/LegistarWeb/temp/rep8538.html 11/5/2012 10: Ricardo Falero, Director Department of General Services Administration Kenneth Robertson, Director Department of Purchasing CITY OF MIAW, FLDRIDA IIINTER-OFFICE MEMORANDUM DA FE REFERENCES ERE ;t February 20, 2013 1 ILE, OEM Parts, Engine and Transmission Repairs to City of Miami Vehicles and Equipment Bid No. 291272(17) Amendment No. 1 Effective January 30, 2013, the Department of Purchasing is exercising the right to use Section 2.21, Additions/Deletions of Facilities/Items/Dealerships, of the contract for OEM Parts, Engine and Transmission Repairs to City of Miami Vehicles and Equipment. Consequently, additional dealerships are hereby added to this contract, and the names of five (5) dealerships have been changed as follows: Dealerships added: • Ford Midway Mall, Inc. • West Kendall Toyota • Peterson's Harley Davidson Dealerships name changed to: • AN Imports on Weston Road, Inc. d/b/a Autonation Toyota Scion Weston • Bull Motors, LLC d/b/a Autonation Ford of Miami • Pembroke Motors, Inc. d/b/a Autonation Chrysler Dodge Jeep Ram Pembroke Pines • Abraham Chevrolet -Miami, Inc. d/b/a Autonation Chevrolet Coral Gables • Autonation USA of Perrine, Inc. d/b/a Autonation Nissan Kendall For future reference, please attach this amendment to said contract. When in need of any of the applicable supplies and/or services, please refer to the contract to identify the vendor name, description and respective unit price. Should any using department experience any difficulties with the contractor, please document the matter and immediately advise Terry Byrnes, CPPB, Procurement Supervisor, at (305) 416-1917 for assistance. Copy: Bid file Page 454 of 1037 Ti"'tv of *Hlamt CONTRACT A W A R D AMENDMENT NO. 1 BID NO: 291272(17) DESCRIPTION: OEM PARTS, ENGINE AND TRANSMISSION REPAIRS TO CITY OF MIAMI VEHICLES AND EQUIPMENT TERM OF CONTRACT: TWO (2) YEARS, WITH OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS CONTRACT PERIOD: NOVEMBER 18, 2012 THROUGH NOVEMBER 17, 2014 COMMODITY CODE: 06069-00; 06071-00 SECTION #1 —VENDOR AWARD Autonation USA of Perrine, Inc. d/b/a Autonation Nissan Kendall 17305 South Dixie Highway Perrine, FL 33315 Contact: Mr. Walter Salvatierra/Mr. Alex Delval Phone: (305) 259-2640 Fax: N/A E-mail Address: delvala(o),autonation.com AN Imports on Westin Road, Inc. d/b/a Autonation Toyota Scion Weston 4050 Weston Road Davie, FL 33331 Contact: Mr. Steve Notley/Mr. Morris Lischner Phone: (954) 659-1800 Fax: (954) 659-1853 E-mail Address: lischnerm(a-),autonation.com Joe Blair Garden Supply, Inc. 320 NE 79th Street Miami, FL 33138 Contact: Mr. David Shoaf Phone: (305) 757-5554 Fax: (305) 757-5554 E-mail Address: dave(cjoeblairlawnmower. com Reliable Transmission Service, Inc. 661378 th Street South Riverview, FL 33578 Contact: Ms. Rebecca Mann Phone: (813) 677-8883 Fax: (813) 677-2800 E-mail Address: rebeccam(cr�.rtsallison.com Bull Motors, LLC d/b/a Autonation Ford of Miami 16800 NW 57th Avenue Miami, FL 33015 Contact: Mr. Jose Lopez/Mr. Hector Suarez Phone: (305) 557-6500/(305) 557-5580 Fax: (305) 557-4310 E-mail Address: suarezvCq_)autonation.com Pembroke Motors, Inc. d/b/a Autonation Chrysler Dodge Jeep Ram Pembroke Pines 13601 Pines Boulevard Pembroke Pines, FL 33027 Contact: Mr. Robert Winfree/Ms. Radames Rosario Phone: (305) 970-1093/(954) 441-2052 Fax: (954) 441-2093 E-mail Address: rasario1(o),autonation.com Abraham Chevrolet -Miami, Inc. d/b/a Autonation Chevrolet Coral Gables 4181 SW 8th Street Miami, FL 33134 Contact: Mr. Juan Aleman/Mr. Juan Huerta Phone: (786) 402-4586 Fax: (305) 448-2670 E-mail Address: huertal(cr�.autonation.com K.V.P. Enterprises, Inc. d/b/a Expert Diesel 4700 Oakes Road Davie, FL 33314 Contact: Ms. Melissa Cruz Phone: (954) 583-2400 Fax: (954) 583-2085 E-mail Address: mcQcumminsexpert.com Page 455 of 1037 Gus Machado Ford, Inc. 1200 W 491h Street Hialeah, FL 33012 Contact: Mr. Scott Kaplan Phone: (305) 822-3211 Fax: (305) 819-5427 E-mail Address: skaplan(a),machadoford.com West Kendall Toyota 13800 SW 137th Avenue Miami, FL 33186 Contact: Mr. Danny Nieves Phone: (305) 218-5617 Fax: N/A E-mail Address: dannyC,)kendalltoyota.com Ford Midway Mall, Inc. 8155 West Flagler Street Miami, FL 33144 Contact: Mr. Jorge Garbalosa Phone: (305) 798-9068 Fax: N/A E-mail Address: igarbalosa(a),midwayfordmiami.com Peterson's Harley Davidson 19400 NW 2nd Avenue Miami, FL 33169 Contact: Mr. Ace Armstrong Phone: (305) 542-9287 Fax: N/A E-mail Address: ace(a),miamiharley.com SECTION #2 —AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES CC AWARD DATE: OCTOBER 25, 2012 AMENDED AMOUNT: N/A RESOLUTION NO: 12-0403 INSURANCE REQUIREMENTS: YES TOTAL CONTRACT AMOUNT: SEE BELOW PERFORMANCE BOND: N/A Note: Funds allocated from the various funding sources from APPLICABLE ORDINANCES: N/A the user departments and agencies are subject to availability and budgetary approval at the time of need. Effective January 30, 2013, the Department of Purchasing is exercising the right to use Section 2.21, Additions/Deletions of Facilities/Items/Dealerships, of the contract for OEM Parts, Engine and Transmission Repairs to City of Miami Vehicles and Equipment. Consequently, additional dealerships are hereby added to this contract, and the names of five (5) dealerships have been changed as follows: Dealerships added: • Ford Midway Mall, Inc. • West Kendall Toyota • Peterson's Harley Davidson Dealerships name changed to: • AN Imports on Weston Road, Inc. d/b/a Autonation Toyota Scion Weston • Bull Motors, LLC d/b/a Autonation Ford of Miami • Pembroke Motors, Inc. d/b/a Autonation Chrysler Dodge Jeep Ram Pembroke Pines • Abraham Chevrolet -Miami, Inc. d/b/a Autonation Chevrolet Coral Gables • Autonation USA of Perrine, Inc. d/b/a Autonation Nissan Kendall SECTION #3 - REQUESTING DEPARTMENT DEPARTMENT OF GENERAL SERVICES ADMINISTRATION Contract Administrator: John Babos Phone: (305) 329-4874 Fax: (305) 329-4875 SECTION #4 - PROCURING AGENCY CITY OF MIAMI, DEPARTMENT OF PURCHASING Sr. Buyer: Terry Byrnes, CPPB Phone: (305) 416-1917 Fax: (305) 416-1925 Prepared By: Max Sagesse, 2/20/2013 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.miamigov.com/procurement Page 456 of 1037 > > > > > 4 2 > > > > > > � , | y y y y y 2 z z z z z z z z z z z z !�! , )\]))2 2 > > > > > > > > > > > > } y y y y y y \\§ ` - §))| 2 > > > > > > , , .. Z > > > , , > > \� y y } / y y y y i 22 % /] ] > z , > > > > o{) ƒ\ o\ o/*)` ƒ\)ifE\\ ! ]!(!! 2§.A{ _ _ !.9A );l;. rl- q O 0 m LO � ¢ 2 n 0- (§ 2 > > > > > > > > ! § ! § § § § G G § § \./ ! ® ® § § > > > § !�! \\§ ` - > .. > i \t > > > > > > � § \ .�:I* }!! 2|!" :]!!!§]! 2! -_7..�!!i |_|||||||||_!!|!!$ rl- q O 0 m LO � ¢ 2 n 0- § I m ) n§nn§ )2 4 ! k \ | \./ ® k !;!! � !�! \)§ , - .. \\ � i \\ � § I J.. ]#2 11 \ \.! , !]\) n !a IF n 11 11 )]§ §§§§§§§§§§§ | ! . �•.! - _ !!■!:| ! !7!!!!!!e■; � q O 0 m LO 'IT ¢ 2 n � ) n§nn§ )2 ] § k \ | { ® k ! ! J.. ]#2 11 \ \.! , !]\) n !a IF n 11 11 )]§ §§§§§§§§§§§ | ! . �•.! - _ !!■!:| ! !7!!!!!!e■; � q O 0 m LO 'IT ¢ 2 n � 10: Ricardo Falero, Director Department of General Services Administration Kenneth Robertson, Director Department of Purchasing CITY OF MIAWR_.ORIDA IIINTER-OFFICE MEMORANDUM DA FE June 6, 2013 1 RAH OEM Parts, Engine and Transmission Repairs to City of Miami Vehicles and Equipment Bid No. 291272(17) Amendment No. 2 Effective June 10, 2013, the Department of Purchasing is exercising the right to use Section 2.21, Additions/Deletions of Facilities/Items/Dealerships, of the contract for OEM Parts, Engine and Transmission Repairs to City of Miami Vehicles and Equipment. Consequently, an additional dealership is hereby added to this contract as follows: • Metro Ford, Inc. For future reference, please attach this amendment to said contract. When in need of any of the applicable supplies and/or services, please refer to the contract to identify the vendor name, description and respective unit price. Should any using department experience any difficulties with the contractor, please document the matter and immediately advise Terry Byrnes, CPPB, Procurement Supervisor, at (305) 416-1917 for assistance. Copy: Bid file Page 460 of 1037 Ti"'tv of *Hlamt CONTRACT A W A R D AMENDMENT NO. 2 BID NO: 291272(17) DESCRIPTION: OEM PARTS, ENGINE AND TRANSMISSION REPAIRS TO CITY OF MIAMI VEHICLES AND EQUIPMENT TERM OF CONTRACT: TWO (2) YEARS, WITH OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS CONTRACT PERIOD: NOVEMBER 18, 2012 THROUGH NOVEMBER 17, 2014 COMMODITY CODE: 06069-00; 06071-00 SECTION #1 — VENDOR AWARD Autonation USA of Perrine, Inc. d/b/a Autonation Nissan Kendall 17305 South Dixie Highway Perrine, FL 33315 Contact: Mr. Walter Salvatierra/Mr. Alex Delval Phone: (305) 259-2640 Fax: N/A E-mail Address: delvalaCcr�.autonation.com AN Imports on Westin Road, Inc. d/b/a Autonation Toyota Scion Weston 4050 Weston Road Davie, FL 33331 Contact: Mr. Steve Notley/Mr. Morris Lischner Phone: (954) 659-1800 Fax: (954) 659-1853 E-mail Address: IischnermCcr�.autonation.com Joe Blair Garden Supply, Inc. 320 NE 79th Street Miami, FL 33138 Contact: Mr. David Shoaf Phone: (305) 757-5554 Fax: (305) 757-5554 E-mail Address: daveCcr�.ioeblairlawnmower. com Reliable Transmission Service, Inc. 661378 th Street South Riverview, FL 33578 Contact: Ms. Rebecca Mann Phone: (813) 677-8883 Fax: (813) 677-2800 E-mail Address: rebeccamartsallison.com Bull Motors, LLC d/b/a Autonation Ford of Miami 16800 NW 57th Avenue Miami, FL 33015 Contact: Mr. Jose Lopez/Mr. Hector Suarez Phone: (305) 557-6500/(305) 557-5580 Fax: (305) 557-4310 E-mail Address: suarezvCcr�.autonation.com Pembroke Motors, Inc. d/b/a Autonation Chrysler Dodge Jeep Ram Pembroke Pines 13601 Pines Boulevard Pembroke Pines, FL 33027 Contact: Mr. Robert Winfree/Ms. Radames Rosario Phone: (305) 970-1093/(954) 441-2052 Fax: (954) 441-2093 E-mail Address: rasario1Ccr�.autonation.com Abraham Chevrolet -Miami, Inc. d/b/a Autonation Chevrolet Coral Gables 4181 SW 8th Street Miami, FL 33134 Contact: Mr. Juan Aleman/Mr. Juan Huerta Phone: (786) 402-4586 Fax: (305) 448-2670 E-mail Address: huertaiCcr�.autonation.com K.V.P. Enterprises, Inc. d/b/a Expert Diesel 4700 Oakes Road Davie, FL 33314 Contact: Ms. Melissa Cruz Phone: (954) 583-2400 Fax: (954) 583-2085 E-mail Address: mcCcr�.cumminsexpert.com Page 461 of 1037 Gus Machado Ford, Inc. 1200 W 491h Street Hialeah, FL 33012 Contact: Mr. Scott Kaplan Phone: (305) 822-3211 Fax: (305) 819-5427 E-mail Address: skaplan(a),machadoford.com West Kendall Toyota 13800 SW 137th Avenue Miami, FL 33186 Contact: Mr. Danny Nieves Phone: (305) 218-5617 Fax: N/A E-mail Address: dannyC,)kendalltoyota.com Metro Ford, Inc. 9000 NW 7th Avenue Miami, FL 33150 Contact: Mr. Randy Barnwell Phone: (305) 751-9711 Fax: (786) 472-7036 E-mail Address: you rservice(a),metroford.com Ford Midway Mall, Inc. 8155 West Flagler Street Miami, FL 33144 Contact: Mr. Jorge Garbalosa Phone: (305) 798-9068 Fax: N/A E-mail Address: igarbalosa(a),midwayfordmiami.com Peterson's Harley Davidson 19400 NW 2nd Avenue Miami, FL 33169 Contact: Mr. Ace Armstrong Phone: (305) 542-9287 Fax: N/A E-mail Address: ace(a),miamiharley.com SECTION #2 — AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES CC AWARD DATE: OCTOBER 25, 2012 AMENDED AMOUNT: N/A RESOLUTION NO: 12-0403 INSURANCE REQUIREMENTS: YES TOTAL CONTRACT AMOUNT: SEE BELOW PERFORMANCE BOND: N/A Note: Funds allocated from the various funding sources from APPLICABLE ORDINANCES: N/A the user departments and agencies are subject to availability and budgetary approval at the time of need. Effective June 10, 2013, the Department of Purchasing is exercising the right to use Section 2.21, Additions/Deletions of Facilities/Items/Dealerships, of the contract for OEM Parts, Engine and Transmission Repairs to City of Miami Vehicles and Equipment. Consequently, an additional dealership is hereby added to this contract as follows: Metro Ford, Inc. SECTION #3 - REQUESTING DEPARTMENT DEPARTMENT OF GENERAL SERVICES ADMINISTRATION Contract Administrator: John Babos Phone: (305) 329-4874 Fax: (305) 329-4875 SECTION #4 - PROCURING AGENCY CITY OF MIAMI, DEPARTMENT OF PURCHASING Sr. Buyer: Terry Byrnes, CPPB Phone: (305) 416-1917 Fax: (305) 416-1925 Prepared By: Max Sagesse, 6/6/2013 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.miamigov.com/procurement Page 462 of 1037 H � LU N v W n = In N< > m C > LL F a O Y V O a a rl 00 m m m m m V Z Z Z O S z O O m m m m Q }> 0) Z Z Z Z L/1 Z Y V m 0 V_ S O }> Z Z 0 CL V Z ) O i+ 0 V O z O O O O O 2 p 2 p 2 N 00 > 00LLI 000 ++ m SO_0 L +. H 03 N > E w ++ ns SO_0 00 m S i SM - 2 C S 'a 0 MC V J O i *— $ *— °C O ++*— m V 7 12,0 ++ ar V d m E O H 0 V C E O C m V O *' O i S C i O O i V S 7 i~ O Y > S Q 03 JCL m O y LL O. of JCL O V CL �j. f0 a J O LY N > OC 0 N. 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Q v► � 0 0 0 0 0 o m N in in in -0 co l0 Ol l�0 lin 0 in O 3I Y ci N 2 D y D C Q An An An An An � to O N in N 00 O to m 3 d 3 to 14 S V Z Z Z O W Z Q LL 1 in0 -2 `O O O O O O O � m LLco o a coO a m 3 m m U O w Z Z in to N N m 3 Vf Vf Vf N LUO Q O �2 a/ N mw LL H W W | — % % ) G Ln . § / co; � � � � An An 2 to / / / / S I I k° co co cow 2 � m c = O 0> Z Z Z Z m C d d o. r OSI O O O O d ~ m 3 o 0 0 0 -'I M O LL `O LL O 3 m c = O 0> Z Z Z Z m C d d o. r OSI O O O O d ~ of IR IR IR IR M Ln Ln 0 0 O LL `O LL O 7I ocooco to N Z ry Z 3 ti (Y) 0 4- 0 co ti a� c� a O LL O -0 N m 7 5 m 3 ti (Y) 0 4- 0 rn ti a� c� a ti (Y) 0 4- 0 0 co a� c� a -2 m om LL � 0 O d N -00 NI u O m O t6 > po E N l\O m ci N m O 7 Q 0 > LL U/ \ w H co w = § ; « § \ / M CL 2 to 0 � § | o L / 0 2 0 o) § = G 'o ] / T CL ] > L; e k > / § < fu f o u 0 % < o o Lri 0 _ 2 . _ § _ G -0\ ) m m ( G -0) « 122 = % to 0\ CML k lz\ k = § ; « § \ / M CL 2 to 0 � § | o L / 0 2 0 o) E o = G 'o ] / T CL ] > � to u uto \ / 2 u _ 2 • u » _ 2 . _ § _ G -0\ ) m m ( G -0) % NO 122 = % to 0\ CML k lz\ k um u)� o \ 2 ƒ 12 3 § CL c �to « § \ / � �k to 0 o k 0 0 ( CL _ 0'° \ L2 f3 E o = G lw § k E 12a) ) 2 a to s ® ° - > - to u uto \ / 2 LL u o(§) rl- q O 0 co � ¢ 2 n � 0 � o° x° o° J d V i+ d O y d O m O iS+ O d U c o> ++ d V1 a: c d Q ai H= _0 O V f6 LL Q O S S V - N ++ O Q f6 N LL MV Y S V t ? 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W �'' i c 7 W -+ f6 7 1= -+ f6 c 7 3 E m i 3 E Ln W 3 �_ Ln O i 3 E_ Lnc V V V V i N V V i V V i vVi O N D O V mN O V N N O V +O+ m N m O V m m u m a L7 N N y 3- O t6 y 3- y 3- CL t6 y m 7- V d C £ £ V d C +�+ f6 V i O +m+ £ £ V d C m d d d o s N W O u N d d W o s m d m 2 oc d N o s m N 2 oc O u N d d W o s d m O oc mo c0 d O ci N C � ci ci ci ti (Y) 0 4- 0 (Y) co a� c� a k j j j j rl- q O 0 'IT m � ¢ 2 n � uLU I a a a a B B B B > f §§ § § ) _ _ _ _ k j j j j rl- q O 0 'IT m � ¢ 2 n � uLU � fu LU fu LU ) / J / o J 0 / o J } / � � / \ ■ ■) f ■ ■ ■ | �f■ƒ§ wf■77 wf■ƒ] �f�};2j;2� / / \ k / / \ k § / \ k / / \ / j / c m \ m ] 2 s U ] § 0 m 0 2 - ) / / 0 2 - .) 7 2 0 2 - . $ \ / 0 2 J§ - ® $ _ 2 k U 2� E k k 2� k 2� E k 2 ] E w k E§ e a. 2 2� u� a. 2 2� m a. 2 2� u� a 2 2 k u§ e_;\ 2 k j j j j rl- q O 0 'IT m � ¢ 2 n � 2 of LL 0 0) 2 0 z 0 V N D 0 0 0 m m m g ti (Y) 0 4- 0 LO co a� c� a m m 0 a N d N V O ci m E N ci T � m 0 Q O ai m w 17 o z LU ,— a o m Cf co III V) LU J U }A T'S1 LU } U 0 N a a LU z 0 V) V z a LL 2 0 LU > z � z LU V a a m m 0 a O � N CI u O J m E Nko ci N m O � Q O ai m w Titv ��^� ��J� �� ~� �� TACT ~� � �� ~� �`� 0 �� Ift BID NO: 291272(17) DESCRIPTION: OEM PARTS, ENGINE AND TRANSMISSION REPAIRS TDCITY OFMIAMI VEHICLES AND EQUIPMENT TERM OF CONTRACT: TWO (2)YEARS, WITH OPTION TORENEW FOR THREE p0ADDITIONAL ONE-YEAR PERIODS CONTRACT PERIOD: NOVEMBER 1O.2O12THROUGH NOVEMBER 17.2O14 RENEWAL PERIOD: NOVEMBER 18.2O14THROUGH NOVEMBER 17'2Oi5 COMMODITY CODE: 06069-00; 06071-00 SECTION #1 — VENDOR AWARD AutonotomUSA ofPorhme,Inc. Nissan Kendall 17305South Dixie Highway Perrine.FL33315 Contact: Mr. VVa|her8a|vatierra/M/ Phone: (305)250-284U E-mail Address: Alex Delval ANImports mnWestin Road, Inc. d8z/a AotonotonToyote Scion Weston 4O5OWeston Road Davie, FL33331 Contact: Mr. Steve Notley/Mr. Morris Liouhner Phone: (954)058'18U0 Fax: (854)658-1853 E-mail Address: lischnerm@autonatioii.com Joe Blair Garden Supply, Inc. 32ONE79mStreet Miami, FL. 33138 Contact: Mr. David Shoaf Phone: (3D5)757-5554 Fox: (3O5)757-5554 E-mail Address: Aave@'2eblaii-Iawnmower.com Reliable Transmission Service, Inc. 051378=Street South Riverview, FL33578 Contact: Ms. Rebecca Mann Phone: (D13)O77-8885 Fax: (813) 677 -2800 E -mail Address: rebeccarn rtsallison.com Bull Motors, LLC d8b/oAotonad*nFord ofMiami 188OUNVV57mAvenue Miami, FL33015 Contact: Mr. Jose LopedMr.Hector Suarez Phone: (3O5)557-05O0(3U5)557-558O Fox: (305) 557-4310 E-mail Address: suarezv(a-)autonation.com Pembroke Motors, Inc. d1b1aAutonationChrysler Dodge Jeep Ram Pembroke Pines 13001 Pines Boulevard Pembroke Pines, FL33O27 Contact: Mr. Robert VVinfree8Na.RadameuRosario Phone: (305)97O-1093/(954)441-2052 Fax: (954)441-2O93 E-mail Address: rasariolCo),autonation.com Abraham Chevrolet -Miami, Inc. d1b/a Autonation Chevrolet Coral Gables 4181 SVV8mStreet Miami, FL 33134 Contact: Mr. JuanA|emnn8Nc Juan Huertu Phone: (78S)402 -45O0 Fax: (305)448-267O E-mail Address: hhuertafc)@ K�.P.Enterprises, Inc. d8b/aExpert Diesel 47OUOakes Road Davie, FL 33314 Contact: Ma. Melissa Cruz Phone: (Q54)583 -240O Fax: (954)583-20O5 Page 487 of 1037 Gus Machado Ford, Inc. 12U0VV49Street Hialeah, FL33O12 Contact: Mr. Scott Kaplan Phone: (305)822-3211 Fax: (305)819-5427 E-mail Address: West Kendall Toyota 138O0SVV137Avenue Miami, FL3318O Contact: Mr. Danny Nieves Phone: (3U5)218 -5O17 Fax: N64 E-mail Address: Metro Ford Inc. SU0ONVV7Avenue Miami, FL3315O Contact: Mr. Randy Barnwell Phone: p05 751-9711 Fax: (788) 4727030 E-mail Address: you rservicep_metroford.com Ford Midway Mall, Inc. 8155 West Flagk*rStrea Miami, FL33144 Contact: Mr. Jorge Barboloua Phone: (305) 788'0088 Fax: N/A E-mail Address: igarbalosa(a-)midwayfordmiami.com Peterson's Harley Davidson 194OUNVV2Avenue Miami, FL33109 Contact: Mr. Ace Armstrong Phone: (3O5)542-0287 Fac N/A E-mail Address: ace(a-)miamiharley.com Battery Sales USA. Inc. 150UNVV2UStreet Miami, FL33142 Contact: Mr. Fernando Alvarez Phone: (305)8S1-8355 Fax: (3O5)801 -20G2 E-mail Address: sales(a-)batterysales.com I SECTION #2 - AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES CCAWARD DATE: OCTOBER 25.2U12 AMENDED AMOUNT: N64 RESOLUTION NO: 12-0403 INSURANCE REQUIREMENTS: YES TOTAL CONTRACT AMOUNT: SEE BELOW PERFORMANCE BOND: NAA APPLICABLE ORDINANCES: N64 Num: Funds allocated from the various funding sources from the user departments and agencies are subject »o availability and budgetary approval atthe time v[need. Effective June 23, 2015, the Department of Procurement is exercising the right to use Section 2.21, Additions/Deletions of Facilities/items/Dealerships, of the contract for OEM Parts, Engine and Transmission Repairs to City of Miami Vehicles and Equipment. Consequently, an additional dealership and its items are hereby added to this contract as follows: Dealership: ° Battery Sales USA, Inc. Line items: ° Battery Universal Part w34; Typically Used on: Chevy Impala, Chevy Truck 1em $47.81/Each ° Battery Universal Part # 78; Typically Used on: Chevy Impala, Chevy Truck 1500, 2500, 3500 $au:seooh ° Battery Universal Part # 65; Typically Used on: Crown Victoria, E and F — Series Trucks and Vans 05 -15 $54.81/eaux ° Battery Universal Part # 21; Typically Used on: Toro Lawnmower, Briggs Generator $48.66/Each " Battery Universal Part #s1;Typically Used on: Sm|mcoSmall Equipment $43.41xsaxx � Battery Universal Part # 27; Typically Used on: F800 (Year 1993) E250, Clark Fork Lift, Toyota Fork Lift $52.31/sooh ° Battery Universal Part # 27ooMNon-Spill Gel; Typically Used on: Marine Boats $1e9.75/Eacx ° Battery Universal Part #4oA;Typically Used on: Fiat Loader $85.52/sa"h ° Battery Universal Part #ae;Typically Used on: Ranger 0G-1% *88.84/sanh ° Battery Universal Part #oGR;Typically Used on: Fusion, Focus, Escape and Transit Van $81.*5/eacu ° Battery Universal Part #osR;Typically Used on: Dodge Neon $48a6/saoh ° Battery Universal Part # 31;Typically Used on: OnanGenerator $71.08/Eacx ° Battery Universal Part #Guu;Typically Used on: nuatomSignal, Golf Car $84.24/each ° Battery Universal Part #oDA;Typically Used on: John Deere Loaders, All $121.43/Eoch " Battery Universal Part #z7F;Typically Used on: GMC Top Kick Trucks $63.41/eax» ° Battery Universal Part #S4soe4n;Typically Used on: Toyota Prius $126a6/eacx ° Battery Universal Part #os;Typically Used on: Toyota Corolla uo-1s *45J3/Eanx ° Battery Universal Part #^u;Typically Used on: GMC savana1z-1e *70.46/sach ° Battery Universal Part # 24;Typically Used on: Floor Scrubber $54.18/soo» ° Battery Universal Part #a1;All Dump Trucks, Sweepers, Cranes, vamom.Loaders, and Tower Lights $71.08/eacx " Battery Universal Part #o4Non-Spill Gel; Typically Used on: Army Vehicles, Boats $119y0soch ° Battery Universal Part #7o;Typically Used on: Chevy Blazer and Chevy Vans $52.09/eacx ° Battery Universal Part #coL'BS;Typically Used on: ATV and Motor Cycles *4ea2/saux Page 2 of 3 Page 488 of 1037 SECTION #3 - REQUESTING DEPARTMENT DEPARTMENT OFGENERAL SERVICES ADMINISTRATION Contract Administrator: John Babon Phone: (3O5)32Q-4874 Fax: (3O5)32Q-4875 SECTION #4 - PROCURING AGENCY CITY OFMIAMI, DEPARTMENT OFPROCUREMENT Sr. Buyer: Eduardo Falcon Phone: (305)416-1901 Fax: (305) 400-5390 Prepared By: Max Sagense.O/24/2O15 CONTAINED HEREIN xS AVAILABLE |wTHE |euPPusRINFORMATION SECTION OFOUR vveBpAoeAT: Page 3 of 3 Page 489 of 1037 0 Y V 0 !0 v a, P, 00 m m m m V u z z z O z 0 4A 0 0 m m m m �• m F T Z Z Z Z 4A 0 0 Z Z 0 0 Z 1 N 4A 4A Y V !0 m O1 V 0 0 z z ) a u z m F O N 0 u O z o a o a o x p x p x a a 0010 •, m o a010 a �� a 0°10 c m J L O _;�0 J U N Op N U O1 O U C O1 _ Y V W CL +d+ ++ L t N U 7 i• O1 m U T O a N U L O F U O O N U O N O> `i O_. •i O O Y 'i H 7 M a m ali a m CL a v U m a a o W ar N coli o LL r r o LL r o LL a_ o LL a, c 2 v O d 2 O1 O d L 2 L O1 X ua v" 's Q X u 's v" 's a m X u m o m C C C C LL F LL U LCL LL F> U> i LL F C C Ln m el O LL LL 4 U M N c -I N M V Ln m NM Yt Yt Yt Yt Yt >. 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Fu v v v Lnv V m •Q t > a) > � > > .>_ a) fn c o c > > v fo — fn — -a �^ cL = t CJ al m Y W a) V O Y O_ a) V Y O_ a) V -0 Y O_ i a) }0+ Y V Y a) Q a) V_ i Y— Y O_ -O Y O_ 0 m C fn to O m >. O fn H u m >. N fn H ci m >. V fn H to f0 f0 fn D > ea m a C m >. C CO to O CO H f0 f0 >. fn H Ln fn ci LL O al l0 Il (b Ol O N LL N N N C ci ci ci ci N N N N U fY J Yt Yt Yt Yt Yt Yt Yt Yt �, vi N fY] C N m 0 ci ci al > O O fu fY] N N w 0_ O O U/ \ \ w LL H GO l0 � BID NO: 291272(17) DESCRIPTION: OEM PARTS, ENGINE AND TRANSMISSION REPAIRS TO CITY OF MIAMI VEHICLES AND EQUIPMENT TERM OF CONTRACT: TWO (2) YEARS, WITH OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS CONTRACT PERIOD: NOVEMBER 18, 2012 THROUGH NOVEMBER 17,2014 FIRST RENEWAL: NOVEMBER 18, 2014 THROUGH NOVEMBER 17, 2015 SECOND RENEWAL: NOVEMBER 18, 2015 THROUGH NOVEMBER 17, 2016 COMMODITY CODE: 06069-00; 06071-00 SECTION #1 — VENDOR AWARD Autonation USA of Perrine, Inc. d/b/a Autonation Nissan Kendall „ ' Bull.'Motors, LLC d/b/a Autonation Ford of Miami 17305 South Dixie Highway 16800,'+/1/ ,7th Avenue Perrine, FL 33315 Miami, FL 33015 Contact: Mr. Walter Salvatierra/Mr. AlexIDOlval °' Contact:, Mr 'Jose ,Lopez/Mr. Hector Suarez Phone: (305) 259-2640 "Phone: (305,) 557=6500/(305) 557-5580 Fax: N/A Fax: (305) 5574310 . E-mail Address: delvala autonationcom E-mail Address: suarezv(@autonation.com AN Imports on Westin Road, I96.016/a Autonation Toyota z' a Pembroke Motors, Inc. d/b/a Autonation Chrysler Dodge Scion Weston Jeep Ram Pembroke Fines 4050 Weston Road 15601 Pines Boulevard - Davie, FL 33331 Pembroke Pines, FL 33027 Contact: Mr. Steve Notley/Mr. Morris Lischner Contact:- Mr. Robert Winfree/Ms. Radames Rosario Phone: (954) 659-1800 Phone: (305) 970-1093/(954) 441-2052 Fax: (954) 659-1853Fax: (;954) 441-2093 ' E-mail Address: lischnermautonatimcom (a7 E-mail Address: na autonation.com Abraham Chevrolet-Miami, Inc. d/b/a Autonation Chevrolet Joe Blair Garden Supply, Inc. Coral Gables 320 NE 79th Street 4181 SW 8th Street Miami, FL 33138 ,Miami, FL 33134 Contact: Mr. David ShoafContact:%Mr. JuanAleman/Mr. Juan Huerta Phone: (305) 757-5554 Phone: (786),40274586 Fax: (305) 757-5554 Fax: (305) 448-2670 E-mail Address: daveCoNoeblairlawnmower.com E-mail Address: huerta(a autonation.com Reliable Transmission Service, Inc. "K.V.P. Enterprises, Inc. d/b/a Expert Diesel 6613 78th Street 4700 Oakes Road South Riverview, FL 33578 - Davie, FL 33314 Contact: Ms. Rebecca Mann Contact: Ms. Melissa Cruz Phone: (813) 677-8883 Phone: (954) 583-2400 Fax: (813) 677-2800 Fax: (954) 583-2085 E-mail Address: rebeccam@rtsallison.com E-mail Address: me :cumminsexpert.com Gus Machado Ford, Inc. Ford Midway Mall, Inc. 1200 W 49th Street 8155 West Flagler Street Hialeah, FL 33012 Miami, FL 33144 Contact: Mr. Scott Kaplan Contact: Mr. Jorge Garbalosa Phone: (305) 822-3211 Phone: (305) 798-9068 Fax: (305) 819-5427 Fax: N/A E-mail Address: skaplan(a)machadoford.com E-mail Address: igarbalosa(d-)mldwayfordmiami.com West Kendall Toyota Peterson's Harley Davidson 13800 SW 137th Avenue 19400 NW 2nd Avenue Miami, FL 33186 Miami, FL 33169 Contact: Mr. Danny Nieves Contact: Mr. Ace Armstrong Phone: (305) 218-5617 Phone: (305) 542-9287 Page 515 of 1037 E-mail Address: danny6a kendalitoyota.com E-mail Address: ace .miamiharley,com Metro Ford, Inc. 9000 NW 7th Avenue Miami, FL 33150 Contact: Mr. Randy Barnwell Phone: (305) 751-9711 Fax: (786)472-7036 E-mail Address: Vourservice(a)metroford.com SECTION #2 — AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES CC AWARD DATE: OCTOBER 25, 2012 AMENDED AMOUNT: N/A RESOLUTION NO: 12-0403 INSURANCE REQUIREMENTS: YES TOTAL CONTRACT AMOUNT: SEE BELOW PERFORMANCE BOND: N/A Funds allocated from the various funding sources from APPLICABLE ORDINANCES: N/A the user departments and agencies are subject to availability and budgetary approval at the time of need. Notes: Effective immediately, the Procurement Department has approved the right to use Section 2.21, Additions/Deletions of Facilities/Items/Dealerships, therefore the below item has been added to this contract: • Battery Universal Part# 36R typically used on: Ford Taurus - $72.48 SECTION #3 - REQUESTING DEPARTMENT DEPARTMENT OF GENERAL SERVICES ADMINISTRATION Contract Administrator: John Babos Phone: (305) 329-4874 Fax: (305) 329-4875 SECTION #4 - PROCURING AGENCY CITY OF MIAMI, DEPARTMENT OF PURCHASING Buyer: Eduardo Falcon Phone: (305) 416-1901 Fax: (305)400-5390 Prepared By: Aimee Gandarilla, 1/13/16 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.miamigov.com/procurement Page 516 of 1037 L. 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L ~ m O LL m O C N m O C L m c m O L m O L C: m O L0 m O -(b L m O L Q .N > Q v - di �' � Qi > v ai Q: v J v C (D Om 'C C : C p `C p a p L C p C c( C m D = ca p a p �, D >, m D >, p ), o p A L p> V p T r0 �' i0 �' v �' m �' m j rp Y N U d) U N U 0- N U N U N � N U_ N U N Ucz 0 m m m Q T N m .Q m N N O m � O f0 i no Z co F- m I— co I— iia co I— co F- l7 m I— (D co J co F- F - Page 540 of 1037 z w a w N LU J _U w U O I- C �-IIS, co -4i�-I NO N N N N m m CL O N u Lnn H � N M T O O m N N W O O N N \ \ W F- W �O Page 541 of 1037 Q N LPI N LO � � � N N W O Ol O W V" m N � l'00 e�-I dam' NCN O N H I-'�' l0 N. � O �-1 N Ol N N re m ~ W W z m a 0 Q a z w a a wJ u u u u u u u u u w w w w w 7� w w w w O LL OT z i c ..0 .O N a m c E O a m O U m oo m c V u -j U °� 3 Z rF c cNa iri m o i0. io �: v M d cn N V) M M O "6 n N c M t N O t p u U t cL ft 0 t O � L F- t N �# *k C t 4t >m. t U. v t O i Z O ` m a> a~ a C7 " O v m vv U F a s LL nm n� T nm a nm e nm ♦vf M m n i u O M L O m i O m i O is 3 V i N N m s- U m �. O c m i O m =- O p > T a > v 'c > v > v > m > o .y v v m C v p Z T C: ZD T cZ) : T c U O D i J c F m � C Z) D T c:D U 'J c:D d' T L� �n. �. I-- vi i N 4J N U -F" N O� UJ c0 I. m U1 U �-i ry v U �--� co N v N fl- O' N U v N u. U N O N u f6 C m N O f6 T Ql c0. I O m T N m F- t --I to T co F- m O N b.0 m 0 J fD Q N m N @ T c c0 F- m m T ED c CL (O �. m C �-IIS, co -4i�-I NO N N N N m m CL O N u Lnn H � N M T O O m N N W O O N N \ \ W F- W �O Page 541 of 1037 BID NO: 291272(17) DESCRIPTION: OEM PARTS, ENGINE AND TRANSMISSION REPAIRS TO CITY OF MIAMI VEHICLES AND Autonation USA of Perrine, Inc. d/b/a Autonation EQUIPMENT TERM OF CONTRACT: TWO (2) YEARS, WITH OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR - 17305 South -Dixie Highway ---- -- PERIODS CONTRACT PERIOD: NOVEMBER 18, 2012 THROUGH NOVEMBER 17, 2014 FIRST RENEWAL: NOVEMBER 18, 2014 THROUGH NOVEMBER 17, 2015 SECOND RENEWAL: NOVEMBER 18, 2015 THROUGH NOVEMBER 17, 2016 COMMODITY CODE: 06069-00; 06071-00 SECTION #1 -VENDOR AWARD Autonation USA of Perrine, Inc. d/b/a Autonation Nissan Kendall :. Bull Motors, LLC d/b/a Autonation Ford of Miami - -- - 17305 South -Dixie Highway ---- -- „ 16800 NWvenue—— Perrine, FL 33315 Miami, FL 33015; , Contact: Mr. Walter Salvatierra/Mr. Alex Delval ", Contact: Mr.'Jo's""e,Lopez/Mr. Hector Suarez Phone: (305) 259-2640 Phone: (305) 557-6500/(305) 557-5580 Fax: N/A Fax (305) 557L.431 0. Email: delvala ;autonation.com- " Email: su'arezv .autonation.com AN Imports on Westin Road, Inc. d/b/a Autonation Toyota Pembroke Motors, Inc, d/b/a Autonation Chrysler Dodge Scion Weston Jeep Ram Pembroke Pines 4050 Weston Road 13601 Pines Boulevard Davie, FL 33331 Pembroke Pines; FL 33027 Contact: Mr. Steve Notley/Mr. Morris Lischner Contact. Mr. Robert Winfree/Ms. Radames Rosario Phone: (954) 659-1800 Phone: (305) 970-1093/(954) 441-2052 Fax: (954) 659-1853 Fax: (954) 441-2093 Email: Iischnerm(a)autonation.com Email: rasario1Ca�autonation;com Abraham Chevrolet -Miami, Inc. d/b/a Autonation Chevrolet Joe Blair Garden Supply, Inc. Coral Gables 320 NE 79th Street 4181 SW 8th Street Miami, FL 33138 Miami, FL 33134- Contact: Mr. David Shoaf Contact: Mr. Juan Aleman/Mr. Juan Huerta Phone: (305) 757-5554 Phone: (786) 402-4586 Fax: (305) 757-5554 Fax: (305) 448-2670 Email: dave .loeblairlawnmower.com Email: huertajCaautonation.com Reliable Transmission Service, Inc. K.V.P. Enterprises, Inc. d/b/a Expert Diesel 6613 781h Street 4700 Oakes Road South Riverview, FL 33578 Davie, FL 33314 Contact: Ms. Rebecca Mann Contact: Ms. Melissa Cruz Phone: (813) 677-8883 Phone: (954) 583-2400 Fax: (813) 677-2800 Fax: (954) 583-2085 Email: rebeccam(?Drtsallison.com Email: me :cumminsexpert.com Gus Machado Ford, Inc. Ford Midway Mail, Inc. 1200 W 49th Street 8155 West Flagler Street Hialeah, FL 33012 Miami, FL 33144 Contact: Mr. Scott Kaplan Contact: Mr. Jorge Garbalosa Phone: (305) 822-3211 Phone: (305) 798-9068 Fax: (305)819-5427 Fax: N/A Email: skaplan .machadoford.com Email: jgarbalosaOmidwayfordmiami.com West Kendall Toyota Peterson's Harley Davidson 13800 SW 137th Avenue 19400 NW 2nd Avenue Miami, FL 33186 Miami, FL 33169 Contact: Mr. Danny Nieves Contact: Mr. Ace Armstrong Phone: (305) 218-5617 Phone: (305) 542-9287 Page 542 Of 1037 Email: danny_(a).kendalltoyota.com Email: aceC@rniarniharley.com Metro Ford, Inc. 9000 NW 7th Avenue Miami, FL 33150 Contact: Mr. Randy Barnwell Phone: (305) 751-9711 Fax: (786)472-7036 Email: yourservice dmetroford.com Battery Sales USA, Inc. 1500 NW 20th Street Miami, FL 33142 Contact: Fernando Alvarez Phone: (305) 891-8355 Fax: (305)891-2062 Email: sales batterysales.com SECTION #2 — AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES CC AWARD DATE: OCTOBER 25, 2012 AMENDED AMOUNT: N/A RESOLUTION NO: 12-0403 INSURANCE REQUIREMENTS: YES TOTAL CONTRACT AMOUNT: SEE BELOW PERFORMANCE BOND: N/A APPLICABLE ORDINANCES: N/A Funds allocated from the various funding sources from the user departments and agencies are subject to availability and budgetary approval at the time of need. Notes: Effective immediately, the Procurement Department has approved the right to use Section 2.21, Additions/Deletions of Facilities/Items/Dealerships, therefore the item listed below has been added to this contract for Battery Sales USA, Inc.: • Conventional Type Wet Sealed Maintenance Free Battery Part No.: ACDNS60L- $68.92 + $10.00 Core Fee SECTION #3 - REQUESTING DEPARTMENT DEPARTMENT OF GENERAL SERVICES ADMINISTRATION Contract Administrator: John Babos Phone: (305) 329-4874 Fax: (305)329-4875 - SECTION #4 - PROCURING AGENCY CITY OF MIAMI, PROCUREMENT DEPARTMENT Buyer: Eduardo Falcon Phone: (305) 416-1901 Fax: (305) 400-5390 Prepared By: Aimee Gandarilla, 3/21/16 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 543 of 1037 T'ittl 4" C u N T R A C T Procurement Dq),artmert AMENDMENT NO. 6 IFB NO: 291272(17) DESCRIPTION: OEM PARTS, ENGINE AND TRANSMISSION REPAIRS TO CITY OF MIAMI VEHICLES AND EQUIPMENT TERM OF CONTRACT: TWO (2) YEARS, WITH OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE- YEAR PERIODS CONTRACT PERIOD: NOVEMBER 18, 2012 THROUGH NOVEMBER 17„ 2014 FIRST RENEWAL: NOVEMBER 18, 2014 THROUGH NOVEMBER 17, 2015 SECOND RENEWAL: NOVEMBER 18, 2015 THROUGH NOVEMBER 17, 2016 THIRD & FINAL RENEWAL: NOVEMBER 18, 2016 THROUGH NOVEMBER 17, 2017 COMMODITY CODE: 06069-00; 06071-00 SECTION #1 — VENDOR AWARD Autonation USA of Perrine, Inc. d/b/a Autonation Nissan Kendall 17305 South Dixie Highway Perrine, FL 33315 Contact: Walter Salvatierra / Alex Delval Phone: (305) 259-2640 Email: delvala5.autonation.com AN Imports on Westin Road, Inc. d/b/a Autonation Toyota Scion Weston 4050 Weston Road Davie, FL 33331 Contact: Steve Notley / Morris Lischner Phone: (954) 659-1800 Fax: (954) 659-1853 Email: lischnerm c autonation.com Joe Blair Garden Supply, Inc. 320 NE 791h Street Miami, FL 33138 Contact: David Shoaf Phone: (305) 757-5554 Fax: (305) 757-5554 Email: daygeblairlawnmovver.com Reliable Transmission Service, Inc. 6613 7811 Street South Riverview, FL 33578 Contact: Rebecca Mann Phone: (813) 677-8883 Fax: (813) 677-2800 Email: rebeccam tx rtsallison.com Gus Machado Ford, Inc. 1200 W 49th Street Hialeah, FL 33012 Contact: Scott Kaplan Phone: (305) 822-3211 Fax: (305) 819-5427 Email: skaplanga machadoford.com West Kendall Toyota 13800 SW 137°h Avenue Miami, FL 33186 Contact: Danny Nieves Phone: (305) 218-5617 Email: dannyAc kendalltoyota.com Bull Motors, LLC dlbla Autonation Ford of Miami 16800 NW 57th Avenue Miami, FL 33015 Contact: Jose Lopez / Hector Suarez Phone: (305) 557-6500/(305) 557-5580 Fax: (305) 557-4310 Email: suarezv@autonation.com Pembroke Motors, Inc. d/bla Autonation Chrysler Dodge Jeep Ram Pembroke Fines 13601 Pines Boulevard Pembroke Pines, FL 33027 Contact: Robert Winfree / Radames Rosario Phone: (305) 970-1093/(954) 441-2052 Fax: (954) 441-2093 Email: rasariol pautonation.com Abraham Chevrolet -Miami, Inc. d/b/a Autonation Chevrolet Coral Gables 4181 SW &I Street Miami, FI -33134 Contact: Juan Aleman /Juan Huerta Phone: (786) 402-4586 Fax: (305) 448-2670 Email: huertaj(PDautonation .com K.V.P. Enterprises, Inc. d/b/a Expert Diesel 4700 Oakes Road Davie, FL 33314 Contact: Melissa Cruz Phone: (954) 583-2400 Fax: (954) 583-2085 Email: nicgcumminsexpert.com Ford Midway Mall, Inc. 8155 West Flagler Street Miami, FL 33144 Contact: Jorge Garbalosa Phone: (305) 798-9068 Email: g-grbalosa midwaYfordmiami.ccm Peterson's Harley Davidson 19400 NW 2,d Avenue Miami, FL 33169 Contact: Christy Henriquez Phone: (305) 651-4811 Email: christVh[Dmiamiharley.com Page 544 of 1037 Metro Ford, Inc. 9000 NW 711' Avenue Miami, FL 33150 Contact: Randy Barnwell Phone: (305) 751-9711 Fax: (786)472-7036 Email: yotirservice c((t metrof®rd.com Battery Sales USA, Inc. 1500 NW 201, Street Miami, FL 33142 Contact: Fernando Alvarez Phone: (305) 891-8355 Fax: (305)891-2062 Email: sales(d?batterysales.com *Petersen Industries, Inc. 4000 State Road 60 W Lake Wales, FL 33859 Contact: Samuel Petersen Office: (863) 676-1493 x256 Cell: (863) 287-1673 Fax: (863) 676-6844 Email: spetersen d petersenind.com *Note: No insurance is rreauired, only parts will be ordered from this vendor SECTION #2 — AWARD/BACKGROUND IN FOR MATIONIAPPLICABLE ORDINANCES/NOTES CC AWARD DATE: OCTOBER 25, 2012 AMENDED AMOUNT: N/A RESOLUTION NO: 12-0403 INSURANCE REQUIREMENTS: YES TOTAL CONTRACT AMOUNT: SEE BELOW PERFORMANCE BOND: N/A APPLICABLE ORDINANCES: N/A Notes: As per Section 2.21, Additions/Deletions of Facilities/Items/Dealerships, therefore the vendor listed below has been added to the contract: The prices will be 10% off Manufacturers Suggested Retail Price (MSRP) *Petersen Industries, Inc. 4000 State Road 60 W Lake Wales, FL 33859 Contact: Samuel Petersen Office: (863) 676-1493 x256 Cell: (863) 287-1673 Fax. (863) 676-6844 Email: spetersen petersenind.com *Note: No insurance is required, only,12arts will be ordered from this vendor Notes: As per Section 2.21, Additions/Deletions of Facilities/]tems/Dealerships, therefore the items listed below have been added to this contract for Battery Sales USA. Inc.: DESCRIPTION/ RESERVE CAPACITY _ CCA 0* / CA 32* UNIT CORE PRICE CHARGE Optima Blue Top Marine / 120 Min. Part No. OPD34M 750 / 870 $177.10 $10.00 Optima Yetlow Top / 120 Min. Part No. OPD34 750 / 870 $178.95 $10.00 Optima Blue Top Marine / 155 Min. Part No. OPD31M 900 / 1125 $220.92 $15.00 Optima Yellow Top / 155 Min. Part No. OPD31T I 900 1 1125 3225.50 I 515.00 SECTION #3 - REQUESTING DEPARTMENT DEPARTMENT OF GENERAL SERVICES ADMINISTRATION Contract Administrator: John Babes Phone: (305) 329-4874 Fax: (305)329-4875 SECTION #4 - PROCURING AGENCY CITY OF MIAMI, DEPARTMENT OF PROCUREMENT Buyer: Eduardo Falcon Phone: (305) 416-1901 Fax: (305) 400-5390 Prepared By: Aimee Gandarilla, 4/24117 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, mlam igoy.comiprocurement Initial: age 545 of 1037 6.N. CONSENTAGENDA 10/17/2017 REQUESTED ACTION BY COMMISSION: Approve issuing a purchase order to Rechtien International Truck Center for an estimated annual expenditure of $75,000 as a sole source vendor. EXPLANATION OF REQUEST: Term: October 1, 2017 - September 30, 2018 Rechtien International Truck Center Blanket Request: This vendor is a Sole Source that provides body repair on our medium and heavy duty trucks. We are requesting an annual estimated expenditure of $75,000 effective through September 30, 2018. (Exhibit 4 — Rechtien International — Sole Source Letter) Previous years expenses: FY 16/17 $23,530 FY 15/16 $17,181 FY 14/15 $ 9,500 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Fleet Maintenance division will use this contract to provide service support to equipment for City departments such as Solid Waste, Fire Rescue, Utilities and Police. FISCAL IMPACT: Budgeted Funding is budgeted for repairs & refurbishment in the FY17/18 through the 501-5000-590-09-82 charge back account. ALTERNATIVES: Utilize the use of confirming purchase orders for repairs STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: Page 546 of 1037 ATTACHMENTS: Type Description Exhibit 4 ® Rechtien I nt'l Truck Center ® Sole Source Letter Page 547 of 1037 Navistar, Inc. Michael A. Cicerchia 2701 Navistar Drive Parts Director Southeast Region, Lisle, IL 60532 USA Navistar Inc. PARTS GROUP October 1st, 2017 To Whom It May Concern, This letter is to inform all Parties that Rechtien International Truck, with Facilities in the following locations: 2666 SR 84, Fort Lauderdale, Florida, 7227 NW 74th Ave., Miami, Florida, 3787 Interstate Park Rd., Riviera Beach, Florida 1699 N. US 1, Fort Pierce, Florida -is International Truck and Engine Corporation / Navistar Inc.'s only authorized Dealer for all International / Navistar related Trucks, Parts, Service, Sales and Warranty in the related counties throughout the State of Florida. Thank You. Sincerely, M Michael A. Cicerchia Parts Sales Manager; South -East Region Navistar Inc. International Truck and Engine Corporation Cell # 224-532-7081 michael.cicerchiaknavistar.com A N/:: MR COMPANY Page 548 of 1037 Page 549 of 1037 W1 CONSENTAGENDA 10/17/2017 REQUESTED ACTION BY COMMISSION: Approve an increase to the approved expenditure to the "Cooperative Bid to Furnish, Deliver and Discharge Quicklime" with Lhoist North America by an additional $80,000 for the first quarter of fiscal 2017/8. EXPLANATION OF REQUEST: The City of Boynton Beach is lead agency on this cooperative bid that includes the Cities of Delray Beach and Lake Worth. City Commission approved a price increase in November 2016 and an annual expenditure of $320,000. Since that time the East Water Treatment Plant has increased output as a result of the capital improvements and this has resulted in higher usage of quicklime. The Utility will be issuing a bid for the requirements beyond December 2017 shortly and will return to Commission for further approval following completion of the bid process. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Quicklime is necessary to prevent scaling in the water pipelines and in reducing hardness in the water supply. Lhoist North America is a reliable vendor that has consistently provided the Utilities Department with high-quality quicklime over the past several years. FISCAL IMPACT: Budgeted Funds have been budgeted in account 401-2811-536-52-35. Recent fiscal year expenditures for this chemical are: FY 2014/2014 - $305,000 FY 2014/2015 - $296,502 FY 2015/2016 - $269,258 FY 2016/2017 - $320,000 (approximately) ALTERNATIVES: There are no alternatives based upon the current plant configuration STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 550 of 1037 Is this a grant? Grant Amount: Page 551 of 1037 CONSENTAGENDA 10/17/2017 REQUESTED ACTION BY COMMISSION: Approve utilizing the City of Bartow, FL Bid No. WD -2017-04 with American Water Chemicals, Inc. of Plant City, FL for Corrosion Inhibitor AW C A-782 for an estimated annual cost of $40,000. The City of Bartows procurement process satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: Bid Term: April 13, 2017 - April 12, 2018 The Utility utilizes a corrosion inhibitor to prevent problems in the water distribution system pipework, in particular with both lead and copper. A small quantity of corrosion inhibitor is added to the water to provide a protective coating preventing leaching of these metals into the water supply. The Utility regularly performs testing of the water form customers homes to measure the efficiency of this system. We have always had good results. One such test is currently underway. The Utility is seeking consent to piggyback a recently bid contract by the City of Barton which will enable the continued use of the same inhibitor that has been working satisfactorily heretofore. The previous years expenses were: FY 16/17 $34,875 FY 15/16 $31,500 FY 14/15 $36,000 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will enable the continuation of the ongoing and successful program to provide proper protection of the water distribution system. FISCAL IMPACT: Budgeted Funding for this material was approved in the annual budget under account 401-2811-536-52.35 ALTERNATIVES: Do not utilize City of Bartows Bid and issue our own bid. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 552 of 1037 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Addendum Description Piggyback Letter Award Letter Page 553 of 1037 nt Perfecting the Science of Membrane Treatment September 26, 2017 Ms. Ilyse Triestman Purchasing Manager City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Re: Contract Piggybacking for Bid#: WD -2017-04 Annual Requirements for Calciquest Dear Ms. Triestman, We agree to extend to City of Boynton Beach the same price that we are currently offering to the City of Bartow on their Invitation to Bid No. WD -2017-04 for Corrosion Inhibitor AWC A-782. The price we agree to offer is $254.13 per 55 gallon drum of AWC A-782 FOB Delivered to the City of Boynton Beach, FL; all current contract terms and conditions apply. Please feel free to contact us should you have any questions. We look forward to continue working with City of Boynton Beach. Sincerely, A4 Jessica Owens Inside Sales & Customer Service +'1,813,246,5448 // E-. ii�foCcj)i-neR)brai«ecfiemcals,com § oj\A/,jv,mei-nbi-aneciielT)ICalS.COM 1002 Corporate Center Lane, Plant City, FIL 13563 Page 554 of 1037 March 15, 2017 Re: WD -2017-04 Annual Requirements for Calciquest Bid Opening Held: March 9, 2017 at 2:00 p.m.. Contract Period: April 13, 2017 — April 12, 2018 TO ALL BIDDERS: This letter is to inform you that the recent bid dated March 9, 2017 for the annual requirements for Calciquest 25175 has been awarded to American Water Chemicals, Inc., Plant City, Fl. Enclosed for your review is the bid tabulation. Your participation has been appreciated. Please visit our website at wwW.cityothartow.net for notice of any fixture bids. Should you have any questions, you may contact me at (863) 534-0141 or via email at dking.purchasingLdcityoibartow.net. Sincerely, Deborah L. Ding Inventory Control/Admin. Assistant Purchasing Department Enc. 450 North Wilson Avenue • P.O. Box 1069 - Bartow, Florida 33831 • (883) 534Page8555 of 1037 Page 556 of 1037 0 LL cl� Cd 0 U7 � a o c c Rn as Z 0)Z Z N 0 �p -C" d 0 [y CL O Q U 3 co _0 � O Z Ca Z 3 CN Z LL f.Fk U LO U � o 4 U) Cl) J -6 LL 0� O Q (o C Z3 � Rei G4 ll �� N P- 0 O Z m N C ( (�! O 0 * r m n5 (D N Co ® tR V Lit L (n RF RS ca 0 E EY'1✓ I_ a) (D L U LO N m .r Z tv 7- Q Z Q Z � � I C M U C U Cal N E ffi Q �U 3 'r o 0) O Q) LO !`cc U "U' L `- E c O U a) _0 N to 0 0 c i � UD (0 Q> 0_ 4) _ 7+ I.L O C O _ {SS U Li] 9E U U Page 556 of 1037 N V A Md O '�- -6 to a) C CJ Q) CT � N M3 O rr C .— Ca U co (0 C� y CD (N m r i E C iO RS U a C Q C O C (j tS� i Cn till U m C cu 2 f N O cn 'O ti LO F; co t� } O C O C Z ap N C11 C_ cu fU } I m Ca N r _ C CL Q a-=. t6 {t5 tU O N Q C O N I"' incn U- N Q L (} a` L IL L) w U Page 557 of 1037 ■ * ' o City of Bartow Bid: 0 i Annual Requirements for Calciquest 25175 M American Water Chemicals, Inc. Plant City, FL 33553 Contact: Veronica Vara Tel: 513-245-5448 Closing [date: March 9, 2017 Closing Time: 2:00 p.m. 0 I 1Pahjnof 1037 Table of Contents Section 1 ......................... Bid Documents Section 2 ......................... Certificate of Compliance NSF Listing Section 3 ......................... AWC A-782 Safety Data Sheet AWC A-782 Product Data Sheet Section 4 ......................... ISO 9001:2005 Certification Bus! nessfOccupational License State of FL Registration Sample Certificate of Insurance Page 559 of 1037 CITY OF BARTOW WD -2017-04 ANNUAL BID PACKAGE CONTRACTOR TO PROVIDE CALCIQUEST 25/75 FOR THE BARTOW WATER TREATMENT PLANT CONTENTS: 1. Bid Acknowledgement 2. Bid Notice — Legal Advertisement 3. Instructions to Bidders 4. Drug Free Form 5. Insurance Requirements 6. Debarment Form & Instructions 7. Public Record Letter 8. Bid Specifications 9. Prices Firm Form [on 5=1 PLEASE NOTE THAT THE CITY OF BARTOW IS NOT A GUARANTEED AM DELIVERY AREA FOR UPS, FEDEX, ETC. QUESTIONS CONCERNING BID PROCEDURES, CONTACT DEBORAH KING, PURCHASING DEPARTMENT AT 863-534-0141 OR VIA EMAIL AT (iking.12tirch,,isijig(a)citvofb-,trtow.net. QUESTIONS CONCERNING BID SPECIFICATIONS, CONTACT TONY MARTINEZ, WATER TREATMENT PLANT AT 863-534-0159 OR VIA EMAIL AT wpehieLwater-k.eit.yofbartow.net. Page 560 of 1037 February 13, 2017 Acknowledgement of Receipt of Bid:. This letter is to acknowledge we have received Bid 4 WD -2017-04. Please return this acknowledgement as soon as possible to the City of Bartow Purchasing Department, 505 North Mill Avenue, Bartow, Florida 33830 or e-mail to dking.purchasing(c eityofbartow.net. Thank you, Deborah L. King Purchasing Department REMARKS: American Water Chemicals, Inc. NAME OF COMPANY 1802 Corporate Center Lane, Plant City, FL 33563 ADDRESS Veronica Varo, Customer Service } TITLE (PRINT AND SIGN) j 813-246-5448 TELEPHONE NUMBER customerservice@membranechemicals.com E-MAIL ADDRESS Page 561 of 1037 CITY OF BARTOW BID NOTICE Notice is hereby given that Sealed Bids, one (1) original and two (2) copies will be received by the City of Bartow Purchasing Department located at 505 N. Mill Avenue, Bartow, FL 33830 up to 2:00 p.m. on Thursday, March 9, 2017 for Annual Requirements for Calciquest 25/75 for the Water Treatment Plant located at 2500 Highway 17 North, Bartow, Florida as specified and to be opened thereafter and publicly read at 2:00 p.m. in the Purchasing Department, 505 North Mill Avenue, Bartow, Florida. Bid documents may be obtained by contacting the Purchasing Department at 863-534-0141 or via the City of Bartow's website, www.citytarartaw.net. .All bids must be sealed and properly marked `:WD -2017-04 Annual Requirements for Calciquest 25175" and mailed or delivered to the Purchasing Department at 505 N. Mill Avenue, Bartow, FL C. 33830. The City of Bartow will not be responsible for bids opened before the specified time due to envelopes not being properly addressed and/or marked as instructed in this notice. The City of Bartow reserves the right to reject any or all bids in whole or part and/or to accept or reject any items in the bid and waive any informalities. The City of Bartow is an Equal Employment Opportunity Employer; all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, or any other basis prohibited by applicable law. Small business including minority, woman and service -disabled veterans are encouraged to participate. Contractor to provide Annual Requirements for Calciquest 25/75 Per Specifications FOB Bartow, FL WD -2017-04 Legal Ad The folk. County Democrat February 15, 2017 February 22, 2017 Page 562 of 1037 CITY OF BARTOW INSTRUCTIONS TO BIDDERS PLEASE READ CAREFULLY F.O.B. Point: All prices covered by this contract will include the cost of transportation to the City of Bartow, Florida. 2. Acceptance and Rejection: The City of Bartow reserves the right to reject any or all bids in whole orp art, to accept or reject any items in the bid, and to waive any informalities and to accept any bid deemed in the best interest of the City of Bartow. a. "faxes: No taxes shall be included in any bid price. The City of Bartow is exempt from state and federal sales use and excise tax. 4. Prices: Unless otherwise specified, all prices and/or discounts shall be firm for the duration of the contract. In the event of price decreases the City of Bartow shall be given full proportionate benefits immediately at any time during; the contract period. 5. .Invoices: Any invoices at higher prices than the contract price will be held until proper credit memorandums have been received. Any applicable cash discounts that apply as the result of this contract will be taken even thou®h the allowable time has elapsed due to the time awaiting credit memorandums. All original invoices must be mailed to the City of Bartow, Purchasing Department, P.O. Box 567, Bartow, Florida 33831- 0567. 6. Terms and Contracts: In order for cash discount terms to be considered as part of the effective bid price, time allowed must be at least thirty (30) days for payment. 7. Manufacturer's Name: Any manufacturer's name, trade name, brand name, information and catalog numbers used herein are for proposes of description and establishing general duality levels. References are not intended to be restrictive of any products that manufacturer may offer. The determination as to whether any alternate product or service is equal shall be made by the city of Bartow and such determination shall be final and binding among all bidders. 8. Specifications: Any deviations from bid specifications indicated herein must be clearly stated, otherwise it will be considered that items offered are in strict compliance with specifications, and successful bidder will be held responsible. Deviations must be explained in detail. 9. Long term contracts: This section applies to contracts in which purchases will be made as needed over a period of one (1) year or more. In this case, quantities shown are estimates of usage anticipated during the contract period and may vary more or less. Unless otherwise specified, contracts will be for a period of one (1) year from the date of bid award. (CONTRACT PERIOD IS FROM APRIL 13, 2017 —APRIL 12, 2018) Page 563 of 1037 10. - Placing of Orders: The award of this bid does not constitute an order. Before shipments or service is provided, the vendor must receive a signed Purchase Order or Purchase Order number. In some cases vendors will be issued blanket orders. In this case shipments will be specified on the order. 11. Performance: Efficient service is essential to this contract. Therefore, if determined that the holder of the bid is unable to meet delivery within a reasonable amount of time it may become necessary to make procurement from other bidders or suppliers. This will he determined by the City of Bartow. 12. Insurance: Certificate of Insurance and/or Workers Compensation must be furnished where applicable. The City of Bartow must be named as additional insured. 13. Licenses: Businesses based in the City of Bartow must furnish a copy of the most recent Business/Occupational license. 14. Drug-free Workplace: Drug-free Work -place document must be included with the bid form. Page 564 of 1037 DRUG-FREE WORK PLACE CERTIFICATION Whenever two (2) or more bids/proposals, which are equal with respect to price, quality, and service, are received by the City of Bartow for the procurement of commodities or contractual services, a bid/proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. 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 controlled substances is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining; a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number (1). 4. In the statement specified in number (1), notify the employees that as a condition for 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 on or plea of guilty or nolo contendere to any violation of Chapter 893, Florida Statutes or of any controlled substance law of the United States or any singular state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5, Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Section 287.087, Florida Statutes. This Certification is submitted by Rudy CarleZo the (individual's Name) Treasurer of American Water Chemicals, Inc. (Title/Position with CompanyNendor) (Name of Company/vendor) Who does hereby certify that said CompanyNendor has implemented a drub free workplace program, which meets the requirements of Section 287.087, Florida Statutes, which are identified in numbers (1) through (6) above.- 3/6/17 �—..._ Date /`r Signature Page 565 of 1037 INSURANCE REQUIREMENTS WORKERS' COMPENSATION: Coverage is to apply for all employees for statutory limits in compliance with the applicable state and federal laws. The policy must include Employers' Liability with a limit of $500,000 each accident, $500,000 each employee, $500,000 policy limit for disease. COMMERCIAL_ GENERAL 1J1Al31I.fTY —OCCURRENCE FORM REQUIRED: (Contractor/Vendor) shall maintain commercial general liability (CGL) insurance with a limit of not less than $500,000 each occurrence. If such CUL insurance contains a general aggregate limit, it shall apply separately to this location/project in the amount of $1,000,000. Products and completed operations aggregate shall be $1,000,000. CGL insurance shall be written on an occurrence form and shall include bodily injury and property damage liability for premises, operations, independent contractors, products and completed operations, contractual liability, broad form property damage and, property damage resulting from explosion, collapse or underground (x,c,u) exposures, personal injury and advertising injury. Fire damage liability shall be included at $100,000. C"Oivl%FIFR('IAL AUTOMOBILE LIABILITY INSL;RANCI:: (Contractor/Vendor) shall maintain automobile liability insurance with a limit of not less than $1,000,000 each accident for bodily injury and property damage liability. Such insurance shall cover liability arising out of any auto (included owned, hired and non -owned autos). The policy shall be endorsed to provide contractual liability coverage. EVIDENCE OF INSURANCE: The (Contractor/Vendor) shall furnish the City of Bartow with Certificates of Insurance. The Certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City of Bartow is to be specifically included as an additional insured on all policies except Workers' Compensation. In the event the insurance coverage expires prior to the completion of the project, a renewal certificate shall be issued 30 days prior to said expiration date. The policy shall provide a 30 -day notification clause in the event of cancellation or modification to the policy. All certificates of insurance must be on file with and approved by the City of Bartow before the commencement of any work activities. Page 566 of 1037 CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -LOVER TIER FEDERALLY FUNDED TRANSACTIONS 1. The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. The undersigned also certifies that it and its principals: (a) Have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and (c) Have not within a three-year period preceding this certification had one or more public transactions (Federal, State or local) terminated for cause or default_ 3, Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this certification. Dated this 6th day of March 2017 Signature/Recipient Rudy Can ezo Typed Name/Title American Water Chemicals, Inc. Recipient's Firm Name 1802 Corporate Center Lane Street Address Building, Suite Number Plant City, FL 33563 City/State/Zip Code_ 813-246-5448 Area CodelTelephone Number Page 567 of 1037 CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -LOWER TIER FEDERALLY FUNDED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER FEDERALLY FUNDED TRANSACTIONS 1. By signing and submitting this form, the certifying party is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government or agencies with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The certifying party shall provide immediate written notice to the person to whom this contract is submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations. 5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier contract, or other covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Commission or agency with which this transaction originated. 6. The certifying party Iiarther agrees by executing this contract that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals, Each participant may, but is not required to, check the Nonprocureent List (Telephone No. (202)501-4740 or (;?0'?) 501-4873). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transaction s authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4, suspended, debarred, ineligible, or votuntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the Commission or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment, Page 568 of 1037 Dear Vendor: This is a reminder of your obligation under Florida's Public Records law codified in Chapter 119, Florida Statutes. As referenced in the General Terms and Conditions of any contract you have had with the City of Bartow, your firm is required to allow public access to all documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Public Records include all records, regardless of physical form, characteristics, or means of transmission that were made or received in connection with official business which are used to perpetuate, communicate, or formalize knowledge. The policy of the State of Florida is that public records are open for the personal inspection and copying of any person. As such, all public records may be inspected and copied by any person at any reasonable time and under reasonable circumstances. The custodian of such records must also acknowledge requests for public records promptly and provide the records as quickly as possible with only two permissible delays; the time it takes to locate the requested records and the time to review the records for exemptions. As potential custodians of public records, vendors are prohibited from any of the following actions: 1. Requiring the identity of the requestor 2. Requiring the request for records be in writing 3. Requiring the reason or purpose of the records request 4. Restricting viewing records to hours other than normal business hours 5. Delaying the production of records based on an employee's workload 6. Delaying the production of records due to a burdensome request However, vendors are not required to provide personnel to answer questions regarding the content of requested records. In addition, vendors are not required to create a new record to fulfill a public records request nor reformat its records into a particular form as demanded by a requestor. If a public records request is received, you should provide notice to Jacki Poole, City of Bartow, City Clerk jpoole.clerks(dtityofbartow, net. Additional notice should be provided when the request has been fulfilled. If you have any questions, or need additional information, please contact either, Jacqueline Poole, City Clerk, or Donna Clark, Assistant City Clerk at 863-534-0100. Sincerely, Jacqueline Poole City Clerk Page 569 of 1037 Technical Specifications for Ca|oiqueo 25/75 1� General Conditions 1.1 The material to be provided under this specification shall be Ca|ciquest 25175 or equivalent, oppnnwyd for pntmNm water bambmnnt and |ietedicmdified under the National Sanitation Foundation NSF Standard Number 60 - and AWVVA Standard for Zinc Orthophosphate, AVVWAB5O6 latest rnv|ninm, and shall meet the requirements contained within these opeoifioationy. 2. Product Specifications 2.1 This rnmtar|a| shall contain no substances in quantities capable ofproducing injurious effects to public health or water quality. Calciquest 25/75 is a stabilized blend of long chain phosphates. The formula io proprietary to CaKoiQuest Inc. 3. Quality Control and Testing 3,1 Sampling and testing shall beconducted inaccordance with all AJ&WAand ANG0NSF Standard 8Oupooifivationacurrent revisions. 32 The supplier nfCa|o|quent 25/78 eho|| furnish unopened, new 55gallon drums of Calciqwent25/75oufilled mtthe manufacturer. 3.3 The Purchaser, at his nption, will test and analyze a weekly composite sample of the rnmhshal de|ivernd. The major tests will befor minimum percentage ofphosphate content, polyphosphate content, and orthophosphate content. 3.4 Should the purchaser desire, or should any test by the Purchaser or the producer indicate that either of the components tested for, huU outside the guaranteed nmnge, additional testing ofdaily composite samples taken during and over mone week period of the time indicate either of the components tested for fall outside the guaranteed oanga, then that percentage falling outside the guaranteed range will be used as percentage reduction of the unit cost ofthe total material delivered during that period. 4. Guaranteed Supply 4.1 The Seller must guarantee that he will maintain a supply to meet one (1) months average uaago, which supply will be dedicated for use by the Purchaser. If the Seller's inventory haUm to such a point that he cannot guarantee this dedicated one (1) month's supply, immediate noUfioation, in wring, must be mode to the Purchaser. The Purchaser may then elect tosecure another guaranteed source ofsupply. 5. Purchase and Delivery 5A Ca|ciC)uent 25V75 shall be delivered in 55 gallon dmmo, as ondened, and unloaded at the QLX of Bartow Water Treatment Plant, The Cg|niqueot 25/75 is to be delivered by trunk nheU have all markings, tags, |abels, ornumbers asrequired byFOOT. Shipping shall be incompliance with all applicable local, state and federal regulations. 5.2 Deliveries shall be made between T:OD AM and 3:00 PK8 on normal working days (Monday through Friday) or an otherwise approved by the Bartow Water Department. Ca|niqueat 25/75 shall be shipped within 24 hours after receipt of the order, or as otherwise arranged between both parties. The Bartow Water Department shall be sole discretion asbzwhen deliveries are boboreceived orrejected. Page 570 of 1037 5.3 All deliveries must besigned in at the operator control room. 5.4 One [Netehm| Safety Data 8heat(K0SOS) moot be attached bothe bid submittal and all delivery tickets referencing the City of Bortow/s Purchase Order Number with each shipment. 55 Delivery shall be made. FOB Barbow, FL to City ofBartow Water Treatment Plant located at26QOHwy 17North, Bartow, FL3383O(863)534-015Q. 5.6 If bid is awarded to supplier other than current supplier written notice will have to be given hzthe Polk County Health Department and must beapproved before use. G. Quantity Required 01 The quantities to be needed by the purchaser are: 40 - 55 gallon drums per year. 6,2 Variations in these quantity requirements may range from 80% to 12096 of those projected, based on the conditions ofwater demand and method of operation of the Lime Softening Facilities. 6.3 The City ofBartow water Treatment Plant will be responsible for regulating the usage of Ca|okluest25/78 and will endeavor to keep the Seller advised of the immediate and future needs oythe material tobesupplied hereunder. 7. Qualification ofBidders 7.1 Bids will only be considered from manufacturers or manufactures authorized distributors cfCa{oiquest25/75. 8. Suppliers Responsibilities 8.1 The Suppliers shall not permit any alcoholic beverages or i|ky0a| drugs on Owner's property. Any person showing the most minor symptoms of alcohol or drug use shall be immediately removed from Owners property and shall not beallowed to return. Likewise, the Suppliers shall not permit and firearms to be brought on Owner's property. 8.2 The Suppliers ohm|| assume full responsibility for their employees" conduct while on Owners property. 8. Emergency Plan ofAction and Safety Training 8.1 The /4wardeeshall pnovkje, in writing. anemergency contingency plan, with appropriate telephone uontacts, for the City to follow in neey of an emergency supply ofCa|ciquest 25/7Gisneeded 9.2 The Avmndee nhmU mupply, in vvridng, an emergency release response plan with the appropriate emergency response personnel names and telephone contact numbers (24 hour contact numbers) *thin 30 days of award and acceptance. In addition, the proper release response notification procedure, along with any forms required byall local, state, orfedera|regulatory agencies, shall besupplied bythe Awandeecfhis responsibility bz notify the proper regulatory agencies ofarelease incident. 9�3 In the event cfo release or heak, dheAvondee shall supply the necessary personnel to respond to such an event, to work with the local Hazardous K0ahmria|o Response Team and to manage and oversee "After Event' cleanup. Releases orleaks ofany type caused by Awardee's pensonnaY, equipment or method of delivery, Avandee shall immediately comply with all applicable terms and conditions of the current version of Title III, Page 571 of 1037 Guperfund4mandments and Reauthorization Act of 1886. 42 U.SiC3. 11001. at seq. (SARA) and the Florida Hazardous Materials Emergency Response mdCommunity RightToKmmwAct uf 1888,CH252. Part 11, Florida Statutes. The responsibility for compliance with Federal and State Rules and Regulations regarding vendor caused releases shall be the mole responsibility cfthe Amandee. TheAwmndem. shall hold the City ofBartow harmless for any failure toproperly report and/or comply with this provision. 9.4 The /�vmrdeeshall provide an appropriate safe handling training nourse, within the first month of the cortract, to all current Water Department operations personnel and nheU be available to conduct "refresher" oouoays, or new employee traininQ, at six month �nbsmo|s during the award period. 9.5 The Avmardme shall provide technical mssiodonoe, as needed, regarding the application of its product, The Avnardee shall provide this assistance atnncharge tothe City ofBartow. 10. Bid Quotation 10.1 Bid pricing nhe|| be made as per 56 gallon drum delivered FOB at the City of Bartow Water Plant. Page 572 of 1037 ATTENTION ALL BIDDERS: PLEASE INCLUDE THIS SHEET WITH Blip FORM. Company Name: American Water Chemicals, Inc. Company Address: 1802 Corporate Center Lane Authorized Representative: Rudy Canezo Print 5i - afore Date: 318117 h Title: Treasurer Phone Number: 813-246-5448 Fax: 813-623-8878 E -Mail _ _ rcanezo@membranechemicals.com State if all prices are firm or subject to escalation: Prices quoted will be valid for one (1) year from the date of award unless otherwise specified and agreed upon by the City of Bartow. (CONTRACT PERIOD IS FROM APRIL 13, 2017 — APRIL 12, 2018) PRICE(S) FIRM: YES X Percentage of escalation anticipated: none hu Past performance, delivery and prices will be considered when awarding bids. All escalation should be clearly stated. All bids should reflect a delivered price wherever possible. Your cooperation and participation is greatly appreciated. If you have any questions, please feel free to contact the Purchasing Department. Page 573 of 1037 BtD FORM Calciquest 25/75 for Water Treatment Plant 2500 Highway 17 North Bartow, FL 33830 Per Specifications FOB Bartow, FL Total Net Price Per 55 gallon dnim: $ 254.13 per 55 gallon drum Terms: Net 30 dans,._ Manufacturer: American Water Chemicals, Inc, Delivery: 2 - 4 days ARO Name of Company:` American Water Chemicals, Inc. Address: 1802 Corporate Center Lane, Plant City, FL 33563 Phone Number: 813-246-5448 Fax Number: 813-623-6678 Email Address: customerservice@membranechemicals.com Authorized Representative. Exceptions To Bid: None Rudy Canezo Print (CONTR,26, C"I P ERIO D I S FROM APRIL 1 31, 2()1 7 — A P R I F 12, 201 3) Page 574 of 1037 Perfecting the Science of Membrane Treatment I NE J �11 Certificate of Compliance American Water Chemicals, Inc. is a manufacturer and we hereby confirm that we comply with the specifications listed on the bid as per the following: - AWC A-782 corrosion inhibitor is equivalent to Calciquest 25/75. A copy of the Product Data Sheet, and Safety Data Sheet has been included with this bid. - AWC A-782 is certified by NSF to NSF/ANSI 60. NSF Listing has been included with this bid. - AWC A-782 meets tine specifications of the water purification division of the American Water Works Association Standard for Zinc Orthophosphate (ZOP) corrosion inhibitor in liquid form for use in the treatment of potable water, wastewater, or reclaimed water (ANSI/AWWA 8506-13). - AWC A-782 shall be delivered in new 55 gallon drums via truck and shipping will be in compliance with all applicable local, state and federal regulations. Packaging will comply with FDOT requirements. - American Water Chemicals, Inc. guarantees that it will maintain in inventory, supply to meet one (1) month's average usage, dedicated for use by City of Bartow. - American Water Chemicals, Inc. agrees to provide safe handling training course, within the first month of the contract to all current Water Department operations personnel and will be available to conduct "refresher" courses, or new employee training, at six month intervals during the award period. - American Water Chemicals, Inc. agrees to provide technical assistance, as needed, regarding the application of its product at no charge to the City of Bartow. Qiao-Qing Di QA/QC Chemist Page%offlof 1037 P 4--1 813,246 1-�448 E: 1nIo@)mef7ibran echemicals cOM h' c-oi-ri Listing Category Search Page I NSF International Page I of 1 X The Public Health and Safety Organization NSF Product and Service Listings These NSF Official Listings are current as of Monday, March o6, 2017 at 12:15 a.m. Eastern Time. Please contact NSF International to confirm the status of any Listing, report errors, or make suggestions. Alert: NSF is concerned about fraudulent downloading and manipulation of website text. Always confirm this information by clicking on the below link for the most accurate information: http: //info.nsf.org/Certified/"PwsChemicals/Listings.asp? CompanyName=american+water+chemicals&TradeName=AWC+A%2D782& NSF/ANSI do Drinking Water Treatment Chemicals - Health Effects American Water Chemicals, Inc. 1802 Corporate Center Lane Plant City, FL 33563 United States 888-217-8757 813-246-5448 Visit this company's website (http://www.membranechemicals.com) Facility: Plant City, FL Miscellaneous Corrosion Chemicals 'Trade Designation Product Function AWC A-782 Corrosion & Scale Control Max Use 23mg/L [ZNI Based on an evaluation of health effects data, the Level of zinc in the finished drinking water shall not exceed 2.0 mg/L. Number of matching Manufacturers is t Number of matching Products is 1 Processing time was t seconds Page 576 of 1037 ADVANTAGES Corrosion inhibitor for the treatment of potable water systems Inhibits corrosion by forming a stable, evenly distributed protective film on the inside of distribution piping and metal surfaces ® Poly/ortho product designed for use with moderately low hardness water, It is not recommended for use with soft water Inhibits corrosion of steel distribution system water lines, iron and galvanized piping, and lead and copper plumbing Decreases the potential for THM formation when dosed with chlorine and protects against the release of asbestos or cement from water mains. Also substantially reduces leaching of lead from piping and lessens the occurrence of microbial -induced corrosion, providing longer system life. Saves money by reducing corrosion, lowering chlorine demand and decreasing hydrant flushing, leaks and failures Certified by NSF to NSF/ANSI Standard 60 TYPICAL PROPERTIES Appearance Colorless to light yellow liquid Odor Odorless Solubility in water Complete pH (as is) @ 25°C 4-7 Specific Gravity 1.40 ± 0.10 SA'ji'I'f-,r DI_tJ1..)i.€;I0il 1 teff) U)fl") 3IOf_' IMIII=311_',-)r SAFETY & HANDLING May be toxic by ingestion in concentrated form. Do not take internally. If ingested, drink at least two (2) glasses of water and get immediate medical attention. Contact with eyes causes irritation. If eyes are contacted, immediately flush with clean water for 15 minutes and if irritation persists, get medical attention. In case of skin contact, wash with soap and water. For more information, see the Safety Data Sheet provided with this product. CHEMICAL FEEDING AND CONTROL Normally fed continuously to the system being treated by means of a chemical metering pump, In most applications, product is fed as a concentrate, without the necessity of dilution. This product will perform best when water pH is maintained between 7.5-8.5, Dosing rate is based on water quality. The overall product applications and the specific chemical feed and control methods employed must be specified by the technical representative servicing the facility system. The specific control ranges will be specified by the technical representative and can also assist you in determining the appropriate dose rate for your system. PACKAGING 5 gallon pails, 55 gallon non -returnable plastic drums, 275 gallon totes IS . y.. �. { 27 � _J .::,� 1€ 1 ..,.� �i � � i..) ! , Ir i l l \ ✓ � j 3 _ i.. Y � � l �' ..) I f I I E . I ;,� I � E � �... 4.4 1 7 � _. �11 � 1 l,l i `�� ., � �r.' .. E I � 'r} � i � f..1 f {.r l l I, -P 11 ..} . L Page 577 of 1037 SAFETY DATA SHEET AMERICAN WATER CHEMICALS, INC. 1802 CORPORATE CENTER LANE PLANT CITY, FL 33563 IDENTITY AWC A► -782 Section I Company and Product Identification Paige I AMERICAN WATER CHEMICALS, INC. Telephone Number: (813)-246-5448 1802 Corporate Center Lane Plant City, FL 33563 Chemtrec phone Number: In the U.S.: 1-800-424-9300 Skin Corrosionlirritation, Category 5 May be International: 1-703-527-3887 harmful in contact with skin CONTRACT #: CCN 1259 Date Prepared: 11/21/03 Date Revised: April 2015 Trade Name AWC A-782 Product Family Corrosion Inhibitor Section 11 — Hazards Identification Signal Word: WARNING Acute Toxicity: Oral, Category 5 May be harmful if swallowed. Skin Corrosionlirritation, Category 5 May be harmful in contact with skin Inhalation. Category 5 May be harmful if inhaled GHS Hazard Phrases H303 + H313:May be harmful if swallowed or in contact with skin H333: May be harmful if inhaled. GHS, Precaution Phrases P103: Read label before use GHS Response Phrases P311: Call a poison center/doctor/... if you feel unwell GHS Storage and Disposal Phrases Please refer to section 7 for storage and section 13 for Disposal information Route(s) of Entry: Yes I Skin? No Yes Health Hazards (Effects of Acute and Chronic Overexposure) Inhalation: May be harmful if inhaled. Eye Contact: May cause eye irritation. Skin Contact: May be slightly irritating to skin Page 578 of 1037 SAFETY DATA SHEET AMERICAN WATER CHEMICALS, INC. 1802 CORPORATE CENTER LANE PLANT CITY, FL 33563 Page 2 Ingestion (Swallowing): May be Harmful if swallowed. Phosphates are slowly and incompletely absorbed when ingested, and seldom result in systemic effects. Such effects, however, have occurred. Symptoms may include vomiting, lethargy, diarrhea, blood chemistry effects, heart disturbances and central nervous system effects. The toxicity of phosphates is due to their ability to sequester calcium. Section III - Hazard Ingredients/Composition Information Hazardous Components (Chemical Name) CAS # % EC# Risk Phrases Polyphosphate, Sodium Salt Proprietary 10-36% N/A R22,38 Orthophosphate, Sodium Salt Proprietary 10-36% N/A 822,38 Water N/A <55 % N/A N/A Section IV— First Aid Procedures Inhalation: Immediately remove to fresh air. If breathing has stopped, give artificial respiration or oxygen. See a physician if irritation of the eyes, skin or respiratory tract occurs. Eye Contact: Immediately flush with plenty of water for at least 15 minutes holding lids apart to ensure flushing of the entire surface. Call a physician. Remove material from skin and clothing. Remove contact lenses immediately if possible. Skin Contact: Immediately flush skin with plenty of water while removing contaminated clothing and shoes. Thoroughly wash before reuse or discard. Get medical help if irritation occurs. Ingestion (Swallowing): If conscious, immediately give several glasses of water or milk. Do not induce vomiting. NEVER give anything by mouth to an unconscious person. Take immediately to hospital or physician. MOST IMPORTANT SYMPTOMS Symptoms/Injuries May be slightly irritating to skin. Symptoms/injuries after eye contact May be irritating toeyes. Symptoms/injuries after ingestion May cause vomiting, lethargy, diarrhea. Section V - Fire Fighting Measures Flash Point Method Used None --Flammable Limits: NE Extinguishing Media: Water spray, dry chemical, CO2, or other class B extinguishing agent. This material does not burn. Use extinguishing media appropriate to the surrounding fire conditions Auto ignition temp: Noncombustible. Special Fire Fighting Procedures and Protective Equipment: This material does not burn. Move containers from fire area if it can be done without risk. Otherwise, use water in flooding quantities as a spray or fog to keep fire -exposed containers cool and absorb heat to help prevent rupture. Do not enter without wearing specialized protective equipment suitable for the situation. Firefighter's normal protective equipment (Bunker Gear) will not provide adequate protection. Chemical resistant clothing (e.g. chemical splash suit and positive pressure self- contained breathing apparatus (MSHA/NIOSH approved or equivalent) may be necessary. Unusual Fire and Explosion Hazard: N/A Hazardous Decomposition or Combustion Byproducts: N/A Page 579 of 1037 SAFETY DATA SHEET Page 3 AMERICAN WATER CHEMICALS, INC. 1802 CORPORATE CENTER LANE PLANT CITY, FL 33563 Section VI — Accidental Release Measures Steps to Be Taken in Case Material is Released or Spilled., When handling spill and leaks, follow good industrial hygiene and safety practices as outlined in this document. Dispose of in compliance with local regulations pertaining to phosphates. In case of spills, prevent discharge to the environment (use dykes for large spills), Absorb spillage with earth, sand, clay, sawdust or other inert absorbent material which does not react with spilled chemical. Place all spilled material, contaminated sorbent materials, contaminated dirt, and other contaminated material in chemical waste container. Flush residual spill area with large amounts of water. Additional Information: Planning ahead is essential for handling spills. Proper equipment and trained employees should be readily available to correct a spill situation. Prevent entry to sewers and public waters. Notify authorities if liquid enters sewers and public waters. Avoid release to the environment. Section VII - Handling and Storage Precautions to Be taken in Empty drums as thoroughly as possible to facilitate disposal. Do not use with Handling (General): incompatible materials such as strong acids and strong bases. Label and Other Limits avoid damaging containers. Maintain handling equipment. Practice good PEL housekeeping. It is good practice to keep storage containers closed when not in use and when empty. Provide ventilation to minimize exposure. Use Common Names local mechanical exhaust ventilation at sources of air contamination such as open process equipment. Precautions for safe storage and Keep container closed when not in use. Protect from freezing. Do not store any incompatibilities in elevated temperatures. Section Vill — Exposure Controls and Personal Protection Components (Specific OSHA TWA8 ACG I H STEL ACGIH Other Limits Chemical Identity; PEL Recommended Common Names None has been None None None NA established Primary Route of Exposure: Inhalation Target Organs: None Known Respiratory Protection: Approved NIOSH respirator. Skin Protection: Rubber or plastic -impervious and/or waterproof. Protective Gloves: Wear impervious rubber or plastic Eye Protection: Wear chemical goggles and a face gloves. � shield and have eyewash station immediately available. Page 580 of 1037 SAFETY DATA SHEET AMERICAN WATER CHEMICALS, INC. 1802 CORPORATE CENTER LANE PLANT CITY, FL 33563 Page 4 Other Protective Clothing or Equipment: Eye wash facility and safety shower in immediate area. Rubber boots. Rubbers over leather shoes are not recommended. Use local natural or mechanical exhaust ventilation to minimize exposure at sources of air contamination such as open process equipment. Engineering or administrative controls should be implemented to control mist Section IX - Physical/Chemical Characteristics Boiling Point,- X101°C (213°F) Percent Volatile: NE Viscosity: NE Specific Gravity ( H20 = 1) 1,40t 0.10 Solubility in Water: Complete --pH: 4 — 7 Appearance and Odor: Clear liquid - colorless to slight yellow tint NR: NOT REQUIRED, NE: NOT ESTABLISHED, NA: NOT APPLICABLE Section X — Stability & Reactivity Data Stability: Stable under normal conditions of storage and handling. Usually stable in alkaline aqueous solution, but breaks down (hydrolyzes) to orthophosphate under acidic conditions, Conditions to avoid: Do not expose to extreme temperatures. Incompatibility (Materials to Avoid): Strong Oxidizing Agents (eg. perchlorates, peroxides) and strong acids (eg. Sulfuric acid) - reaction may be violent if mixed with this product at full strength. However, this product can safely be dosed into a water supply that contains dosage levels of oxidizers or acids that meet drinking water standards. Hazardous Decomposition Products: When involved in a fire, the material may form toxic fumes of phosphorous oxides. Hazardous Polymerization: Does not occur Condition to avoid: None known Additional Information: none Section XI— Toxicological Information Available data on closely related material indicates the following: ORAL LD50(Rats): =3053 mg/kg Skin Irritation (rabbit, guinea pig): Negligible irritation and no visible tissue damage was observed after a 50% solution was applied to intact and abraded skin. Acute Overexposure: Irritating to body tissue with which it comes into contact. Chronic Overexposure: No known cases of chronic poisoning due to phosphate solutions have been reported. May sequester calcium and cause calcium phosphate deposits in the kidneys. Carcinogenicity: None of the components have been classified as a carcinogen by OSHA, NTP, and ]ARC. Medical Conditions Generally Aggravated by Exposure: Phosphate solution will cause further irritation of tissue, open wounds, burns or mucous membranes, I Mutagenic: Not listed. I Teratogenic. Not listed. Page 581 of 1037 SAFETY DATA SHEET AMERICAN WATER CHEMICALS, INC. 1802 CORPORATE CENTER LANE PLANT CITY, FL 33563 Reproductive Toxicity. Not listed. Primary Route of Exposure: Inhalation Target organs: Not Listed Section XII — Ecological Information radation-1 No specific biodegradation data is available for this oroduct. Section XIII - Disposal Consideration Page 5 Waste Disposal Method: Always dispose of in accordance with federal, state and local regulations pertaining to phosphates. Consult your attorney or appropriate regulatory officials for information on such disposal. Chemical waste generators must determine whether a discarded chemical is classified as a hazardous waste. US EPA guidelines for the classification determination are listed in 40 CFR Parts 261.3. Section XIV - Transport information D.O.T. Proper Shipping Name: N/A D.O.T. Hazard Class: N/A D.O.T. LABEL: N/A ID No: N/A Packing Group: N/A Section XV - Regulatory information US Federal Regulations TSCA: All components in this product are listed on the TSCA inventory, Health & Safety Reporting List: None of the chemicals in this product are on the Health & Safety Reporting List. Chemical Test Rules: None of the chemicals in this product are under a Chemical Test Rule. Section 12b: None of the chemicals in this product are listed under TSCA Section 12b. TSCA Significant New Use Rule: None of the chemicals in this product have a SNUB under TSCA. CERCLA Hazardous Substances and corresponding RQs: None of the chemicals in this product have an RQ. None of the chemicals in this product have a TPQ, SARA Codes: Acute Section 313: None of chemicals in this product are reportable under Section 313. Clean Air Act-, This material does not contain any hazardous air pollutants. This material does not contain any Class 1 or Class 2 Ozone depletors. Clean Water Act- None of the chemicals in this product are listed as Hazardous Substances under the CWA. None of the chemicals in this product are listed as Priority Pollutants under the CWA. None of the chemicals in this product are listed as Toxic Pollutants under the CWA. OSHA: None of the chemicals in this product are considered highly hazardous by OSHA. State: None of the chemicals in this product are present on state lists from CA, PA, WI, MA, or NJ. California Prop 65: California No Significant Risk Level: None of the chemicals in this product are listed. European/International Regulations European Labeling in Accordance with EC Directives: Hazard Symbols: None Risk Phrases: 22 Harmful if swallowed. 38 Irritating to skin Safety Phrases: 2 Keep out of reach of children 61 Avoid releases to the environment. WGK (water Page 582 of 1037 SAFETY DATA SHEET AMERICAN WATER CHEMICALS, INC. lD0CORPORATE CENTER LANE PLANT CITY, FL 33563 Danger/Protection)� None All components are listed on Canada's DSL List Canada — WHIVIIS: None of the components in this product could be classified as hazardous in accordance with the hazard criteria of the Controlled Products Regulations. Canadian Ingredient Disclosure List: None of the components in this product are listed on the Canadian Ingredient Disclosure List. Potable Water Approval: This Product is NSF/ANSI Standard 60 certified. Section XVII - Other information NFPA RATINGS - Health Flammability.. Reactivity The data contained in this material safety data sheet has been prepared based upon an evaluation of the ingredients contained in the product, their concentrations in the product and potential interactions. The information inoffered ingood faith and iabelieved tobaaccurate. |tiofurnished tothe customer who iaurged bo study it oonafuUy to become aware of hazards, if any, in the etonege, hand/img, use and disposal of the product; and to insure his employees are properly informed and advised of all safety precautions required, Page 583 of 1037 This is to certify that American Water Chemicals, Inc. 1802 Corporate Center Ln Plant City, FL 33563 United States of America has implemented and maintains a Quality Management System. El Scope: The Design, Formulation, and Manufacture of Chemicals for Water Treatment Application; Operate and Maintain the same. Through an audit, documented in a report, it was verified that the management system fulfills the requirements of the following standard: ISO 9001 : 2008 Certificate registration no. 10015134 OM08 Date of original certification 2016-12-15 Date of certification 2016-12-15 Valid until 2018-09-14 DQS Inc. Ganesh Rao Managing Director A C C R E D I T E D MANAGEMENT SYSTEMS CERTIFICATION BODY Accredited Body: Dos Inc.. 1130 West Lake Cook Road, Suite 340, Buffalo Grove, IL 60089 USA Page 584 of 1037 2016 .2017 HILLSBOROUGH COUNTY BUSINESS TAX RECEIPT OCC. CODE 380.004001 RETAIL SALES WIHAZARDOUS WASTE BUSINESS AMERICAN WATER CHEMICALS INC 1802 CORPORATE CENTER LN PLANT CITY, FL 33563 AMERICAN WATER CHEMICALS INC NAME 1802 CORPORATE CENTER LN MAILING PLANT CITY, FL 33563 ADDRESS EXPIRES SEPTEMBER 30, 2017 258739 258739 IRENEWAL Receipt Fee 31.00 Hazardous Waste Surcharge 40.00 Law Library Fee 0.00 Paid 15-630-023444 07/25/2016 70,00 BUSINESS TAX RECEIPT DOUG BELDEN, TAX COLLECTOR HAS HEREBY PATO A PRIVILEGE TAX TO ENGAGE 813-635.5200 IN BLISfNESS. PROFESS[ON OR OCCUMAI ION SPECIFIED HEREON THIS BECOMES A TAX RECEIPT WHEN VALIDATED. Page 585 of 1037 State of Florida Department ofState I certih° fon the records of this office that AMERICAN WATER. CHEMICALS I A1C. is a Delaware corporation authorized to transact business in the State of Florida, qualified on April 12, 1994. The document Ilumber of this corporation is F94000001871.. I farther certify that said corporation has paid all fees due this office throulgh December 3I, 2017, that its most recent annual report/uniform business report was tiled on January 9, 2017, and that its status is active. I further certify that said corporation has not tiled a Certificate of Withdrawal. Gh,en under my haird and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Ninth city, of Januaty, 2017 "I`mackin; Number: CC6576683648 To authenticate this certificate,visit the foilowin® site,enter this [lumber, and then follow the instructions displayed. https://sei-vices.sunbiz,omg/1` iiings/CertificateOfStatns/Certif cateAiithentication Client#. 1696523 131AMERIENG ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE l__J OCCUR X Deductible: $$,l}00 4119/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER BI38T Insurance Services, Inc. PO Bax 4927 Orlando, FL 32802-4927 CONTACT NAME; PHONE rvAX N1):888-635-4183 AIC, No, Ext): 407 691-96013 E-MAIL ADDRESS: INS' RER'S%AFFORDING COVERAGE MAIC # 407 691-9600 _. INSURERA; Evanston Insurance Company _ 35378 INSURED American Engineering Services Inc INSURERS: Owners Insurance Company 32700 INSURER C: 1802 Corporate Center Ln INSURER 0: Plant City, FL 33563 INSURER E GENERAL AGGREGATE $2,000,000 INSURER F: _...- nG K-OW111 rlUMOCR: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR _ ADD L SUBR _. LTR TYPE OF INSURANCE `INSR WVD POLICY NUMBER MMIDDNYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE l__J OCCUR X Deductible: $$,l}00 16PKGSE20192 4129/2016 nPERSONAL OCCURRENCE -$7000 000 MSETOa aceE� nce $100 000 EXP(Anyoneperson) $5,000 & ADV INJURY $1,000,000 f _ GEN'L AGGREGATE LIMIT APPLIES PER: lf�-�� PRO - POLICY L—e JECT ❑ LOC GENERAL AGGREGATE $2,000,000 PRODUCTS -COMPIOPAGO $2,000,000 OTHER: S B AUTOMOBILE LIABILITY 4947152201 5/01/2016 05/01/201°MaB�QDtSINGLELIMIT $1,000,000 X ANY AUTO ALL OWNED SCHEDULED AUTOS ''� AUTOS NON HIRED AUTOS X AUTOS NON -OWNED AUTOS BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident EACH OCCURRENCE $5000000 A �( UMBRELLA LIAR X OCCUR EXCESS LIAR CLAIMS -MADE 16EFXSE20080 4/29/261 6 (}4129/201 AGGREGATE s5,000,000 DED RETENTION S RKERS COMPENSATION EMPLOYERS' LIABILITY YIN PROPRIETORIPARTNERIEXECUTIVE ICERlMEMBER EXCLUDED? s, d oryscr In NH)and s, describe underCRIPTION TANY N t A $ PER OTIT T E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT S 01= gPERATIONS below A Contr. Pollution 66PKGSE20192 4/2912016 04/29/2017 $1,000,000 Ea Condition $5,000 Deductible DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 181, Additional Remarks Schedule, may be attached if more space is required) Re: Bid No. 2010-016 Insured name continued; American Water Chemicals, Inc. dba Alkema Solutions, Inc. Additional Insured status is granted with respects to General Liability per endorsement "Additional Insured (See Attached Descriptions) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE () 1988-2014 ACORD CORPORATION. All right r,g�e ry d. ACORD 25 (2014/01) 1 of 2 The ACORD name and logo are registered marks of ACORD Page �i5/ 0? 1037 #S16017688/M16017380 MOCO C'ERTIFIC4TE OF LIABILIiY'IN URANC fdATE,I 22/1fYT,tYi: w�Bi22f16� . . THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY' AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT' BETWEEN THE ISSUING INSURERi AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT; If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services, Inc of Florida 1001 Btichell Bay Drive, Suite #1100 Miarnt, FL 33131-4937MCA CONTACT NAME; Aran Risk Services, Inc of Florida PHONE FAX 1C Nn. Ext :. 800-743-8100 A1C No : 800-52.2-7514 EMAIL EACH OCCURRENCE $ Ll ADDRESS: ADP. COI. Center Aon.com INSURER(SIAFFORDING COVERAGE NAIL# INSURER A: Illinois National Insurance Co 2.3817 INSURED ADP TotalSource III, Inc INSURER 8; 10200 Sunset Drive Miami. FL 33179 INSURER C - ALTERNATE EMPLOYER American Water Chemicals, Inc DHA Atkenia So€utions, Inc 1802 Corporate Center Lane, INSURER D: INSURER E: Plant City, FL 33553 INSURER F rf VF:PAr_1PQ - GEN'LAGGREGATE LIMITAPPLIES PERS POLICY D PROJECT R LOC rSS.WI;IIVPf iVUiYi6G[K: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_ 6.IMI I S SH OWN Ai AS I -2I i?I F S, IED INSR ADDL SUSR. LTR. TYPE OF INSURANCE !NSR 4VV6 POLICY NUMBER POLICY EFF POLICY EXP LIMITS MM1DDlYYYY 1NMIDDIYYYY COMMERCIAL GENERAL LIAUILITY CLAIMS -MADE 11 OCCUR EACH OCCURRENCE $ Ll DAMAGE TO RENTED ... 'F PREMISES sxcurrencel $ MED EXP(An one arson) $ PERSONAL s ADV INJURY $ - GEN'LAGGREGATE LIMITAPPLIES PERS POLICY D PROJECT R LOC GENERAL AGGREGATE $ PRODUCTS - COMPIOP Atte $ OTHER $ AUTOMOBILE LIABILITY COMBINED Sli LIMI !"a accident $ ANY AUTO OWNED SLI-IEDUL EO BODILY INJURY Par ersont BODILY INJURY JPer accldentl $ AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGER PR(Peaccident $ $ UMBRELLA LIAB OCCUR $ EXCESS LIAB CLAIMS -MAGE $ TENTION $WORKERS OAGGREGATE q COMPENSATION AND EMPLOYERS'LfA81LITY II N ANY PRQPRtET<}RrPARYNERrExECuriVE EXCLUDED? N I A WC 061 13J701 FL 7!112016 71112017 i - $ 2,000,000 (MandatoryIn NH) (Mandatnty In NH) I yes. de—itre ,wae, E L DISEASE - EA EMPLOYEE $ 2,000,000 DESCRIPTION OF OPERATIONS below E . DISEASE - POLICY LIMIT' $ 2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may he attached Riviera space is required) All worksile, arnpPoyees working for AMERICAN WATER CHEMICALS INC DBA ALKEMA SOLUTIONS INC paid under ADP TOTALSOURCE INC s payroll are covered under The akwve staled policy WATER CHEMICALS, INC DBA ALKEMA SOLUTIONS, INC is an alternate employer under this policy Re. `Linc Oriltaphosphale lteF-�TrC1A A- f Irae Irt�ea CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE €�I�77 /��_�// o4on it3� e�tIYtCii YILC O LArLtda a 1888-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 50$2001037 .e CONSENTAGENDA 10/17/2017 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 October 17, 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 ACTION LABOR School Crossing Guard City Bid No. 076-2110- October 20, 2017 thru MGMT., D/B/A/ Services 13/J MA October 19, 2018 STAFFING CONNECTION MULLINGS Sod and Sod Installation City Bid No. 066-2730- November 1 , 2017 ENGINEERING 16/J MA thru SERVICES; ODUM'S October 31, 2018 SOD; SUNSET SOD 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 and pricing as the initial award. 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 589 of 1037 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment D Attachmen-T D Attachment D Attachment D Attachment Description Renewal Report ® October 17, 2017 Renewal Interest® Staffing Connections Renewal Interest® Mullings Renewal Interest ® Odum's Sod Renewal Interest ® Sunset Sod Page 590 of 1037 REQUESTING DEPARTMENT. POLICE DEPARTMENT DEPARTMENT CONTACT. Captain Anthony Magnanti TERM: October 20, 2017 thru October 19, 2018 SOURCE FOR PURCHASE: City Bid No. 076-2110-13/JMA ACCOUNT NUMBER: 001-2110-521-49-17 VENDOR(S): ACTION LABOR MGMT., LLC D/8/A/STAFFING CONNECTION ANNUAL ESTIMATED EXPENDITURE: $352,000 DESCRIPTION: On October 15, 2015, City Commission awarded the bid for "Two Year Contract for School Crossing Guard Services, Bid No. 076-2110- 13/JMA" to Action Labor Management LLC dba Staffing Connections of West Palm Beach, Florida. The Initial term of the Contract was October 20, 2013 thru October 19, 2015. The vendor provides supervision and safety for children crossing city streets during the school year and during summer school. The bid allowed for three (3) one-year renewal terms. The vendor agreed to renew the bid for the first one-year renewal option (October 20, 2015 thru October 19, 2016) at the same terms, conditions and pricing. For the second one-year renewal option (October 20, 2016 thru October 19, 2017), the vendor requested and received an increase to the hourly rate from $12.25 per hour to $12.56 per hour based upon increases to Florida's Minimum wage. For this third and final one-year renewal option, the vendor has agreed to maintain the same wage rate of $12.56 per hour. REQUESTING DEPARTMENT. FINANCE/PROCUREMENT DEPARTMENT CONTACT. Ilyse Triestman TERM: November 1, 2017 thru October 31, 2018 SOURCE FOR PURCHASE: City Bid No. 066-2730-16/JMA ACCOUNT NUMBER: The appropriate account(s) will be charged at the time of release. VENDOR(S): Mullings Engineering; Odum's Sod; Sunset Sod ANNUAL ESTIMATED EXPENDITURE: $15,000 per year DESCRIPTION: On September 20, 2016, City Commission awarded the bid for Sod and Sod Installation. The City was the lead agency for this solicitation on behalf of the Southeast Florida Governmental Purchasing Cooperative. The bid allowed for three (3) one-year renewal terms. Mullings Engineering and Odum's Sod agreed to renew the bid for the first one-yar renewal option. In accordance with the terms and conditions of the Bid, Sunset Sod requested a price adjustment on some of the items. As required by the Bid, the vendor submitted backup documents from the sod distributors to support the minimal price increase. Purchasing Services supports this action. The City of Boonton 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 BID: TWO YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES BID No.: 076-2110-13/JMA CONTRACT RENEWAL PERIOD: OCTOBER 20, 2017 THRU OCTOBER 19, 2018 Y Yes, I agree to renew the existing agreement with the same Terms and Conditions for the renewal period of October 20, 2017 thru October 19, 2018. No, I do not wish to renew the agreement for the following reason(s): ACTION LABOR MANAGEMENT, LLC d/b/a/ STAFFING 'NAME OF COMPANY' NAME OF REPRESENTATIVE (Please print) 9 1 Z8' DATE SC-0Ok. 9) ACA i cap. L^ 6m. cry E-MAIL ADDRESS 14srkp1 t Cr TITLE q4Sy - -T� tq— 3 Ll L4 H (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 592 of 1037 wDai4sling aq4 o4 1(Dma4oq sDjpawV �Gevqm 3NOHd3l31(T100 V3HV) Th � e gs� t) gb 5SM1GOV livyl-El 31VO (Iuijd aseeid) 3AIIVIN3S38d3�l JO 3NVN 5� �viL],-a I 1111 '1 Itl 11411 "0j si Aj (T S331AH3S ONIM33NION3 SSNmnw :(s)U0se,qJ bulmollol E)ql 101 jUaLUaaJf)e aqj MaUaJ q LISIM JOLJ ()P I '()N maugi aqj Jol suol 1PU00 PUB sw 'goZ'�C jaqojoo ruWT LLOZ'[ jaqWGAON 10 poijad le Jai awes LIpm juawgai5a bullsixg aqj Mquej 01 Ogibe I Isok stoz 'tr 2J'-4so-Loo ndH.L LkOZ 'A 8-49PV3AOAF :aomd -lVM3N311 13"MOO VWC/9 VOUZ-990 :'ON ally N011VIIVISNI GOS GNV GOS :(319 9TE9-Lri7Z (T9S) --XVj OTE_q-e,t,Z (T-95):ON auoqdalal 0 TEO-j-Zt7Ec OPY01-4 'YODOG uojuAog LITE X09'0'd p-imalnog qmag uojuAog -3 OOT sailAias juawajnmidlazjmuij 113pall u0juttoff r- Au- ju 114�j AqJ593 of 1037 The City of Boonton Beach FinancelProcurement Services 100 E Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 BID: SOD AND SOD INSTALLATION BID No.: 066-2730-16/JMA CONTRACT RENEWAL PERIOD: NOVEMBER 1, 2017 THRU OCTOBER 31, 2098 Yes, I agree to renew the existing agreement with the same Terms and Conditions for the renewal period of November 1, 2017 thru October 31, 2018. No, I do not wish to renew the agreement for the following reason(s): ODUMS SOD, INC. NAME OF COMPANY &I'lo 701 ,nj 'NAME OF REPRESENTATIVE (Please print) I /') — — — 10 111 1 f DATE (h, mswd cc Pyl i�-UAIL ADDRESS SS 4T`.NATURE TITLE (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 594 of 1037 financelProcurernent,5erv,ces 100 E. Baynton Beach Boulevard P.0. 80K 32 0 BOWO,F) Beach, POT0033425-0310 Telephone fila. (56i) 742 63j FAX-' (561) 742-6316 BID: SOD AND SOD INSTALLATION BID No.: 066-2730-161JMA Yes , I agree to renew the existing agreement with the same Terms and Conditions for the renewal period of November 1, 2017 thru October 31, 2018. LA No, I do not wish to renew the agreement for the following reason(s): S r- "-� - -1 0"Irs AJ p-er NAME —0—�—r. N —,+ SIG �.AT�URE r e -S e NAME OF REPRE—SENTATIVE (Please print) DATE (AREA COD )TELEPHONE NUMBER So — — -MW . . ..... . �7 lLAIJDRE—SS-'- America's Gatewoy to the Gulf Stream Page 595 of 1037 Sunset Sod, Inc. P.O. Box 160744 Miami, FL 33116 Subject: December 2016 SOD PRICES N- - �Wjjjmwa 1- s- e Cocoa i Cocoa La Belle take Placid Oviedo Floratam i .20 i .19 j .18 .25 Palmetto@ .20 1 if tech difficulty if tech difficulty if tech difficulty Seville .20 (863)673-1502 .18 .25 Certified Bermuda 419 .21 .20 Bermuda 419 .19 .18 Bahia* .10 .10 .17 Empire Turf@ (Zoysia) .24 .24 .25 .30 Certified Celebration@ .23 .20 .30 icon ZQysfa@ .20 .20 .25 .30 Cocoa La Belle Lake Placid Oviedo i Jessica Lopez Melenda Wood Anita Baza Taylor Hill (321)757-7455 (863)675-0858 (863)699-2900 (407)365-2189 if tech difficulty if tech difficulty if tech difficulty if tech difficulty (321)403-9671 (863)673-1502 (863)441-1332 (407)448-9599 Page 596 of 1037 Page 597 of 1037 SUNSET SOD, INC. 13100 SW 124 Avenue Miami, FI 33186 O# 305-253-2002 F# 786-242-9988 10/4/2017 To Whom It May Concern: Sunset Sod Inc. is requesting an increase on bid items due to increase in product cost from the farm. We are requesting a price increase as follows on the following bid items: St. Augustine Palmetto increase by.05 cents per sq. ft. St. Augustine Floratam increase by .05 cents per sq, ft. (For the Floratam variety only .02 increase in farm and a .03 increase additional due to shortages in fields from Hurricane Irma) Zoysia Empire increase by .06 cents per sq. ft. Bermuda certified 419 increase by .03 cents per sq. ft. Bermuda certified Celebration increase by .05 cents per sq. ft, We are not taking into consideration cost of fuel increase. The only price increase is taken directly from farm cost other than Floratam as mentioned above. We do foresee further increase of cost of sod as supply and demand become a factor from storm damage, however, we will honor the bid items for the one-year renewal with these increases above taken into effect. This increase will not only ensure quality product but our services as well. We look forward to continuing business with you. Kind Regards, Sunset Sod lnc. Kathy Hernandez President/ Owner Page 598 of 1037 6. R. CONSENTAGENDA 10/17/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/17/2017 REQUESTED ACTION BY COMMISSION: Accept the Fiscal Year 2016-2017 Budget Status Report of the General Fund and the Utilities Fund for the eleven (11) month period ended August 31, 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 eleven (11) month period ended August 31, 2017 (92% 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: GENERALFUND The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $7.7M surplus for the period ending August 31, 2017. Revenues & Transfers (Exhibit A) — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $68.9M or 82% of our total $83.7M General Fund budget estimate for FY 2016-17. Transfers from other funds (non -revenues) provide $14.8M or 18% of the total funding sources to balance our $83.7M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 38% - $ 31.6M —Property taxes less Tax Increment Financing to the CRA 2. 44% - $ 37.3M —All other revenues plus General Fund Balance 3. 18% - $ 14.8M — Transfers from other funds 100% - $ 83.7M — Total funding sources The property tax rate for FY 2016-17 is 7.9000 mills, no change from the prior year; the net property taxes of Page 599 of 1037 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 $ 83,767 $ 79,817 95% $ 76,518 $ 74,797 98% 9.5% 6.7% &Transfers Expenditures $(83,767) $(72,120) 86% $(76,518) $(69,774) 91% 9.5% 3.4% Excess (Deficit) $ - $ 7,697 $- $ 5,023 The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $7.7M surplus for the period ending August 31, 2017. Revenues & Transfers (Exhibit A) — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $68.9M or 82% of our total $83.7M General Fund budget estimate for FY 2016-17. Transfers from other funds (non -revenues) provide $14.8M or 18% of the total funding sources to balance our $83.7M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 38% - $ 31.6M —Property taxes less Tax Increment Financing to the CRA 2. 44% - $ 37.3M —All other revenues plus General Fund Balance 3. 18% - $ 14.8M — Transfers from other funds 100% - $ 83.7M — Total funding sources The property tax rate for FY 2016-17 is 7.9000 mills, no change from the prior year; the net property taxes of Page 599 of 1037 $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 18% of all funding sources. Actual Funding Sources Realized: At the end of the eleventh month in FY 2016-17, revenues and transfers realized are approximately $79.8M of the budget estimate compared to $74.8M realized to date in FY 2015-16. Ad Valorem Taxes, net of discounts and TIF taxes to the CRA, received to date was $31.7M as compared to $29.6M for FY 2015-16, as noted on Exhibit A. Expenditures (Exhibit B) Budgeted Expenditures: Overall, appropriations increased approximately 9.5% from $76.5M to $83.7M. 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 eleventh month period ending August 31 (92% of the fiscal year) are $72.11M that is 86% of the $83.7M 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 $72.1 M or 86% of the FY 2016-17 budget. At this point in the fiscal year, FY2016-17 spending levels are $2.4M ahead of the $69.7M or 91% 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 $42.2M. 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 $ 41,386 98% $ 42,218 $ 41,326 98% 0.1% 0.1% &Transfers Expenditures $(42,245) $(37,683) 89% $(42,218) $(36,792) 87% 0.1% 2.4% Excess (Deficit) $ - $ 3,703 $ - $ 4,534 For the eleven month period in FY 2016-17, • Revenues realized are $41.3M (98%) of the annual budget estimate. • Expenditures incurred are $37.6M (89%) of the annual appropriated budget. This resulted in revenues in excess expenditures which yielded a surplus of approximately $3.7M. Expenditures (Exhibit D) — Utility Fund FY 2016-17 expenditures to date are $37.6M or 89% of the annual appropriation compared to expenditures of $36.7M or 87% for the prior fiscal year (which excludes depreciation and the joint ventures expenditures). Page 600 of 1037 ALTERNATIVES: Discuss this Budget Status Report or request clarification at the City Commission meeting. STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type D Addendum D Addendum D Addendum D Addendum Description GF Revenues in Rpt, period ending August 31, 2017 GF Expenses in Rpt, period ending August 31, 2017 OF Revenues in Rpt, period ending August 31, 2017 OF Expenses in Rpt, period ending August 31, 2017 Page 601 of 1037 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended August 31, 2017 (92% of Fiscal Year) S:A FinanceTinancial Repor[sAlonthly Financial Repor[sTY2016-2017ABudget Review - GF - tluu August 17 Summzrized001 Revenue SummaryRevised Page 602,of 1037 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 $ 38,378,634 REALIZED 100% APPROVED $ 35,437,711 REALIZED 35,627,656 REALIZED 101% AD VALOREM TAXES, net LESS TIF TAXES TO CRA 6,682,137 (6,590,331) 99% 5,985,241 (5,971,583) 100% NET TAXES TO THE CITY 31,640,172 31,788,303 100% 29,452,470 29,656,073 101% LICENSES AND PERMITS BUSINESS TAXES 1,656,000 1,728,930 104% 1,545,000 1,713,955 111% BUILDING PERMITS 2,417,000 2,459,356 102% 2,154,000 2,438,517 113% FRANCHISE FEES 5,065,000 4,260,564 84% 4,830,000 4,219,507 87% OTHR LICENSES, FEES & PER 218,000 213,082 98% 180,000 218,790 122% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 85,000 37,309 44% 130,000 41,422 32% STATE SHARED REVENUES 8,674,000 7,911,779 91% 8,239,000 7,436,420 90% SHRD REV FROM OTHR LCL 310,000 159,043 51% 395,000 171,053 43% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 121,300 134,833 111% 121,300 120,133 99% CHRGS-GENERAL GOVT 459,500 466,810 102% 459,000 447,190 97% PUBLIC SAFETY 5,133,816 6,549,850 128% 4,870,949 5,492,067 113% PHYSICAL ENVIRONMENT 20,000 8,459 42% 20,000 17,689 88% CULTURE/RECREATION 415,500 426,478 103% 410,500 413,950 101% INTEREST & MISC REVENUE LIBRARY FINES 30,000 20,924 70% 30,000 19,610 65% VIOLATIONS LOCAL ORD. 720,000 517,814 72% 595,000 626,582 105% INTEREST EARNINGS 50,000 106,948 214% 50,000 107,449 215% RENTS AND ROYALTIES 368,800 367,034 100% 367,200 305,087 83% SPECIAL ASSESSMENTS 5,541,500 5,653,724 102% 5,541,500 5,632,819 102% SALE OF SURPLUS MATERIAL 2,000 2,827 141% 2,000 2,129 106% OTHER MISC. REVENUE 2,725,000 398,345 15% 233,000 231,612 99% INTERNAL FUND TRANSFERS TRANSFERS 14,842,000 13,605,167 92% 16,442,000 15,071,833 92% FUND BALANCE APPROPRIATED 3,272,149 2,999,470 92% 450,645 413,091 92% Total Revenues $ 83,766,737 $ 79,817,049 95% $ 76,518,564 74,796,978 98% S:A FinanceTinancial Repor[sAlonthly Financial Repor[sTY2016-2017ABudget Review - GF - tluu August 17 Summzrized001 Revenue SummaryRevised Page 602,of 1037 S: TinanceTinancial ReportsAlonthty Financial ReportsTY2016-2017\13udget Review - GF - thru August 17 Summarized001 Expenditure Summary Revised Page. V11pDaiof 1037 EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended August 31, 2017 (92% 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 $ 244,978 106% $ 260,692 $ 199,722 77% CITY MANAGER 696,119 680,147 98% 675,310 618,415 92% CITY HALL/GEN. ADMIN. 8,405,149 2,653,647 32% 2,441,639 2,004,440 82% MARKETING/COMMUNICATIONS 313,215 221,617 71% 234,811 209,189 89% CITY CLERK 605,165 472,603 78% 611,709 520,610 85% CITY ATTORNEY 615,411 487,978 79% 645,944 553,095 86% FINANCIAL SERVICES 1,186,767 955,728 81% 1,175,704 1,063,639 90% ITS 2,249,058 1,799,431 80% 1,921,828 1,724,220 90% HUMAN RESOURCES 806,830 658,934 82% 720,200 588,271 82% PUBLIC SAFETY UNIFORM SERVICES 16,197,211 15,130,015 93% 15,809,178 14,446,559 91% ADMINISTRATIVE SERVICES 3,715,348 3,302,794 89% 5,269,636 4,660,831 88% SUPPORT SERVICES 9,151,124 8,802,924 96% 8,782,483 8,189,272 93% FIRE 21,789,868 21,225,159 97% 22,767,587 21,263,773 93% COMMUNITY STANDARDS 2,191,683 1,649,059 75% 0 0 0% EMERGENCY MANAGEMENT 22,870 10,110 44% 81,914 14,328 17% BUILDING & DEVELOPMENT DEVELOPMENT 1,091,800 1,013,160 93% 1,013,150 935,786 92% BUILDING 1,200,588 1,219,146 102% 1,184,195 1,059,164 89% ENGINEERING 693,132 632,099 91% 716,777 651,392 91% PLANNING & ZONING 733,234 702,944 96% 757,498 703,771 93% ECONOMIC DEVELOPMENT 231,749 172,555 74% 245,731 173,080 70% PUBLIC WORKS PUBLIC WORKS 223,397 206,962 93% 235,695 213,445 91% FACILITIES MANAGEMENT 1,851,035 1,420,088 77% 1,541,462 1,333,031 86% STREETS MAINTENANCE 1,128,602 960,365 85% 1,100,307 962,814 88% LEISURE SERVICES LIBRARY 2,253,461 2,090,174 93% 2,261,401 2,086,275 92% SCHOOLHOUSE MUSEUM SERV 269,372 249,746 93% 301,653 288,696 96% RECREATION 2,960,081 2,669,114 90% 2,990,094 2,736,725 92% PARKS & GROUNDS 2,952,762 2,459,594 83% 2,771,966 2,515,243 91% CRA REIMBURSABLE & RESERVES - 28,776 0% - 58,562 0% Total Expenditures $ 83,766,737 $ 72,119,847 86% �$-- 76 518 564 $ 69,774,348 91% S: TinanceTinancial ReportsAlonthty Financial ReportsTY2016-2017\13udget Review - GF - thru August 17 Summarized001 Expenditure Summary Revised Page. V11pDaiof 1037 EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended August 31, 2017 (92% of Fiscal Year) S:\Finance\Financial Reports\Monthly Financial Reports\FY2016-2017\Budget Review - OF - thru August 17 Summariz d401 Rev Sum Page 604 of 1037 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 $ 20,476,048 REALIZED 101% APPROVED $ 19,490,000 REALIZED $ 19,519,899 REALIZED 100 WATER SALES WATER CONNECTION FEE 25,000 81,301 325% 25,000 47,975 192% WATER SERVICE CHARGE 750,000 879,285 117% 750,000 808,205 108 WTR-BACKFLOW PREVNTR TEST 10,000 16,000 160% 5,000 22,300 446 RECLAIMED WATER SALES 60,000 67,286 112% 60,000 56,775 95 SEWER SERVICE 18,500,000 17,396,101 94% 17,988,000 17,223,105 96% STORMWATER UTILITY FEE 3,800,000 3,503,209 92% 3,790,000 3,462,640 91 TELEVISE SEWER LINES 3,500 634 18% 2,500 12,857 514 FEES 15,000 6,338 42% 10,000 36,854 369 INTEREST INCOME 35,000 31,034 89% 40,000 43,460 109% SALE OF SURPLUS EQUIP. - 30,983 0% - 1,403 0 OCEAN RGE UT TAX ADM CHG 800 750 94% 800 813 102 BAD DEBT RECOVERIES - - 0% 500 - 0 MISCELLANEOUS INCOME 863 0% - 38,377 0% TRANSFER FROM SANITATION FUND -0% - - 0 FUND BALANCE DECREASE (INCREASE) (1,204,004) (1,103,670) 92% 56,108 51,432 92 TOTAL REVENUES $ 42,245,296 $ 41,386,162 98% $ 42,217,908 $ 41,326,095 98% S:\Finance\Financial Reports\Monthly Financial Reports\FY2016-2017\Budget Review - OF - thru August 17 Summariz d401 Rev Sum Page 604 of 1037 EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended August 31, 2017 (92% 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 $ 1,814,027 $ 1,680,572 93% APPROVED EXPENDED $ 1,659,754 $ 1,487,307 90% WATER DISTRIBUTION PUBLIC WATER TREATMENT 5,961,748 5,149,328 86% 5,691,571 4,739,572 83% METER READING & SERVICES 1,068,186 1,040,201 97% 1,208,362 950,100 79 WASTEWATER COLLECTION 1,667,933 1,342,643 80% 1,720,597 1,452,443 84% WASTEWATER PUMPING STATNS 2,586,495 2,105,051 81% 2,622,842 2,208,900 84 SEWAGE TREATMENT 3,928,070 3,222,884 82% 4,405,000 3,531,511 80% WATER QUALITY 650,776 490,123 75% 662,894 593,455 90 UTILITY ADMINISTRATION 14,710,941 13,293,267 90% 14,472,294 12,838,670 89% UTILITES ENGINEERING 1,365,747 1,370,612 100% 1,150,746 1,174,904 102% STORMWATER MAINTENANCE 966,364 847,361 88% 978,291 848,055 87% CUSTOMER RELATIONS 1,446,521 1,258,553 87% 1,562,822 1,315,772 84% DEBT SERVICE 6,078,488 5,882,728 97% 6,082,735 5,651,311 93 Total Expenditures $ 42,245,296 $ 37,683,323 89% $ 42,217,908 $ 36,792,000 87% S:\Finance\Financial Reports\Monthly Financial Reports\FY2016-2017\Budget Review - OF - thru August 17 Summariz d401 Exp Sum Page 605 of 1037 6.S. CONSENTAGENDA 10/17/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/17/2017 REQUESTED ACTION BY COMMISSION: Legal Expenses- September 2017 - Information at the request of the City Commission. No action required. EXPLANATION OF REQUEST: Outside counsel has not provided the September 2017 statements to Risk Management and therefore their August invoices (most recent) are attached. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? n/a FISCAL IMPACT: Budgeted ALTERNATIVES: n/a STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 606 of 1037 ATTACHMENTS: Page 607 of 1037 Type Description D Attachment Summary Goren Cherof General Sept D Attachment Goren Cherof Doody & Ezrol September 2017 1 nvoices D Attachment Summary Goren Cherof Risk Sept D Attachment Goren Cherof Doody & Ezrol September 2017 Risk Oversight I nvoices D Attachment Summary Outisde Risk Sept D Attachment Other Counsel August 2017 Risk Management I nvoices Page 607 of 1037 Goren, Cherof, Doody & Ezrol, P.A. - September 2017 General Legal Costs Retainer -General Matters onsite office hours agenda item review pre-mtg commissioner mtgs commission mtg followup commission mtg contract review, code issues group homes, NOI research 125.3 Hours 16,165.84 Labor -general 2,378.15 Red light camera 4,977.05 Special Fire Assessment 663.00 Unsecuredc Creditors of Tribune 526.50 Exec Est of BB Homeowners(Dwork, Jonathan) 0.00 Litigation 4,380.60 Model Block Right of Way 0.00 HSBC Bank (Murray, Paul) 58.50 Olen Properties Corp 538.15 Boynton Old School Partnership 234.00 Deutsche Bank (Howell, Jeanette) 19.50 Akyeshia Gums vs. JP Morgan 58.50 Deutsche Bank Natl Trust (Perlowitz, David) 136.50 Predelus, Love (HUD Complaint) 1,678.15 Bank of NY Mellon (White,Jack) 117.00 Po Ying Sem, Trustee (Stanley, Edmund) 546.00 US Bank Trust (Luoto, Kaija) 19.50 Seminole Lakes Homeowners (IH4 Prop) 0.00 Secured Holdings 0.00 FNMA (Moskoff, Eric) 0.00 Bock, Sharon as Clerk & Comptroller PBC 472.55 Estate of Hazel Clemmons,James Nutter Co. 0.00 HUD Housing Discrimination 0.00 COBB s/t Habitat for Humanity 0.00 Riverwalk Development Agt 0.00 Town Square 2,853.05 Nationstar Mtg (McBride, Cheryl) 19.50 HSBC Bank (Meriles, Jean) 0.00 US Bank Natl Assoc (Maxi, Kinson) 0.00 Prime Property of PB (Peterson, Steven) 0.00 The Bank of New York (Henry, Ivey) 527.20 TOTAL General Legal Costs -September 2017 36,369.24 Page 608 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson Special Fire Assessment 09/05/2017 JAC Prepare for hearing to set rates; pull and review assessment history re: Commission question. 09/30/2017 JAC Close out annual FA review and notate records for methodology review in next cycle. FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 3.40 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/03/2017 306-0005370 17205 HOURS 1.20 2.20 3.40 663.00 TOTAL $663.00 663.00 $663.00 Page 609 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson LABOR - General ACCOUNT NO STATEMENT NO HOURS 09/04/2017 SHB Receive and review Roehrich discipline documents; follow up with Oldbury. Review and revise background check policy. Follow up with Oldbury. 1.00 09/18/2017 SHB Receive and review arbitration award; begin research re: investigation matters. 0.60 09/19/2017 SHB Follow up re: status of Vintyre Finney criminal case; update Laverriere. 0.30 09/27/2017 SHB Receive and review pre -d documentation; follow up with Oldbury. Receive and review correspondence re: Sagel matters; follow up with Oldbury. Attend Mulheisen pre -d comference at City Hall. 5.10 09/29/2017 SHB Attend Matson pre -determination conference at City Hall; discuss Matson matters with Laverriere and Oldbury. Discuss Mulheisen and various labor matters with Oldbury and Laverriere. Discuss Prince discipline matters with Katz and Oldbury. 5.00 FOR CURRENT SERVICES RENDERED 12.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 12.00 $195.00 $2,340.00 Photocopies TOTAL EXPENSES THRU 09/30/2017 TOTAL CURRENT WORK BALANCE DUE Page: 1 10/03/2017 306-0603180 17206 ,a."i TV. VV 38.15 38.15 2,378.15 $2,378.15 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 610 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-0806020 Boynton Beach FL 33425 STATEMENT NO: 17207 Attn: Lynn Swanson Red Light Cameras HOURS 09/01/2017 SHB Prepare and file notices of intent to rely on business records for use at trial; review Barthelemy court docket re: case status and next hearing. 0.60 09/05/2017 SHB Follow up with Hawkins, Verrigni, and Petriello re: various pending program matters and ATS restart of cameras. 1.20 09/18/2017 SHB Discuss program matters with MDC and JAC. Follow up with PD re: hurricane matters. Prepare and file notices of intent to rely on business records for use at trial. 1.00 09/19/2017 SHB Call from Hawkins re: local hearings and special magistrate; follow up with Laverriere. Various correspondence with PD re: hurricane damage and ATS contact. 1.00 09/21/2017 SHB Telephone conference with Lou Arslanian re: email address for service of Page 611 of 1037 motion. Discuss with MDC and JAC. Receive and review Motion to Dismiss; begin drafting opposition memo. Follow up with City staff re: evidence packet. Correspondence to ATS, Guedes, McCoy, and Dietz re: Motion to Dismiss. Telephone conference with Reeb and McCoy. Review various transcripts and court documents; correspondence to Hollander re: inconsistent motion and res judicata. Follow up with Hawkins re: 10-4 NOls. 3.00 MDC Meet with SHB, review Motion to Dismiss (Cox); confer on strategy for hearing. 0.60 JAC Review new defense issue and options; conference with SB and MC; follow up research. 2.80 09/22/2017 SHB Meeting with JAC and MDC re program matters and Motion to Dismiss. Review prior briefs filed in other matters. Telephone conference with Reeb. Telephone conference with ATS, McCoy, and Guedes re: MTD and pending trials and legal matters. 2.50 MDC Review Motion to Dismiss, confer with SHB and JAC; attend conference call on status of challenges statewide and of pending Supreme Court case. 0.90 09/25/2017 SHB Follow up with ATS re: 10/4 trial preparation; telephone conference with Reeb. Prepare and file notices of intent to rely on business records for use at trial. 2.00 Page 611 of 1037 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO Red Light Cameras 09/26/2017 SHB Prepare and file notices of intent to rely on business records for use at trial. 09/27/2017 SHB Prepare and file notices of intent to rely on business records for use at trial. 09/28/2017 IR Receipt, review and responded to email regarding red light camera request; updated weekly WIP to shareholders and advised other attorneys of project, to retrieve and review 145 court dockets sheets early next week, before trial Wednesday, October 4, 2017. MDC Miscellaneous telephone calls with ATS, BB officers, confer with SHB for 10/04 trials SHB Prep for 10-4 trials. Telephone conference with ATS witnesses re: prep for 10-4 trials and MTD. Telephone conference with Verrigni, Petriello, and Hawkins re: 10-4 trials and MTD. Discuss various pending matters with MDC. 09/29/2017 MDC Begin reviewing items for 10/04 hearings. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 2.80 $195.00 MICHAEL D. CIRULLO 2.50 195.00 SHANA H. BRIDGEMAN 19.80 195.00 INGRID RIERA 0.40 125.00 Photocopies TOTAL EXPENSES THRU 09/30/2017 TOTAL CURRENT WORK BALANCE DUE HOURS 2.50 2.50 Page: 2 10/03/2017 306-0806020 17207 0.40 0.60 3.50 0.40 25.50 4,944.50 487.50 3,861.00 50.00 32.55 32.55 4,977.05 $4,977.05 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 612 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson General Matters ACCOUNT NO STATEMENT NO HOURS 09/01/2017 SHB Telephone conference with City staff re: chronic nuisance ordinance enforcement matters. Review backup documents provided by Mack. 1.50 09/05/2017 JAC Onsite; prepare for meetings and budget / storm contingencies; conference with LL and staff; review re: chronic nuisance form agreements and 204 NE 12 Ave. agreement. 7.50 09/06/2017 SHB Bamboo and Palmer Road - review land survey and communications from County. Follow up with Roscheck, Rumpf, and Paterniti. 1.40 JAC Onsite; staff conference re: storm preparation contingencies and agenda; review Bamboo utility issues. 6.20 DNT Review status of Palmer Road and Bambook lane easements. 0.40 09/07/2017 JAC Emergency preparedness matters; prepare for and attend Commission meeting and budget hearing; CAO document security issues preparation. 8.50 FLN Reviewed file documents and notes; and began draft of MOU/Palm Beach Schools. 3.00 09/12/2017 JAC Onsite; post storm review and office administration; review CAO documents; review for second budget hearings; review medical marijuana regulations. 6.50 09/13/2017 JAC Onsite agenda review; office - document administration; review email and memos; evaluate document retention policy and document scanning options. 5.00 09/14/2017 JAC Agenda review and preparation; review and send medical marijuana information to J. Randolf. 4.00 09/15/2017 FLN Re: lien mitigation for 182-184 SE 27th Way authorization of agent form; reviewed all relevant supporting documents; reviewed public records information related to the company/owner of property; communicated twice via email with owner's counsel Cary Sabol on documentation; sent related advice email to Lynn Swanson. 2.40 JAC Agenda review and preparation; review Assistant CA's assignments and work produce. 4.50 Page: 1 10/03/2017 306-9001821 17208 Page 613 of 1037 Page: 2 CITY OF BOYNTON BEACH 10/03/2017 ACCOUNT NO: 306-9001821 STATEMENT NO: 17208 General Matters HOURS 09/18/2017 SHB Review Commission agenda. Follow up with Swanson re: rescheduled City Meetings. Receive and review correspondence from Kittendorf re: 2910 SE 2ND ST violations; discuss with JAC. Follow up with Kittendorf and other City staff. Research re: utilities customer service recording of calls; follow up with City staff. 1.50 FLN Reviewed follow-up inquiry from Jim Cherof re: to US Code citations and federal regulation as it relates to debris removal/hold harmless agmt and duplication of services; reviewed regulations and followed up with Jim on findings via email. 1.50 DNT Telephone conference call with Mike Rumpf re: sign code matters; telephone conference call with Chris Roschek re: Palmer road utility easement; review Verizon registration application for facilities in right of way. 1.30 JAC Onsite office administration and staff conference; prepare for Commission meeting and final budget hearing; reveiw replat issue NW 11th. 6.70 09/19/2017 SHB Municipal prosecution: receive and review hearing notice, PC, and court docket for defendant Patrick Maxwell. Municipal prosecution: receive and review hearing notice, PC, and court docket for defendant Scott St. Clair. Municipal prosecution: receive and review hearing notice, PC, arrest status, and court docket for defendant Bernard Moore; follow up with City re: additional documentation. 1.50 JAC Onsite; prepare for Commission Meeting and Budget Hearings; review procurement issues and revision to procurement code options and timing research BB of Adj appeals and process; FEMA cleanup status call in conf. 9.70 09/20/2017 JAC Onsite office administration issues and review of pending issues; review procurement issues; attend Town Square Staff Input meeting; review with TD - indemnification language. 5.50 09/21/2017 JAC FEMA claim follow up review; prepare for ROW issue; review CAO assignments and case status. 5.20 SHB Receive and review reasonable accommodation documents from Rumpf; discuss with JAC. Follow up with Rumpf. 0.60 09/22/2017 FLN Completed Community Standards code re -write revisions; communicated with Mark Woods and Lynn Swanson re: meeting to discuss revisions. 2.50 JAC Onsite; conference - post storm staff review; prepare after action - FEMA review; review P&D agenda - research ROW/FEC issue; research property debris removal issues. 7.00 09/25/2017 FLN Re: 182-184 SE 27th Way, Boynton Beach, FL - Code Enforcement Lien/post hearing mitigation; reviewed opposing counsel's analysis; reviewed foreclosure case records to confirm status of lien; sent related emails to City staff to inquire on fees for partial release of lien. 1.00 DNT Research sign code issues; dictate email to Mike Rumpf re: bullet points for sign code review. 0.80 JAC Onsite review email and memos; attend and follow up re: staff meeting; review ROW abandonment issue and FEC. 5.00 Page 614 of 1037 Page: 3 CITY OF BOYNTON BEACH 10/03/2017 ACCOUNT NO: 306-9001821 STATEMENT NO: 17208 General Matters HOURS 09/26/2017 SHB Review and revise reasonable accommodation agreement; follow up with Rumpf. Follow up re: Bernard Moore municipal prosecution matters. 2.30 FLN Re: Erin Dunn's bankruptcy related questions on outstanding bills, reviewed matter, handled relevant research ahead of meeting with Erin to advise her on issues; reviewed and researched inquiry re: to bankruptcy/city settlement with Barclays. 2.80 JAC Onsite office administration; prepare for and attend P&D Board; follow up re: public art issue. 4.50 09/27/2017 FLN Meeting with Mark Gomes at City Hall re: code rewriting of community standards code section; meeting with Erin Dunn re: bankruptcy related questions and utilities; T/C to Erin Dunn and Mark Gomes re: inquiry from tenant living at property located at 261 NE 16th Court. 3.50 JAC Call with Shane K. re: Manatee Bay; call with A. Parke re: Manatee Bay; review agenda item; conference with attorneys re: cure issues; review RLC issue. 2.70 DNT Telephone conference call with Mike Rumpf re: signs for medical marijuana dispensaries and recent legislation re: sign code preemption. 0.80 09/28/2017 FLN T/Cs with Erin Dunn, Lynn Swanson and tenant Joshua Woods re outstanding utility bill for property located at 261 NE 16th Court; re: 182-184 SE 27th Way, Boynton Beach, FL - Code Enforcement Lien matter, drafted and exchanged emails on status of City's to/with Cary Sabol, property owner's attorney; also discussed and conferred with Mark Woods and Lynn Swanson re: this matter; reviewed official records, property appraiser and foreclosure records re: discrepancy in City's lien and to properly address partial release issue; reviewed other request for advice re: to partial release of City's lien on property located in Lake Worth. 2.20 JAC Review agenda matters; review and notate Spillman Agreement; call with TH re: BB Adj. & Appeal. 4.60 09/29/2017 JAC Review published agenda and prepare for meeting. 1.20 FOR CURRENT SERVICES RENDERED 125.30 16,165.84 TOTAL CURRENT WORK 16,165.84 BALANCE DUE $16,165.84 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 615 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Unsecured Creditors of Tribune Company 09/01/2017 BJS Draft update memorandum re: Settlement offer 09/05/2017 BJS Review and revise update memorandum for JAC review. 09/07/2017 BJS Draft follow up correspondence re: Settlement 09/25/2017 BJS Review and revise draft memorandum re: Amended Settlement Offer 09/29/2017 JAC Review rejection memo to LL with BJS; review case status FOR CURRENT SERVICES RENDERED ACCOUNT NO STATEMENT NO RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 0.50 $195.00 BRIAN J. SHERMAN 2.20 195.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/03/2017 306-9904908 17209 HOURS 1.00 0.30 0.40 0.50 0.50 2.70 526.50 TOTAL $97.50 429.00 526.50 $526.50 Page 616 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Olen Properties Corp., et al 09/18/2017 JAC Review re: notice of status conference. 09/28/2017 JAC Confirm and prepare for settlement conference with A. Parke. 09/29/2017 JAC Review trial order and filings; prepare response. FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 2.60 $195.00 Photocopies TOTAL EXPENSES THRU 09/30/2017 TOTAL CURRENT WORK BALANCE DUE Page: 1 10/03/2017 306-9904936 17210 HOURS 0.40 0.70 1.50 2.60 507.00 TOTAL $507.00 31.15 31.15 538.15 $538.15 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 617 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Boynton Old School Partnership, LLC 09/13/2017 JAC Review OSP brief and cited cases. FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 1.20 1.20 RECAPITULATION HOURS HOURLY RATE TOTAL 1.20 $195.00 $234.00 Page: 1 10/03/2017 306-9904945 17211 234.00 234.00 $234.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 618 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9904950 Boynton Beach FL 33425 STATEMENT NO: 17212 Attn: Lynn Swanson Litigation Miscellaneous HOURS 09/06/2017 TAD Receipt and review of correspondence re: property damage claim. Review accident information and correspondence re: vehicles involved. 0.60 09/15/2017 TAD Receipt of incident report (Demesquitor). Receipt of incident report (Mc Fadden). Confer with JAC re: status of claims. 0.60 JAC Review pending tort defense cases with TD; review pleadings re: same; preliminary review of Aaron Robling v. Boynton Beach Complaint and preliminary discovery. 1.20 BJS Review multiple forfeitures matters and draft update correspondence to Scott Harris 1.50 09/18/2017 BJS t/c with Scott Harris and follow up legal research with review of police reports re:: Forfeiture 1.20 JAC Review and research re: storm damage and cleanup liability; review Barrera satisfaction of mortgage. 2.00 TAD Receipt and review of correspondence from City re: agreement and prepare response to same. 0.30 09/19/2017 BJS Follow up re: Forfeiture/Adversarial Preliminary Hearing and t/c with Scott Harris 0.60 09/20/2017 TAD Receipt and review of use of force report (Wilkens) 0.20 BJS t/c with Scott Harris re:: Follow up pending forfeitures 0.40 JAC Case status review. 0.30 09/21/2017 TAD Prepare correspondence to City re: indemnity demand and review of claim. 0.30 09/22/2017 BJS t/c with Scott Harris and review new forfeiture matter re: 17-054235. follow up re: Adversarial Preliminary Hearing cancellation, prepare Petition for Probable Cause Order and attend hearing at the Palm Beach County Courthouse 6.80 09/25/2017 BJS Follow up re: Forfeitures/pending and for reporting purposes 0.50 09/26/2017 BJS Review forfeiture matters re: 17-054408 and draft follow up correspondence to Scott Harris with legal research 0.70 09/27/2017 TAD Meet and confer with City re: status of litigation and review of property Page 619 of 1037 CITY OF BOYNTON BEACH Litigation Miscellaneous 09/29/2017 ACCOUNT NO STATEMENT NO damage claims and settlements. Confer with City representatives re: contract documents. Receipt of correspondence and report re: property damage claim. JAC Review forfeiture issue and discuss with BJS; research re: same. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 4.30 $195.00 BRIAN J. SHERMAN 11.70 195.00 TRACEY A. DECARLO 6.40 195.00 Photocopies TOTAL EXPENSES THRU 09/30/2017 TOTAL CURRENT WORK BALANCE DUE HOURS 4.40 0.80 22.40 TOTAL $838.50 2,281.50 1,248.00 Page: 2 10/03/2017 306-9904950 17212 12.60 12.60 4,380.60 $4,380.60 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 620 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. HSBC Bank USA, N.A. (Murray, Paul and Willie Mae) 1205 West 24th, Riviera Beach, FL 09/25/2017 FLN Reviewed Plaintiffs Notice of Serving Clerk's Notice of Reassignment; discussed with staff. FOR CURRENT SERVICES RENDERED TIMEKEEPER FARAH L. NERETTE TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 0.30 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/03/2017 306-9904994 17213 HOURS 0.30 0.30 58.50 TOTAL $58.50 58.50 $58.50 Page 621 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. (Howell, Jeanette et. al.) vs. Deutsche Bank National Trust Company 2540 N. Seacrest Blvd, Boynton Beach, FL 33435 09/25/2017 FLN Reviewed Plaintiffs filing of Clerk's Notice of Reassignment. FOR CURRENT SERVICES RENDERED TIMEKEEPER FARAH L. NERETTE TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 0.10 0.10 RECAPITULATION HOURS HOURLY RATE TOTAL 0.10 $195.00 $19.50 Page: 1 10/03/2017 306-9905135 17214 19.50 19.50 $19.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 622 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. (Akyeshia C. Gums, et al.) vs. JPMorgan Chase Bank 2171 NW 1st Street, Boynton Beach, FL 33435 09/25/2017 FLN Reviewed Disbursement Order; relevant correspondence between property owner's representative and the court. FOR CURRENT SERVICES RENDERED TIMEKEEPER FARAH L. NERETTE TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/03/2017 306-9905138 17215 HOURS 0.30 0.30 58.50 TOTAL $58.50 58.50 $58.50 Page 623 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson ACCOUNT NO STATEMENT NO adv. The Bank of New York Mellon Trust Company, N.A. (White, Jack) HOURS 09/25/2017 FLN Reviewed Plaintiffs Motion for leave to amend and amended complaint. 0.60 FOR CURRENT SERVICES RENDERED 0.60 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 0.60 $195.00 $117.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 10/03/2017 306-9905188 17216 117.00 117.00 $117.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 624 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Bock, Sharon R., as Clerk & Comptroller for PBC 09/18/2017 FLN Reviewed file documents and notes and drafted detailed memo on case history to send out to City with surplus check. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE FARAH L. NERETTE 1.20 $195.00 Photocopies TOTAL EXPENSES THRU 09/30/2017 TOTAL CURRENT WORK BALANCE DUE Page: 1 10/03/2017 306-9905221 17217 HOURS 1.20 1.20 234.00 TOTAL $234.00 4.55 4.55 238.55 $238.55 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 625 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson ACCOUNT NO STATEMENT NO adv. Bock, Sharon R. (Corporate Professional Resources, LLC) HOURS 09/19/2017 SHB Receive and review Notice of Trial and Mediation order; discuss with JAC. Follow up re: City's pro rata share of proceeds. 0.60 09/22/2017 SHB Coordinate mediation with counsel of record. 0.30 09/28/2017 SHB Follow up re: mediation matters. 0.30 FOR CURRENT SERVICES RENDERED 1.20 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 1.20 $195.00 $234.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 10/03/2017 306-9905258 17218 234.00 $234.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 626 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905263 Boynton Beach FL 33425 STATEMENT NO: 17219 Attn: Lynn Swanson Town Square Development Photocopies 25.55 TOTAL EXPENSES THRU 09/30/2017 25.55 TOTAL CURRENT WORK 2,853.05 BALANCE DUE $2,853.05 Page 627 of 1037 HOURS 09/15/2017 DNT Review consent to assignment for Phase 1 services agreement. 0.80 JAC Review request for assignment; evaluate with LL and TH; call with CG re: same; conference call re: same. 2.20 09/20/2017 JAC Review for financing conf. 0.80 09/21/2017 JAC Revise consent and follow up calls re: same; review taxable value / use issue and research same. 2.50 09/22/2017 JAC Calls - follow up on consent to assignment. 0.90 09/25/2017 JAC Rework consent; review pending documents re: conf on financing. 1.70 09/26/2017 JAC Attend and follow up on financing issues. 2.50 09/28/2017 JAC Calls and rewrite consent to assignment. 2.20 09/29/2017 JAC Review response to consent draft; call to TH; prepare for agenda presentation. 0.90 FOR CURRENT SERVICES RENDERED 14.50 2,827.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 13.70 $195.00 $2,671.50 DAVID N. TOLCES 0.80 195.00 156.00 Photocopies 25.55 TOTAL EXPENSES THRU 09/30/2017 25.55 TOTAL CURRENT WORK 2,853.05 BALANCE DUE $2,853.05 Page 627 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Nationstar Mortgage, LLC (McBride, Cheryl) ACCOUNT NO STATEMENT NO 09/25/2017 FLN Reviewed Plaintiffs Notice of Serving Clerk's Notice of Reassignment. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE FARAH L. NERETTE 0.10 $195.00 TOTAL CURRENT WORK BALANCE DUE HOURS 0.10 0.10 TOTAL $19.50 Page: 1 10/03/2017 306-9905265 17220 19.50 19.50 $19.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 628 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. U.S. Bank Trust, N.A. (Luoto, Kaija) ACCOUNT NO STATEMENT NO 09/25/2017 FLN Reviewed Plaintiffs Notice of Serving Clerk's Notice of Reassignment; FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE FARAH L. NERETTE 0.10 $195.00 TOTAL CURRENT WORK BALANCE DUE HOURS 0.10 0.10 TOTAL $19.50 Page: 1 10/03/2017 306-9905271 17221 19.50 19.50 $19.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 629 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905274 Boynton Beach FL 33425 STATEMENT NO: 17222 Attn: Lynn Swanson adv.Deutsche Bank National Trust Company (Perlowitz, David) HOURS 09/25/2017 FLN Reviewed Motion for Default against Defendants Perlowitz (David, Shari, Lisa); Plam Beach Leisureville Comm. Assoc; Notice of Dropping unknown tenants as Defendant; Plaintiffs Affidavit of Non Military Service. 0.40 FLN Reviewed Plaintiffs Affidavit of Non Military Service, Motion for Default against various other parties and Notice of Dropping Party. 0.30 FOR CURRENT SERVICES RENDERED 0.70 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 0.70 $195.00 $136.50 TOTAL CURRENT WORK BALANCE DUE "I R).�u 136.50 $136.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 630 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Predelus, Love (HUD Complaint) HOURS 09/04/2017 SHB Follow up with City re: status of response to HUD request for documentation. 0.10 09/05/2017 SHB Follow up with staff re: documents responsive to HUD's second request. Discuss with JAC. Correspondence to HUD requesting extension of time due to Hurricane. Notify staff of extension of time. 1.00 09/06/2017 SHB Receive and review response from Rumpf re: documents responsive to HUD second request. 0.30 09/18/2017 JAC Review W. Cooper letter; follow up with SB. 0.30 SHB Receive correspondence from HUD re: revised response due date; notify City staff. 0.30 09/20/2017 SHB Receive and review documents provided by Rumpf in response to HUD request for additional information. Follow up with Rumpf and Mack. Assemble response to HUD. JAC Review records requested by HUD discuss case with SB. 09/22/2017 JAC Status review and supplemental response option. 09/25/2017 JAC Review status of charge and investigation. 09/27/2017 SHB Receive and review request from Cooper for Rumpf interview; discuss with JAC. Correspondence to Rumpf. Telephone conference with Rumpf; follow up with HUD re: availability for Rumpf interview. 09/29/2017 JAC Review, prepare and case status; conference with SHB. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 3.00 $195.00 SHANA H. BRIDGEMAN 5.50 195.00 Page: 1 10/03/2017 306-9905275 17223 2.30 0.90 0.30 0.30 1.50 1.20 8.50 1,657.50 TOTAL $585.00 1,072.50 Page 631 of 1037 CITY OF BOYNTON BEACH adv. Predelus, Love (HUD Complaint) Photocopies TOTAL EXPENSES THRU 09/30/2017 TOTAL CURRENT WORK BALANCE DUE Page: 2 10/03/2017 ACCOUNT NO: 306-9905275 STATEMENT NO: 17223 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 20.65 20.65 1,678.15 $1,678.15 Page 632 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Po Ying Sem, Trustee of the Po Ying Sem Trust (Stanley, Edmund) ACCOUNT NO STATEMENT NO 09/19/2017 FLN Finalized research re: utility liens and foreclosure in light of Ober decision 09/20/2017 FLN Completed and file Answer and Affirmative Defenses. 09/21/2017 JAC Review City Attorney Affirmative Defense and documents; review case strategy issues. FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF FARAH L. NERETTE TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $195.00 2.50 195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/03/2017 306-9905279 17224 HOURS 1.50 1.00 0.30 2.80 546.00 TOTAL $58.50 487.50 546.00 $546.00 Page 633 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. The Bank of New York Mellon F/K/A The Bank of NY (Henry, Ivey A/K/A Henry, Ivey Y.) 09/13/2017 FLN Reviewed summons and complaint; drafted answer and affirmative defenses. 09/19/2017 FLN Reviewed Answer and Affirmative Defenses before efiling. 09/29/2017 JAC Review pleadings and case status. FOR CURRENT SERVICES RENDERED ACCOUNT NO STATEMENT NO RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 0.40 $195.00 FARAH L. NERETTE 2.30 195.00 Photocopies TOTAL EXPENSES THRU 09/30/2017 TOTAL CURRENT WORK BALANCE DUE Page: 1 10/03/2017 306-9905286 17225 HOURS 2.00 0.30 0.40 2.70 526.50 TOTAL $78.00 448.50 0.70 0.70 527.20 $527.20 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 634 of 1037 Goren, Cherof, Doody & Ezrol, P.A. - September 2017 Risk Cases Andrews, Spencer (BBPD Employees) 0.00 Kimsey, Erin (MVA) 58.50 Ford, Sharron(Negligence arrest) 58.50 Laster, Torami(Slip & Fall) 0.00 Mina, German (Slip & Fall) 117.00 Gregory, Mola (Slip & Fall) 1,081.40 Yesnick, Christopher (arrest) 0.00 Robinson, Bennie(False Arrest) 3,606.05 Galindez, Dennis(Slip & Fall) 928.50 Caliskan, Hasan(MVA) 12,941.20 Jenkins, Gail & Leon(Demolition) 1,228.40 Venegas, Jesusa 0.00 Blutcher, Pamela (MVA) 1,162.50 Goldman, Barry(Bike/grate accident) 1,475.55 Braswell, Jeff rey(Excessive Force) 0.00 Jackson-Evancich, Deborah 0.00 Broberg, Leif Complaint(2015) 58.50 Dunn, Jonathan(arrest w/o probable) 0.00 Wade, George(auto accident) 2,913.70 Davila, Danielle (police) 39.00 Coupet, Kenson (Parent of child injured) 663.00 Shevlin, Patrick(false arrest) 58.50 Ryan, Rona Id(whistleblower) 64.00 Readon, Jayden, Estate of (police chase) 1,326.00 Robling, Aaron(police) 1,827.00 Freeney, James (bike accident) 0.00 Victoria Fire & Casualty(George Wade) 0.00 Clemens, Jennifer (Personal Injury) 136.50 Bolt, Barbara Dilger (MVA) 0.00 Salazar, Gina (MVA) 312.00 Estime, Job (Police -Defamation) 175.50 Garber M.D. Harvey (excessive force) 0.00 TOTAL Goren,Cherof Risk Legal Costs 30,231.30 Page 635 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Ford, Sharron (negligence arrest) Billing Category 18-RLO 09/27/2017 TAD Receipt and review of notice of hearing on motion to withdraw and motion to withdraw. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/03/2017 306-9905029 17181 HOURS 0.30 0.30 58.50 TOTAL $58.50 58.50 $58.50 Page 636 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Mina, German (slip & Fall) Billing Category: 18-RLO Claim #001470 -000340 -GB -01 HOURS 09/06/2017 TAD Receipt and review of correspondence from adjuster re: status and prepare response to same. 0.20 09/14/2017 TAD Extended telephone conference with Plaintiff counsel re: motion to set trial and settlement issues. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.60 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/03/2017 306-9905062 17182 0.40 0.60 117.00 TOTAL $117.00 117.00 $117.00 Page 637 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Kimsey, Erin (MVA) Billing Category 18-RLO Claim #001470 -000228 -AB -01 09/22/2017 JAC Review amended complaint. FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 0.30 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/03/2017 306-9905064 17183 HOURS 0.30 0.30 58.50 TOTAL $58.50 58.50 $58.50 Page 638 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905066 Boynton Beach FL 33425 STATEMENT NO: 17184 Attn: Lynn Swanson adv. Gregory, Mola (slip & fall) Billing Category: 18-RLO Claim #001470 -000341 -GB -01 HOURS 09/01/2017 IR Finalized Mediation binder for use on September 11, 2017 and Case Management Conference hearing binder for use on September 15, 2017; reviewed and updated discovery pending list. 1.30 09/06/2017 TAD Receipt and review of correspondence from plaintiff re: mediation and prepare response to same. Telephone conference with City re: status. Confer with mediator re: mediation. 0.30 09/14/2017 TAD Telephone call to judicial assistant re: case management conference. Receipt of correspondence from plaintiff counsel re: conference issues and prepare response to same. 0.50 09/15/2017 TAD Attend case management conference. Prepare order on conference. Prepare correspondence to plaintiff counsel re: conference and order. 2.50 09/18/2017 TAD Receipt and review of order on case management conference . Receipt of correspondence from plaintiff counsel re: status. Receipt of correspondence from plaintiff re: mediation. 0.40 IR Receipt and review of Order Setting Jury Trial and Directing Pretrial and Mediation Procedures; initial preparation of trial order outline, that lists all deadlines entered by the Court, along with a countdown listing of days 120 down to the day before trial commences. 0.80 09/20/2017 IR Receipt and initial review of medical records received from John Calvanese, D.C., pursuant to the City of Boynton Beach's subpoena duces tecum. 0.30 09/22/2017 TAD Receipt and review of order setting trial. Prepare correspondence to City re: same. 0.30 FOR CURRENT SERVICES RENDERED 6.40 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 2.40 $125.00 $300.00 1,080.00 Page 639 of 1037 Page: 2 CITY OF BOYNTON BEACH 10/03/2017 ACCOUNT NO: 306-9905066 STATEMENT NO: 17184 adv. Gregory, Mola (slip & fall) TIMEKEEPER TRACEY A. DECARLO Photocopies TOTAL EXPENSES THRU 09/30/2017 TOTAL CURRENT WORK BALANCE DUE HOURS HOURLY RATE 4.00 195.00 1.40 1.40 1,081.40 $1,081.40 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 640 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Oldham, Dana (fall) Billing Category 18-RLO Claim #001470 -000346 -GB -01 09/01/2017 TAD Receipt and review of correspondence from adjuster re: status and prepare response to same. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/03/2017 306-9905069 17185 HOURS 0.30 0.30 58.50 TOTAL $58.50 58.50 $58.50 Page 641 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905073 Boynton Beach FL 33425 STATEMENT NO: 17186 Attn: Lynn Swanson adv. Robinson, Bennie (false arrest) Billing Category 18-RLO Claim #001470 -000336 -GB -01 HOURS 09/05/2017 TAD Receipt of correspondence from Harris counsel re: Mills depositions and prepare response to same. 0.30 09/06/2017 TAD Receipt and review of correspondence from Harris counsel and Plaintiff re: motion for extension of time. Receipt of motion for extension of time. 0.40 09/14/2017 TAD Receipt of correspondence re: Mills deposition and prepare response to same. Prepare correspondence to Harris counsel re: motion for extension of time and motions and receipt of response to same. 0.30 09/15/2017 TAD Receipt of correspondence from Harris re: depositions and motions and prepare response to same. 0.30 09/18/2017 TAD Receipt and review of correspondence re: deposition of mills from adjuster and from City and prepare response to same. Receipt and review of deposition of Harris. Review deposition of plaintiff. Review case law re: memo of law supporting motion for summary judgment. Prepare correspondence to Harris counsel re: Valentine depositions. Receipt of correspondence from Harris counsel re: trial issues. 5.60 09/19/2017 TAD Draft motion for summary judgment and memorandum of law. Draft statement of material facts. Receipt of Valentine deposition and review same re: motion. Review additional case law re:memorandum of law. 4.80 09/25/2017 TAD Receipt and review of correspondence from Harris counsel re: Mills conference and deposition. Revise statement of material facts to include additional deposition testimony. Revise motion for summary judgment to include additional deposition information. Review additional case law re: summary judgment issues. 3.40 09/27/2017 TAD Telephone conference with Harris counsel re: motions. Prepare correspondence re: motion for summary judgment. Revise statement of material facts and prepare exhibits for motion. 1.30 Page 642 of 1037 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO adv. Robinson, Bennie (false arrest) 09/29/2017 TAD Receipt and review of correspondence from Harris counsel re: motion for summary judgment. Review motion and statement of material facts. Review deposition testimony of Valentine re: revisions to motion. Revise City's motion for summary judgment to include additional arguments. Prepare correspondence to City re: motions. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TRACEY A. DECARLO 18.20 $195.00 Photocopies TOTAL EXPENSES THRU 09/30/2017 TOTAL CURRENT WORK BALANCE DUE Page: 2 10/03/2017 306-9905073 17186 HOURS 1.80 18.20 3,549.00 TOTAL $3,549.00 57.05 57.05 3,606.05 $3,606.05 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 643 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905083 Boynton Beach FL 33425 STATEMENT NO: 17187 Attn: Lynn Swanson adv. Galindez, Dennis (slip & fall) Billing Category: 18-RLO Claim #001470 -000330 -GB -01 HOURS 09/06/2017 TAD Receipt and review of correspondence from adjuster re: reserves and status. Receipt of correspondence from Plaintiff re: LePage issues and information from doctor. Receipt of interrogatories and request for production to City. Prepare correspondence to City public works re: documents requested. Prepare correspondence to police department re: information on entry requested. Prepare correspondence to human resources re: records requested. Prepare draft responses and objections to request for production. Prepare objections to interrogatories. 3.50 09/15/2017 IR Receipt, review and preparation of ticklers pertaining to Plaintiffs Eighth Request for Production and Interrogatories, directed to the City [in advance of Hurricane Irma, as courts were issuing closures], propounded on 9.6.17; review of court docket and our discovery and compared with the Court's trial order entered 8.29.17, that rolled trial deadlines into 2018. 0.80 09/18/2017 IR Conference regarding trial preparation and latest set of written discovery propounded by the Plaintiffs; retrieval of online docket and reviewed same; prepared subsequent ticklers to receive records from client and our initial draft of responses and/or objections to Plaintiffs 8th Request for Production and accompanying Interrogatories. 0.70 TAD Receipt and review of correspondence from City re: work orders and prepare response to same. 0.30 FOR CURRENT SERVICES RENDERED 5.30 928.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 1.50 $125.00 $187.50 TRACEY A. DECARLO 3.80 195.00 741.00 TOTAL CURRENT WORK 928.50 Page 644 of 1037 CITY OF BOYNTON BEACH adv. Galindez, Dennis (slip & fall) BALANCE DUE Page: 2 10/03/2017 ACCOUNT NO: 306-9905083 STATEMENT NO: 17187 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE $928.50 Page 645 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905092 Boynton Beach FL 33425 STATEMENT NO: 17188 Attn: Lynn Swanson adv. Caliskan, Hasan (MVA) Billing Category: 18-RLO Claim #001470 -000354 -AB -02 HOURS 09/05/2017 IR Continued preparation of trial work; updated list of records custodians expected to testify at trial; preparation of Unilateral Pretrial Stipulation, following the Court's March 30, 2017 ORder Re -Setting Case for Jury Trial; 2.30 TAD Attend deposition of Offlease. (deponent did not appear) Confer with Plaintiffs counsel re: settlement issues. Receipt of certificate of non-appearance. Receipt of correspondence re: response to subpoena from Braman. Receipt of records received from Braman re: response to subpoena. 5.20 09/06/2017 IR Conferences with TAD regarding deposition earlier this week, Plaintiffs pretrial disclosures [not filed] and prior co -plaintiffs [wife] dismissal of her claims against the City; telephone conference with Officer Gorfido; preparation of tickler regarding preparation and pre-trial conferences with the City's anticipated trial witnesses; update of pretrial projects list, post Hurricane Irma. 1.30 TAD Receipt and review of correspondence from Friedman re: deposition and prepare response to same. Prepare notice of cancellation. Prepare correspondence to plaintiff re: deposition of Chang. Receipt of correspondence from process server re: service on plaintiffs employers. Telephone conference with off lease re: response to subpoena. 1.30 09/14/2017 IR Online searches for Plaintiffs trial disclosures, due on July 24, 2017 [Exhibit and Witness Lists], rebuttal witness list [due 8.3.17] and for the Pretrial Stipulation [due on September 5, 2017]; conference with TAD regarding same and other trial preparation; check online official records book from Palm Beach County and Sezen's dismissal still not recorded, despite Sezen's settlement. 1.20 TAD Begin preparation of jury instructions and verdict form. Review case law re: same. 2.80 09/15/2017 IR Continuation with trial preparation; trial preparation meeting with TAD regarding additional discovery, trial witnesses and possibility of Trial Graphix Power Point presentation to be utilized at trial; online searches on Palm Beach Circuit Court's docket check, to ascertain if Co -Plaintiff filed Page 646 of 1037 Page: 2 CITY OF BOYNTON BEACH 10/03/2017 ACCOUNT NO: 306-9905092 STATEMENT NO: 17188 adv. Caliskan, Hasan (MVA) HOURS dismissal [Wife] and status of Husband's trial disclosures [past due]; updated litigation Team with our information regarding our anticipated trial witnesses [post Hurricane Irma]. review of the Court's online trial listing, through the end of our trial period. 3.20 TAD Continue preparation of trial jury instructions and verdict form. 0.90 TAD Review trial order. Confer with IVR re: trial preparation and status of depositions. Prepare correspondence to plaintiff counsel re: resetting depositions. Prepare correspondence to Friedman and Chang re: resetting depositions. 0.80 09/18/2017 IR Continuation of the City's trial preparation, in an effort to prepare for the Calendar Call is scheduled for Friday September 22, 2017; reviewed trial calendar and outline of same, specifically regarding discovery cut-ff deadline of September 12, 2017; reviewed and update to the City's trial exhibits, as subpoena responsive records received from Braman Mini Cooper; updated trial tracking chart with pertinent information listed in Plaintiffs former employer's records; telephone conference with trial witnesses regarding dates of unavailability, in advance of the Court's [live hearing] Calendar Call. 4.20 TAD Review trial exhibits re: trial order of proof and trial preparation. Prepare correspondence to witnesses re: depositions and receipt of responses to same. Prepare correspondence to plaintiff re: depositions. 1.30 09/19/2017 IR Continuation of trial preparation; numerous telephone conferences with trial witnesses; retrieved Palm Beach County court docket sheet, to confirm Plaintiff still had not submitted court-ordered trial disclosures; telephone conference with Plaintiffs paralegal regarding status of Notice of Voluntary Dismissal, from May 12, 2017 acceptance of the City of Boynton Beach's offer; received Plaintiffs Trial Fact Witness, Trial Expert Witnesses and Trial Exhibits Disclosures [due on 7.24.17]; conferences with TAD regarding continued trial preparation, which included update of phone conferences this date and preparations of trial witness depositions in advance. 6.20 TAD Prepare revisions to jury instructions. Prepare proposed verdict form. Prepare correspondence to plaintiff re: continuance. Receipt of correspondence from plaintiff re: continuance. Receipt of plaintiffs exhibit and witness list. Prepare correspondence to Dr. Chang re: deposition. Review deposition of plaintiff and prepare outline of trial cross. 3.50 09/20/2017 IR Numerous telephone conferences to the City's trial witnesses, including preparation of emails to litigation Team, regarding trial availability in advance of this Friday's Calendar Call, live hearing on Friday September 22, 2017; updated City's Trial Witness Tracking Chart; review and continued preparation of trial exhibits, which includes notations of expected records custodian witnesses, to authenticate trial exhibits / records; preparation of ticklers to follow up with witnesses not heard from, before calendar call; initial draft of the City's Motion to Strike Plaintiffs untimely filed trial disclosures and extensive, in depth review of pleadings, online court docket entries and follow up conferences with TAD [included email of motion drafts]. 7.00 TAD Review motion to strike and edit same. Review court order re: filing deadlines and for calendar call. Receipt of correspondence from plaintiff re: trial setting. Receipt of proposed pre-trial stipulation from plaintiff. 0.90 Page 647 of 1037 Page: 3 CITY OF BOYNTON BEACH 10/03/2017 ACCOUNT NO: 306-9905092 STATEMENT NO: 17188 adv. Caliskan, Hasan (MVA) HOURS JAC Review pretrial stipulation and discuss case settlement options with TD. 0.50 09/21/2017 IR Continuation of trial preparation; received email of request for dates from OffLeaseOnly.com, for employment records of Hasan Caliskan for live deposition of its Corporate Representative, to be scheduled on or before the commencement of trial; prepared emails to contacts at Plaintiffs employer, OffLeaseOnly regarding deposition dates, calendar call and other relevant information; reviewed finalized and filed in the Court docket, the City's Motion to Strike the Plaintiffs trial disclosures [received 9.19.17]; revised Trial Notebook for use at Calendar Call hearing on Friday September 22, 2017; TAD and IVR telephone conference with law enforcement trial witnesses [and prepared follow-up ticklers for other trial witnesses]. 2.60 TAD Receipt and review of motion in opposition to motion to strike and affidavits in support of same. 0.40 JAC Case status review. 0.40 09/22/2017 IR Reviewed and revised the City of Boynton Beach's Trial Notebook, supplementing with the Plaintiffs past due trial disclosures, dated 9.19.17; conferences with TAD regarding the status of the Court's ruling at Calendar Call this date; continue to retrieve and organize trial exhibits following Plaintiffs trial disclosures; conferences with JAC regarding extensive research specifically pertaining to Plaintiff, for use during direct or cross-examination at trial. 4.90 TAD Attend calendar call for case. Confer with plaintiff counsel re: trial issues and settlement issues. Prepare notice of filing returns of service. Receipt of notice of voluntary dismissal of Sezen. Revise pre-trial report re: additional information on trial. 4.30 JAC Review status report with TD. 0.30 09/25/2017 IR Continuation of trial preparation, after [live hearing] Calendar Call on September 22, 2017; prepared emails to the City's various trial witnesses, for trial preparation that would includes, various expected testimony at trial; preparation of trial witness and trial exhibits folders, of the Plaintiffs recently filed disclosures, which include cross-reference with the City's trial witnesses and trial exhibits; prepared email regarding Plaintiffs trial disclosures of new material, not produced or otherwise exchanged during the discovery phase of litigation [marked as objectionable materials and listings, to be heard in advance of the trial]. 2.90 TAD Revise pre-trial report and budget. Revise jury instructions. Review case law re: issue of permanency for conference with adjuster re: deposition. Prepare correspondence to Friedman re: deposition. Telephone conference with judicial assistant re: trial order. Receipt of order resetting trial. Prepare correspondence to City re: status of claim. 1.30 09/26/2017 IR Review of outstanding subpoenas duces tecum; research online and telephone conference with AT&T Mobility LLC National Compliance Center for records past due; prepared update status email to team, update Trial Witness Tracking chart and tickler to receive by October 10, 2017, per representative at AT&T; continuation os trial preparation and emails with physicians' office regarding witness preparation; continuation of trial preparation and witness files prepared, pursuant to Plaintiffs disclosures filed with the court on September 19, 2017; online retrieval of court docket Page 648 of 1037 Page: 4 CITY OF BOYNTON BEACH 10/03/2017 ACCOUNT NO: 306-9905092 STATEMENT NO: 17188 adv. Caliskan, Hasan (MVA) HOURS [states the case has been closed, mistakenly from voluntary dismissal of Seher Sezen and interoffice conference regarding same]; telephone call to counsel for Plaintiff regarding available dates to continue with discovery, prior to the deadline, in compliance with the Court's Order, prior to November through December, 2017; continued updates to the City of Boynton Beach's Trial Witness Tracking chart. 3.10 09/27/2017 IR Reviewed emails regarding physicians depositions set for deposition, in advance of the trial period; online court docket searches, as well as online trial calendar searches of JUdge Edward L. Artau's trial calendar, during our revised trial dates in 2017; preparation of email to City's litigation team regarding same; conferences with TAD regarding trial preparation and potential demonstrative evidence, for use at trial; received and prepared emails with Trial Graphix personnel regarding conference with the City's litigation team and their team; preparation for meeting with Trial Graphix on October 2, 2017 with specific items needed to create demonstrative evidence for use at trial; extensive review of two days surveillance with notes for use at trial. 3.40 TAD Receipt and review of plaintiff medical records and CME and prepare fro deposition of Dr. Friedman. Review medical information on line re: testing and results for deposition. 1.60 09/28/2017 IR Continuation of preparation of trial witness depositions [live appearances]; continued revisions to Trial Order Outlines, with latest cut-off dates, pursuant to the Court's 9.25.17 Court Order; prepared numerous emails with trial witnesses and opposing counsel in order to accomplish before calendar call; receipt and review of Order Re -Setting Calendar Call Date Only entered by the Court this date; organized trial witnesses, including records custodians who are expected to produce records, in advance of trial; continued communications regarding deposition and other expected trial testimony; continuation of preparation; updated Trial Witness Tracking charts with revised, new dates and contact information [and also dates of unavailability for trial, following the latest court order];reviewed notes from initial telephone conferences with AT&T regarding status of Plaintiffs cell phone number and 30 days worth of records, pursuant to the City's subpoena duces tecum for same; telephone conferences with AT&T Mobility, LLC National Compliance Center; prepared email as follow up and prepared second tickler to receive records, to be utilized as trial exhibits. 6.10 TAD Attend deposition of Dr.Friedman. Confer with plaintiff counsel re: settlement offer. Confer with City re: offer. 4.80 09/29/2017 IR Receipt, review and responded to emails regarding additional depositions [opposing counsel requesting of our witnesses]; continuation of draft emails to trial witnesses [City witnesses, insurance advisors and medical providers], for deposition testimony, in advance of the trial; finalized our preparation, including tagged areas of surveillance on DVD for use at TAD and my pretrial conference with Trial Graphix October 2, 2017. 3.70 TAD Receipt and review of correspondence from plaintiff re: depositions and trial and prepare response to same. Receipt of additional treatment records from Dr. Friedman. 1.30 FOR CURRENT SERVICES RENDERED 83.70 12,674.50 Page 649 of 1037 Page: 5 CITY OF BOYNTON BEACH 10/03/2017 ACCOUNT NO: 306-9905092 STATEMENT NO: 17188 adv. Caliskan, Hasan (MVA) RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.20 $195.00 $234.00 INGRID RIERA 52.10 125.00 6,512.50 TRACEY A. DECARLO 30.40 195.00 5,928.00 Color photocopies Photocopies TOTAL EXPENSES THRU 09/30/2017 TOTAL CURRENT WORK BALANCE DUE 1.05 265.65 266.70 12,941.20 $12,941.20 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 650 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905093 Boynton Beach FL 33425 STATEMENT NO: 17189 Attn: Lynn Swanson adv. Jenkins, Gail and Leon (Demolition) Billing Code: 18-RLO Claim #001470 -000382 -GD -01 HOURS 09/07/2017 TAD Receipt and review of documents from the City re: response to request for production. Revise response. Review discovery from plaintiff re: status. Review requests for records and prepare correspondence to plaintiff re: depositions and response to requests. 2.70 09/14/2017 TAD Telephone call with judicial assistant re: case management conference. 0.20 09/15/2017 TAD Review plaintiffs documents and discovery responses and information on status of depositions re: case management conference. Attend case management conference. Confer with MERS counsel re: third party claim. Prepare order on conference. Confer with Plaintiff counsel re: discovery and amendment. 2.70 09/18/2017 TAD Receipt and review of order on case management conference. Prepare correspondence to City re: same. Prepare correspondence to plaintiff counsel re: discovery issues. 0.50 IR Receipt and review of Plaintiffs court filing and prepared tickler to follow up with list of outstanding discovery, case status [post Case Management Conference hearing on September 15, 2017]. 0.30 FOR CURRENT SERVICES RENDERED 6.40 1,227.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.30 $125.00 $37.50 TRACEY A. DECARLO 6.10 195.00 1,189.50 Photocopies 1.40 TOTAL EXPENSES THRU 09/30/2017 1.40 Page 651 of 1037 CITY OF BOYNTON BEACH adv. Jenkins, Gail and Leon (Demolition) TOTAL CURRENT WORK BALANCE DUE Page: 2 10/03/2017 ACCOUNT NO: 306-9905093 STATEMENT NO: 17189 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 1,228.40 $1,228.40 Page 652 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905102 Boynton Beach FL 33425 STATEMENT NO: 17190 Attn: Lynn Swanson adv. Blutcher, Pamela (MVA) Billing Category - 18RLO Claim #001470 -000369 -AB -01 HOURS 09/01/2017 IR Receipt, review and prepared summaries and files for over eleven additional medical providers, including voluminous medical records, from variously dated admissions; updated Trial Witness Tracking chart, duly noting compliance with subpoenas duces tecum [total of 27 subpoenas were issued; telephone conference with CIOX regarding records from Bethesda East Hospital and preparation of tickler to follow up with same; 5.40 09/05/2017 IR Review and preparation of files pertaining to records received from numerous entities' responses to Subpoenas Duces Tecum; preparation of tracking information, whether records received, or were no longer available; 1.20 09/06/2017 IR Preparation of list for subsequent subpoenas duces tecum; marked relevant portions of medical records and initial summaries to medical records from Orthopaedic Surgery Associates [with multiple physician notes prepared by Charlton E. Stucken, MD. who performed surgery of Plaintiffs left shoulder arthroscopy and Bursectomy]; additional preparation of subsequent providers, both medical and non-medical; finalized preparation of received responses to the City's 27 sets of subpoenas duce tecum and tracking of same. 2.70 FOR CURRENT SERVICES RENDERED 9.30 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 9.30 $125.00 $1,162.50 TOTAL CURRENT WORK BALANCE DUE 1,162.50 1,162.50 $1,162.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 653 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905111 Boynton Beach FL 33425 STATEMENT NO: 17191 Attn: Lynn Swanson adv. Goldman, Barry (bike/grate accident) Billing Category: 18-RLO Claim #001470 -000373 -GB -01 09/28/2017 TAD Receipt and review of correspondence re: deposition. Prepare correspondence to plaintiff counsel re: calendar call and receipt of response to same. 0.30 09/29/2017 TAD Receipt and review of correspondence from plaintiff re: case law and hearing. Receipt of case law. Review case law and trial orders and prepare arguments for hearing on City's motion to strike. Telephone conference with Plaintiff counsel re: trial setting and motion. Receipt of correspondence from plaintiff counsel re: case management order and receipt of order. 2.10 FOR CURRENT SERVICES RENDERED 9.50 1,467.50 Page 654 of 1037 HOURS 09/20/2017 TAD Receipt and review of notice of deposition of Barr. Review plaintiff disclosure and information on witness. Prepare motion to strike and exclude. 1.30 09/21/2017 IR Finalized draft of the City of Boynton Beach's Motion to Strike Plaintiffs Notice of Deposition of Alexander Barr and to Exclude Witness from Trial; legal research pertaining to same; extension review and cross-reference of three [3] prior trial orders, as well as Plaintiffs various filed fact and expert witness[es] disclosures, as well as a review of Plaintiffs various discovery responses and Plaintiffs expert witness reports, and deposition exhibits, so as to ensure Plaintiffs potential [new] expert witness does not have any other affiliations to prior disclosed expert witnesses. 4.80 TAD Prepare correspondence to court re: motion to strike. Prepare notice of hearing on motion to strike. 0.30 09/27/2017 IR Online research of Palm Beach County Circuit court docket, regarding Alexander Barr, Plaintiffs new expert witness, and Plaintiffs Notice of Taking Deposition on October 9, 2017, filed; 0.70 09/28/2017 TAD Receipt and review of correspondence re: deposition. Prepare correspondence to plaintiff counsel re: calendar call and receipt of response to same. 0.30 09/29/2017 TAD Receipt and review of correspondence from plaintiff re: case law and hearing. Receipt of case law. Review case law and trial orders and prepare arguments for hearing on City's motion to strike. Telephone conference with Plaintiff counsel re: trial setting and motion. Receipt of correspondence from plaintiff counsel re: case management order and receipt of order. 2.10 FOR CURRENT SERVICES RENDERED 9.50 1,467.50 Page 654 of 1037 Page: 2 CITY OF BOYNTON BEACH 10/03/2017 ACCOUNT NO: 306-9905111 STATEMENT NO: 17191 adv. Goldman, Barry (bike/grate accident) RECAPITULATION TIMEKEEPER INGRID RIERA TRACEY A. DECARLO Photocopies TOTAL EXPENSES THRU 09/30/2017 TOTAL CURRENT WORK BALANCE DUE HOURS HOURLY RATE TOTAL 5.50 $125.00 $687.50 4.00 195.00 780.00 8.05 8.05 1,475.55 $1,475.55 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 655 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson Broberg, Leif Complaint (2015) Billing Category: 18-RLO Claim #001470 -000390 -EP -01 09/27/2017 TAD Telephone conference with outside counsel re: information on Plaintiff request. Prepare correspondence to Plaintiff and to Chief Snow re: complaint. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 0.30 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/03/2017 306-9905124 17192 HOURS 0.30 0.30 58.50 TOTAL $58.50 58.50 $58.50 Page 656 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Wade, George (auto accident) Billing Category: 18-RLO Claim #001470 -000380 -AB -01 ACCOUNT NO STATEMENT NO HOURS 09/05/2017 IR Reviewed Trial Calendar and revised Trial Order Outlines with court ordered deadlines; continued to review and organize trial exhibits; 3.10 09/14/2017 IR Reviewed City's Trial Notebooks in this matter; initial review of Plaintiffs Trial Disclosure, filed this date; online retrieval of court docket, to ascertain whether any other new court filings received during pre and post Hurricane Irma [as courts were closed], and in an effort to prepare for trial, set by Judge French on August 7, 2017, for the trial period of 10.23.17 through 12.15.17. 0.40 TAD Receipt of plaintiff witness and exhibit list. Confer with IVR re: trial preparation issues. 0.50 JAC Review disclosures and follow up with TD. 0.20 09/15/2017 IR Continuation with trial preparation, that include revisions made to the City's Trial Notebook and to Jury Instructions Notebook; trial preparation meeting with TAD regarding additional discovery, trial witnesses; online searches of David French trial calendar from 10.23.17 through 12.15.17; reviewed, compared and contrasted Plaintiffs Witness, Expert Witness and Trial Exhibits Disclosure, filed with the court on 9.14.17 with Plaintiffs prior filed trial disclosures, from October 2016 to the trial disclosures filed on 9.14.17; 2.10 Page: 1 10/03/2017 306-9905132 17193 09/20/2017 TAD Receipt and review of correspondence from plaintiff physician re: deposition. Prepare correspondence to plaintiff re: discovery issues. 0.40 09/22/2017 IR Continuation of trial preparation and review of all the City of Boynton Beach's trial witness and and trial exhibits disclosures, in compliance with various trial orders; 1.90 TAD Receipt and review of correspondence from Dr. Friedman re: deposition Prepare correspondence to plaintiff re: issues with treating physician depositions and receipt of response to same. Prepare notice of deposition and subpoena to Dr. Kabinoff. Prepare notice of deposition and subpoena to Dr. Friedman. Receipt of correspondence from plaintiff re: pre-trial stipulation. Review proposed stipulation and prepare correspondence to plaintiff re: same. 0.90 Page 657 of 1037 Page: 2 CITY OF BOYNTON BEACH 10/03/2017 ACCOUNT NO: 306-9905132 STATEMENT NO: 17193 adv. Wade, George (auto accident) HOURS 09/25/2017 IR Receipt, review of emails and filings of physicians' depositions, with a mutual agreement to extend discovery [as a result of shortened time from Hurricane Irma, from original due date of October 3, 2017]; continued updates to the City of Boynton Beach's Trail Notebook, as well as Jury Instructions Trial Notebook. 2.20 TAD Receipt and review of correspondence from Dr. Friedman re: deposition issues and prepare response to same. Prepare correspondence to plaintiff re: depositions and receipt of response to same. Receipt of correspondence from Kabinoffre depositions and prepare correspondence to the City re: same. Receipt of correspondence from Dr. Rousch office re: deposition and prepare response to same. Confer with IVR re: status of trial preparation and docket information. 1.80 09/26/2017 IR Online review of court docket and review of pleadings, including each parties' various trial disclosures; telephone conference with opposing counsel regarding same; preparation of emails to City's trial team, regarding same; review of our subpoena to AT&T to ensure records received, or otherwise response received; continued preparation of trial witness folders, to include records relevant to each anticipated trial witness; continued preparation of Plaintiffs trial witnesses [same manner as the City's trial witnesses are organized], and prepared trial exhibits; telephone conference with counsel for Plaintiff regarding Joint Pretrial Stipulation regarding status of compliance with trial order; 3.40 09/27/2017 IR Online search of Judge David E. French's trial period that runs through the 8 -week trial period ending the week of October 23, 2017 through October 27, 2017 [next scheduled trial period commencing December 11, 2017 through February 2, 2018]; continued preparation of Plaintiff trial witness file [specifically regarding George Wade] cross-referencing Plaintiffs prior testimony, from November 8, 2016, prepared list of possible trial witnesses, not already disclosed; 1.30 TAD Receipt and review of correspondence re: pre-trial stipulation exhibits and review proposed stipulation. Prepare response to same. 0.30 09/29/2017 IR Receipt, review and confirmed Joint Pre -Trial Stipulation, to be filed with the Court this date is accurate and complete [due 9.25.17], pursuant to the Court's 8.7.17 ORder Setting Jury Trial and Directing Pretrial and Mediation Procedures; prepared tickler to receive confirmation from the Clerk of the Court in Palm Beach County when said Joint Stipulation is filed, for tracking purposes and to utilize in the City's Trial Notebook; continued update of the City of Boynton Beach's [main] Trial Notebook and Trial Notebook, specifically regarding Jury Instructions. 1.90 TAD Receipt and review of correspondence from plaintiff re: revisions to pre -trail stipulation. Receipt of revised stipulation. 0.30 FOR CURRENT SERVICES RENDERED 20.70 2,895.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.20 $195.00 $39.00 INGRID RIERA 16.30 125.00 2,037.50 Page 658 of 1037 Page: 3 CITY OF BOYNTON BEACH 10/03/2017 ACCOUNT NO: 306-9905132 STATEMENT NO: 17193 adv. Wade, George (auto accident) TIMEKEEPER TRACEY A. DECARLO Photocopies TOTAL EXPENSES THRU 09/30/2017 TOTAL CURRENT WORK BALANCE DUE HOURS HOURLY RATE 4.20 195.00 V I V.VV 18.20 18.20 2,913.70 $2,913.70 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 659 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905177 Boynton Beach FL 33425 STATEMENT NO: 17194 Attn: Lynn Swanson Davila, Danielle (Police) Billing Category: 18-RLO Claim #001470 -000393 -PP -01 HOURS 09/15/2017 TAD Receipt of correspondence from adjuster re: status. Receipt of correspondence from city re: same. 0.20 FOR CURRENT SERVICES RENDERED 0.20 39.00 TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE TOTAL 0.20 $195.00 $39.00 39.00 $39.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 660 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Shevlin, Patrick (false arrest) Billing Category: 18-RLO Claim #001470 -000395 -PP -01 09/07/2017 TAD Receipt and review of correspondence from plaintiff re: depositions and prepare correspondence to city re: same. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/03/2017 306-9905186 17195 HOURS 0.30 0.30 58.50 TOTAL $58.50 58.50 $58.50 Page 661 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Readon, Jayden, Estate of (police chase) Billing Category: 18-RLO Claim #001470 -000396 -AB -01 09/22/2017 TAD Receipt and review of current status of claims. Review status of criminal case. Review police reports and PBSO traffic homicide report re: report to adjuster. Prepare initial report and budget requested by carrier. 09/28/2017 TAD Review jury verdicts re: information on reported verdicts and settlements for report to adjuster. Revise report to include information on verdict range and settlement recommendations. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 6.80 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/03/2017 306-9905190 17196 HOURS 3.70 3.10 6.80 1,326.00 TOTAL $1,326.00 1,326.00 $1,326.00 Page 662 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905199 Boynton Beach FL 33425 STATEMENT NO: 17197 Attn: Lynn Swanson adv. Robling, Aaron (Police) Billing Category: 18 - RLO Claim #001470 -000403 -PP -01 HOURS 09/15/2017 TAD Receipt of plaintiffs complaint and initial discovery. 1.30 09/20/2017 TAD Receipt and review of claim notes re: status of claim. Telephone conference with adjuster re: claim information. Review complaint and discovery requests. 1.80 09/21/2017 TAD Prepare correspondence to City re:: employee information. Prepare correspondence to adjuster re: claim file. Prepare correspondence to City re: police records. Review case law re: claims and prepare motion to dismiss with supporting memorandum of law. 2.70 09/25/2017 IR Receipt and review of court filed Motion to Dismiss; retrieved and reviewed online court docket, which includes discovery propounded by each party to the other and preparation of ticklers for the City of Boynton Beach's responses [which responses include objections thereto]. 0.60 TAD Receipt and review of interrogatories to the City. Prepare draft answers and objections to same. Receipt of request for production to City and prepare responses and objections to same. Receipt of request for admissions to City and prepare responses to same. Prepare privilege log. 2.80 09/27/2017 IR Online search of court docket, including recent filings; reviewed discovery propounded upon City of Boynton Beach and preparation of ticklers to follow up with the client. 0.60 FOR CURRENT SERVICES RENDERED 9.80 1,827.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 1.20 $125.00 $150.00 TRACEY A. DECARLO 8.60 195.00 1,677.00 TOTAL CURRENT WORK 1,827.00 Page 663 of 1037 CITY OF BOYNTON BEACH adv. Robling, Aaron (Police) BALANCE DUE Page: 2 10/03/2017 ACCOUNT NO: 306-9905199 STATEMENT NO: 17197 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE $1,827.00 Page 664 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Coupet, Kenson (parent of child injured) Billing Category: 18 - RLO Claim #001470 -000405 -GB -01 ACCOUNT NO STATEMENT NO TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/03/2017 306-9905213 17198 663.00 $663.00 Page 665 of 1037 HOURS 09/01/2017 TAD Receipt and review of plaintiffs responses to request for production. Review records produced. 2.80 09/06/2017 TAD Receipt and review of correspondence from plaintiff re: response to request for production. 0.10 09/07/2017 TAD Receipt and review of plaintiffs answers to interrogatories and parents answers. 0.40 09/27/2017 TAD Receipt and review of certificate of no objection to non-party subpoenas. 0.10 FOR CURRENT SERVICES RENDERED 3.40 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 3.40 $195.00 $663.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/03/2017 306-9905213 17198 663.00 $663.00 Page 665 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Ryan, Ronald (whistleblower PD) Billing Category: 18 - RLO Claim #001470 -000410 -EP -01 08/15/2017 TAD Receipt and review of correspondence re: status. Receipt of correspondence from excess adjuster re: claim information. 09/29/2017 IR Reviewed tickler to retrieve the online court docket, to ensure no recent discovery requests were filed; revised tickler to follow up again on 10.13.17 FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE INGRID RIERA 0.20 $125.00 TRACEY A. DECARLO 0.20 195.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/03/2017 306-9905216 17199 HOURS 0.20 0.20 0.40 64.00 TOTAL $25.00 39.00 64.00 $64.00 Page 666 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Clemens, Jennifer ( Personal Injury) Billing Category: 18 - RLO Claim #001470 -000417 -GB -01 09/19/2017 TAD Receipt and review of correspondence from FPL counsel re: discovery. Review city records and prepare response to same. 09/22/2017 TAD Receipt and review of correspondence from FPL counsel and privilege log FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.70 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/03/2017 306-9905237 17200 HOURS 0.40 0.30 0.70 136.50 TOTAL $136.50 136.50 $136.50 Page 667 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Salazar, Gina and Pacheco, Fredy (MVA) Billing Category: 18 - RLO Claim #001470 -000418 -AB -01 09/06/2017 TAD Receipt and review of demand package from plaintiff including demand letter and medical/damage information. 09/27/2017 TAD Receipt and review of correspondence re: settlement demand. Receipt of correspondence from City re: settlement authority. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.60 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/03/2017 306-9905239 17201 HOURS 1.30 0.30 1.60 312.00 TOTAL $312.00 312.00 $312.00 Page 668 of 1037 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson Estime, Job (Police -Defamation Claim) Billing Category: 18 - RLO Claim #001470 -000428 -PP -01 08/17/2017 TAD Receipt and review of correspondence from claimant counsel re: response to demand. 09/06/2017 TAD Receipt and review of counteroffer from claimant. Prepare correspondence to city re: same. 09/18/2017 TAD Receipt and review of correspondence from adjuster re: status of claim and prepare response to same. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TRACEY A. DECARLO 0.90 $195.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/03/2017 306-9905281 17202 HOURS 0.20 0.40 0.30 0.90 175.50 TOTAL $175.50 175.50 $175.50 Page 669 of 1037 Risk -Outside Counsel Robert C Okon, P.A. Harris v City, Martinez 0.00 Lewis, Stroud & Deutsch, PL Hill v City 0.00 Harris v City 0.00 0.00 Roberts, Reynolds, Bedard & Tuzzio, PLLC-Aug 2017 Yesnick v City 0.00 Braswell v City 0.00 Boynton Old School v City 4,884.00 Andrews v Haugh 899.00 Hill v City 0.00 Kimsey v City & Brooks 0.00 Harris v City 0.00 Broberg v City 7,232.53 13,015.53 TOTAL August 2017 Outside Counsel - Risk 13,015.53 Page 670 of 1037 ROBERTS, BEDARD & 470 Columbia IF West Palm Beach, d.#, Telephone(561)688-6560 Tax ID No. Flt+;6 City of Boynton Beach September 15, 2017 Attn: claimsbbfl.us Bill No. 38348 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Boynton Old School v. Boynton Beach 13214 Claim #NIA BILL FOR FEES AND COSTS THROUGH 131117 Date Services Attorney Hours 08/02/17 Review, research, draft and revise argument on application of GPR1 5.50 precedential cases. 08/03/17 Review, research, draft and revise argument on GPR1 5.90 distinguishment of Fourth District cases and application of cases from other jurisdictions. 08/04/17 Review, research, draft and revise argument on application of GPR1 7.30 non -precedential cases cited by Appellee. 08/06/17 Review, research, draft and revise summary of argument and GPR1 3.70 conclusion. 08/06/17 Review, draft and finalize table of citations, table of contents GPR1 6.20 and edit brief for syntax and punctuation.. 08/07/17 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Appellee City of Boynton Beach's Answer Brief. 08/22/17 Receipt and review of e-mail from David Sales, counsel for LHR 0.20 Plaintiff, re: request for 15 day extension for the Reply Brief. 08/22/17 Preparation of email response to David Sales, counsel for LHR 0.20 Plaintiff, re: no objection to request for 15 day extension for the Reply Brief. 08/23/17 Receipt and review of Appellant's Notice of Agreed Extension of LHR 0.20 Time to File Reply Brief. 08/28/17 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiff/Appellant's Notice of Agreed Extension of Time to File Reply Brief. Page 671 of 1037 Client: City of Boynton Beach September 15, 2017 Matter: 13214 - Boynton Old School v. Boynton Beach Page 2 PROFESSIONAL SERVICES SUMMARY •. Name Hours GPR1 George P. Roberts, Jr., Of Counsel 28.60 — -HR Lyman H. Reynolds, Jr., Partner 1.00 • Professional Services 29.60 CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Rate Amount 165.00 4,719.00 165.00 165.00 $4,884.00 Page 672 of 1037 to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number- 38348 Bill Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 4,884.00 3009� -5,329.50 4,884.00 0.00 Page 673 of 1037 D. September 16, 2017 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 13214 Matter Name: Boynton Old School v. Boynton Beach Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 4,884.00 3009� -5,329.50 4,884.00 0.00 Page 673 of 1037 ROBERTS, REYNOLDSf ! 470 Columbia West Palm Beach, i i 9 Telephone•1 Tax D No. 65-0004867 City of Boynton Beach September 19, 2017 Attn: claims@bbfl.us Bill No. 38483 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Kimsey v. Boynton Beach & Brooks 12364 Claim #NIA ILL FOR FEES AND COSTS THROUGH 08/31/17 Date Services rn 08/03/17 Correspondence to Julie Oldbury re: Motion to Dismiss or in the SAK 0.20 alternative for a more definite statement and Motion to Strike filed on behalf of the City. 08/03/17 Correspondence to Mr. Thomas re: City's Motion to Dismiss SAK 0.20 and inquiring if any issues can be resolved or if a hearing is required. 08/08/17 Multiple communications with Mr. Thomas re: hearing for City's DPC 0.30 Motion to Dismiss and conference to discuss resolving issues instead. 08/14/17 Communicate/Other Counsel communicate with other counsel; SAK 0.30 telephone call to counsel for the Plaintiff re: Defendant's Motion to Dismiss. 08/14/17 Communicate/Other Counsel correspondence to Plaintiffs SAK 0.10 counsel re issues with Motion to Dismiss and resolution without a hearing. 08/15/17 Communicate/Other Counsel correspondence to Plaintiffs SAK 0.10 counsel re proposed agreed order on Defendant's Motion to Dismiss. 08/16/17 Communicate/Other Counsel correspondence to Plaintiffs SAK 0.20 counsel re proposed changes to agreed order on Defendant's Motion to Dismiss. 08/24/17 Receipt and review of Plaintiffs Amended Complaint. DPC 0.50 08/25/17 Draft/Revise the Defendant's Answer and Affirmative Defense SAK 0.90 to Plaintiffs Second Amended Complaint. 08/25/17 Draft/Revise the Defendant's Second Motion to Strike. SAK 0.90 08/28/17 Preparation of Notice of Unavailability. DPC 0.10 Page 674 of 1037 Client. City of Boynton Beach Matter: 12364 - Kimsey v. Boynton Beach & Brooks PROFESSIONAL SERVICES Date Services PROFESSIONAL SERVICES SUMMARY Code Name Hours DPC Danna P. Clement, Partner 0.90 SAK Scott A. Kantor, Associate 2.90 Total Professional Services 3.80 SUB TOTAL Prepaid Funds Applied Prepaid Funds Remaining: $145.50 CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: r37.7 -fir -riff =.. Rate Amount 165.00 148.50 140.00 406-00 $554.50 554.50 -554.50 Page 675 of 1037 Please return this page with remittanc to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-1 01 West Palm Beach, Florida 33409 7NIFTM in, 7--TAMENE =. Bill Date: September 19, 2017 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 12364 Matter Name: Kimsey v. Boynton Beach & Brooks Total Professional Services Total Disbursements SUB TOTAL Prepaid Funds Applied Prepaid Funds Remaining: $145.50 CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE Page 676 of 1037 ROBERTS,• 470 Columbia Drive, Suite C-101 TelephoneWest Palm Beach, Florida 33409 (561)688-6560 ,_ ;D No. 65-0004867 City of Boynton Beach September 19, 2017 Attn: claims@bbfl.us BIII No. 38482 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Andrews v. Haugh et al. 12152 BILL • AND COSTS THROUGH08/31/17 Date Services orny Hours 08/10/17 Receipt and review of Plaintiffs Motion to Compel DPC 0.40 Interrogatories Answers from Connor Haugh and overrule objections. 08/10/17 Receipt and review of Plaintiffs Motion to Compel DPC 0.40 Interrogatories Answers from Vincent Haugh and overrule objections. 08/10/17 Receipt and review of Plaintiffs Amended Motion to Compel DPC 0.30 Interrogatories Answers from Vincent Haugh and overrule objections. 08/10/17 Receipt and review of Plaintiffs Motion to Compel DPC 0.30 Interrogatories Answers from Cooney and overrule objections. 08/16/17 Receipt and review of Plaintiffs Motion to Compel Better DPC 0.30 Responses to Request to Produce to Vincent Haugh. 08/16/17 Receipt and review of Plaintiffs Motion to Compel Better DPC 0.30 Responses to Request to Produce to Connor Haugh. 08/16/17 Receipt and review of Plaintiffs Motion to Compel Better DPC 0.30 Responses to Request to Produce to James Cooney. 08/22/17 Plan and Prepare for hearing on Court's Notice of AMP 1.20 Non -Prosecution and Motion to Dismiss. 08/23/17 Receipt and review of Court's Order on Lack of Prosecution. DPC 0.10 08/23/17 Preparation of Correspondence to Julie Oldbury re: trial and DPC 0.30 deadlines. 08/23/17 Appear For/Attend at hearing on Court's Notice of AMP 1.50 Non -Prosecution and Motion to Dismiss. 08/23/17 DraftlRevise correspondence to client summarizing hearing on AMP 0.40 Court's Notice of Non -Prosecution and Motion to Dismiss. Page 677 of 1037 Client: City of Boynton Beach Matter: 12152 - Andrews v. Haugh et a]. F!J :is] Date Services 08/25/17 Preparation of Notice of Unavailability. September 19, 2017 Page 2 Attorney Hours DPC 0.10 Code Name Hours Rate Amount AMP Aaron M. Papero, Associate 3.10 140-00 434.00 DPC Danna P. Clement, Partner 2.80 166-00 462.00 Total Professional Services 6.90 $896.00 191611 :111 Date Description 08/23/17 Travel PCC: attend hearing. Parking $3.00 - Aaron Papero Total Disbursements Payments & Adjustments: Total Due: $3.00 899.00 132.00 -132.00 899.00 Page 678 of 1037 to Wo 0 Columbia Drive, r West Palm Beach, Florida Number: 38482 Date:Bill Bill 1 Code:Client 032 Name: City of BoyntonClient Matter Code: Matter Name: Andrews Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total u: Past Due Balance TOTAL AMOUNT DUE Page 679 of 1037 ROBERTS, O ! A 470 Columbia Drive, Beach,West Palm • . 0' City of Boynton Beach September 15, 2017 Attn: claims@bbfl.us Bill No. 38349 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Broberg v. Boynton Beach et al. 15414 Claim #001470 -000390 -EP -01 ILL FOR FEES AND COSTS THROUGH 08/31/17 a Date Services ornHours 08/01/17 Receipt and review of e-mail from Ricardo Reyes, Esq. re: LHR 0.20 authorization for Military executed by Plaintiff, Leif Broberg. 08/01/17 Receipt and review of Plaintiffs Verified Answers to Defendant LHR 0.50 City's Second Set of Interrogatories and Notice of Serving same. 08/01/17 Preparation of correspondence to Military Personnel Records LHR 0.30 re: authorization executed by Plaintiff, Leif Broberg, for release of records. 08/02/17 Two telephone conferences with Plaintiffs counsel Cohen re: LHR 0.30 hearing on Defendant City's Objections to Plaintiffs Interrogatories. 08/02/17 Receipt and review of e-mail from Plaintiffs counsel Cohen re: LHR 0.20 upcoming hearing on Defendant City's Objections to Plaintiffs Interrogatories and requesting conference to discuss and attempt to resolve or narrow same prior to hearing. 08/02/17 Preparation of email response to Plaintiffs counsel Cohen re: LHR 0.20 upcoming hearing on Defendant City's Objections to Plaintiffs Interrogatories and potential conference to discuss and attempt to resolve or narrow same prior to hearing. 08/02/17 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.20 Cohen re: upcoming conference to discuss issues with Defendant City's Objections to Plaintiffs Interrogatories in attempt to resolve or narrow same prior to hearing. 08/02/17 Review of City's Interrogatory responses and prepare sample JHL 0.80 response for call with Plaintiffs counsel and Mr. Reynolds on Plaintiffs proposed hearing to overrule City's objections. Page 680 of 1037 Client: City of Boynton Beach September0 Matter: 15414 - Broberg v. Boynton Beach et al. Page 2 Date Services r 08/02/17 Receipt and review of Plaintiffs Notice of Hearing on LHR 0.20 Objections Raised in Defendant City's Answers to Plaintiffs First Set of Interrogatories. 08/02/17 Preparation of proposed Order on Objections Raised in LHR 0.20 Defendant City's Answers to Plaintiffs Interrogatories. 08/02/17 Receipt and review of e-mail from Plaintiffs counsel Cohen to LHR 0.20 Judge Gillen with courtesy copies of documents for upcoming hearing on Objections Raised in Defendant City's Answers to Plaintiffs First Set of Interrogatories. 08/02/17 Receipt and review of email response from Matthew Cohen, LHR 0.10 Esq. re: telephone conference to discuss City's objections to Plaintiffs First Set of Interrogatories. 08/03/17 Correspondence to opposing counsel Matthew Cohen JHL 0.30 requesting dates for inspection of documents produced as part of Plaintiffs Response to City's Second Request to Produce. 08/03/17 Extensive telephone conference with Plaintiffs counsel LHR 0.50 Matthew Cohen re: attempting to narrow issues for upcoming hearing on motion to compel. 08/05/17 Receipt and review of records pertaining to Plaintiff, Leif LHR 3.50 Broberg, received from FBI, pursuant to subpoena duces tecum. (Videos, recordings, 2 pages of documents) 08/06/17 Receipt and review of records pertaining to Plaintiff, Leif LHR 2.60 Broberg, received from Dr. Robert Brodner, pursuant to subpoena duces tecum. (260 pgs) 08/07/17 Correspondence to Judge Gillen enclosing Memorandum of JHL 0.30 Law prior to Plaintiffs hearing on City's Objections and Answers to Plaintiffs Interrogatories. 08/07/17 Review of documents produced as part of Plaintiffs Response JHL 0.30 to City's Request for Production. 08/07/17 Draft/Revise revisions to initial draft of Memorandum of Law in AGA 0.50 support of Defendant's Objections and Answers to Plaintiffs Interrogatories. 08/07/17 Travel to and from courthouse to hand -deliver Memorandum of JHL 1.00 Law and case law pursuant to Judge Gillen's instructions for upcoming hearing. 08/07/17 Preparation for Plaintiffs hearing on Defendant's objections to JHL 0.90 Plaintiffs Interrogatories. 08/07/17 Preparation of correspondence to IRS re: executed Request for LHR 0.30 Copy of Tax Return by Plaintiff, Leif Broberg, and payment for release of records. 08/08/17 Attendance at Plaintiffs hearing on Objections raised in JHL 2.50 Defendant, City of Boynton Beach's, Answers to Plaintiffs Interrogatories before Judge Gillen at the Palm Beach County Courthouse. Page 681 of 1037 Client: City of Boynton Beach September 15, 2017 Matter: 15414 - Broberg v. Boynton Beach et al. Page 3 Date Services AttorneyHours 08/09/17 Receipt and review of Court's executed Order on Objections LHR 0.20 Raised in City's Answers to Plaintiffs First Set of Interrogatories. 08/09/17 Telephone conference with Erica Cortes at Seminole Tribe JHL 0.30 regarding Broberg's Seminole PD application. 08/09/17 Preparation of correspondence to Ricardo Reyes, Esq. re: LHR 0.30 employment authorization directed to Seminole Tribe Police Department for Plaintiff, Leif Broberg's execution for release of records. 08/09/17 Preparation of employment authorization directed to Seminole JHL 0.30 Tribe Police Department for Plaintiff, Leif Broberg's execution for release of records. 08/11/17 Review of audio recording of first FBI meeting with Broberg on JHL 1.90 April 9, 2015. 08/11/17 Drafting of proposed Supplemental Response to Interrogatory JHL 1.10 number 6 (defenses and the factual bases to each). 08/11/17 Correspondence to Julie Oldbury, City, re: summary of Broberg JHL 0.60 FBI meeting. 08/14/17 Research case law from motion to be used for hearing. JHL 0.20 08/15/17 Correspondence to Julie Oldbury, City, and James Cherof, City AGA 0.30 attorney, re: proposed Amended Supplemental Answers to Plaintiffs Interrogatories. 08/15/17 Receipt and review of e-mail from City Risk Manager Julie LHR 0.30 Oldbury re: providing Chief Katz' response as to officer placed on involuntary administrative leave for failure to obey an order within the specified time frame, and review of same. 08/17/17 Telephone conference with Plaintiffs counsel Cohen re: issues LHR 0.20 with hearing on Motion to Strike Plaintiffs Reply to Defendant's Affirmative Defenses and resolving same. 08/17/17 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs Re -Notice of Hearing on Defendant's Motion to Strike Plaintiffs Reply to Defendant's Affirmative Defenses. 08/17/17 Receipt and review of e-mail from Plaintiffs counsel Cohen to LHR 0.20 Judge Gillen re: advising of rescheduled hearing on Motion to Strike Plaintiffs Reply to Defendant's Affirmative Defenses and requesting if Judge will require another set of courtesy copy of documentation. 08/17/17 Telephone conference with Julie Oldbury re request documents RKD 0.30 related to suspension of Officer Steven Schoenfeld as relates to City's Amended Answers to Plaintiffs Interrogatories. 08/17/17 Receipt, review and response to email from Julie Oldbury re RKD 0.20 documents related to Officer Schoenfeld's suspension for failure to obey an order and response email acknowledging same. Page 682 of 1037 Client: City of Boynton Beach September 15, 2017 Matter: 15414 - Broberg v. Boynton Beach et al. Page 4 Date Services r 08/17/17 Receipt and review of documents related to suspension of LHR 0.50 Officer Schoenfeld for failure to obey a command. 08/17/17 Receipt and review of e-mail from Julie Oldbury, City, re: AGA 0.20 unpaid suspension of Officer Steven Schoenfeld. 08/17/17 Preparation of revised Amended Supplemental Answers to LHR 1.10 Plaintiffs Interrogatories. 08/18/17 Preparation of correspondence to Julie Oldbury re enclosing LHR 0.40 revised Amended Supplemental Answers to Plaintiffs Interrogatories for review and approval. 08/18/17 Preparation of revised authorization for release of records from RKD 0.20 IRS for execution by Plaintiff, Michael Gavins, pursuant to IRS's request for same. 08/21/17 Receipt and review of e-mail from Tracey DeCarlo, City LHR 0.20 Attorney, advising no suggested revisions to proposed Amended Answers to Plaintiffs Interrogatories. 08/21/17 Receipt and review of e-mail from Judge Gillen's Judicial LHR 0.20 Assistant to Ricardo Reyes, counsel for Plaintiff, re: documents for upcoming hearing. 08/22/17 Telephone conference with Julie Oldbury re status of proposed RKD 0.20 City's Amended Supplemental Answers to Plaintiffs Interrogatories. 08/22/17 Receipt, review and response to email from Julie Oldbury re LHR 0.30 enclosing signed verification page for City's Amended Supplemental Answers to Plaintiffs Interrogatories and response acknowledging same. 08/22/17 Review case materials and prepare for use at Plaintiffs RKD 0.70 continued deposition of Chief Katz. 08/23/17 Telephone conference with Ricardo Reyes, Esq. re: follow up RKD 0.20 on status of authorization for Seminole Tribe Police Department. 08/23/17 Preparation of City's final draft of Amended/Supplemental LHR 0.50 Answers to Plaintiffs Interrogatories. 08/23/17 Preparation of correspondence to Julie Oldbury re: City's final LHR 0.30 draft of Amended/Supplemental Answers to Plaintiffs Interrogatories for file. 08/23/17 Telephone conference with Plaintiffs counsel Adrian Alvarez JHL 0.30 discussing Plaintiffs authorization for his employment application to the Seminole Police Department. 08/24/17 Telephone conference with Ricardo Reyes, Esq. re: status of JHL 0.30 records pertaining to Plaintiff, Leif Broberg, received from FBI pursuant to Plaintiffs Request for Copies dated June 16, 2017. 08/24/17 Receipt and review of e-mail from Adrian Alvarez, counsel for LHR 0.20 plaintiff, re: status of response to request for copies of FBI records. Page 683 of 1037 Client: City of Boynton Beach September 15, 2017 BrobergMatter: 15414 - et al. Page ! i - Date Services rn 08/24/17 Second telephone conference with Ricardo Reyes, Esq. re: JHL 0.30 status of records pertaining to Plaintiff, Leif Broberg, received from FBI pursuant to Plaintiffs Request for Copies dated June 16, 2017. 08/24/17 Telephone conference with Third telephone conference with JHL 0.30 Ricardo Reyes, Esq. re: status of records pertaining to Plaintiff, Leif Broberg, received from FBI pursuant to Plaintiffs Request for Copies dated June 16, 2017. 08/24/17 Preparation of email response to Ricardo Reyes, Esq. re: JHL 0.10 delivery of records pertaining to Plaintiff, Leif Broberg, received from FBI pursuant to Plaintiffs Request for Copies dated June 16, 2017. 08/24/17 Preparation of City's Notice of Compliance pursuant to LHR 0.60 Plaintiffs Request for Copies dated June 16, 2017. 08/24/17 Preparation for Plaintiffs continued deposition of Chief Katz the LHR 0.90 next day. 08/25/17 Preparation of CD containing FBI records pertaining to Plaintiff, RKD 0.80 Leif Broberg, for City's Notice of Compliance pursuant to Plaintiffs Request for Copies dated June 16, 2017. 08/25/17 Receipt, review and response to email from Tracey DeCarlo, JHL 0.30 City Attorney, re request for copy of Chief Katz's deposition transcript and response including same. 08/25/17 Telephone conference with Plaintiffs counsel Matthew Cohen JHL 0.30 in which Plaintiff requested copies of documents provided as part of Request for Production. 08/25/17 Correspondence to Matthew Cohen, counsel for Plaintiff, re: JHL 0.30 documents as part of City's Response for Production. 08/25/17 Receipt and review of e-mail from Matthew Cohen, counsel for JHL 0.30 plaintiff, re: letter of conclusion for IA#15-035 which commenced on or about January 19, 2016. 08/25/17 Attendance at Plaintiffs continued deposition of Chief Jeffrey LHR 9.80 Katz at City Hall in Boynton Beach, FL (deposition continued for a second time due to its length). 08/25/17 Preparation of e-mail to Matthew Cohen, counsel for Plaintiff, JHL 0.20 re: IA memo by Chief Katz. 08/25/17 Receipt and review of e-mail from Matthew Cohen, counsel for JHL 0.20 Plaintiff, re: 2016 IA memo by Chief Katz. 08/25/17 Preparation of second email to Matthew Cohen, counsel for JHL 0.20 Plaintiff, re: 2016 IA memo by Chief Katz. 08/25/17 Receipt and review of second e-mail from Matthew Cohen, JHL 0.20 counsel for Plaintiff, re: subsequent conclusion letter to 2016 IA memo by Chief Katz. 08/28/17 Receipt and review of news article from Palm Beach Post LHR 0.20 concerning former officer Justin Harris potentially taking plea deal in connection with Harris case. Page 684 of 1037 Client: City of Boynton Beach September 15, 2017 Matter: 15414 - Broberg v. Boynton Beach et a]. Page 6 Date Services rHours 08/29/17 Correspondence to City Risk Manager Julie Oldbury re: news LHR 0.20 Andrea G. Amiga, Partner article from Palm Beach Post concerning former officer Justin 165.00 165.00 Harris potentially taking plea deal in connection with Harris Jordan H. Lewis, Associate 14.10 case. 1,974.00 08/29/17 Telephone conference with Julie Oldbury re confirming only LHR 0.20 165.00 conclusion letter and no final report of HR's investigation of RKD Rebecca K. Davis, Paralegal Broberg's whistleblower complaint. 80.00 08/29/17 Telephone conference with Adrian Alvarez, Esq. re: follow up JHL 0.30 46.50 on status of execution of authorization for Seminole Tribe $7,099.00 Police Department by Plaintiff, Leif Broberg. 08/29/17 Preparation of correspondence to Julie Oldbury re: confirm no LHR 0.60 final report pertaining to the administrative investigation. 08/30/17 Second telephone conference with Chief Katz re: follow up LHR 0.40 concerning Human Resources investigation of Broberg's alleged whistleblower claim and impact on Chiefs later directive. 08/31/17 Preparation of correspondence to Matthew Cohen, Esq. re: LHR 0.50 confirm no final report of City's administrative investigation. 08/31/17 Receipt and review of email response from Julie Oldbury re: LHR 0.20 acknowledgement of no final report. 08/31/17 Preparation of correspondence to Julie Oldbury re: errata sheet LHR 0.30 for Chief Jeffrey Katz's execution pursuant to continued deposition taken on August 25, 2017. 08/31/17 Receipt and review of correspondence from IRS re: LHR 0.30 authorization executed by Plaintiff, Leif Broberg, for the release of tax records. Code Name Hours Rate Amount AGA Andrea G. Amiga, Partner 1.00 165.00 165.00 JHL Jordan H. Lewis, Associate 14.10 140.00 1,974.00 LHR Lyman H. Reynolds, Jr., Partner 28.80 165.00 4,752.00 RKD Rebecca K. Davis, Paralegal 2.60 80.00 208.00 Total Professional Services 46.50 $7,099.00 Date Description Amount 08/08/17 Court Reporter #173006: proceedings before Judge Gillen, 90.00 taken but not transcribed. - Florida Court Reporting Page 685 of 1037 Client: City of Boynton Beach Matter: 15414 - Broberg v. Boynton Beach et al. Date Description 08/25/17 Travel Boynton Beach: attend Plfs cont'd depo, Chief Katz. Mileage 48 x.535 = $25.68. - Lyman H. Reynolds, Jr. 08125/17 Costs Advanced Boynton Beach: attend cont'd depo, Chief Katz. - Lyman H. Reynolds, Jr. Total Disbursements I L0010:44,11 NAIR M I[*] r -I WIN ISIFETIN19;J Payments & Adjustments: ToW Due: ti-! •-, 15, 2017 Page 7 -1,692.42 7,232.63 Page 686 of 1037 ITM711H =771 to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-1 01 West Palm Beach, Florida 33409 Bill Number: 38349 Bill Date: September 15, 2017 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 15414 Matter Name: Broberg v. Boynton Beach et al. 1104M. I= MT 4=1 - Balance Forward: Payments & Adjustments: Total Due: Past Due Balance 7,099-00 133.53 $ 7,232.63 1,692.42 -1,692.42 $ 7,232.53 0.00 $7,232.63 Page 687 of 1037 6.T CONSENTAGENDA 10/17/2017 REQUESTED ACTION BY COMMISSION: Accept the written report to the Commission for purchases over $10,000 for the month of September 2017. EXPLANATION OF REQUEST: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the purchases for September 2017: Purchase Order Vendor Amount 171419 MacMillan Oil Company of FI $ 26,101.12 171421 Stokes Mech Contractor, Inc. $ 11,227.00 171427 Vincent & Sons Landscaping $ 15,114.00 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager. FISCAL IMPACT: Budgeted This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. ALTERNATIVES: None. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 688 of 1037 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment Description Purchases over $10K -Sept Backup Page 689 of 1037 CITY OF BOYNTON BEACH APPROVED 0 FOR SEPTEMBER REQUESTS FOR PURCHASES OVER $10,000 17 1. Vendor: MacMillan' Oil Company of Fl. PurchaseAmount: $26,101.12 Requesting Department: Public Works Contact Person: Bill Darty Date: 9121117 Brief Description of Purchase: State contract purchase of fuel for Hurricane Irma relief and recovery. Source for Purchase: State Contract 05-000-10-1 Fund Source: 501-2516-519-52-1 2. Vendor: Stokes Mach Contractor, Inc. PurchaseAmount: $11,227.00 Requesting Department: Public Works Contact Person:Gail Mootz Date: 9122117 Brief Description of Purchase: Replace AHU 8 (5 ton) & CUBA & CU (.5 ton each) at the Hester Center Game Room. Source r Purchase: Three Written Quotes Fund : 001-2511-519-48-25 . Vendor: Vincent & Sons Landscaping Purchase Amount: $15,114.00 Requesting Department: Public Works Con on: Glenda Hall Data: 9129117 Brief Description of Purchase: Hurricane debris clean up, tree & shrub removal at various locations. Source for Purchase. Emergency Purchase Fund : 108-1211-512-52-90 H1701 Page 1 Page 690 of 1037 PVRCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. #: 17141-l' BOYNTON BEAC'31130MOAD10A 33425-0310 DATE: 09/21/17' pauggimmuM SHIP TO: TO: MACMILLAN OIL COMPANY OF FL IN City of Boynton Beach MACMILLAN HOLDINGS INC. PUBLIC WORKS DEPARTMENT 2955 E. 11 AVENUE HIALEAH, FL 33013 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 69824 ORDERING DEPARTMENT. SB/FLEET INQUIRI . . ..... PURCHA DATE NEEDED: I BID NO: COMMISSION APPROVED. (56, LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXTENDED 1 9348.78 DL 4892.10 GAL OF DIESEL FOR FIRE 1.0000 9348.78 STATION #5 2 9792.34 DL 4 2 5 1.0 0 GAL. Q#.." M., 1.0000 9792.34 PUBLIC WORM' 6960.QO DL 2965'-:9'6. V-4 "1 1®a 000 696000 WORKS . . IXS RMIN0 PURCMSE ORDSM"' XNVOIC14 *480030 �::& #47 72'0 M- RGENCY FUEL'ORDg-R-'. XFORE HURRICANE. 1XI& PROCUREMENT SERVICES. IrX 1 . ..... ,.I P 0 TOTAL: 26102.12 ACCOUNTNO. PROJECT 501-2516-519.52-10 PURCHASING Page 691 of 1037 ti 1 CrTr OF BOYNTON SIACH mil mjv A WE FOR PU CH"z 0 Z $10t000 RequestIng Deperftent PuWlc Wo Conted Pormon: M Party !INWOMmendle'd Vendor MacHilen 011 Com M -y- Page 692 of 1037 I 9 1:1 Page 693 of 1037 A H I I-% I-- 0 A w u I u C4 M m at t U. u u w I M hCh to U P4 14 0 u u p 1 0 0 0 ME, 4 0 rq Rp M Ch r- at w Ch WD a rq w I rq r-I m u u pq 9 0 Hp 0 0 cl 00 0 H M8 0 0 0 0 0 0 U, 0 0% 9 9 0 : H I o 0 H r-I rq a 0 0 64 u X C4 11 H I I- W. m co 0 ul u H �H fw a%fil I U, 'o u I in u Go to m U HIO I 1 . pq E 1RH P4 Imi RM 0 0A 1 Moftffi u u aha I+ pq NIHM E4064OF40 aFH4 M'j M'4 H I MHH HH MHH Moo Moo m H. . goo io I , no 1 0 0 0 H H H 04 No E E No I in Ln in oil cmn WNI (mh 8 H I I rq P4 rI in un In 8 H H rq Iw Ln In Ln F4 H H . 00 ! on on M M 04 H " r4 ta H tn cn in 0 0 a 2Ln Ln Ln cop C41M Mum N H NJ M M C" u I 9 1:1 Page 693 of 1037 Erne4t Eue-1 QC9 MACMILLAN OIL COMPANY LLC covid moq+ Page: i 2955 BUT 11TH AVENUE HIALBAH, FL 33013 PqM dt- Invoice No- 480030 Invoice Date; 09/12/17 Phone. 305-691-7814 Ifi(V Shi: 09/12/17 p Date pax-. 305-691-7617 Profit Center: 2204 Sold CITY OF BOYNTON OCR (M)o 10-CIBB (M Ship CIBB 2080 HIGH RIDGE RD, 20- To.- CONTRACT #: 405-000-10-1 TO: 2080 HIGH RIDGE RD 100 E BOYNTON BCH BOYNTON BEACH, FL 33426 BOYNTON BEACH, FL 33433-3838 RELEASE #: 479034 Account N0:12322439 PO No-.. Terms- MET 30 DAYS Ship Via- Sales 1D:KOUS BOL/Ship.Ord er: :1 ----------------------------------------------------------------------------- Product Code/ Shipped/ Price Deacripti= Billed UOM Each Extension ----------------------------------------------------------------------------- ## ULSD ON ROAD DIESEL 2100 4692.1GAL NA 1993 DIESEL FUEL 3 PG III ULSD 4892.1 GAL 2.53414 7505.17 TK #142990 FEDERAL LUST TAX 0.00100 4.89 FEDERAL OIL SPILL DIESEL 0.00214 20.48 FL COMB SP & SF SLS TAX 0.27400 851.23 PLORIDA L/D 0.14400 704.46 FLORIDA POLLUTION 0.02071 201.33 FREIGHT 4892.13ACK FREIGHT 4892.1 MACE 0.03500 171.22 Permit NUMber060000000 ----------------- Total Amount: 9,340.78 Page 694 of 1037 i , Aacmillan Oil Company LLC Mi K 116 AVWW PHONE IN 6ft-7B14 FAX(303)691-7817 ORDER NUMBER: 479034 ORDER DATE: 9/12017 F;T-1 [-1 11 4IIIIJ!2 EMERGENCY CONTACT� WV CLIFF BERRY INC. fff Page 695 of 1037 • MACMILLAN OIL COMPANY LLC Page. 1 2955 EMT 21TH AVENUE HIALEAH, FL 33013 Invoice No: 479720 Invoice Date: 09/12/17 Ship Date: 09/12/17 Phone: 305-691-7814 Fax- 305-691-7817 Profit Center: 1000 Sold CITY OF BOYNTON BCH (M), 10-CIBB (M Ship CIBB 222 HE 9 AVE, 10-CIBB To: CONTRACT #. 405-000-10-1 To: 222 NE 9 AVE 100 E BOYNTON BCH BOYNTON BEACH, FL 33435-314 BOYNTON BEACH, FL 33435-3838 RELEASE #: 0 Account No.12320237 PO 0:405-000-1 -1 Terms: NET 30 DAYS Ship Via:SSP FUELING LLC Sales 1DzHOUS SOL/Ship.Order-' > ---------------------------------------------------------------------------- Product Code/ Gross Net Price Description ----------------------------------------------------------------------------- Quantity Quantity Each Extension B/L Number-- 666686 ## 87 OCTANE GASOHOL 1110 UN1203 GASOHOL 3 PO 11 87 4,309.0 4,251.0* 2.909400 81116.06 FEDERAL OIL SPILL GAS 0.001924 8.10 FEDERAL LUST TAX 0.001000 4.25 FLORIDA POLLUTION TAX 0.020714 se -06 FLORIDA EXCISE/INSPECTION GAS 0.175250 744.99 FLORIDA INSPECTION FEE GAS 0.001250 5.31 FLORIDA MINIMUM L/O TAX 0.134000 569.63 PALM BEACH L/O TAX 0.060000 255.06 ULSD ON ROAD DIESEL 2100 NA 1993 DIESEL FUEL 3 RG III UL 3,004.0 2,965.0* 1.942000 5,760.40 FEDERAL LUST TAX 0.001000 2.97 FEDERAL OIL SPILL DIESEL 0.002143 6.35 FL COMB SP & SF SLS TAX 0.174000 515.91 FLORIDA L/O 0.144000 426.96 FLORIDA POLLUTION 0.020714 61.42 Unit Freight On GAS 4,309.0 .024200 104.28 Unit Freight On DISTILLATES 3,004.0 .027200 81.71 toC?(Vo FEDERAL ID NUMBER Permit Number396000282 STORAGE TANK NUMBER Permit Number563052 FEDERAL TAX ID: 47-2123177 - tiff Billed Quantity. ----------------- Total Amount; 16,752.34 Page 696 of 1037 Page 698 0 1037 PVRCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O #: 171421 BOYNTON BEACH, FLORIDA 33425-0310 DATi: 09122/17 TO: STOKES MECH CONTRACTOR IN4 E.C. STOKES MECHANICAL CO 2001 7TH AVE N LAKE WORTH, FL 33461 SHIP TO: City of Boynton Beach PUBLIC WORKS DEPARTMENT 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST *RECOVER REFIGERANT OUT OF (2) iiii CIRCUITS FROM TRANE MVii! ER-2TTB303OA1000AA *REMOVE AND DISPOSE (1) 5 TON A/H MODEL - AND (2) CQDO'ms.zps MODEL .2 TtS, 6,1b'Al 6 60A� j?ROVX.. ME'AND' T P_ VIPL T SYSTEN. *DISCdNNlECT' '+i 9 7 bNWkCT TO xlsj.r-NG,, iSLECTRI CAL- WM. "J RZU 'PIPT G, b ZAIN PUtTWORK AM HEAT,$A" *PROVIDE. CESSAkY. - LIFT...':" -T0-':HO!ST` - Ul • AENSERS':'AND 0' gELER .*,-PROP LY Rs ---lbpwN TO EXISTING' CURB CONDO JOP:- BUPI�QRTS T 'EFORMST.TO- dbrI!I:PN: T E N0 L i.07 RUN SYSTEM R"A. - VA '-AN--A-CIDf.'S7MVp GER lrH u H P�Fo Cs.. CIRCUIT.To.., 122'ANY CObit-MINANTS P kR; O.P90 IWAM PROP 4PTSTEM. TO ?w cr WORx-'-TQ' BE'::' HOLMO'�&--! b4p - HESTER C9N" 1901 N SEACRE6Tt.'8L.W-` BOYNTON 4 i' 1; PURCHASING Page 699 of 1037 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICE$ DEPARTMENT 100 EAST :r r` BEACH BOULEVARD P.O. BOX 310 P.O. #: 171421 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 09/22/17 TO: STOKES MECH CONTRACTOR INC E.C. STOKES MECHANICAL CO 2001 7TH AVE N LAKE WORTH, FL 33461 SAIP TO: City of Boynton Beach PU13LIC WORKS DEPARTMENT 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST • mg'*Aw� MIIN 99AMEROakkm PURCHASING Page 700 of 1037 CITY OF BOYNTON BEACH REQUWT FOR PURCIUSE OVER $10000-T Requesting Department: Contact Persom. 7 Explanation for Purchase: &UJ1 eif A,r Y45M 60,75�L V416- V= - Amount of Purchjas9---;,T " burce for Purchase (check -and affach backup materials): Three Written Quotations 1-71 GSA State Conhid PRIDE/RESPECT SNAPS Sole Source Piggy-Badc Budgeted item Emergency Purchase Other Contract Number NOTE: Pricing pmPosal tbr pummese must be Prewted In the "me down wntained within the wntmcL City Manager i;W%WBW 0=1/02 =z - Page 701 of 1037 1 1 1 1 1 1 1 1 1 1 1 r I 1 1 1 1 1 I i 1 1 1 i 1 1 1 1 1 O 1 10 1 H 1 1 1 1 1 1 1 1 1 1 1 1 FI 1 1 I 1 1 1 .0 1 pq 1 1 1 1 l 1 1 1 1 1 1 a 10 1 rj man 1 1 1 1 1 1 1 1 1 I 1 1 f 1 1 1 1 1 1 1 1 1 1 1 1 1 I fcl qr In in 1 1 1 1 *i 1 rl 1 ri 1 i 1 H 1 1 1 1 110 i 1 1 1 1 r Page 702 of 1037 RE.QUEST FOR OFFICE ASSISTANCE, FROMt, _ . Copy Work - Number of Copies: Double-sidod / Collated & Mapled - ----- ■ Type from the attached transcription tape jernell (to be forwarded upon request) ■/Direct Vendor or Person to be reimbursed: Project No.: Account Ntimber. Ust Rams w/Guantities & Unk Cost@ on the back of this request. Cost: a Verbal Quotas ($500 to $1 -999): Vendor: Vendoc [3 Written Quotas ($2,000 to $9,999.99) - Attached. _:0,000 eop"I" Written ■ i0R Bid/Other Entity (Over $25r to Fila AS: - 13 OTHER: special f r 174.01 A A TS l F'6-)zxJ=' S-16 703 of 1037 Miami Ofte 444 Brickell Avenue Miami, FlorWa 33131 0: 30S.940,0381 F: 785.391.3689 CLIENT:R,;O 000 21885 City Of Boynton 100 E Boynton Beach Boulevard PO Box 3 10 190 1 North Seacreast Blvd ,z a �. .:Beach, Phone: 561-742-6323 6 R , , v' TF, . 1 41: ..i '' w . ! i 1l : .f i . :.z. , tl . ! R : f l = . . ► ! i ' w T W Twelve Thousand Nine Hundred TwentyAnd 00/100 Dollars. 1 '•• I • • 1 lip 1##'�Aej 41 1C I -# I' 1a I . Perform o . procedure stirsg reffigerant based on ... federal regulations. 2. Providelaborand i 11 ad; for the removal 1, proper disposal oexistingTrAHU aneandoutdoor condensers includeall related materials. L.Iim 7MT flow switch, duct transitions and related initallation materials. 4. Provide Y 1 matmial to 1 z tonTr14 aneseercondensers t " 4 I 01 include 1 coated coils withyear warrazrty,down material l , replacement outdoor c, .. l ' las required. labor5. Provide labor and material to install (2) new TXV kits at existing indoor air handler for reffigerant R41 OA. 6. Provide 1, material to properly evacuate and r: `n with new refrigerant I° and :i,, refrigmmtas required sbring system withinfactory chargel e :, n 7. Provide copper line set flush to remove existing oil and contaminates. 8. Provide11functioncheck1 d . M ensureproper 11. operation. , Manufichaves part warranty, parts l!year compressors.Thermal ,n . rl 90 day labor A !!year craftsmanshipwarranty. 0. Work shall be performed during the hours of 11:n to 4.30pm, excluding holidays rli weekends. 11. enz, Lead time , 10 days 12. Furnish engineered tic 1,l details per ,d 13. �,. Furnish 4 - 11 i, X11 by City of BoyntonBeach. dt 1� f +u.e' . .. Page 705 of 1037 Stuart office 2497 SE DIxIe Highway I C'11 Stuart Florida 34997 .: 0: 772.220.2365 95 2:6 4.77 R 772.220.2273 F: 954.370.6410 Miami Ofte 444 Brickell Avenue Miami, FlorWa 33131 0: 30S.940,0381 F: 785.391.3689 CLIENT:R,;O 000 21885 City Of Boynton 100 E Boynton Beach Boulevard PO Box 3 10 190 1 North Seacreast Blvd ,z a �. .:Beach, Phone: 561-742-6323 6 R , , v' TF, . 1 41: ..i '' w . ! i 1l : .f i . :.z. , tl . ! R : f l = . . ► ! i ' w T W Twelve Thousand Nine Hundred TwentyAnd 00/100 Dollars. 1 '•• I • • 1 lip 1##'�Aej 41 1C I -# I' 1a I . Perform o . procedure stirsg reffigerant based on ... federal regulations. 2. Providelaborand i 11 ad; for the removal 1, proper disposal oexistingTrAHU aneandoutdoor condensers includeall related materials. L.Iim 7MT flow switch, duct transitions and related initallation materials. 4. Provide Y 1 matmial to 1 z tonTr14 aneseercondensers t " 4 I 01 include 1 coated coils withyear warrazrty,down material l , replacement outdoor c, .. l ' las required. labor5. Provide labor and material to install (2) new TXV kits at existing indoor air handler for reffigerant R41 OA. 6. Provide 1, material to properly evacuate and r: `n with new refrigerant I° and :i,, refrigmmtas required sbring system withinfactory chargel e :, n 7. Provide copper line set flush to remove existing oil and contaminates. 8. Provide11functioncheck1 d . M ensureproper 11. operation. , Manufichaves part warranty, parts l!year compressors.Thermal ,n . rl 90 day labor A !!year craftsmanshipwarranty. 0. Work shall be performed during the hours of 11:n to 4.30pm, excluding holidays rli weekends. 11. enz, Lead time , 10 days 12. Furnish engineered tic 1,l details per ,d 13. �,. Furnish 4 - 11 i, X11 by City of BoyntonBeach. dt 1� f +u.e' . .. Page 705 of 1037 c c ,, I. li A I i . , 1 , 1 ,; , I Tj 74; . r 3' , [7j , .117, , .; „ i , I R, , a ,a , I.. 8 7- 77 7 M , M ,: d iZ T77777! 4, a M 111 �I 1 1 U-7—IM !371179P977T I 7M! 1 s 1 1 , 77M 1 A-177, frIM77 I A ,IF171 1 71I,,1 ,I -., TT , 717) IIW[3,11 . , 4 I i 77-7MO 7; F7T,71, 75:7277.74.117 W711077TINM777ai Page 706 of 1037 1 'c CLIENT: City Of Boynton Beach ";,- Boynton Phone: 561-742-6323 Fax: 561-742-6316 condensers toincluderelated Ezell Hester Community Center ,=— , required.','.Provide labor and material to install (2) 2.5 ton Trane 14 seer condensers (4TTR4030LIOOaA) to Page 707 of 1037 5.Provide1materialto TXV Indoorl for refrigerant addrefrigerant as required to bring system•ry charge specifications. 7. Provide copper line set flush to remove existing oil and contaminates. 8. Provide it .. and I- toensureproper operation. 9.Manufacturer's part warrenty,1 year parts and 5 year compressors. Thermal Concepts Warranty: 90 •-laborup toyear craftsmanship 10.Work shall be performed during the hours of 8.00am to 4.30pm. f Lead time is 7 to 10 days. 12.Fumish engineered tie down details per city code. 13. Furnish permits as required by City of i 19MMM73M M�-Iltjl: 11.•1111 tR • • • �i electrical services. • �R • ! 1• • R �. i ! f Page 708 of 1037 ! BoyntonBeach Willprovide lift equipment. Payment to be made as follows: NET 30 DAYS AccaMnes of I This proposal may be rAthdrawn If not accepted by August 31,2017. The above prkes, speeff1cwtions and conditionsare satidactory accepted. You are authorizedthe work as specified. Payment will be made as statad above. TERMS & CONDITIONS: included. Mould pwpnew be received after w d&M dw A-1 may slop @111 work undwthb Propml wW1 orcancal the Propesel, arW IM entire price shell due and papble. Page 709 of 1037 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 171427 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 09/29/17 SAIP TO: TO: VINCENT & SONS LANDSCAPING, IN City of Boynton Beach P.O. BOX 20605 PUBLIC WORKS DEPARTMENT WIEST PALM BEACH, FL 33416 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST Page 710 of 1037 PURCHASING 405.00 DL ARBOR PARK - HURRICANE DEBRIS 1.0000 405.00 CLEAN UP INVOICE #ARBOR9�1817A--:.-.-. 2 ® DL BICENTENIAL--.;-:-M---Rk mm'' tc m- 1.0000 405.00 DEBRIS-, P INVOT 0, dPxq I a 17A':. 3 720.00 DL B01it6g,"� m--`,-B'LVD-- HURRICANE— 1.0000 720.00 aff., 111MV-01.04. WMLVD91817A 4 540.00 DL D-E� �AR* HURR-1-CAME 'bEBlZ"g'.' - .:-:l.'0000 540.00 LE. K)EWEY51-817A 5 1350.00 D.L': -BOYNT-ON' =ENSIO-N r 'HURRICANE po 1350.00 CLEAN, INVOICE #ABEXT9• 181;-lA- 6 1089. 00 mm AVE EALK":-WAT A 41,000 1089.00 K '811A -91 7 540.00 DL Hlbl;a 1;l PHEIRI.S.- 540.00 PA09 #OCtANk'al ��l 8 1620.00 DL ...... ...... COD --.PK- 0 0 0 1620.00 9 1275.00 DL JAYC k. PARZ ''HURRICANE. V.2MZ$ 0 0 0 0 1275-00 10 45.00 DL GULF ROAD --AUlMjCAjm:l-, *IpRld 1.0000 45.00 CLEAN UP INVOICE #GULF91917A 11 690.00 DL LS 4TH ST - HURRICANE DEBRIS 1.0000 690.00 CLFAN UP PROCUREMENT SERVICES: P.O. TOTAL: ACCOUNT NO. PROJECT IOB-1211-512.52-90 HR1701 Page 710 of 1037 PURCHASING PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 171427 BOYNTON BEACH, FLORIDA 33426-0310 DATE: 09/29/17 SHIP TO: TO: VINCENT & SONS LANDSCAPING, IN City of Boynton Beach P.O. BOX 20605 PUBLIC WORKS DEPARTMENT WEST PALM BEACH, FL 33416 222 N.H. 9TH AVENUE BOYNTON BEACH, FL 33435 EXTEADED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST INVOICE #LS91817A 12 1590.00 DL PETES POND TCW -9. DEBRIS 1.0000 1590.00 CLE,AN UP INVOICE -9TE--9-18.17A 13 2560.00 DL BOAT .(P'�,U$ - awl am 1.0000 2580.00 CLEAN jpl IWO -C 7,A -VD. :1. -6 0 0 0 2265.00 14 2265.00 DL St HURk-5CM.E DEW PROCUREMENT SERVICES: P.O. TOTAL: 15114.00 ............... ACCOUNT NO. PROJECT 108-1211-512.52-90 HR1701 PURCHASING Page 711 of 1037 1 GAn Person:Requesting Department: fixf-sin, C4 Contact =-natlon for Purchase: r 0 , 4 RecommendedVendor y� Dollar * of k5_1 JA C, GSA PRIDEIRESPECT Sole Source Budgeted Other 'Fund Source fbr Purchase: �►G Va " 01 ti r Form PjMsW MIM Date e. Date �® r Page 712 of 1037 Written Quotations StateThree Contract SNAPS Emergency GSA PRIDEIRESPECT Sole Source Budgeted Other 'Fund Source fbr Purchase: �►G Va " 01 ti r Form PjMsW MIM Date e. Date �® r Page 712 of 1037 L*. 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AFUMPARK Do@ Deft October 18, 2017 vwma Of PBIIM17 0118=17 ----- -------- IIIIIIIIIIIII - - IVIII I _ I ___.1111111 _ I Mdo M daft psy" to KWtssst & Ilms Lrndw.4Wr& Inc ff�w have erg dimmmadmukumm THANK YOU FOR YOURI I Page 716 of 1037 Page 717 of 1037 9 1 11th'. M, Page 718 of 1037 -. _2017 Eu Date OctoberDue QM&12017 9 1 11th'. M, Page 718 of 1037 Page 719 of 1037 � � f PO BT R September 18, 2D17 WEW PALM BEACH. FL 33416 INVOICE 0 OBBLVDDIB17A A' :il : FOR: 0 • • h" Due Deb OC"W 18, 2017 W"Il of W11=17 Page 720 of 1037 Page 721 of 1037 n. hm PO BOX 20M Yn Y WEP PALM K FL M410817A 1714 CdMI48MIO FDEWEYPARK 18, 2017 Week af MV2017 M2017 �rll �. 1 A 1, Mda dl otwft psVmbM m %Indent S tlDnd Ldnctw"Inp, km THANK U FOR YOURU I 1 Page 722 of 1037 Page 723 of 1037 THMK YOU FOR YOUR SUBINESSI Page 724 of 1037 I 1 VIneent a Som Ladimpins.I . PD BOX 20SM DATE: S 18, 2017 WWT PALM BEACH,FL 33416 INVOICE# OBEXTMMTA 1714 7 10 FOR: BOYNTON09ENTION Due VMS Oab*w 18, 2DI7 VlAwk al 9h 112017 9/18=17 THMK YOU FOR YOUR SUBINESSI Page 724 of 1037 Page 725 of 1037 MWm d dmb psy&m to Vinswit A Son Landmalaq, hm Nym hm &W mmalm amwring UM hvWm plem omWct DaW Vbwt by Simi THMK YOU FOR YOUR BUGINESII Page 726 of 1037 Page 727 of 1037 Vinowd & So= LendsesphM b& FO BOX 20WO DATE: September 18, 2DI7 WEST PALM BEACH, FL 33418 INMCE V OCMI8I?A OfiRWO77-OD94714 C"I-MMIO FOR: OCEANAVE Due Dift OcWbor 18. 2017 VAwk af W112017 9IM02017 m MOM ON dwicks prjutis la Viamd & Som LmWmmoft Inc lfyw mysery quaftm wwwnkig Oft k"be plousawadomw Vhmtby Boo DMId2VtMGMO&20dmdmRRkuL= OMnMMMhOdl2NdM&9d THANK YOU FOR YOUR IBU Page 728 of 1037 �rA,7 ", INN! I I� ky� t �fiT r M� v � v 1S I7I t v r �i� } I t 'cv 't �.,� �,�t•I f� � ��t �° psi b R 4 � . i � x r i t ! f v I I� ky� t v � v 1S I7I t t 'cv 't A. i R 4 � . i � x r i t ! f v Vlowd d, Sm Lefidamping,Inc. PO BOX 20M WEST PALM REACH, FL 16 9714 C"1-4"10 FOR: KNOOLW=PARK DATE: Septomber 18, 2D17 INVOICE 0 K.:; Due DAM r2017 W"k of W1112017 Mom mn dada pq-AM to ra! a gone Lambeapkv. Ins U THANK YOU FOR YOUR BUSINESS1 Page 730 of 1037 Page 731 of 1037 V �►' , vincwt& Bom L=r—=-ng. hw- PC Boxt sl.. er 18, 20`17 WERT PALM BEACH. FL 3341a INVOICE 8 JAYBIB17A Offiew.8"4W17114 COMI-M-0110 FOR: JAYCEEPARK Due Deft Ocbber 18. 2017 Week of W1 IA2017 0116=17 umks ail dmm p%vbb to nmm & @me Lsmillwopbo to lfpu hm wW qunftm ww@Mrq ft kvda pinu wftd D" Wnmft by EffM OMWOM22=919MISUIMMIMUM duciloodamlilumd THANK YOU FOR YOUR BUIBINESBI Page 732 of 1037 t Page 733 of 1037 � r Vlnmd A Sam LmndwWln&Inc. PC BOX 20006 MATE: September 10, 2DI7 wEBT PAW BEACH, FL 33416 I GU 817 714 C"14"10 No Dow October 18, 2017 Weak at f f7 WISM17 in P Page 734 of 1037 Page 735 of 1037 THANK YOU FOR YOUR BUMNEW1 Page 736 of 1037 it A% 1176 1 &tk- -7 Innewc & km Landscapki& Inc. POBOX2= DA711: SoMmbw A 2017 WESTMAMCM.FL33410 INVOICE 0 L0817A Offlon-B"4M1714 C"14M4BID FOR: LS 4m ST Due Dwe October 18, 2017 Week Of W1112017 91111=17 THANK YOU FOR YOUR BUMNEW1 Page 736 of 1037 Page 737 of 1037 Vincent & Som Lmndmiffn% Inc. PO BOX 2D= DATE: Seplember 18. 2017 WWT PMA BEACH, FL MIG INVOICE I PETEIH817A CWM14604NIO FOR: PETES POW Due Dds Ocbber 18, 20117 Wuk af M017 0/19=17 I Make 89 dodo pmyabb to Vincent a Bons LmmWmlrqb Inc If yom hen my quesdam mmwft ft Mice Once conad David Vkwwd by Bawl TNMK YOU FOR YOUR OUSINES111 Page 738 of 1037 Page 739 of 1037 PO BOX 208M DATE: September 18, 2D17 :: FOR: BOATOLLAB Due Dsw Oallober 18, 2017 M, Wit ® dmM ps"M 6D Vlacent L Sam Londweping, u THANK YOU FOR YOURU f Page 740 of 1037 Page 741 of 1037 ki R 1,10 1 ,�4a ci VbuM & @am LmdmWing. im PO BOX 2DW5 DAM Sepbwnber 18, 2017 WEST PALM BEACH. FL 334is INVOICE 0 ~1817A Oft&k77-MO-1714 Cd-S51-4WOM FOR: Gst&*W SAd Duo DNS OubMr 18, 2017 Week d SIN 1/2017 SM8017 TT= - It 77 7 7,11 'Mlk" THANK YOU FOR YOUR 13UBINEMI Page 742 of 1037 Page 743 of 1037 6.U. CONSENTAGENDA 10/17/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/17/2017 REQUESTED ACTION BY COMMISSION: Approve the minutes from the Regular City Commission meetings held on September 19, 2017 and October 3, 2017. EXPLANATION OF REQUEST: The City Commission met on September 19, 2017and October 3, 2017, and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT: Non -budgeted N/A ALTERNATIVES: Do not approve the minutes STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Minutes Description City Commission Minutes 10-03-17 Page 744 of 1037 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY OCTOBER 3, 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 Commissioner Mack McCray Commissioner Christina Romelus, Commissioner Joe Casello, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Tim Howard, Assistant City Manager James Cherof, City Attorney Queenester Nieves, Deputy City Clerk Mayor Grant called the meeting to order at 6:30 p.m. Invocation Commissioner McCray gave the invocation. Pledge of Allegiance to the Flag led by Commissioner Mack McCray The members recited the Pledge of Allegiance to the Flag. Roll Call Roll call was taken. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. Page 745 of 1037 Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 2. OTHER A. Informational items by Members of the City Commission Commissioner Casello had no disclosures and recognized and sent prayers and thoughts for those in Las Vegas. He also noted Mark Karageorge had taken ill over the weekend and was in Bethesda Hospital. He noted Mr. Karageorge has been an advocate for the City and he requested all keep him in their thoughts and prayers. Commissioner Romelus agreed with Commissioner Casello's comments regarding Mr. Karageorge and sent thoughts and prayers for him and for those in Las Vegas. She disclosed she met with John Markey to discuss the Town Square and initiatives for affordable housing. Mayor Grant noted the Las Vegas shooting surpassed the Pulse shooting. He commented that Tallahassee does not want cities to have gun regulations and he hoped it would be a legislative item and the City would receive control over who can buy and sell guns within the City limits. He proposed a limit on the amount of guns sold. He commented the City entered the Bloomberg Philanthropic Mayor's Challenge and will compete against other U.S. cities that entered. He announced first prize was $5 million, there are four (4) $1 million awards, He advised he will bring additional information in the future. He spoke at WXEL "On the Town" regarding Ocean Avenue and the new development. He noted the City has started renovating the Old High School. On the 23rd he attended a few Hurricane Irma supply drives and on the 24th he drove a truck full of supplies to Marathon with Artist Rolando Barerro. He commented the supplies were appreciated and he thanked all who donated. He spoke with the E21- development team, attended the United Way's Breakfast of Champions, spoke with Freedom Shores 2nd and 3rd grade students and attended St. Joseph's new park dedication and today attended the Sailfish Cafe VIP Luncheon as there is new management there and he invited all to the Library and to the Cafe. Commissioner McCray met with the Town Square Development group, and received a call regarding Mr. Karageorge being readmitted to the hospital this afternoon. He had no disclosures and advised he attended the MPO meeting in Mayor Grant's place and it was interesting. He encouraged the Commission to attend as the City is way ahead of the County. Vice Mayor Katz disclosed he met with John Markey regarding development in the Cortina area. Motion Commissioner Casello moved to reconsider the agenda and add a discussion with a final vote concerning the location of the Police Department. Vice Mayor Katz seconded the motion. 2 Page 746 of 1037 Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 Vote The motion passed 4-1 (Mayor Grant dissenting.) The item will be heard as Item 12. D. 3. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS A. Announcement of the Community Redevelopment Agency's (CRA's) 6th Annual Boynton Beach Pirate Fest and Mermaid Splash. Mayor Grant announced the October 216t and 22nd free event and commented there are flyers in the back of the room. He indicated it is an amazing event. B. Proclaim October 15, 2017 as White Cane Safety Day. Lighthouse for the Blind representative, Elizabeth Stevens, will accept the Proclamation from the Mayor. Mayor Grant read the proclamation declaring October 15, 2017 as White Cane Safety Day. Present to accept the award was Elizabeth Stevens, of Lighthouse for the Blind. Ms. Stevens thanked the City for the proclamation and applauded the City for making the community aware of white cane users. C. Proclaim the Month of October as National Arts and Humanities Month for the City of Boynton Beach. Kim Weiss, Arts Commission Chair will accept the proclamation. Mayor Grant read the proclamation declaring the month of October as National Arts and Humanities Month for the City. Present to accept the award was Kim Weiss, Chair, Boynton Beach Arts Commission. Ms. Weiss thanked the City Commission for supporting the arts program. She noted the City has 16 tons of artwork on the Avenue that will remain all year. The artwork was featured on WPBF this afternoon. Debby Coles-Dobay, the Public Art Manager was interviewed. Ms. Weiss commented the exhibit could put Boynton Beach on the map in a giant way. Commissioner McCray witnessed Ms. Coles- Dobay removing the art and suggested she wear a vest if directing traffic. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS W ILL 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) Bill Cwynar, 2701 SW 8t" Street, has lived in Boynton Beach since 1974 in the Chapel Hill area. In 2004, Hurricanes Francis and Jean impacted Florida and there was a great deal of damage and debris, but the debris was picked up within a week. Hurricane Wilma 3 Page 747 of 1037 Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 occurred in 2005 and the debris was gone in about a week to a week and a half. He understood FEMA had made some changes and the City is looking to be reimbursed for debris removal and sometimes use contractors from out of town. He conveyed his wife thanked a crew for the removal and she walked to a second car behind the truck and two guys claimed to be the crew's supervisors. There was a funny aroma from what they were smoking. He understood FEMA is responsible for vegetative pickup, but wanted to know who is responsible for fences, garbage, sinks chairs, couches, etc. He drives through different areas of the neighborhood to and from work and there is still debris after four weeks. He noted the City is collecting $55,000 a month for trash collection. He commented as a business owner, if he did not provide the service, the customer would receive a refund and he wanted to know what was being done. Commissioner McCray referred him to Jeff Livergood, Public Works Director, and advised he has the same problem in District II. Mr. Cwynar replied he met with Mr. Livergood and things were moving along, but he wanted to meet with Commissioner Romelus to show her what was occurring. Commissioner Romelus agreed, but added this issue was not unique to Boynton Beach. She drove from Miami to Broward and it is a slow process. He was advised Mr. Livergood could 'help with the other debris. David Katz, 67 Midwood Lane, explained at the end of August meeting, Commissioner Casello requested a future agenda item to discuss whether registered lobbyists could serve on a City advisory board. Later, the City Commission decided to remove the item. After, Mayor Grant added it back to the agenda hoping to discuss the item at the September 19th meeting, but the rest of the Commission, voted 4-1 to remove the item. He asked if Mayor Grant was concerned about conflicts or perceived conflicts. He asserted his motives were personal and directed at him. Mr. Katz called Jupiter, Wellington, Boca Raton, and Lake Worth and they have no rules precluding any registered lobbyist serving on a City advisory board. He obtained the names of 188 people from the County that are registered to lobby in Boynton Beach, and a list from the City Clerk. Only his name was a registered lobbyist. He has maintained all required registrations under the County Ordinance. In the last three years, he registered four times and one additional time when it was not required and that only occurred once since Mayor Grant was elected. Mr. Katz explained he does not have a full-time lobbying job and there are measures in place to guard against conflicts on the advisory Board level and City Commission level. He commented he would rather be known occasionally as a lobbyist than as a plagiarizer. Chair Grant responded there were two components: one was Robert Rules of Procedure. He felt Mr. Katz being impartial on an Advisory Board and accepting funds as a lobbyist may be a conflict of interest; however, since no one else on the Commission thinks so, the Commission was moving on. Debbie Lytle, 1008 Ocean Drive, thanked the Public Works Department for the awesome job they are doing removing debris, but not so much for the trash. She presented an impromptu Facebook survey on Boynton Beach Raw and the first post was the City's 0 Page 748 of 1037 Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 assets and things they are doing well and received 23 responses. The people like the beach, breweries, Sunshine Square, retirement communities, the Marina, 2 Georges and Banana Boat. Then she posted about the City's flaws and received 153 comments. She noted it appeared the respondents do not attend meetings and have a real voice. The complaints were about the size of the buildings in the downtown and the density in buildings. Restaurants, stores and tourism in the downtown was wanted, but not so much housing. There were complaints about the mall needing to be revitalized. She requested, since the CRA does not cover the mall district, the City address it. The most popular thing at the mall s Christ Fellowship Church, which seems to do well. She works at the coffee shop twice a week and never saw a Commissioner. Another complaint was panhandlers and trash on 1-95 and Boynton Beach Boulevard. The respondents also felt City officials do not listen to residents and the morale is low. She suggested City Hall move to the mall, have a satellite office in the Library, and demolish the downtown and revitalize. She commented she did not think the City needed a multi-million dollar City Hall building. Mayor Grant commented the numbers are one sided as there were 150 responses and 6,800 people on RAW did not respond. She explained it was only for 10 hours. Commissioner McCray noted at one time, there was a satellite office at the Boynton Beach Mall. Karen Reinhart, 424 SW 7th Avenue, a 20 -year resident, agreed with Mr. Cwynar's comments. She explained this was ongoing before the hurricane. She explained one can drive down 7th Avenue on any day and see garbage. The house next to hers has 11 people living in the home and one family lives in a laundry room with no running water. They wash dishes in the rainwater in Tupperware. She called Community Standards and nothing has been done. There are 55 -gallon drums of water behind her home. Seventh Avenue is a dump because no one knows when to put the trash or recyclables curbside and she asserted property owners should know this. She thought it was not fair to the taxpayers that City workers do not pick up trash around the City, only garbage cans. There are tires on 4th Street near the 1-95 wall, and since the hurricane, they have no streetlights on SW 7th Avenue. She called FPL and they did not respond. She contacted Mayor Grant and was disappointed with his response. She was present because she feels taxpayers deserve answers. Mike Fitzpatrick, 175 SW 2nd Street, explained the Florida League of Woman initiative to increase solar rooftops across the State will be in Palm Beach County and begins with a press conference November 1St at 10:30 a.m. at the Pine Jog Environmental Center. They invited the City Commission to the conference and West Palm Beach Mayor, Jeri Muoio will be the keynote speaker. Short comments from all officials in attendance will be appreciated. Two informational meetings have been scheduled for citizens interested in purchasing photovoltaic solar system. The first meeting is Wednesday, November 15th at 6 p.m. at the Boynton Beach City Library. The second meeting will be at the County Vista Government Center. He explained being a member of the solar co-operative is estimated to result in a 20% price reduction due to bulk buying and more efficient scheduling. The co-operative helps pick a preferred installer and will be active for five 5 Page 749 of 1037 Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 months. To -date, 2,000 to 3,000 homes have had solar installed due to the initiative. He invited anyone wanting further information to contact him. Linda Contraras, 1743 N. Congress Avenue, an adjunct professor at Florida Career College was present on behalf of the U.S. citizens of Puerto Rico, the students, and her supervisor, Tamika Morris, and campus president Scott Shaeffer. Ms. Contraras teaches Level 5 Leadership based on a research model that proves the best leaders demonstrate humility. Her students will learn the art of service, being a servant and the meaning of duty. She noted 55% of Puerto Ricans do not have clean water and 14% have cellular service. Only 5% have power and 721 of the 1,100 gas stations are open. Because of the situation, citizens cannot receive the medical attention needed. Many have declining health or will have declining health due to a lack of food and clean water. She announced a fundraising event with food and entertainment on October 28th at Florida Career College on Congress Avenue. She requested the City's support through funding, marketing the event or any other way to support U.S. citizens of Puerto Rico. Olivia Lang, 1743 N. Congress Avenue, spoke on behalf of Puerto Rico and her classmates, commenting it was important for business students to receive hands on experience in fundraising, which would allow them to give back to Boynton Beach. They are asking for support so they can help Puerto Rico and learn a skill that will benefit them all. Mayor Grant suggested she give her contact information to Eleanor Krusell. Tom Spatafora, West Palm Beach Leisureville, explained his brother was recently killed in an car accident. The driver that collided with him complained about pain and EMS gave him a shot to ease his pain. He thought they should have taken a blood sample first to see if he was under the influence of anything, and the shot ruined the case. He wanted the supervisor to issue an order to take a blood sample first. 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 (NN Stu) openings exist: Arts Commission: 2 Alts Building Board of Adjustments & Appeals: 3 Regs and 2 Alts Motion Mayor Grant moved to nominate Mark Karageorge. Commissioner McCray seconded the nomination. L. Page 750 of 1037 Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 Commissioner Casello noted the Commission will discuss whether the Board would be discontinued later in the agenda and he suggested deferring the item. Vote The nomination was unanimously passed. Employee Pension Board: 1 Reg Library Bd: 1 Alt Senior Advisory Bd: 1 Alt B. Consider approving a request from E21- Holdings to assign payment associated with Phase 1 Agreement to Dougherty Funding, LLC. Jim Cherof, City Attorney, explained the item was a request from E2L, for the City to consent to an assignment of their contract for Phase I to Dougherty Funding LLC who is a lender. E21- was looking for funds to pay the development team working on the Town Square project and E2L, as the Lender, wanted to ensure if there was a default under the loan document, that they would have the option to inherit, (not the obligation), the rights of E21- and the contract it has for Phase I with the City. If the option is used, the City would deal with Dougherty Funding LLC or their assignees to continue to perform the work specified in the contract, that E21- would otherwise do. It is possible that Dougherty funding will not exercise its right to take over the contract and would allow E2L to continue to perform under the agreement, notwithstanding the default under the loan agreement. Commissioner Casello requested clarification. Attorney Cherof explained the City is consenting to a third party lending the money to E21- for Phase I in exchange for allowing the third party to inherit the contract if E21- defaults. If a default occurred, the City has recourse under the agreement. Currently, the City has no monetary obligation, until the completion of Phase I, and the election of rights to continue. Motion Vice Mayor Katz moved to approve. Commissioner Romelus seconded the motion. Vote The motion passed 4-1. (Commissioner McCray dissenting.) 6. CONSENT AGENDA 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 7 Page 751 of 1037 Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 A. PROPOSED RESOLUTION NO. R17-090 -Authorize the City Manager to sign a service agreement extension with Motorola, Inc. in the amount of $3,042.74 for the continued maintenance and repair of existing radio telecommunications systems as a sole source vendor for the time period October 1, 2017 thru November 30, 2017. B. PROPOSED RESOLUTION NO. R17-091 - Authorize the City Manager to sign a Subscription Agreement with American Funding Innovators, Inc. for an annual amount of $7,300, for the service period of November 1, 2017 — October 31, 2018. C. PROPOSED RESOLUTION NO. R17-092 - Authorize the City Manager or designee to sign all documents associated with the acceptance of the Victims of Crime Act (VOCA) grant for the 2017-2018 funding cycle in the amount of $63,759 subject to the approval of the City Attorney. D. Approve the one-year extension for RFPs/Bids and/ or piggybacks for the procurement of services and/or commodities as described in the written report for October 3, 2017 - "Request for Extensions and/or Piggybacks". E. Approve the minutes from the Regular City Commission meeting held on September 7, 2017. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 — None 8. COMMUNITY STANDARDS 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 Page 752 of 1037 Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 11. UNFINISHED BUSINESS — None 12. NEW BUSINESS A. Approve the Right of Way dedication of 7.5 feet of property along the southern property boundary of the property located at 711 N. Federal Highway to the City of Boynton Beach as approved by the Community Redevelopment Agency (CRA) on August 8, 2017. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. B. The Mayor has requested to discuss the possibility of a resolution by the City in support of development of a boat lift at the C51 canal. Robert Shalhoub, President Pro Tem of Lake Clarke Shores to participate in discussion. Robert Shalhoub, President Pro Tem, Lake Clark Shores, explained the concept arose four years ago. There are five chains of lakes comprising about 23 miles along the ICW, but there is no access to the salt water Intracoastal. The spillway between West Palm Beach and Lake Worth is the best location for ICW access. Mr. Shalhoub went to Tallahassee two years ago and obtained $287,000 for the engineering and design of the lift, which was completed. They approached the Board of City Commissioners seeking a line item request of about $25,000 as seed money to make application for a permit and was successful. They need to have an entity sign the application. The South Florida Water Management District (SFWMD) and the Florida League of Cities supported the application and passed a resolution of support, as did 15 other communities. The Treasure Coast Regional Planning Council conducted a study in January 2015 and it suggested if the ICW goes through, there will be an increase in ad valorem taxes in Palm Beach County of $30 million to $ 75 million annually. It will be an engine to encourage economic development along the ICW, West Palm Beach, and Lake Worth. Mr. Shalhoub explained all the municipalities on the chain of lakes has a vested interest in the item. The lift can handle boats that are no more than 23.5 feet. The height of the boat can be no more than 5.5 feet from the water level to the boat canopy. About 80% of boats registered in Palm Beach County can access the ICW with these measurements. Twenty- four cities did not sign on. Commissioner McCray recalled the City Commission supported the item when it was first introduced. The lift will be on the north side of Lake Worth at Spillway Park. An interlocal agreement has to be entered into with the SFWMD, the City of Lake Worth and Palm Beach County. Mayor Triolo supports it and wants the County to assume full responsibility for the project. P* Page 753 of 1037 Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 Commissioner McCray noted the staging of boats will not be a problem and asked about the boat trailers. Mr. Shalhoub explained there is no access and boaters will have to get in the queue. There will also be access for non -motorized watercraft such as canoes and paddleboard. Seado's and jet skis were not contemplated at this time. Mayor Grant favored the request as the City is on the chain of lakes and now boaters can go to 2 Georges and Banana Boat. He also hoped the County would raise the height of the bridges over the chain of lakes as he had heard that sometimes boats could not get through during high tide. He commented the request was a benefit to the County and City and to increase the Biueways in Palm Beach County. Mr. Shalhoub had flyers he distributed to the City Commission. Mayor Grant opened public comment. No one came forward.. Motion Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. C. Discussion relating to the Building Board of Adjustment and Appeals Board as to establishment, duties and future. Attorney Cherof explained the meeting backup includes the City of Boynton Beach local amendments to the Florida Building Code, describing the responsibilities and the Board's scope of authority. It was created prior to the previous Building Code, which evolved into the Florida Building Code. The Board meets infrequently and only when there is a specific appeal if someone challenges the interpretation of building official or city administrator. In the last few years, the Board only met two or three times. When the Building Code was different, they met more frequently. Commissioner Romelus asked Mr. Mack if he foresaw future changes. Andrew Mack, Development Director, explained in nine years, the Board met 10 to 12 times. Specifically, the Board reviews appeals as part of due process through Business Tax or the Building Code. Commissioner McCray asked if the Board was a viable asset to the City. Mr. Mack explained the idea that they meet infrequently is a good thing. The Board gives the community a voice and there are contractors and attorneys on the Board that make rulings. The Board is advisory and makes a finding that is only appealable to the court. It is not a redundant Board. The Building Department can only give a certain amount of permit extensions for certain applications. During the economic downturn, there were times the Board granted further extensions. Another issue the Board may review is whether the Building Official is interpreting the Code correctly The Board provides a viable service. Page 754 of 1037 Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 Commissioner Romelus asked about the membership of the Board and learned the Board has five regular and two alternate members. Only one alternate position was open. Mr. Karageorge's position would be an alternate. Commissioner Romelus thought he was appointed as a regular member and noted there was a discrepancy. Mr. Howard agreed to consult with the City Clerk. Commissioner McCray requested receiving the correct information as soon as possible. Mayor Grant asked for a vote. There was consensus to continue the Board. Discussion and final vote where the Police Department Building will be located Commissioner Casello explained the City has been discussing the Town Square, the lay out of the project, and relocating the Fire and Police Stations. A previous Commission had purchased land on High Ridge Road a future Police Station. Commissioner Casello opined things have changed over the years and it may have been a good idea then, but it was not a good idea now. He thought the Police Station should be in the community they serve. Any City he visited had the Station in the downtown area. He noted the High Ridge parcel is valuable and three businesses would put an offer in next week for the property. The entities were a hotel, a Wawa, and a market to table restaurant. The entities would negotiate and pay and the land would be tax revenue producing parcel. He explained the City should grow its tax base if it is going to sustain the services. The Police and Fire Departments take up 68% of the City's general funds. Commissioner Casello had a map of the CRA district and thought in prior discussions, a few Commissioners agreed the Police Department should be on the east side of the City. He thought it was common sense and was the right location. One suggestion was to place the Police Station next to the new Fire Station, but there was not enough square footage. He spoke to Mike Simon, CRA Executive Director, and was aware the CRA issued an RFP for the Ocean Breeze East land and a respondent was selected to build workforce housing, but he also noted the RFP for the Cottage District did not receive any response. He wanted the City Commission reconsider the location. He did not want to delay the Town Square, but he thought the Commission had to think outside the box and there was nothing more productive than having the Police Station in the same area of the community that needed to be served. He noted development on MLK Jr. Boulevard and in the Heart of Boynton and that the City Commission has been discussing development for 20 years. He thought the MLK corridor would not develop unless the residents in that area feel safe and comfortable and he noted 99% of the people who live in the area are good people. He thought the City Commission should reconsider the High Ridge property, which would produce revenue for years, and the Commission consider other sites such as the Cottage District and/or the current post office location. It was important to keep the Police Department on the east side of the City. Commissioner McCray took offense about the phrase " ... the community that needs to be served" and announced he represents the entire City. He was not in favor of the Cottage District being used for a Police Station that would uproot citizens with 11 Page 755 of 1037 Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 homesteads. He advised he sat on the Board when the land was purchased and they promised the citizens it would be the Fire and Safety Complex. It was fine that it was across 1-95 and it was still fine. He objected to Commissioner Casello commenting the people in District II need the Police Department more than anyone else. He emphasized all the citizens need the Police Department in Boynton Beach. Commissioner Casello respectfully disagreed and asserted the statistics showed a greater Police presence was needed there. He pointed out a mother can be shot in a convenience store in broad daylight with 15 people present and no one see's anything, or when three people are shot on a Saturday afternoon on 4th Street and no one see's anything. He thought the new business on MLK Jr. Boulevard has to lock their restrooms because of people overdosing. He thought if development along MLK Jr. Boulevard was wanted, something to stabilize the neighborhood was needed and there was nothing. He did not want to be beholden to a prior Commission who thought putting a Police Station on an industrial road off a main road was a good idea because it was not. He asked for an example of a Police Station being in an industrial area. Commissioner McCray explained a Police Station does not deter crime; it is more Officers being present. He has been stating so and would continue do so. He announced he would not vote for the Town Square project if the Commission places the Police Station in District II. He commented the residents in District II should not be displaced and he disputed more businesses would come to the Heart of Boynton (HOB) is there was a Police Station. He asserted more businesses would come to the HOB as it is developed. Brian Fitzpatrick, 409 NE 16t Street, a long-time resident and owner explained very little changed and he agreed with Commissioner Caselio's recommendation. He did not think the Cottage District was appropriate and suggested Ocean Breeze East may be a suitable location for a Police Station. He suggested City Hall could be combined with the Police and Fire Departments. He was at the CRA meeting and there were people making offers to develop CRA owned or City -owned property and buy the land for $10. He thought the lane on High Ridge Road was prime real estate the City should sell. As a homeowner in the Heart of Boynton, he thought a Police Station on MILK Jr. Boulevard would be an asset in developing the MLK Corridor. He thought the City Commission should reconsider their decision. He had real concerns with a Police Station on High Ridge Road heading east bound on Boynton Beach Boulevard and their ability to timely respond due to the traffic. David Merker, 8 Southport, Boynton Beach, suggested asking the Police Chief and Officers what is best for them. He agreed with Commissioner McCray's comments regarding what could be improved to help the people and agreed they need the Police to walk the streets and have a presence. Woodrow Hay, 4237 NE 5th Avenue, agreed with Commissioner McCray and pointed out it did not matter where the Police Department was located because the Police are not at the Station; they are in the community. Officers do not sit around the Police Department. He heard Commissioner Casello's comments, but unless something changed since it was discussed, he would like to hear from Chief Katz. He reiterated when the issue was 11K Page 756 of 1037 Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 discussed, the location of the Station did not matter, only that more Officers on the street interacting in the community were needed to make a difference. He pointed out that was implemented and they have done a good job. Their presence just needed to be expanded. Barbara Ready, 329 SW 13th Avenue, agreed with Commissioner Casello. From an economic standpoint, the decision to sell the parcel and add to the tax rolls would make sense. She thought the City Commission was overdeveloping the downtown to add to the tax rolls and the City sacrificed too many parcels in Quantum Park, which was supposed to be an industrial area. The City has too many charter schools and non -profits in the industrial area. If the City spends less on the Police Department, the City can hire more Officers. She feels safe as a member of Forest Park Neighborhood and she explained the last time they had discussed moving the Police Department out of the neighborhood, the neighborhood objected and wanted the Station to remain on the east side of the City. She favored selling the parcel on High Ridge Road and finding another location. Officers are out in the community and not at Station so a fancy Police Station was not needed. Linda Contraras, 1743 Congress Avenue, teaches in Boynton Beach but does not live in the City. She recommended the Police have training to de-escalate situations, because if that does not occur, wherever the Station is located, especially in high crime areas, it is a disaster. Mayor Grant asked Jeff Katz, Police Chief, about the pros and cons for each site; those being the High Ridge Road site next to the Fire Department, having easy access to 1-95 and the western area, and a location on the eastern side having greater access on Seacrest Boulevard and Federal Highway to access the north and south side of the City. He noted Boynton Beach is more of a north/south city as opposed to an east/west City. Chief Katz first announced that all Police personnel have gone through de-escalation training. Chief Katz advised there are pros and cons to both locations. He advocated for the High Ridge site mostly because when they purchased the site and planned to place the Police Department site, he envisioned the Station there. He recognized there are other opportunities and unlike the Fire Station, Officers do not deploy from the Station itself. The Officers are mobile in the community. They need a new Police Station as they have outgrown the current one. They will be thankful for a new Station wherever it is situated. Both sites at Ocean Breeze East and the High Ridge Area would work. His concerns regarding a Station pertained to terrorism and how to secure the facility. Even if not a fancy Station, it a multi-million government project, and he publically expressed his concerns of the vulnerability of a truck bomb. The High Ridge site provides physical security and some cover from hurricane winds from the east. If a quarter of the Police Department is there during a national disaster, they are concerned about high sea levels, storm surges and winds and in his opinion, he did not want them in a Station east of 1-95 as it relates to a storm. Terrorism risks could be mitigated. He thought the sites suggested would provide sufficient access to thoroughfares. 13 Page 757 of 1037 Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 Commissioner Casello understood the new Station is a category four structure. They discussed hardening a specific area of the Station to withstand a category five hurricane where the employees would be quartered. He asked if Chief Katz would feel safe if such a building was located at either site and learned there are different risks. As it relates to a storm surge, it did not matter what category the building was because of flooding as occurred in Miami. He pointed out the City is looking at a 50 -year facility and has to consider what the environment will be like, what sea levels will be and what the intensity of storm would be during the next 50 years. He read reports that Florida may be underwater in 50 years. He thought the High Ridge site was the better location as he has to look after the welfare of Officers in that context. Commissioner Casello asked if Chief Katz thought traffic across Gateway Boulevard between 4:30 and 6 p.m. was a problem and learned the Chief agreed. Commissioner Casello also commented the Chief had previously said he wanted community involvement, and to be community oriented. He asked how this would occur at the High Ridge Station. Chief Katz explained they have little interaction with community at the current Police Station and much of it has to do with space constraints. It was' however, a goal with the new Station as it is a hallmark of all modern Police facilities to have a gathering space for members of the community to meet and interact with the Police. Commissioner Casello queried how the community would be more apt to visit a Police facility on the east side of the City or High Ridge Road, but Chief Katz would not speculate. Chief Katz explained they have 215 employees and most of them work during the daytime. Mayor Grant noted Commissioner Casello was aware of three parties ready to buy the property on High Ridge Road and commented that is not how governments normally work. Before and after Hurricane Irma, he went to the Emergency Operations Center (EOC) and thought it is the best to be together and it is the safest for the entire City. Commissioner Casello explained he was also at the EOC during Hurricanes Matthew and Irma and all went smoothly. He did not see how having a Police Department across the driveway to the Fire Departments correlated to better safety. The building was discussed as a community -type, public safety building. He did not think it was about Officers riding on segways or foot patrols or Police presence. He contended just because Chief Katz envisioned it there because it was planned for 20 years ago did not make it the best location. He wanted out of the box thinking and asked the City Commission to get the community involved. He predicted the MLK Corridor development would be discussed for the next 10 Commissions and commented not one developer has come forward to build in the area without Tax Increment Finance incentives. He supported giving the residents a sense of security knowing they made an investment to keep them safe. Commissioner Romelus spoke to individuals from District II and they do not want a Police Station there. They want a Police presence, but not a Station. A Police Station can be anywhere, as Officers constantly patrol and are dispatched when needed. As to using a 14 Page 758 of 1037 Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 site like Ocean Breeze East or the Cottage District for a Station, she pointed out it would diminish opportunities for affordable, workforce or market -rate housing and put a government facility that will not generate tax in the middle of a residential district. She would rather it be in an industrial or commercial district than in a residential area. A Commissioner's job is to listen to its constituency and they do not want government buildings in a residential district. Chief Katz spoke about terror and disasters, and pointed out the High Ridge location offers protection over the other locations and has an advantage over Ocean Breeze East and the Cottage District. She understood the City could make millions from the sale of the High Ridge site, but she has not been contacted by any entity to build at High Ridge. She indicated serious entities would contact the entire Commission. Commissioner McCray explained District II already has the Public Works Complex in the middle of a neighborhood and the City was trying to move Public Works out so the community could expand. He keeps hearing about community involvement and advised if the Station is on High Ridge Road, the community will get there if they have a meeting as residents do drive. Mayor Grant thought a Police Station would not bring development to the MILK Jr. Boulevard. He thought having affordable and workforce housing would cause the area to thrive and people would use the commercial establishments. He thought there would be commercial activity on MLK Jr. Boulevard by the time he leaves office. Vice Mayor Katz commented this item was discussed a few times this year and he did not disagree fundamentally with anything Commissioner Casello said. He made the same argument in past discussions. In terms of the tax value, building a Station on low value residential land would forgo a small about of tax value whereas with High Ridge, the City would forgo a significant amount because it is a multi-million dollar site. Regarding coverage, the Police roam the City in the various districts, but they have to come and go to the Station, which means there is increased Police activity in the area. He commented only he and Commissioner Casello entertained the possibility of having a Station in the northeast area. The factor for Vice Mayor Katz was time, as time is going by, they made a commitment to Ocean Breeze East for affordable housing and he adhere to the CRA's decision. Ocean Breeze East will be affordable housing or nothing and he will not vote to put anything there. He commented there are only a few homes on the Cottage District parcel that could accommodate a few dozen homes. He did not see the Station displacing anyone, and the time to vote for its location on High Ridge Road had expired. He agreed with the valid arguments from Commissioner Casello, but he could not support it as conditions have changed regarding alternative options and proximity to the development for the Town Square. He did not see an alternative plan gaining support due to the lack of votes although he believed it was the best decision. Commissioner Casello explained the land on High Ridge was more valuable. The CRA received a letter of interest for Cottage District land for $10, plus Tax Increment Funds to help construct the home. It served no tax purpose for the City or CRA. The High Ridge 15 Page 759 of 1037 Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 parcel was not up for grabs. He commented the City Administration made it clear to him to not to gunk up the works for Town Square project by bringing in the High Ridge parcel and the City Manager may have imparted the same to all members at some point that High Ridge was the place the Police Station had to go. He asked the members to step back and look at the overall picture. Commissioner Romelus agreed the land on High Ridge is more valuable, but she did not see the alternative. It will not be Ocean Breeze East as the CRA made a commitment or the Cottage District, which is land locked. She was and still was open, but she did not see any viable options on the east side of the City. There was no seller willing to sell so the Cottage District property would remain land locked and the time period to negotiate a sale would not be viable for the project in place. At this point, although it was not the direction she wanted to take, she preferred the Police Station at the High Ridge site. Commissioner Casello explained he met with the CRA Director and it was agreed the Cottage District could accommodate the Police Station as the CRA already owns the land. Mayor Grant agreed the land at High Ridge was worth more, but pointed property values increased 5% each year for the past six years. Trying to make one parcel more valuable would deter from the rest of the City. The City wants the downtown area to be east of 95 along Ocean Avenue and to build the corridor from Woolbright and Federal to Boynton Beach Boulevard and Federal, out west to the Boynton Beach Art District. He wanted to have that serve as the downtown area and to accomplish that goal, affordable and workforce housing was needed and planned. The City is growing quickly. The Commission was moving along with the plan they started when the three new Commissioners were elected. He favored putting the Police Station at the High Ridge location. Commissioner McCray explained the City owns the land for the Cottage District and the land at High Ridge. He advised he was not told "not to gunk up the Town Square project", nor did any developer speak to him about putting anything at the High Ridge site. Vice Mayor Katz explained it appears to be a 4-1 vote on the matter. He suggested, with regard to this discussion and the talk about increasing security and the needs of the northeastern portion of the City, that the City Commission request a plan from Chief Katz to address this issue because the topic comes up on a regular basis. There is violent crime usually in that area of the City and he hears people say they do not want a Station, but they want more Officers, and when the Officers are there, they say they do not the Police to harass or arrest anyone. He did not see a solution. He also hears the community will handle it, but pointed out no group of civilians is capable of dealing with hardened, violent, drug crimes. He thought a discussion and a plan from Chief Katz to address the issue was needed. The Police Station will not be there. There is contradictory talk about not wanting Police interference with the community's activities and people are not capable of dealing with the issue. 16 Page 760 of 1037 Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 At a future date, Vice Mayor Katz wanted a plan and a cost estimate, and if it is expensive to address crime in that portion of the City, they have to figure out a way to pay for it. He wants to see development occur in northeast Boynton and it will snowball into broader development of that portion of the City, but no one will develop anything if there is fear of being shot at on a regular basis. The Police are doing all they can and he wanted to allocate more funds if more resources are needed. Mayor Grant noted there is a lobbyist for ATS and he will reach out to ATS to see what they can do to help with the cameras in the future. Commissioner Casello noted he had already asked the City Manager to put the cameras on a future agenda. Chief Katz expressed the department's appreciation and reported they are making inroads and bridging gaps in the community regarding trust. Technical resources and money thrown at the problem will not address the issue. A few weeks ago, before his command staff had notified him about a homicide, a stakeholder in the community texted him and told him the name of the victim and who committed the homicide, based on the word on the street. Independent of that, the investigation led to the same conclusion. He would be more than glad to furnish a list of the Department's needs, but wanted to keep it realistic and be honest as they have a responsibility to handle the situation in a reasonable fashion. He apprised the Commission it was more of community engagement and doing so with the CRA. During the hurricane deployment, over 70 Officers were working and they had a homicide. It is not necessarily the number of people working at any particular time; it is the actions of the community. It creates an environment where the community and the Department are united. That would be the plan he would submit. The department has to bond with the community and the community has to be a willing partner with the Police to keep itself safe. Commissioner Romelus thanked Chief Katz for his honesty and advised the City is finally at the point to meet the situation head on. She noted there have been recent situations that have eroded that trust. She agreed the issue was not necessarily something money or a Police Station could solve. Inroads to continue to build relationships and communication are needed to have great eyes and ears in the community. Commissioner McCray thanked Chief Katz and the Officers and noted he immediately gets a text message to alert him what is occurring in District Il. Commissioner Casello also complimented the Police. He commented when looking at how some of the less fortunate neighborhoods got started, there was some type of public safety building such as a Fire, Police Station or a courthouse. He referenced Delray Beach and thought the Commission has to focus and think out of the box for the next 20 years. Brian Fitzpatrick thanked Chief Katz and explained one positive benefit regarding W. Atlantic Avenue was it created a community Police Station. He felt an approachable Police Station was one that residents could walk too and commented the majority of residents in District II do not have a vehicle. He asked the City Commission to reconsider. itl Page 761 of 1037 Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 Motion Commissioner Casello moved to reconsider the High Ridge parcel for the Police Department and look at other the alternatives that were discussed. Vice Mayor Katz seconded the motion. Vote The motion failed 1-4 (Mayor Grant, Vice Mayor Katz, Commissioner Romelus and Commissioner McCray dissenting.) Commissioner McCray requested clarification the location of the Police Department will be on High Ridge Road and learned it was just voted on. Commissioner Casello mentioned to Lori LaVerriere, City Manager and Tim Howard, Assistant City Manager, that ATS had made some promises to the City regarding License Plate Readers (LPRs) and he thought they mentioned there would be 14 or 15 LPR. He would like for them to talk to the City Commission when they would implement it and thought ATS said they would be free. He wanted to learn were they would be located. Mayor Grant requested a motion to add a discussion with ATS to a future agenda item. Commissioner McCray also wanted the discussion with ATS to include lights on NE 2"d Avenue. Motion Commissioner Casello moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. The item would be item 14 K on the next agenda. 13. LEGAL — None 14. FUTURE AGENDA ITEMS A. Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article Il, Definitions and Chapter 3, Article IV, Section 3.D, Table 3-28, Use Matrix and Footnote #57 to add definitions, use provisions, and standards that regulate the medical marijuana dispensary industry. - October 17, 2017 B. Approve 711 North Federal Highway Abandonment (ABAN 17-007) allowing the abandonment of a portion of the alley immediately west of 711 North Federal Highway, and immediately north of NE 6th Avenue. Applicant: Michael Simon, m Page 762 of 1037 Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 Executive Director of the Boynton Beach Community Redevelopment Agency (CRA). - October 17, 2017 C. Approve Courtyard Gardens Major Site Plan Modification (MSPM 17-007) for a one-story, 51,258 square foot inpatient medical facility with memory care and related site improvements at 3005 S. Congress Avenue, in the C-3 (Community Commercial) zoning district. Applicant: Joni Brinkman, Urban Design Kilday Associates. - October 17, 2017 D. Staff to bring information concerning disposing of City -owned land - October 17, 2017. E. Discussion of number of boards people are allowed to serve on at one time, attendance policies, eligibility rules and qualification of members for all boards. - October 17, 2017 F. Presentation and adoption of FY 17/18 Strategic Plan Initiatives - October 17, 2017. G. Staff to review and report concerning Florida Textile Recycling, LLC. FTR, LLC which provides automated clothing recycling as a non-profit corporation and provides funding to agencies for other non-profit uses - November 7, 2017. H. Staff will prepare a list of legislative priorities for the 2018 legislative session for the Commission's input and approval. - November 7, 2017 I. Staff to research possibility of allowing dogs at the beach during certain hours and bring back to Commission — TBD J. PROPOSED ORDINANCE NO. 17-021 - SECOND READING - Approve Town Square Future Land Use Map Amendment from Public and Private Governmentalhnstitutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezone from PU Public Usage, REC Recreation and R-3 Multifamily to MU -3 Mixed Use 3 zoning district. C ity-i n itiated. (First Reading approved 8/15, Second Reading Pending Fl. Dept. of Economic Opportunity approval, which takes approximately 2 to 4 months.) PROPOSED ORDINANCE NO. 17-022 - SECOND READING - Amending Ordinance 02-013 to Rezone a Parcel of Land Described Herein and Commonly Referred to as Town Square From Public Usage (Pu); Recreation (Rec) And Multifamily (R-3) to Mixed Use 3 (Mu -3). 19 Page 763 of 1037 Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 15.ADJOURNMENT Motion There being no further business to discuss, Vice Mayor Katz moved to adjourn. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 3:23 p.m. ATTEST Queenester Nieves Deputy City Clerk 4 Catherine Cherry Minutes Specialist 20 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor - Justin Katz Commissioner - Mack McCray Commissioner - Christina Romelus Commissioner - Joe Casello Page 764 of 1037 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 for an estimated annual amount of $225,000. 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 2018 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 2017 expenditures were $170,477.00 ALTERNATIVES: The City could issue its own bid for this equipment. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 765 of 1037 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Contract D Amendment Fff,=, 41 Description Contract Contract Amendment Contract Amendment 2 Page 766 of 1037 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 767 of 1037 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 771 of 1037 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 772 of 1037 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 773 of 1037 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 774 of 1037 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 775 of 1037 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 776 of 1037 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 777 of 1037 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 778 of 1037 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 779 of 1037 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 780 of 1037 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 781 of 1037 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 782 of 1037 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 783 of 1037 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 784 of 1037 (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 785 of 1037 (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 786 of 1037 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 787 of 1037 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 788 of 1037 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 789 of 1037 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 790 of 1037 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 791 of 1037 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 792 of 1037 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 793 of 1037 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 794 of 1037 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 795 of 1037 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 796 of 1037 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 797 of 1037 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 798 of 1037 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 799 of 1037 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 800 of 1037 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 801 of 1037 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 802 of 1037 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 803 of 1037 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 804 of 1037 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 805 of 1037 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 806 of 1037 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 807 of 1037 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 808 of 1037 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 809 of 1037 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 810 of 1037 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 811 of 1037 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 812 of 1037 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 813 of 1037 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 814 of 1037 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 815 of 1037 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 816 of 1037 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 817 of 1037 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 818 of 1037 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 819 of 1037 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 820 of 1037 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 821 of 1037 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 822 of 1037 1 City Hall City Of Miami i C........., f 3500 Pan American Drive Miami, FL 33133 E �i r www.miamigov.com Is Ac 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 823 of 1037 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 Keon 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 824 of 1037 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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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 828 of 1037 Titj I _j of *H C O N T R A C T A W A R D AMEND MIENT NO.2 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. 1620 NW 8211 Ave. Doral, FL 33126 Contact: Mark Sevigny Phone: (800) 854-5536 Email: msevigny(a),1dss.com LESC, Inc. d/b/a Law Enforcement Supply 6601 Lyons Rd., Suite H-3 Coconut Creek, FL 33073 Contact: Jose Ferrando Phone: (954) 428-3776 x5203 Fax: (954) 834-2490 Email: Iferrando(a,)lawsupply.com Signal Technology Enterprises 420 West 27th Street Hialeah, FL 33010 Contact: Albert Espinosa Phone: (305) 986-1373 Email: fireal(o),me.com SECTION #2 — AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES CC AWARD DATE: JANUARY 14, 2016 AMENDED AMOUNT: N/A RESOLUTION NO: 16-0009 INSURANCE REQUIREMENTS: YES TOTAL CONTRACT AMOUNT: N/A PERFORMANCE BOND: N/A APPLICABLE ORDINANCES: N/A Notes: Per Section 2.22 Additions/Deletions of Suppliers/Facilities/Items/Services the following has been added to Dana Safety Supply catalog: Authorized distributor: Jotto Desk/Patriot/Kodiak Minimum discount 25% SECTION #3 - REQUESTING DEPARTMENT 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 Fax: (305) 400-5390 Prepared By: Aimee Gandarilla, 5/18/17 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. MIAM IGOV.COM/PROCUREM ENT Page 829 of 1037 7.B. REQUESTED ACTION BY COMMISSION: Approve utilizing the City of Delray's Agreement based on ITB #2017-047 for the procurement of bulk gasoline and diesel fuel with MacMillan Oil Company, LLC of Hialeah, FL for the City's fleet with an annual estimated expenditure of $1,500,000. The City of Delray's procurement process satisfies the City of Boynton Beach's competitive bid requirements. EXPLANATION OF REQUEST: Term: October 1, 2017 - September 30, 2018 Delray Agreement Term: June 7, 2017 - June 6, 2010 The Fleet Maintenance Division is requesting the authorization to procure bulk diesel and gasoline throughout the length of City of Delray's Contract ITB 2017-047, contract period is June 7, 2017 - June 6, 2020 with one, two year option to renew. (Exhibit 1, Awarded Contract) (Exhibit 2, City of Delray Email Authorization) Historical Data indicated the City of Boynton Beach has purchased: • $1,057,694 of fuel in fiscal year 2014/15 • $807,948 of fuel in fiscal year 2015/16 • $727,847 fiscal year 2016/17 Macmillan will be the primary vendor for the purchase of diesel and unleaded fuel HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Fleet Maintenance division will ensure gasoline and diesel are kept at optimum levels at all times. Fleet Maintenance orders and monitors fuel inventory. FISCAL IMPACT: Budgeted Fleet Maintenance estimates an annual expenditure of $1,500,000 from Fleet Maintenance account #501-2516-519-52-10 per fiscal year ALTERNATIVES: Not utilize this agreement and either utilize another agreement or the City to issue it's own bid. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Page 830 of 1037 Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: MacMillan Oil Company START DATE: 6/7/2017 END DATE: 6/6/2020 CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: Yes EXTENSION EXPLANATION: One, two year option to renew ATTACHMENTS: Type D Addendum Fbi 0 0 W, I ro. MTO F&1•Wri I ro. M TO Description Exhibit 1 ® Awarded Contract Exhibit 2 ® City of Delray each ® Email Authorization Exhibit 3 ® MacMillan Oil Company ® Letter of Authorization Page 831 of 1037 l{�1i14� Ff � y r� 1 i CITY OF DELRAY BEACH 100 N.W.1 U , DELRAY BEACH, FL. 33444 Bid Opening ..a April 1 • !! PM ET Awarded Supplier: ICompany, Petroleuma! Corporation, SecondarySupplier Notes: Awarded by Commission on June e 2017 F 1 , (Posted June Ph. 2017) Page 832 of 1037 Page 833 of 1037 AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND MACMILLAN OIL COMPANY, LLC FOR This is an Agreement ("Agreemenr), made and entered into by and between: Delray Beach, a municipal corporation of the State of Florida, hereinafter referred to as Ncity'll and Macmillan Oil Company, LLC, a Florida Limited Liability Corporation, hereinafter referred to as "Contractor," (collectively referred to as the Parties). MI SETH: In consideration of the mutual terms, conditions, promises, covenants, and ��ayments hereinafter set forth, the Parties agree as follows: The following definitions apply unless the context in which the word or phrase ised requires a different definition: 1.1 Agreement - This Agreement Includes Articles 1 through 12, the exhibits a documents that are expressly Incorporated herein by reference. 1.2 Commission - The City Commission of Delray Beach, Florida. 1.3 Contract Administrator - The Delray Beach City Manager or designee. T primary responsibilities of the Contract Administrator are to coordinate a communicate With Contractor and to manage and supervise execution a completion of the Scope of Services and the terms and conditions of th Agreement as set forth herein. In the administration of this Agreement, contrasted with matters of policy, all Parties may rely on the instructions 1110=11;im-r,�I Page 834 of 1037 III] J'r�14 Lail 111 11111111 11111 Jill 111111111111111111111 IIIIIIIIIIIIIIIIIIII J! 11-1-1 FRI 3i. 1.6 Project - The Project consists of the services described in Exhibit A, Scope Services. I 2.1 Contractor shall perform all work identified in this Agreement and Exhibit A, Sco of Services. The Scope of Services is a description of Contractors obligations a responsibilities and is deemed to include preliminary considerations a prerequisites, and all labor, materials, equipment, and tasks which are such inseparable part of the work described that exclusion would render performan by Contractor Impractical. I 3.2 In the event services are scheduled to end due to the expiration of this Agreement, the Contractor agrees that it shall continue service upon written request by City. The Contractor shall be compensated for the service at the rate in effect when th-Z extension is invoked by the City upon the same terms and condons as contained in this Agreement as amended. The Chief Purchasing Officer shall ni Contractor of an extension authodzed herein by written notice delivered prior U. the end of the term of the Agreement. 21 P a g Purdiase and Dallvey of Bulk Gasollne and DWW Fuel Agreernard Page 835 of 1037 4.1 City will pay Contractor, in the manner speced in Sectionthe total amount not to exceed Seven Hundred Sixty Thousand Dollars ($760,000.00) per year for work actually performed and completed pursuant to this Agreement, which amount shall be accepted by Contractor as full compensation for all such services and in accordance with Exhibit D, Schedule of Pricing. Contractor acknowledges that this amount Is the maximum payable and constitutes a limitation upon City's obligation to compensate Contractor for Its services related to this Agreement. This maximum amount, however, does not constitute a limitation, of any sort, upon Contractor's obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. oil 4.2.1 Contractor may submit Invoices for compensation no more often than on a monthly basis, but only after the services for which the invoices are submitted have been completed. An original invoice plus one copy are due within fifteen (15) days of the end of the month except the final invoice which must be received no later than sixty (60) days after this Agreement expires. Invoices shall designate the nature of the services performed. Contractor shall submit with each invoice a Certcation of Payments to Subcontractors and Suppliers (Exhibit B). The cercation shall be accompanied by a copy of the notification sent to each subcontractor and supplier listed in item 2 of the form, explaining the good cause why any such payment has not been made. 4.2.2 City shall pay Contractor wn thirty (30) calendar days of receipt of Contractor's proper invoice, or as required by Florida Law. To be deemed proper, all invoices must comply with the requirements set forth In this Agreement and must be submitted on the form and pursuant to instructions prescribed by the Contract Administrator. Payment may be withheld for failure of Contractor to comply with a term, condition, or requirement of this Agreement. M M,17= J* =77 71V7F;Lr-Tr-,7-jT-7"j �t 31 Page 836 of 1037 I a I I 143 111110 [ 00 INNSE 7C M =7 - - p - Agreement. The amount withheld shall not be subject to payment of interest by city. Contractor shall at all times hereafter indemnify, hold harmless and, at the City 6.1 Contractor shall maintain at its sole expense, at all times during the term of th Agreement (unless a different time period is othervAse stated herein), at least t minimum insurance coverage designated in Exhibit C in accordance withrt terms and conditions stq "M 6 I'M TTM, T IIT W466 SiN II AU vi 11; 11 rW;;Mq:: 7urchese and Delivery of Bulk Gasoline and Diesel Fuel AgreenwA 41P Page 837 of 1037 7 1.3 Within fifteen (15) days of nocation of award, Contractor shall provide to CUT proof of insurance In the form of Cartificate(s) of Insurance and applicab endorsements, Declaration pages, or insurance policies evidencing all insuran required by this Article. City reserves the right to obtain a cerfified copy of a policies required by the Article upon request. Coverage is not to cease and Is remain in force until the City determines all performance required of Contractor completed. For Professional Liability Insurance, coverage shall remain in fbome two (2) years after the completion of services unless a different time period stated in Exhibit C. City shall be notified of any restriction or cancellation 4. coverage within thirty (30) days. If any of the Insurance coverage will expire pM to the completion of the work, proof of insurance renewal shall be provided to CaA upon expiration. 41 ln�-- 6.4 City reserves the dght to review and revise any insurance requirements at the t. of renewal or amendment of this Agreement, Including, but not limited deductibles, limb, coverage, and endorsements. �1 7.1 This Agreement may be terminated for cause by the aggrieved party if the party 2 M reach has not coffected the breach within ten (10) days after receipt of VwMdttEM notice from the aggrieved party Identifying the breach. This Agreement may al be terminated for convenience by the Commission. i F 3 f"M I I Zi"no : 4 , t ; ;1* 6 I WOWS 411 lum Page 838 of 1037 shall be effective thirty (30) days after such notice of termination for cause is provided. 7.2 This Agreement may be terminated for cause for reasons including, but not limited to, Contractor's repeated (whether negligent or intentional) submission for payment of false or incorrect bills or invoices, failure to suitably perform the work, or failure to continuously perform the work in a manner calculated to meet or accomplish the objectives as set forth in this Agreement. The Agreement may also be terminated for cause if the Contractor is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes, or If the Contractor provides a false cercation submitted pursuant to Section 287.135, Florida Statutes. This Agreement may also be terminated by the Commissio! i; 7.3 Notice of termination shall be provided in accordance with the "NOTICES" section of this Agreement except that notice of termination by the City Manager, which the City Manager deems necessary to protect the public health, safety, or welfare may be verbal notice that shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. 7.4 In the event this Agreement is terminated fbr convenience, Contractor shall be paid for any services properly performed under the Agreement through the termination date specified In the wTitten notice of termination. Contractor acknowledges that it has received good, valuable and sufficient consideration from City, the receipt and adequacy of which are, hereby acknowledged by Contractor, for City's right to terminate this Agreement fbr convenience. 7.5 In the event this Agreement is terminated for any reason, any amounts due Contractor shall be withheld by City until all documents are provided to City pursuant to Section 9.1 of Article 9. 8.1 No party to this Agreement may discriminate on the basis of race, color, sex, religion, national orn, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of thisAgreement. Failure by Contractor to carry out any of these requirements shall constitute a material breach of this Agreement, which shall permit the City, to terminate this Agreement or to exercise any other remedy provided under this Agreement, or under the Delray Beach Code of Ordinances or under applicable law, with all of such remedies being cumulative. 11111111911� I I I I Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement 61 I Page 839 of 1037 i AIR r MYRIO firTSoing r"Ilremiknw 1S A ri tdri— .. - . . . . . . . result in the termination oif this Agreement or such other remedy as City deems appropriate. 11 fit I IA A 11 # "M I 7 j tu &11:10 F&Mquiny 0211611 L— F1 this Agreement and recover from Contractor all monies paid by City pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. 1111 on i tT4T* F1 FF:-,ITt*r* 1,11VIL-7A ♦ 7 # t T. �" foil to make and distribute copies to the public. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Contractor, whether finished or unfinished, shall become the property of City and shall be delivered by Contractor to the Contract Administrator within eight (8) days of termination of this Agreement by either party. Any compensation F ue to Contractor shall be withheld until all documents are recalvedas provided herein. Page 840 of 1037 3 M R * ! ! Keepandmaintainpublic reco:pit /the City to perform H. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied twithin a reasonable4 does i#exceed cost provided in Florida Statute or as otherwise provided by law. iii. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Contractor does not transfer the records to the City. ! f i ?+� t k ! ! t ' +kit !� T t #� _ i t _ � . ;. • i t #, ? 41imizilwom# t # t ! V. If the Contractor does not comply with this section, the City shall enforce the contractprovisions contract cancel this contract in accordance with state law. ',"urchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement 81 Page 841 of 1037 10 MM rt7--;; MAMITIMP71 Mi. 947711115 =M7 # iT i Z from Contractor and its sub licensees and lower ter sub licensees. ContractoF provided by law, the failure of Contractor or its sub licensee or lower der sub licensees to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. 010 4 114 Z it W Z IN] f s all be a basis for Cit)(s disallowance and recovery of any payment upon such entry. 'T MUMM a u a agreements with Re subcontractor(s). Contractors compensation under this Agreement is based upon representatlions supplied to City by Contractor, and Contractor certifies that the information supplied is accurate, complete, and current at the time of contracting. City shall be entitled to recover any damages it Incurs to the extent such representation is untrue. 91 Page 842 of 1037 ! TW 4 &T-NATIN MY UWAJ pursuant to this Agreement, and ay msult in debarment from City's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a "public entity cirime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. Contractor is an independent contractor under this Agreement. Services provided by Contractor pursuant to this Agreement shall be subject to the supervision ot Contractor. In providing such services, neither Contractor nor its agents shall act as officers, employees, or agents of City. No partnership, joint venture, or other Joint relationship is created hereby. City does not extend to Contractor or Contractor's agents any authodty of any kind to bind City in any respect whatsoever. 101 , Page 843 of 1037 LTRM POR Wz' MR-, �'- R-Ot WItIOMMS i delivery, addressed to the party for whom it is Intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the Parries designate the following: UR!W ATTN: Daniel Alonso 2955 East I 1th Avenue Hialeah, FL 33013 herein without Citys written consent. 10 M*1 Mnam Page 844 of 1037 i,xperienced and skilled in the area(s) for which he or she will render his or her Lervices. U-jv--h-T-4IAt U - to the best local and national standards. letlk M11 RNZ7WOO-FI, P.-IT-NOTEM] None of Contractors officers or employees shall, during the term of this -r rAITIM-ne, A U**V"], KAIII 41 IYA DOM of this section to the same extent as Contractor. Ile 424"Ai breach and shall not be construed to be a modification of the terms of this Agreement. Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreernent 12 1 P a Page 845 of 1037 Contractor shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 477 =t - court action, including all available appeals. The Parties and their counsel have participated fully in the drafting of this NEOMM"Not-1 I I r R76.7.0 So a unless the Oeronce is made to a partUi r subsection or subparagraph of such Section or Article. IMMUMV-= flR'U*TVjT= "SKI �M ztatement, requirement, or provision of Articles 1 through 9 of this Agreement, the ierm, statement, requirement, or provision contained In Articles I through 9 shall prevail and be given effect. 131 Page 846 of 1037 Ri or Mr 4 "1 *10 z :01111WMAIN T WN 11111MA- 1091M--1j1*=M1VjzM:1:'r'N R 144 in 44 A 1: its,• 17A 119 (*X*—O-n1 RT "11 uoxi� 'f4rAtAfl-1914 Is 114t*i $11101111*141 representation or agreement, whether oral or written. M41111111111 Purdme and Delivery cyf Bulk Gwdlne and Dimal Fuel Agmwent 14 1 P a g e Page 847 of 1037 1.21.2 Rate of Interest. In any Instance where the prohibition or limitations of Section 9.21.1 are determined to be Invalid or unenforceable, the annual rate of interest payable by City under this Agreement, whether as prejudgment interest or for any other purpose, shall be .025 percent simple interest (unoompounded). YWM,ff Ma N-77,17acy orMN"11'.. : - *-• - I ' I by the Parties. All Exhibits are incorporated into and made a part of this Agreement. 11�41 I, - 110061 ARTICLE 10 -=7771:777i, T�M'ff' issued In favor of the City. the event of a material breach of the Agreement by the Contractor. 151 P Purchase and DeRmy of Bulk Gasoline and Diesel Fued Agreernett Page 848 of 1037 reference. In the event of Inconsistency between the documents, unless otherwise precedence: A. Terms and conditions as contained in this Agreement; B. ITS No. 2017-047, Purchase and Delivery of Bulk Gasoline and Diesel Fuel, dated March 27, 2017, and all its addenda; C. Contractors response to ITB. No. 2017-047, Purchase and Delivery of Bulk Gasoline and Diesel Fuel, and any subsequent information submitted by Contractor during the evaluation and negotiation process. A8TIQLE 12 CONTRA ;To .. .... . . ............ . ......... . ... - — ----- FE-DERAL AWARDS �t�f*lttl 7 157, Purchase and Delivery or Bulk Gasoline and Diesel Fuel Agreement 161P Page 849 of 1037 wr�Lay or 011or apprenticeship. oagrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setfing forth the provisions of this To-Oiscrimination clause. Page 850 of 1037 invoked as provided in Executive Order No. 11246 of September 24,1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. vill. The Contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enibrcing such provisions including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter Into such litigation to protect the interests of the United States. [See. 202 amended by EO 11375 of Oct. 13, 1967, 32 FIR 14303, 3 CFR, 1966-1970 Comp., p. 684, EO 12086 of Oct. 5, 1978, 43 FIR 46501, 3 CFR, 1978 Comp., p. 230, EO 13665 of April 8, 2014, 79 FIR 20749, EO 13672 of July 21, 2014, 79 FIR 42971 ] b) Contractor will comply with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specifled in a wage determination made by the Secretary of Labor. In addon, contractors must be required to pay wages not less than once a week. z) Contractor will comply with the the Copeland "Anti- I(ickback" Act (40 U.S.C. 3145). as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subreciplent must be prohibited from inducing, by any means, any person employed In the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The City is required to report all suspected or reported violations to the Federal awarding agency. 00; Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreemwd 181 P I Page 851 of 1037 MM market, or contracts for transportation or transmission of intelligence. a) The Contractor will comply with the the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the City. �Fl A16 well =-Fl - g) The Contractor will comply with the Byrd Anti -Lobbying Amendment (31U.S.C. 1352) and file the required certification. Each ter certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee oi any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Fedaral funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. h) MINORITY I WOMEN'S / LABOR SURPLUS FIRMS PARTICIPATION: The C, in accordance with the requirements as stated in C.F.R. 200.321 encourages th active participation of minority businesses, women's business enterprises a labor surplus area firms as a part of this Agreement whenever possible. subcontracts are to be let, through the Contractor, that Contractor is required take the affirmative steps listed in items a through e below: a. Placing qualified small and minority businesses and women's busine enterprises on solicitation lists; b. Assuring that small and minority businesses, and women's busine enterprises are solicited whenever they are potential sources; c. ding total requirements, when economically feasible, into smaller tas or quanes to permit maximum participation by small and minon businesses, and women's business enterprises; ila=m pjl=�11 11111111 ii, W Page 852 of 1037 d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; e. Using the services and assistance, as appropriate, of such organizations as them llBusiness Administration and the Minority Business Development Agency of the Department of Commerce. on3 ®mrli7 Purchase and DelWq of Bulk Gasoline and Diesel Fuel Agreement Page 853 0 1037 IN WITNESS WHEREOF, - • have madeexecuted this ► c- �r� a r �a . r s + ` authorized to execute same by Commission action on of k -rv— 2017, and Contractor, signing by and through its , duly authorizedo execute ATTEST: it t dmf), City Glicksteln, Mayor 'IZ0,davof2017. q1 ..: :.71 L Page 854 of 1037 M CONTR"lf.-,�'-JF WITNESS: (Signature) k"ado (Printed name, Tftle) Y of 2017 A Onted na 22 Page 855 0 1037 1. DEFINITIONS: 1. Data Transmission Network (DTN) FastRacks Average Price — Fuel pri published by Schneider Electric that will be used as the base price to calculate dal fuel charges. I!. Transport Truck Delivery — Delivery of fuel by Transport Truck with a minimu I delivery of 8,000 gallons for gasoline, 7,200 gallons for diesel, and 7,200 gallons for combination load of gasoline and diesel. Ill. Tank Wagon Delivery — Delivery of fuel by Tank Wagon where maximum capacity the fuel tank does not meet the minimum delivery of gallons specified for a Trans Truck. IV. Fuel — Any fuel type obtained through this Agreement. Fuel types shall Include, ]b not be limited to, Unleaded E10 Gasoline, Ultra Low Suffur No. 2 Diesel, Ultra L Suffur No. 2 Off -Road, Dyed Diesel, and Blodiesel. V. Surcharge — Dollar amount speciffed by Contractor to be added to DTN FastRac Average Price to cover Contractor's costs and profits. V1. Split Load — Delivery from a Transport Truck which contains multiple fuel types. SCOPE: Contractor will provide all labor and equipment associated with providing and delivering fuel to the City's fuel tanks located throughout Delray Beach for normal daily operational requirements, as well as during emergency situation or event. An emergency can be declared by the City, at Its sole discretion, and may consist of natural and man-madl disasters including, but not limited to, severe storms, hurricanes, wild fires, flooding, warfare, Yivil unrest, and terrorism. For purposes of this Agreement, Contractor shall be City's Primary Fuel Supplier. In the event that the Primary Fuel Supplier is unable to fulfill City's fuel order(s) for any reason, the Secondary Fuel Supplier may be utilized in order to fulfill City's fuel order(s). - 4. DELIVERY LOCATIONS AND STORAGE TANK CAPACITIES: I. Public Works Department 434 S. Swinton Avenue Delray Beach, FL 33444 (Entrance off of SW 4th Street) Two 5,000 gallon underground gasoline storage tanks One 5,000 gallon underground diesel storage tank Il. Utility Maintenance Department 434 S. Swinton Avenue Delray Beach, FL 33444 (Entrance off of SW 4th Street) One 2,000 gallon above ground diesel tank One 3,000 gallon above ground diesel tank Page 856 of 1037 III. Water Treatment Plant 201 SW 7th Street Delray Beach, Fl- 33"4 One 1,000 gallon above ground diesel ta One 6,000 gallon above ground diesel tal iv. Fire Station No. 113 651 W. Linton Blvd. Delray Beach, Fl- 33444 One 2,000 gallon above ground diesel tal V. Delray Beach Police Department 300 W. Atlanta Ave. Delray Beach, FL 33444 One 10,000 gal Ion underground gasoline tank One 1,000 gallon underground gasoline tank One 2,000 gallon underground diesel tank 5. REQUIREMENTS: Contractor shall: I. Deliver fuel is normal circumstances to the City Wthin forty-eight hours of request by the City. H. Deliver fuel under emergency conditions to the City within twenty4bur hours of request by the City. Ill. Provide emergency fuel to the City on a first -serve basis. For purposes of this Agreement, first -serve basis means Contractor vAll deliver fuel to City before delivering fuel to non-governmental entities. iv. Use the closest appropriate terminal for obtaining fuel. V. Only provide fuel from Environmental Protection Agency (EPA) registered terminals. 6. FUEL SPECIFICATIONS: I. Gasoline fuel shall meet the following specifications: 405-220-930-7800 Gasoline E10, Unleaded, 87 Octane, conforming to Florida Department of Agriculture and Consumer Services standards 5F-2.001 ii. Diesel fuel shall most the following specifications: 4405-120-260-1030 Ukra Low Sulfur Diesel Fuel, grade no. 2-D (.0015 mass % sulfur, minimum cftne index of ouse In over the mad diesel engines, per A.S.T.M. specification D975, conforming to Florida Department of Agriculture and Consumer Services standa-i 9 5F-2.001 �EVIJ M7111111 Is V1az VU -1 SAITS Ul It I IMMIM MrA I i, oil alb 1 #1*11, NNj jTAJI toil I t*'z*j I Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agrearrient 24 1 P a g a Page 857 of 1037 9. FEDERAL AND STATE STAADQ';-'LC'S: 1. It Is the intent of the City that all specifications herein are in full and complete compliance with all federal and State laws and regulations applicable to the type and class of commodity being provided. This Includes, but is not limited tD, Federal Motor Equipment Safety Standards (FMVSS), Occupational Safaty and Health Administration (OSHA), and Environmental Protection Agency (EPA) Standards. [I. In addition, any federal or State legislation that becomes effective during the term of the Agreement, including any renewals, that changes such applicable laws and regulations shall immediately becorne a requirement of the Agreement. Contractor must most or exceed any such laws or regulatory requirements. ill. If an apparent conflict exists between the spectfications and requirements contained herein and federal and State laws and regulations, the Contractor must contact the Contract Administrator Immediately. Delivery of non-confbrming product may be cause for termination of the Agreement and/or suspension of Contractor. UJIUM1111 ��Iijq�11111111111 111111111111111", iiiiiiiiiiij 111 i7i' Page 858 of 1037 EXHIBIT B FICAM-OR-OF-P 11 11111111P9, !'1111 Will Mij! I F 11 2. The follcpMng subcontractors and suppliers have not been paid because disputed contractual obligations; a copy of the notification sent to each, explain! in reasonably specific detail the good cause why payment has not been made, attached to this form: Subcontractor or Supplier's name Date of disputed Amount in ,7.nd address invoice dispute 3. The undersigned is authodzed to execute this Certification on behalf of CONTRACTOZ. ly_ - — (Signature)'l (Name and Title) 261 "'urchase and Dethtery of Bulk Gasoline and Mae! Fuel Agmanent Page 859 of 1037 ; l )SS. COUNTY OFThe foregoing instrument was acknowledged before me this day of i personally known to me or who has produced as identification did/did . iyped, printed, or stamped Page 860 of 1037 Purchase and Delivery of Bulk Gasoline and Dleael Fuel Agreement 281 P a g Page 861 of 1037 §Moil 7,0 7-74,EAMM? V"MI ImnWIT71-T-W7 * — r-- W11 the time of delivery. No other charges outside of the Fee Schedule, other than applicable fuel taxes, shall be permith3d. 1. Transport Truck Dellypq ITEM' DESCRIP77ON 1 Gasoline 406-220-930-7800 Gasoline E 10, I Unleaded 87 Octane Diesel 4405-120-2M1030 Ultra Low Sulfur Diesel Fuel, grade no. 2-D (.0015 mass % 2 sulfur minimum catane index of 40) fl. Tank Wougon Unloaded, 87 Octane SURCHARGE AMOUNT , Page 862 of 1037 Page 863 of 1037 Greco-Arencibia, Adrianna From: Triestman, Ilyse Sent: Monday, September 18, 2017 8:36 AM To: Darty, Bill Cc: Greco-Arencibia, Adrianna Subject: FW: Question ref. Your Fuel Contract with MacMillan Attachments: Executed 2017-047 Agreement with Macmillan Oil.pdf, 2017-047 Notice - Award.pdf Bill, good mornin„-- Per— Per below, Delray Beach has allowed us to piggyback their fuel contract. With MacMillan's concurrence, and City Commission approval, you should be all set. If it's your intent to seek Commission approval, kindly attached the ernail approvals from both MacMillan and Delray Beach, as well as the copy of the contract and Delray's Commission award. EM33JIMEM Ilyse Tries,"man, CPPD, CPPB, FCCN Purchasing Manager FinancWi Services City of Bw ' inton Beach 1()0 E. Boynton Beach Blvd. I Boynton Beach, Florida 3.3435 Off„,563 -742-6322 Triestrnanl@bbfLus Q l-,IL-'I,��,):/Iwww.boyi-,ton--beach.org/ M Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Gardner -Young, Caryn [mailto:gyoung@mydeiraybeach.com] Sent: Friday, September 15, 2017 3:44 PM To: Triestman, (lyse <Triestmanl@bbfl.us> Subject: RE: Question ref: Your Fuel Contract with MacMillan There are no objections. Please say hello to Tim. Caryn Gardner -Young, 1CMA-CM Assistant City Manager Page 864 of 1037 City of Delray Reach 551-243-7144 you�ydeirybeah.corre PUBLIC RECORDS MOTE: Florida has a very broad public records law. Most written communications to or from local officials, employees, or the general public regarding city business are public: records available to the public and media upon request, your e-mail communications may therefore be subject to public disclosure. From: Triestman, Ilyse [rnailto:Tr1estmanl hbfl.us] Sent: Friday, September 15, 2017 10:03 AM To: Lingholm, Ryan <lin Incalrrnr nm deli°a beact:.co:>; Gardner -Young, Caryn <gygun m delra bear in.crarn> Subject: RE: Question ref: Your Fuel Contract with MacMillan Thank you, Ryan. Good morning Eos. Gardner -Young Per below email string, we are consideriing piggybacking your Contract with MacMiflan, if permitted. Would you kindly advise via return email if the City of Boynton Beach may piggyback the subject and below referenced Contract? Thank you for your consideration of our request. Sincerely, (lyse Triestman llyse Triestman, CPPO, CPPB, FCCN Purchasing Manager Financial Services City of Boynton Beach 100 E. Boynton Reach R€kid. I Boynton Beach, Florida 33435 %. 551.-742-5322. Triestmani@bbfl.us I lnttp://www.boyu,3toru-beacli,org/ Please be advised that Florida has a broad public records law and all correspondence to me Via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Lingholm, Ryan[mailto:.li:nrpholmr,@rrnydelraybeac .coal] Sent: Friday, September 15, 2017 9:51 AM To: Triestman, (lyse <Triestmanl bbfLus> Cc: Gardner -Young, Caryn < , gun . a m delra beach.coro> Subject: RE: Question ref: Your Fuel Contract with MacMillan Good morning Hyse, Page 865 of 1037 Yes, and sane to you; we all got fairly lucky with Irma, The contract with Macmillan 'llan is attached, along with the Award notice. Our Acting Purchasing Director is the Assistant City Manager Caryn Gardner -Young'.. which has been copied on this email. Ryan Lingholrn Buyer Office: (561 ) 243-7129 Ext.1811 Fax: (561) 24.3-781.1 F aii:lmr .ol r(R)rnvd lra, e ,coo w.r v elraviieach.corn PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials, employees, or the general public regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: Triestman, Ilyse [Mai tflus] Sent: Friday, September 15, 2017 9:44 AM To: Lingholm, Ryan Subject: Question ref: Your Fuel Contract with MacMillan Good morning Ryan — I hope this email finds you well and that you fared well during Irma. In an effort to get back to some sense of "normalcy", I have a question related to the subject Contract with MacMillan. We're possibly interested in piggybacking this Contract, if possible. As I understand that Theresa is no longer with the City, who is the acting manager that may grant us approval to piggyback? Thank you in advance for your assistance with this request. Sincerely, Ilyse Triestman (lyse Triestman, CPPO, CPPB, FCCN Purchasing Manager Financial Services City of Boynton Beach 100 E. Boynton Beach Blvd. i Boynton Beach, Florida 33435 ... 561-742-6322 L Triestrnanl@bbfl.us �; � http://www.boynton-beach.Drg/ ITNOWATM-1 1=111 Please be advised thaL Florida has a broad public recordsand all correspondenceto me via email may be subject to disclosure.Under Florida recordsaddresses are public1Therefore,your communication your e-mail address may be subject to public disclosure. Page 866 of 1037 Septerriber 19, 2017 Adflanne Grecco City of Boynton Beach Considering the authorization by the City of Delray Beach to piggyback on their contract with us, We, Macmillan Oil Company, LLC will extend the same terms and condffion5 to the City of Boynton Beach as in the above referenced contract, Please let me know if any additional information is, needed, Page 867 of 1037 7.C. REQUESTED ACTION BY COMMISSION: Approve utilizing the Town of Palm Beach Bid #2015-08 for tree trimming and pruning with Zimmerman Tree Service of Lake Worth, FL for blanket purchase order with an estimated annual expenditure of $190,000. The Town of Palm Beach procurement process satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: Bid Term: May 9, 2017 - May 8, 2018 Zimmerman Tree Service will be providing restoration from storm damaged trees, hazardous removals, structural prune hangers and broken branches in an effort to restore City owned property's, medians and right of ways throughout the City. (Attached are the Town of Palm Beach Bid, Letter of Authorization from Zimmerman Tree Service & Town of Palm Beach Email Correspondence) HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The purpose of this bid is to have a vendor readily available to clear any roads of large trees, tree stumps, hangers or hazardous limbs to ensure the safety of all the residents and employees throughout the City. FISCAL IMPACT: Budgeted Forestry and Grounds estimates an annual expenditure of $190,000 from account #001-2730-572-46-98 ALTERNATIVES: Not to clear the roads of large trees, tree stumps, handers or hazardous limbs and endanger the safety of the residents and city employees or to obtain quotes as an "as needed" basis which would cause significant delays STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Page 868 of 1037 Grant Amount: CONTRACTS VENDOR NAME: Zimmerman Tree Service START DATE: 5/9/2017 END DATE: 5/8/2018 CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: Yes EXTENSION EXPLANATION: There are (4) four additional (12) twelve month extensions ATTACHMENTS: Type D Addendum D Addendum D Addendum Description Zimmerman Tree Senuice - Contract Zimmerman Tree Senuice - Authorization Letter Town of Palm Beach - Email Correspondence Page 869 of 1037 y "' i ■ lei �p f � f Page 870 of 1037 l' 11 11, 11INJI1111L UIU4:t'FA1$W ''J • I L :, F■ 07771 Special7 RT iti.................................................................. SpecMcatlons 14 ............................................................................................ 17 Bid 1.............................................................................................. Bidders ig i'............................................................................... AttachmentW.......................................................................................... 24 Eli .=. MMI=,[;,I Bid No. 201 «: H Page 871 of 1037 Pik �' •FLORIDA w BEACH, Advertisement for Bids Bid Ir 2015-08 TREE TRIMMING AND PRUNING SERVICES Sealed bids for Tree Trimming and Pruning Services will be received by the Town of Palm Beach,at the PurchasingOffice, 951 Okeechobee Road, Beach,1 • 33401, until February al. 2015 at 2:00 P.M. At that time all. bids will be publicly opened and -:•aloud. 111receivedafterthe !e='.:# e#closingtime willbe returned unopened. • fmeeting will be held at 10:00 AM on Februaa,3, 2015i 1 I AM at the Public Works Facility, located at 951 Okeechobee Road, W. Palm Beach, Florida, 33401. Attendance Is not a • proposers shouldhave a representative at - • 1 conference in order ensure to their satisfaction that the scope of work, prior to bid submission, Is understood. After the A been awarded, !1extracharge or compensation #:' allowedas a result of to attend the conference and resulting site visit. An original and three (3) copies of the proposal shall be submitted in sealed envolopes1peckages addressed io John Cmer, Purchasing Coordinator, Town of Palm Beach, Florida, and marked 'Did No. 2015--Q1 — Tree Trimming and Prunt no SwWces'. Companies desiring copy 1the Invitationto Bid a.. obtain documents • Town's = ! _ at www.towngf2gimbeach.com, (click Voing Business," click "Bids and Requests for Proposals" • follow the instructions).1 • • contact • • " t. 951 Okeechobee Road,SuiteWest Palm Beach,Florida 0 Telephone ! 838-5406. The Town reserves the right to accept or reject any and all bids and to waive any technicalities or irregularities therein. The Town further reserves the right to award the contract to that bidder whose proposal best complies with the bid spedficalon. No bidder may withdraw their bid for a period of ninety (90) days from the date set for the opening thereof. John Cmar Purchasing Coordinator Dated: 2010 February 1, 1: No. 2015-08 — Tree Trimming and Pruning Services 3 Page 872 of 1037 In } I I be corcacled accordingly. In the 9Md of addition arcane, the aadanded fouls will prowl end dna below's 2M VO be Consisted accordingly. If there Is a diflorance buivnein ft sense less; ancl Me num the witlam adds sivall provall. Bidders m I sattere applicable. FMrais to do no will be at Cre bidder's.deta. Edo having eaeores or Corrections must two inifilded In bidder. FTWa ,If j ?3 £rf?.: 77m—, T�7 7a -j-r 7,75, 1 ,]_T1rii Y, �1 T 7717 "1F�I; .■�a.lv� III , eA s.lk " ► { This InAfflion to Ed staall be Inchided and Inewporated In the Ileal avewd. The order of cortualmd precedence will be the purchase ~ or prW ogreamant bid document (odonal Tanne NM Conditions) and response. Any and at lop) acdon necessary to onfurce the smard vdi be hold In Palmantl the conlrachrol obilgivilons vA be Interpreted socarding to the Mft of ROW. Any acidiflonal contract or ogrownew m*msW for bid response. ata 5 r +M71=77". 77117, PAl Any quesikusp by POPOWN d who Is sulwAnd anly to drad lrdMrM to various PMM of 2M bld so Mom may mad and InIoMM such far BMTMK18L No mdobdbn Is dbvmd try PUMINIM9 Poisoned to IrOwPmt, Or Give hf&madm as to old rabuiramords In addition to the% which Is ocrahad In the aryl laid document Interprelodon of Cee bid or oddldenal Idoodatlerr va Is he rosadromants. whers necessary. BW be naddendum. As the best Inteteet of Me Town C ounadi may requk% fie drat Is reaarved to main sword(s) by Individual ammodM@aUmim oil norm or any combinsdon. to bid °o ChwW must so I n be conafted an Incomplete and may be . 1. PRICED GLOM Moder warrants by vidue of bidding Met prices shall remain bm for a } days ftw the does of Wd opening or Inns stem In 111podal Condslons. 22. PAYMINT Papwd wfU be mads by ft TOWN show omvmdffiwhuvlm have been roovlvsd� sampled aW proporly Involood me Incloffled In cwMW ember order. Invoicaut must bur the Orderrufter. Payment 1 be nude afthm 30 days of such accoplonce. Bidders may door a discaurd for prompt psymonL However, utch d I not be In dolonnining the bNM md ocat I& hie evaluation puMom Unless affnMas SPOCEW Gr OPKIW COndNML Modern should refled any dWwrb to be comildenedIn be bid miuMnm to unk pdow bld. # l—ri . .Ji ._ , it vapor prow=, ftshpOQ. (a) The houlth hosancis of the huwdma chemical, lndjdkV allies and ofmplown of mo— The primary mw*) of M.(OSHN permissible exposure MR. AmMoon «., weed or recommorted. (h) Whether the hazardous charrocal Is lkftd an the Nodded Tosloc&W Prolipsm (NTP) Annual Report on Cominagens QMW offon) or has been found to be a potandal cominollon. (1) Any gimend mob" precautions for sob handing and use BW ors (k) Emergency and first aid prowdurse. ,.; preparation or IM chonp to L (M) The nowk address and tolophone number of the chemical Momithaturer or Importer. PIPE T'i irJ: jKlrirS :t]'F` 5€ r, I� r. Page 874 of 1037 MCI records storea electronically must Me pro%nae-" Vne public agency in a FunTIRT Mat 157FT-MMMIMMIREMUTUM Information technology systems of the public agency. If a contractor does not comply with a public records request, the Town shall enforce the contract provIsions in accordance with the contract. BW No. 2015-08 - Tree Trimming and Pruning ServIces 13 Page 882 of 1037 M Contractor shall provide all necessary labor, management, supervision, trucks, gas, oil, safety the Town on an as needed basis. A list of all equipment available to complete the services of this contract must be Included with the submission of this Invitation' to Bid for Tree Trimming and Pruning SeivK=s. R:♦ fQr performing these smices are • • Properly.a. The Contractor shall notify the Contract Administrator In the event of scheduling delays, changes or comments/complaints received from the general public. b. Contractors employees shall present a neat, clean, well groomed appearance and shall conduct themselves In a respectable manner while performing the duties of this bid and while on Town C. Contractor's employees shall wear uniforms at all times while on the job. Name of contractor shall be on shirts. Uniforms are to be free of holes, point and oily gains. Shirts are to be worn at all times while workingIn theTown ofPalmBeach. d. Any questions regarding this operation (Tree Trimming and Pruning Services) shall be directed to the Contract Coordinator. 0. A safety vest, meeting FDOT standards, shall be worn at all times when employee is working in ♦ ♦; • Contractf. The Coordinator the contractor toreview areas _ __- f bcontractors •;:vehicles shallbe plainly •with the company N. The Contractor shall have their crew supervised by a qualified foreman who fluently speaks the English language. As a fully authorized agent of the Contractor, the foreman must be capable of making on4te decisions to perform the work in accordance with the specifications contained in this !+ '11111112 1= • T • : • 11 R :: •AliMM : : • rr! • ► ! i i R �s Bid No. 2016-08 Page 883 of 1037 11111� 1. "M111 k. Hours of work shall comply with Town Ordinance Section No. 42-199 (see attachment W). If for any reason trimming must be performed on Saturday, it will be necessary to acquire prior au*ar��. Coordinator. work. M. Contractor shall provide a daily log of activities for each respective area after completion of a cycle of Moog* a • :• is •: �• f • 'a #�if. r � 'R r • fr � � - - - r • f i yr Contractor Is responsible cost to the Town. Institute (ANS1300.2008), all OSHA standards and regulations and Palm Beach County Landscape Code 500-35, Number Four (4) (see attachment W). Any fees or fines resulting from violations due to the performance of ■ iia ■ be _ oontractoes sole responsibility. most ::es, the work will be coordinated and in conjunctionr •f :i a ■ Parks Supervisor providing oversight and consultation. AJI work must be pbrformed under the direction ofan ISA certified arborist. r 4.` 5V i • and equipment including but not be limited to aerial equipment, trucks, power and all hand tools as specified below: 1. Two (2) Man Craw climber/trimmertforemen who shall have the necessary skills fbr working in trees from a bucket truck, an aerial lift or by the use of ropes, saddles and other hand climbing qui oil;] Is 1#1441 If 7!1 71FRTWrAJi Bid No. 2015-08Services Page 884 of 1037 2. Three (3) Man Crew A. One (1) working climberthimmortroreman who shall provide supervision af the work lbrce and shall have the responsibility for all work performed by the contractor. This person shall also have all necessary skills as described in B below. B. One (1) climber/trimmer !shall have the necessary for R Rin trees from bucket truck, an aerial lift or by the use of ropes, saddles and other hand climbing equipment. C. One laborer/ground clean up. The climber/trimmer shall also have the ability to alternate as grounds person including skills In .Tround operations such as loading tnicks, cutting limbs on the ground, etc. Equipment shall Include, but not be limited to the following: A. Contractor shall own a minimum of three (3) aerial lift. One [1 ] with a minimum working height of 65 feet and two [2] with a minimum working height of 45'. itDumptChip/HaulingTrucks and Equipment Contractor pieces of equipment capable of removing debris generated by their work on a daily basis. C. The Contractor shall own all necessary power, hand tools and PPE's: saws, rakes, shovels, ropes, saddles, buckets, blowers, etc. D. At a minimum, each crew shall Include one dumping serialcombo Rvehicle or a flatbad mounted aerial Illt and supporting dumptchip truck. This applies to two and three men crows. -Schedulinc' contractor,All work shall be scheduled by the Contract Coordinator. Hours of work shall comply with Town Ordinance Section No. 42-199. Hourly rates shall start upon commencement of work at the designated job site and terminate upon departure from job eke. No additional compensation for travel, mobilization, fuel or other incidental expenses will be paid by the Town. The ! •n notification by the Contract visually where services have been requested and submit, in witting, to the Contract Coordinator, an itemized breakdown of total price of service for the specific site(s) to be serviced. Clean Up: The Contractor ! clean up each ••n completionof thatday's and aesthetically pleasing appearance. Disposal In a proper manner shall be the responsibility of the Contractor. Debris can be placed adjacent to the work area or transported to Town owned landscape debris sites as directed by the Contract Coordinator. Bid No. 2015-08 e_ TrIlmming and Pruning Servk= s Page 885 of 1037 BID PROPOSAL iiTREE TRIMMING ' PRUNING SERVICES BID No. 2015-08 Page 886 of 1037 V;- PI 4 1 bids be submitted on the provided thrms. Failure 1! db ..o may I cause I AM blanks on the forms must be completed. E '� Modfflcadons 1 of Descriptions, not be allowed. Supplenvental Information may be attached. M 1:3 =1 T171 (119IN iR Addendum No., Dated: Addendum No. Dated: Addendum No. Dated: Addendum Dated: Bid No. 2015-08 r:. Pruning Sorvioes Page 887 of 1037 BID No. 201&08 TREE TRIMMING AND PRUNING SERVICES BIDDERS QUALIFICATIONS nt� and/or Munldnml lax Racal u national License) In the a ma of their fixed business location. Each bidder MUST complete the folkywing Information and submit with his/her bid In order for the bid to be considered: Name__. Address: .. . . .......... City, Stat% 7jp: Phone/Fax: (2) Check One: Corporation () Partnership () Individual (3) If Corporation, state: Dete of Incorporation: State In which Incorporated: (4) If an o" -state Corporation, currently authorized to do business In Florida, give date of su authorization: (5) Name and Title of Principal Officers Date Elected: (6) The Vandoes length of time In business: years (7) The Vendors length of firne (continuous) in business as a service organization In Florida: ears (8) All bidders must disclose With their bid the name or any officer, director or employee who Is also an employ= of the TOWN. Name . . . ....................... . (9) All bidders must disclose the name of any Town employee who owns. directly or Indirectly, an interest In the bidder's firm or any of its branches. jjr�111111 1111-717-711111 V= 10111 11;1= Bid No. 201 5G-08 3 MeR e—nd Pru'rilng,girviiai 19 Page 888 of 1037 BID No. 2015-08 TREE TRIMMING AND PRUNING received by the town of Palm Beach for the procurement of commodities or contractual services, a bid/proposal received from a business that certifies that it has Implemented a drug-free workplace program shall be given preference In the award process. In order to have a drug-free workplace program, business (2) lnfbrm employees about the dangers of drug abuse In the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse viol--tlo7s. (3) Give each employee engaged In providing the commodities or contractual services that are under bid a copy of the statement specified In number (1). It4) In the statement specified in number (1), notify the employees that as a condition for 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 on or plea of contendre to any violation of Chapter 893, guilty ubstance law of the United States or any singular state, for a violation occurring In the workplace no later than five (5) days after suchconviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance at rehabilitation program if such Is available in the employee's community by any employee who is ! • sib; ! (6) Make a good faith effort to continue to maintain a dnig-free workplace through Implementation of Section 287.087, Florida Statutes. Certification submitted by the (individual's Name) M ila I'll t;A i_ �: • 1 • t 1 • # ; is _ ! _ : + • _ R... i• . Bid No. 2015-08 — Tres Trimming and Pruning Services 20 Page 889 of 1037 TOWN Bid No. 2015-08 TREE TRIMMING AND PRUNING SERVICES LIST OF PROPOSED SUBCONTRACTORS - •� _�� :• �..•: - - •8888 - . - ..,✓. � - - •t•' � w +w�:.• • w � we + 'Name and Address af Suboontractor License ld o.• 1: 3 and Pruning Services 21 Page 890 of 1037 TOWN OF PALM BEACH UST OF CURRENT & PERTINENT PROFESSIONAL REFERENCES BID No. 2015-08 TREE TRIMMING AND PRUNING SERVICES the Town can contact In relation to Bidder's qualifications, financial stability, and experience. Failure to furnish this Information may be grounds for rejection of the proposal. ;71��QJK�Z Bid No. 2015-06 - Tree TrImming and Pruning Servion 22 Page 891 of 1037 0 { f TOWN • F PALM BEACH Bid No. 2015-08 TREE TRIMMING AND PRUNING SERVICEZ EQUIPMENT DESCRIPTION } f I y{ _ In preparing the above tabulation, the Bidder shall Insert the following intrmation under the i!ppropriate heading, using a separate line for each major Item and an additional page, ff Description ! equipment. (b) USE: Description of what the equipment will be used for in the project. (c) MANUFACTURER: Manuracturer ofequipment and model f ., (d) AGE AND CONDITION: Original model year of equipment - if equipment has been rebuilt, oflastoverhaul.If > of • • Bid No. 2015-08 — Tree Trimming and Pruning Services 23 Page 892 of 1037 Attachment "A" Pruning4. Tres Pruning: of - promote structural, aesthetic and safety considerations. All permitted pruning shall bz conducted in a=rdance with the fbilowing standards: 1&`rj=,7,77;1=111=7774:17-1f# / 1• ♦l!111 • / / • : • • • • - f - • • • • 11, "*gO111;!77GWQjjjjW11*7,7_ UN, MI repi UU R-4RU 11111UU UF 1UfiWM"4."Vt.i -Iie irr Is necessary remove dead or diseased limbs. c. Pruning shall be perfbirmed In accordance with the latest standards of the National Arborlst Association. • • — Trae Trimming and Pruning Serviolis 24 Page 893 of 1037 F[ M �TiT7 iT�+3 noise.Sec. 42-230. Lawn maintenance equipment holidays.legal . the operation equipment on Saturdays or the Friday immediately after Thanksgiving. Additionally, nothing in this section shall preclude the operation of lawn maintenance equipment, Including leaf blowers, by residents on Saturdays, Sundays or legal holidays, including the Friday immediately after Thanksgiving. Further, lawn maintenance equipment used for golf course maintenance within the town Is not restricted during the hours outlined for construction work at section 42-199; however, such equipment shall not be used before 8:00 a.m. or after 5:30 p.m. on any day at locations within 300 feet of residentialproperties, - . event of valid emergencies' once per ' month fbr purposes of chemical spraying or forUlizing. The sound level meter measurement shall be no greater then 75 dBA measured 50 feet from the point of operation of the equipment.sound level metermeasurement s be applicable maintenance equipment used on golf courses. (b) Lawn maintenance equipment includes but is not limited to lawn mowers, edgers, hedge trimmers, yard tractors, leaf blowers, lawn vacuum machines, and monofflament line grass (c) Leaf blowers shall be prohibited from use between the hours of 5:00 p.m. and 9:00 a.m. Additionally, during the period of the year commencing December 1 and ending April 30, leaf blowers may be used on Saturdays only from 9:00 a.m. to 12:DO p.m. Leaf blowers shall not exceed a dedbel level of 65 dBA as measured at 50 feet from the point of operation. It shall be unlawful to blow . trash or •.( • into the public street. Bid No. A . and Pruning Servioes 26 Page 895 of 1037 nITITIETKU -"IDDER INFORMATION 77r7l7.M7-@lrW,== 7tl7T7wr.'jfijliTllT 7=77,71 =--ii CODE:COMPANY NAME: STREET ADDRESS: CITY, STATE, ZIP Page 896 of 1037 �1 Page 897 of 1037 Page 898 of 1037 :r Page 899 of 1037 Any questions concerning this ±ddendum should be addressed e »«¥±m9«ed Purchasing Contact ft(561)838 06. John mar signature page with the addendum number, completing the following section and returning with she Proposal Documntsto verify receipt. : ��. |, |,and Zip: Telephone:4f /No. 2015 -DB,: Trimming and f«»r+ Addendum No < *ages Page 900 of 1037 Page 902 of 1037 M •e tt PROJECT ! ! 0,000. 1. Section 2, The Town Manapr is her6bysutbodzed and directed to wMft this con(MCt on behalf of the Town of Palm Beach for r+ change order work sts recommended by the Public Works Director. dee) Town c.,xindilPresidant 011 0, AIA !;CouncilMber Jv r Page 903 of 1037 Page 905 of 1037 September 26, 2017 . •�—_ 's4i s F k Lia Lk k City of Boynton Beach C/O Glenda Hall, Public Works, Engineering 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 RE: City of Boynton Beach Palm Beach Countv's Tree Health Professionals= I, Orli Zimmerman, affirm that Zimmerman Tree Service is currently under contract by the Town of Palm Beach (and City of Delray Beach) for tree trimming and pruning services We were awarded the contract in 2015 for a term of 12 months with the option to renew the contract for up to four additional 12 month periods. We are currently in our third 12 month term. Please be advised that adjustments are made to pricing based on the Consumer Price Index. Zimmerman Tree Service would like to extend our services to the City of Boynton Beach and guarantee the same pricing structure adopted by the Town of Palm Beach. We certify that the price or rate represents the lowest price or rate for the non -real property, goods or services of any contract between the vendor and any other governmental entity within the State. If you have any further questions or concerns please do not hesitate to contact me. Regards, Orli Zimmerman Zimmerman Tree Service 561-703-0379 4660 71" Court South -- Lake Worth, FL 33463-7801 — WPB (561) 968-1045 — FAX (561) 966-4612 www.zimmennantreeservice.com Page 906 of 1037 From: Hall, Glenda Thursday, October 05, 20173:40PK4 Greco -Ar ncibia,Adhonma FW: COPY OFBID DOCS 8kTAB SHEET - BID NO2O1S-OQ-TREE TRIMMING & PRUNING SERVICES Glenda Hall Forestry & Grounds Manager Public Works, Engineering City ofBoynton Beach . 1OOE,Boynton Beach Blvd. | Boynton Beach, Florida 33435 �— 561-742-6228 America's Gateway to the GUlfstrearn Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclasure.Under Florida records law, email addresses are public records. Therefore, your e-mail corn m u nication and Your e-mail address may besubject tmpublic disclosure. From: Krasnoff, Leah Sent: Thursday, October O5,ZO17Z:30PM To: Hall, Glenda Subject: FW: COPY OF BID DOCS &TAB SHEET- BID NO 2015-08 - TREE TRIMMING & PRUNING SERVICES You were copied mnthis emaiL.. Leah Krasnoff Accounting Technician Financial Services City ofBoynton Beach 1O0E.Boynton Beach Blvd I Boynton Beach, Florida 33435 �~ 561-742-6308 �� Krasnoff L@bbfius | ii�h http://mmvvv.bqyntmn-beach.org/ Please be advised,that Florida has a broad public records law and all correspondence to me via email may be subject to I Page 907 of 1037 disclosure.Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: John Cmar [rnaflspp3r, yur,�fp ,Kr '�70�,alm 3ea,_,ch.,c ril] O Sent: Monday, October 02, 2017 3:25 PM To: Triestman, Ilyse Cc: Hall, Glenda; Krasnoff, Leah Subject: RE: COPY OF BID DOCS & TAB SHEET - BID NO 2015-08 - TREE TRIMMING & PRUNING SERVICES Hey! Happy New Year! We haven't issued the FY18 PO yet (it will be this week). Here's the rates, with CPI increases, that's shown on the requisition: 3 man crew - @ $233.72 per hour 2 man crew - @ $159.93 per hour Flagger - @ $78.03 per hour Climber - @ $78.03 per hour Hope this helps! Everyone says HI! John Cmar Purchasing Coordinator Town of Palm Beach From: Triestman, Ilyse [!L@fto:1'riestrnan1 I &I k2V-1. Sent: Monday, October 02, 2017 3:11 PM To: John Cmar Cc: Hall, Glenda ; Krasnoff, Leah Subject: RE: COPY OF BID DOCS & TAB SHEET - BID NO 2015-08 -TREE TRIMMING & PRUNING SERVICES Hi John — Hope you can answer this question—if not, would you please forward this em ail to Sandy for response? We'd greatly appreciate it. We're considering piggybacking this Contract with Zimmerman. Did you permit a CPI adjustment for the first and second renewals? If so, what's the current unit prices for each line Item? Is there an updated tabulation sheet that you provide'? We need this backup to go forward with our Commission approval. Thanks, Ilyse (D Page 908 of 1037 IlyseTriestmn, CPP®, CPPB, FCCN Purchasing Manager Financial Services City of Boynton Beach 100 E. Baynton Beach Blvd. I Boynton Beach,Florida 33435 51161-7142-163212 tri e strnan1 5 h9 R : www -bo r-ton-beach-rar WE America's Gateway to the Gulfstream Please be advised♦ ws law and all correspondence to me via ernail may be subject to disclosure.Under Florida records law, email addresses are public records, Therefore, From: John Cmar Jp6a ltP JCmar: c;w_n.:f a1mBeach.c m] Sent: Thursday, September 28, 20173:04 PM To: Triestman, Ilyse Cc: Hall, Glenda Subject: RE: COPY OF BID DOCS & TAB SHEET ,n BID NO 2015-08 - TREE TRIMMING & PRUNING SERVICES Em Glad to Dear you didn't have any darrrage and didn't have the fun of sitting there in the dark! We just had sonne shrubbery blown over and some pool screen panels —whewl Attached are the 2 resolutions you asked for. Tell Alex we said hi. John C ar Purchasing Coordinator Town of Palm Beach: Purchasing Division 9.51 Okeechobee Road, Suite V `est Palm Beach, FIL 33401 Phone: 551-227-7002 Fax: 56:1-83.5-4588 �6 towrt fp !qi eaftcorn From: Triestman, Ilyse � ailtc:a ipriestn a: l ad Lu,,.." .1 Sent: Thursday, September 28, 2017 2:28 PM _. To: John Cmar<JCo:ar4TownofPa1mBeacn.corn> Cc: Hall, Glenda <Ha11G(@bbfi,us> Subject: RE: COPY OF BID DOCS & TAB SHEET - BID NO 2015-08 - TREE TRIMMING & PRUNING SERVICES M John ... hope you're well and that you fared well during Irma. We were actually in Tennessee for a previously scheduled family trip.... needless to say, we were all on pins and needles—but we all were spared. Page 909 of 1037 The main purpose of my email...if possible, would you please send me the awarding reso. for this item (Res. 046-2015) and the current renewal reso? we'd greatly appreciate your assistance. UyseTrieotnan,CPPO,CPPB, FCCM Purchasing Manager Financial Services City ofBoynton Beach 100 E. Boynton Beach Blvd. | Boynton Beach, Florida 33435 FE] 561-742-6322 Lriestman1@qbbfLus | [E] America's Gateway tnthe Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e-mail communication and Your e-mail address may be subject to public disclosure. From: John Cnlar Sent: Friday, June 09, 2017 1:15 PM To: Tries man,|lyse Cc: Hall, Glenda Subject: RE: COPY OF BID DOCS & TAB SHEET- BID NO 2015-08 - TREE TRIMMING & PRUNING SERVICES JohnCmpr Purchasing Coordinator Town of Palm Beach Purchasing Division 951Okeechobee Road, Suite 'Dy West Palm Beach, FL33401 Phone: 561-227-7002 Fax: 561-835-4688 From: Triestman,|lyse Sent: Friday, June 09, 2017 11:45 AM To: John Cn1ar Cc:Hall, Glenda Hi John — Happy Friday! Hope all's well with you! Page 910 of 1037 Would you please send me a copy of the advertised bid, addendum & tab sheet for this project? I tried downloading from demandstar but got error messages. O Trying to help out our Forestry and Grounds Manager, Glenda; she is looking for a contract for the pruning of trees & palm trees. We appreciate your help! Thank you and hope you have a great weekend! -Ilyse O llyseiriestmar), CPPD, CPPB, FCCN Purchasing Manager Financial Services City of Boynton Beach 100 E. Boynton Beach Blvd. I Boynton Beach,Floria 33435 561-742-6322 .riei,ji.s [ [ h11 rw.bo neon-beach.or .. America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure. Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. Please be advised that under Florida law, e-mails and e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact the Town of Palm Beach by phone at (561) 838-5400, or in writing: 360 S. County RD, Palm Beach, FL 33480. Please be advised that under Florida law, e-mails and e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact the Town of Palm Beach by phone at (561) 838-5400, or in writing: 360 S. County RD, Palm Beach, FL 33480. Please be advised that under Florida law, e-mails and e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact the Town of Palm Beach by phone at (561) 838-5400, or in writing: 360 S. County RD, Palm Beach, FL 33480. Page 911 of 1037 7.D. REQUESTED ACTION BY COMMISSION: Approve the ranking of the proposers as determined by the Evaluation Committees and authorize staff to conduct negotiations with the three highest ranked firms: The Mellgren Planning Group; Jon E. Schmidt & Associates d/b/a/ Schmidt Nichols; and Gentile Glas Holloway O'Mahoney & Associates, to establish contracts in accordance with Request for Qualifications - RFQ No.: 049-2410-17/IT for General Planning Services and as per Florida Statutes 287.055, Consultants' Competitive Negotiations Act (CCNA). At completion of negotiations contracts will be brought back to the Commission for approval. EXPLANATION OF REQUEST: On August 1, 2017, pursuant to the Consultants' Competitive Negotiation Act (CCNA), Procurement Services opened eight (8) proposals in response to the "Request for Qualifications for General Planning Services." This RFQ was issued seeking qualifications from firms interested in providing general planning services to the City. After reviewing all proposals in accordance with the evaluation criteria contained in the RFQ, in a public meeting, the selection committee scored and ranked the firms and shortlisted: The Mellgren Planning Group; Calvin, Giordano & Associates; Gentile Glas Holloway O'Mahoney & Assoc.; The Corradino Group; Schmidt Nichols; Redevelopment Management Assoc.; Keith and Schnars and Keith & Associates. The Part 1 Ranking and Average Scores are as follows: FIRM AVERAGE POINTS (MAX. 100) RANKING The Mellgren Planning Group 87 1 Calvin, Giordano & Associates 86.33 2 Gentile Glas Holloway O'Mahoney & Assoc. 83 3 The Corradino Group 82.33 4 Schmidt Nichols 82 5 Redevelopment Management Assoc. 81 6 Keith and Schnars 80.67 7 Keith & Associates 80 8 In accordance with the process outlined in the RFQ, the top five (5) ranked firms and their teams were invited to participate in oral presentations/interviews. Subsequent to the presentations/interviews, the selection committee independently scored each vendor and in a publicly noticed final ranking meeting held on October 5, 2017, the committee disclosed their scores for the presentations/interviews. The Final Ranking and Average Scores are as follows: FIRM I AVERAGE POINTS I RANKING Page 912 of 1037 Based upon these scores, the Committee unanimously voted to accept the rankings and recommended by consensus to prepare an agenda item to City Commission recommending approval of these rankings and authorization to proceed in negotiating Contracts with the three highest ranked firms: The Mellgren Planning Group; Schmidt Nichols and Gentile Glas Holloway O'Mahoney & Associates. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Approval of this request will allow the Development Department to perform various types of planning work, such as platting and abandonments, development review services, etc. for the City on an as needed basis. FISCAL IMPACT: Budgeted No fiscal impact until work is assigned. Cost of planning services relating to a capital improvement project is included within the project budget. General planning services are budgeted within departmental operating budgets. ALTERNATIVES: Not accept the committee's ranking; Re -rank and approve commission ranking; Request oral presentations to commission then rank; or Not to award and issue a new Request for Qualifications. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description General Planning Services RQ - Final Ranking Memo Page 913 of 1037 (MAX. 100) The Mellgren Planning Group 93 1 Schmidt Nichols 91.67 2 Gentile Glas Holloway O'Mahoney & Assoc. 91 3 Calvin, Giordano & Associates 88 4 The Corradino Group 87.33 5 Based upon these scores, the Committee unanimously voted to accept the rankings and recommended by consensus to prepare an agenda item to City Commission recommending approval of these rankings and authorization to proceed in negotiating Contracts with the three highest ranked firms: The Mellgren Planning Group; Schmidt Nichols and Gentile Glas Holloway O'Mahoney & Associates. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Approval of this request will allow the Development Department to perform various types of planning work, such as platting and abandonments, development review services, etc. for the City on an as needed basis. FISCAL IMPACT: Budgeted No fiscal impact until work is assigned. Cost of planning services relating to a capital improvement project is included within the project budget. General planning services are budgeted within departmental operating budgets. ALTERNATIVES: Not accept the committee's ranking; Re -rank and approve commission ranking; Request oral presentations to commission then rank; or Not to award and issue a new Request for Qualifications. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description General Planning Services RQ - Final Ranking Memo Page 913 of 1037 f :e 56 0 ! 4' NOTICE OF INTENT TO NEGOTIATE/AWARD y ]... SOLICITATION NO. 1 NO. I ' ' I; SOLICITATIONGENERAL DATE OF NOTICE:October 1 2017 9 1 f -li 1M=1 PLANNINGRANKING: 1. THE MELLGREN GROUP 2. SCHMIDT NICHOLS 3. GENTILE GLAS HOLLOWAY f 4. CALVIN, GIORDANO i ASSOCIATES 5. THE I! ' ' 1 f . # J'' approve the Selection Committee Rankings Iauthorizeto enterinto negotiations I: he threehighest I 1'firms:i MELLGREN GROUP, ID T " GENTILE GLAS HOLLOWAY U I 1 -Aher action is taken by the Ilf IJ 1authorityto otherwise if the i b l i A 1 11 ff 1 f I Fri Page 914 of 1037 `t 1 10 1 m I r I N LL & = j S K C g �5 `az 3 o 0 0® 0ooa 0 0 0® 000® o o o® 000® mo o®® 4o c{® 000 0® 00oo d ® CD co m®w� e>mwN oOoN wwm�^ u' r a h ® Y=® 000 000 000 006 000 q0 o z oayo 6Iz6 occ oro Y Z Q dW 0 o40 0 040 0 040 00 aoo 000 000 W. Q W O c6 r O cd .6 O(s r C 0 F n w a w d w o 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O 0 0 0 W Q W O CO W O W S��!! O {CVVNO v ffVV N r LUC6 Q J A ® r O CI z —Fp wle n Q O o 0 0 0 0 c o o ® 0 0 0 o C+ O Q O 0 0 0 0 0 0 0 O 0 0 0 CL UJ W® -Mc p0p a O� ®W WF FLLI U. H L1 p~F- w' 0 0 0 O O o 0 0 0 O O CJ O O O O O o 0 0 Q O O O 0 0 0 O O O o W rQ Omr rrr mr 71 rr CD0m rrr NaO� W G7 tD rrr LL �gCY 4 LL J awN � p`� O 0 0 1700 0 0 0 QO O 0 0 0 000 Cs 0 0 OG0 0 0 0 OOO W LL �� W u5 P- Parr OOm O W S4Z W O CGI V = � d H uj �w W ® 4 I 4 a ®8 a U. d c ® y W® Qp s® la 19 le LL & = j S K C f h :E W �5 `az Page 915 of 1037 M PUBLIC HEARING 10/17/2017 REQUESTED ACTION BY COMMISSION: Approve Courtyard Gardens Major Site Plan Modification (MSPM 17-007) for a one-story, 51,258 square foot inpatient medical facility with memory care and related site improvements at 3005 S. Congress Avenue, in the C-3 (Community Commercial) zoning district. Applicant: Joni Brinkman, Urban Design Kilday Associates. EXPLANATION OF REQUEST: Joni Brinkman, of Urban Design Kilday Associates, representing Sannlor Properties, LLC and Courtyard Gardens of Boynton Beach, LLC, is requesting Major Site Plan Modification approval to construct a one-story, 51,258 square inpatient medical facility with memory care and related site improvements. According to information provided by the applicant, the proposed facility will provide 150 beds and specialize in Alzheimer's and dementia care. The site proposed for development was the southern portion of the Manor Care campus, housing a 120 -bed assisted living facility, while the northern site housed a nursing and rehabilitation facility (still in operation). The former assisted living facility was ultimately demolished following significant roof damage from a hurricane in 2009. Since the building demolition, this property was site plan approved for The Slomin Family Center for Autism (NWSP 10-005), which was never built. After the expiration of the Slomin approval, an application was submitted to construct a 19,000 square foot inpatient detox facility (Novus Medical Center MSPM 15-008), which was denied by the City Commission in November of 2015. Staff recommends approval, subject to the Conditions of Approval listed in Exhibit C. The Planning & Development Board reviewed this request at their September 26, 2017 meeting and recommend approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Revenue associated with permit fees, property taxes and business tax ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Page 916 of 1037 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Location Map D Drawings Site Plan D Drawings Sur y D Drawings Floor Plan D Drawings Building Elevations D Drawings Signage Plan D Drawings Landscape Plans D Drawings Civil Plans D Drawings Photometric Plan D Conditions of Approval Conditions of Approval D Development Order Development Order Page 917 of 1037 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-042 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: August 15, 2017 PROJECT NAME/NO: Courtyard Gardens / MSPM 17-007 REQUEST: Major Site Plan Modification Property Owner: Applicant: Location: Existing Land Use: Existing Zoning: Proposed Land Use: PROJECT DESCRIPTION Sannlor Properties, LLC Joni Brinkman, Urban Design Kilday Associates 3005 South Congress Avenue (see Exhibit "A" — Location Map) Local Retail Commercial (LRC) Community Commercial (C3) No change proposed Proposed Zoning: No change proposed Proposed Use: Request for Major Site Plan Modification approval to construct a one-story, 51,258 square foot inpatient medical facility with memory care and related site improvements. Acreage: 4.4 acres (191,163 square feet) Adjacent Uses: North: A developed property containing an inpatient medical facility for nursing and rehabilitation services (Manor Care) with a Local Retail Commercial (LCR) future land use classification, and zoned C-3 (Community Commercial); South: Right-of-way for North Charter Drive, and farther south is a recreational facility, with a Recreational (R) future land use classification, and zoned REC (Recreation); East: Right-of-way for Congress Avenue, and farther east is a developed property Page 918 of 1037 Staff Report — Courtyard Gardens (MSPM 17-007) Memorandum No PZ 17-042 Page 2 consisting of a self -storage facility, with an Industrial (1) future land use classification, and zoned M1 (Industrial); and West: Right-of-way for Palmland Drive, and farther west is a multi -family development (Chanteclair Villas), with a High Density Residential (HDR) future land use classification, and zoned R-3 (Multi -Family). Site Details: The subject site is vacant and is located on the northwest corner of Congress Avenue and North Charter Drive. The property is directly adjacent to a similar medical use. The two (2) properties share an ingress/ egress easement from a single access point on Congress Avenue. The site also contains two (2) former access points off of North Charter Drive. BACKGROUND Proposal: Joni Brinkman, of Urban Design Kilday Associates, representing Sannlor Properties, LLC and Courtyard Gardens of Boynton Beach, LLC, is requesting Major Site Plan Modification approval to construct a one-story, 51,258 square inpatient medical facility with memory care and related site improvements. According to information provided by the applicant, the proposed facility will provide 150 beds and specialize in Alzheimer's and dementia care. The site proposed for development was the southern portion of the Manor Care campus, housing a 120 bed assisted living facility, while the northern site housed a nursing and rehabilitation facility (still in operation). The former assisted living facility was ultimately demolished due to hurricane damage in 2009. Since the building demolition, this property was site plan approved for The Slomin Family Center for Autism (NWSP 10-005), which was never built. After the expiration of the Slomin approval, an application was submitted to construct a 19,000 square foot inpatient detox facility (Novus Medical Center MSPM 15-008), which was denied by the City Commission in November of 2015. ANALYSIS Concurrency: Traffic: A traffic statement for the proposed project was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. A traffic concurrency approval letter was received from Palm Beach County indicating that 21 AM peak hour trips and 33 PM peak hour trips would be generated as a result of this project and that no permits are to be issued after the build -out date of December 31, 2021. School: School concurrency is not required for this type of project. Utilities: The City's water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project, subject to the applicant making a firm reservation of capacity, following site plan approval. Page 919 of 1037 Staff Report — Courtyard Gardens (MSPM 17-007) Memorandum No PZ 17-042 Page 3 Police / Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Drainage: Conceptual drainage information was provided for the City's review. The applicant intends to retain the previously approved detention areas on the east and west portions of the site. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Vehicular Access: The site plan (Sheet A1.1) shows that four (4) primary points of ingress/egress are proposed for the new building. Two of the ingress/egress points, located on the north property line, may be accessed via the recorded ingress/ egress easement that the adjoining properties share. The remaining two entries are along the south property and are accessed by North Charter Drive. Employee parking is located at the western side of the property, behind the building, while general visitor parking will be at the eastern portion of the property, in front of the building. Circulation: Vehicular circulation from each driveway would include two-way circulation that continues throughout the two parking areas. Pedestrian connectivity is provided completely around the building with two (2) connections to the sidewalk along South Congress Avenue, one from the existing sidewalk along North Charter Drive and the other from a new sidewalk connection proposed along the north side of the site. Parking: The site plan (Sheet A1.1) depicts a 51,258 square foot inpatient medical facility with 150 beds, which requires 60 parking spaces, based upon the standard of one (1) parking space per 2.5 beds. The site plan depicts 73 parking spaces, including four (4) designated for handicap use. All proposed parking stalls, including the size and location of the handicap spaces, were reviewed and approved by both the Engineering Division and Building Division. In addition, all necessary traffic control signage and pavement markings will be provided to clearly delineate areas on site and direction of circulation. Landscaping: The landscape plan (Sheets PP -1 & PP -2) indicates compliance with the required minimum buffers around the perimeter of the site. The buffer proposed adjacent to Congress Avenue is approximately 130 feet wide and includes landscape pods between the sidewalk and the drainage detention area and another seven (7) foot wide landscape strip at the parking lot. Along the west property line, adjacent to the multi -family community, a fifteen (15) foot wide buffer is provided, which includes an existing six (6) foot high buffer wall with plantings on each side, as required by code. Typical trees utilized in the planting scheme include Green Buttonwood, Silver Buttonwood, Live Oak, Red Maple, Verawood, and Cassia, along with Cocoanut, Montgomery, Lady and Sabal palm trees. Additionally, several existing trees on the site will be preserved in place or relocated on site, including Live Oak, Black Olive, Tabebuia, and Tropical Almond canopy trees and Sabal palms. Typical shrubs utilized in the planting scheme include Cocoplum, Green and Silver Buttonwood, Green Island Ficus, Dwarf Fire Bush, and Schefflera. The pervious area would total 50% of the entire site and consists of landscaped and open space areas. The landscape code requires that 50% or more of the plant Page 920 of 1037 Staff Report — Courtyard Gardens (MSPM 17-007) Memorandum No PZ 17-042 Page 4 material be native species or low to medium water demand varieties. All plant materials within the Plant Schedule are designated as native or low water use, other than the annuals/perennials, which total 40 individual plants. The code also limits the use of sod to larger open spaces for passive or active recreation purposes, as well as swales, water detention and retention areas, in an effort to reduce water consumption. The applicant has reduced the amount of sodded areas from the original submittal, limiting placement to the enclosed courtyard area and in and around the drainage detention areas, with the area around each detention area designed as a passive park area with a couple of benches. Building and Site: The proposed building is designed as a one (1) -story structure with hip roofs at two varying heights to provide architectural character to the structure. The proposed building placement complies with the minimum setbacks of the C-3 zoning district. The proposed building would be setback approximately 169 feet from the east property line; this setback includes the retention area and parking area set in front of the structure. The building's rear setback, which is closest to the multi -family community, is approximately 147 feet; this area includes the employee parking, retention area, and the 15 foot landscape buffer and wall. The floor plan (Sheet A2.1) indicates the proposed building will contain 80 patient rooms, with a total of 150 beds, administrative offices, kitchen and dining halls, and amenities such as a hair salon, wellness center, ice cream parlor, library, and chapel. Given the plan to use the building for a medical use which is open 24 hours a day and provides 24 hour healthcare and/or treatment, the site design and operational requirements of Ordinance No. 15-002 are applicable. Such requirements include measures for site security including surveillance cameras, limited and controlled access points, operational procedures to restrict unauthorized or unarranged accessing or exiting of the property, and design and screening for privacy of patients. Certain of these regulations may be deemed unnecessary based upon the use or operation, and justification by the applicant. As the proposed use is an assisted living facility for patients suffering with dementia and Alzheimer's, the applicant has chosen to satisfy these requirements through the proposed building design, which establishes security through secured/controlled exterior access points utilizing card key technology and through the use of security cameras in all common areas and hallways. The applicant indicates the controlled access into and out of the facility itself negates the need for a continuous perimeter fence. The primary outdoor amenity for patients is the interior courtyard, which is surrounded on all four (4) sides by the building. Additionally, there is a six (6) foot tall masonry wall and buffer landscaping on the west side of the property. Building Height: The building elevations (Sheet A2.2) indicate the highest point of the structure to be 26 feet and 1.5 inches in height, with the typical top of roof being approximately 19 feet, well below the maximum height of 45 feet allowed in the C3 zoning district. Design: The proposed building utilizes many similar design features as many medical facilities. According to the Exterior Elevations (Sheet A2.2), the main body paint color of the building would be a cream "Crescent Moon" — SW 7124. The accent color of the cornice, trim, door and window trim, columns, and brackets would be a white "Extra White" — SW 7006. The shutters and railings would be painted black. The building is designed with a hip roof, with the majority of the roof covered in grey flat concrete tiles and the smaller accent hip roof areas and covered entries Page 921 of 1037 Staff Report — Courtyard Gardens (MSPM 17-007) Memorandum No PZ 17-042 Page 5 covered with black standing seam metal. Public Art: The applicant has indicated they have not selected the proposed artwork or artist at this time. Based upon the valuation of the project being proposed at nearly $5.5 million, the artwork to be placed onsite will be valued at approximately $38,000. Ultimate review and approval of the artist and artwork will be under the purview of the Arts Commission. Site Lighting: The photometric plan (Sheet E1.1) proposes a total of nineteen (19) freestanding pole lights, nine (9) of which would be 20 feet in height, and ten (10) of which would be installed at 15 feet in height. Each would be fitted with new Phillips Gardco Eco LED fixtures, black in color. Additionally, the spot readings are in compliance with the code maximum of 5.9 foot-candles, with an average reading of 1.96 foot- candles. Per Chapter 4, Article VII., Section 3.C. of the Land Development Regulations, all proposed lighting shall be shielded to direct light down and away from adjacent properties and rights-of-way. The height of the pole and wall fixtures was chosen to mitigate any light trespass onto the residential properties over 100 feet away, and in conjunction with the landscape buffer on the west property line, there should be no adverse impacts from the project lighting. Signage: The applicant is proposing two (2) monument site signs, as allowed by code for properties with entrances on two (2) separate roadways. The first sign is proposed along Congress Avenue, setback a minimum of 10 feet from the property line as required by code. The sign is proposed to be externally illuminated, eight (8) feet in height and painted to match the building, with bronze aluminum letters and numerals. The second monument sign is proposed at the easternmost driveway off of North Charter Drive, and will match the design of the Congress Avenue sign, except it will be five (5) feet in height. A wall sign is also proposed on the face of the covered entry. RECOMMENDATION The Development Application Review Team (DART) has reviewed this request for Major Site Plan Modification approval and recommends approval contingent upon satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. 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I la� "Iu &� r '9tJgJ0m d9 ®gOg ®Q1Y ®LYtl1iaYU V 9L'lOBHY 1(Y D 1N9ND N6.0Y � 9161900N 81MLMN lOV ANY N ATIg9YY9D QNII emxoaa`HaeaanoiKxoa a anV SSaxONOO S soon 9 b ®N Y6y1t10� ®AM 99® 70 9YW Y19N � d019N W � 19® 9� TIY NQY1000,Y1 N/ 9K:n ENRON smommomm moilo!! on 1VAONddV NV1d JUS - ONIAiI GJISISSV SNHC[dVO CrdV ADMOD Q � a g § $ g x 4 � 3k tl.�3 9 g a �ni�a aNdtt��dd ENRON smommomm moilo!! on Q � a g § $ g x 4 � 3k tl.�3 9 g a �ni�a aNdtt��dd EXHIBIT C Conditions of Approval Project Name: Courtyard Gardens File number: MSPM 17-007 Reference: 3rd review plans identified as a Maior Site Plan Modification with an August 16, 2017 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. The applicant will be responsible for replacing all broken sidewalk along property's frontage of Congress Ave, Charter Drive and Palmland Drive. X 2. Please repair wall along property's frontage of Palmland Drive as necessary. X 3. At time of permit submittal, please include an irrigation plan. X FIRE Comments: None, all previous comments addressed at DART meeting. POLICE Comments: None, all previous comments addressed at DART meeting. BUILDING DIVISION Comments: None, all previous comments addressed at DART meeting. PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: Page 941 of 1037 Courtyard Gardens (MSPM 17-007) Conditions of Approval Paae 2 of 2 DEPARTMENTS I INCLUDE REJECT 4. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04-007 and Ordinance 05-004, and an affidavit with attachments (ownership list, radius map, and copy of mailing labels) is required to be provided X to the City Clerk and Planning & Zoning one (1) week prior to the first public hearing. 5. On Sheet A1.1, the existing sign for the neighboring property, Manor Care, will require a sign easement in order to remain on this parcel. X 6. Please be aware the public art component of the project must be sited where it is publicly accessible 24/7. Please contact Debby X Coles-Dobay, Public Arts Manager, for further information. COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Courtyard Gardens - 3005 S. Congress\COA post P&D.doc Page 942 of 1037 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Courtyard Gardens (MSPM 17-007) APPLICANT: Joni Brinkman, Urban Design Kilday Associates APPLICANT'S ADDRESS: 610 Clematis Street, CU02, West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 17, 2017 APPROVAL SOUGHT: Request for Major Site Plan Modification approval to construct a one-story, 51,258 square foot inpatient medical facility with memory care and related site improvements, located on the NW corner of S. Congress Avenue and N. Charter Drive, in the C-3 (Community Commercial) zoning district. LOCATION OF PROPERTY: 3005 South Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Courtyard Gardens\ MSPM17-007\DO.doc Page 943 of 1037 M PUBLIC HEARING 10/17/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-030- FIRST READING - Approve 711 North Federal Highway Abandonment (ABAN 17-007) request allowing the abandonment of a portion of the alley immediately west of 711 North Federal Highway, and immediately north of NE 6th Avenue. Applicant: Michael Simon, Executive Director of the Boynton Beach Community Redevelopment Agency (CRA). EXPLANATION OF REQUEST: Michael Simon, Executive Director of the Boynton Beach Community Redevelopment Agency (CRA), is requesting to abandon a portion of the 20 -foot wide alley right-of-way (ABAN 17-007) immediately west of 711 North Federal Highway, and immediately north of NE 6th Avenue. The CRA is requesting the abandonment as owner of the abutting 711 N. Federal Highway, in preparation for the sale of the property to the owner of the boat dealership that operates immediately to the north (South Florida Master Craft), to facilitate the expansion of their business venture. Similar segments of the same alley have previously been abandoned, which abutted other properties to the north of the subject parcel; at 725 N. Federal Highway (South Florida Master Craft) and 805 N. Federal Highway (Miami Aqua Culture), in 2009 and 2005, respectively. Staff has determined that the requested abandonment would not adversely impact traffic or other City functions, and would not adversely impact other adjacent property owners. Based on the above -analysis, staff has determined that the subject alley no longer serves a public purpose, and therefore recommends APPROVAL of the applicant's request, subject to the attached conditions. The Planning & Development Board reviewed this request at their September 26, 2017 meeting and recommends approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Additional tax revenue from property being placed on the tax roll. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Page 944 of 1037 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Ordinance D Staff Report D Location Map D Drawings D Conditions of Approval D Development Order Description Ordinance abandoning a portion of 20 foot wide alley regarding 711 North Federal Highway Staff Report Location Map Legal Description & Sketch Conditions of Approval Development Order Page 945 of 1037 1 ORDINANCE NO. 17- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING ABANDONMENT OF A 5 PORTION OF THE 20 -FOOT WIDE ALLEY RIGHT OF WAY 6 IMMEDIATELY WEST OF 711 NORTH FEDERAL 7 HIGHWAY AND IMMEDIATELY NORTH OF NORTHEAST 8 6TH AVENUE, MORE PARTICULARLY DESCRIBED 9 HEREIN, SUBJECT TO STAFF COMMENTS; 10 AUTHORIZING THE CITY MANAGER TO EXECUTE A 11 DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS 12 ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH 13 COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE 14 DATE. 15 16 17 WHEREAS, the Boynton Beach Community Redevelopment Agency, Applicant 18 is requesting to abandon a portion of the 20 -foot wide alley right-of-way lying between 19 711 North Federal Highway and the FEC Railroad right of way, subject to staff comments; 20 and 21 22 WHEREAS, comments have been solicited from the appropriate City 23 Departments, and public hearings have been previously held before the City's Planning & 24 Development Board, and the City Commission on the proposed abandonments; and 25 26 WHEREAS, staff has determined that the subject portion of the 20 -foot wide alley 27 right of way requested to be abandoned does not adversely impact traffic, or affect other 28 adjacent property owners and therefore no longer serves a public purpose, and the City 29 Commission adopts that finding. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 32 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 33 34 Section 1. The foregoing Whereas clauses are true and correct and 35 incorporated herein by this reference. 36 37 Section 2. The City Commission of the City of Boynton Beach, Florida, does 38 hereby abandon a portion of the 20 -foot wide alley right-of-way lying between 711 North 39 Federal Highway and the FEC Railroad right of way, subject to staff comments. The 40 property being abandoned is more particularly described as follows: 41 42 A portion of the 20 foot alley lying parallel with and contiguous to the east 43 right-of-way line of the Florida East Coast Railroad and the west line of Lots 44 19 through 22, PENCE & KING ADDITION TO THE TOWN OF 45 BOYNTON, according to the plat thereof, as recorded in Plat Book 1, Page CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\FOD3519B-452C-4FB4-8F87-A1 EBFOFACA76\Boynton Beach.7226.1.711_North_Federal_Highvway_ Abandonment - Ordinance.doc Page 946 of 1037 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 50, of the Public Records of Palm Beach County, Florida, as decribed as follows: That portion of a 20 foot alley, bounded on the east by the west line of Lots 19 through 22, bounded on the west by the east right-of-way line of the Florida East Coast Railroad, bounded on the north by the westerly extension of the south line of the north 5.00 feet of Lot 19, and bounded on the south by the westerly extension of the north line of the south 21.5 feet of Lot 22, all of PENCE & KING ADDITION TO THE TOWN OF BOYNTON, according to the plat thereof as recorded in Plat Book 1, Page 50, of the Public Records of Palm Beach County, Florida. Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. 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 (Corporate Seal) VOTE YES NO CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\FOD3519B-452C-4FB4-8F87-A1 EBFOFACA76\Boynton Beach.7226.1.711_North_Federal_Highvway_ Abandonment - Ordinance.doc Page 947 of 1037 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that The City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of the 20 -foot wide alley right-of- way lying between 711 North Federal Highway and the FEC Railroad right of way, subject to staff comments. The property being abandoned is more particularly described as follows: A portion of the 20 foot alley lying parallel with and contiguous to the east right- of-way line of the Florida East Coast Railroad and the west line of Lots 19 through 22, PENCE & KING ADDITION TO THE TOWN OF BOYNTON, according to the plat thereof, as recorded in Plat Book 1, Page 50, of the Public Records of Palm Beach County, Florida, as decribed as follows: That portion of a 20 foot alley, bounded on the east by the west line of Lots 19 through 22, bounded on the west by the east right-of-way line of the Florida East Coast Railroad, bounded on the north by the westerly extension of the south line of the north 5.00 feet of Lot 19, and bounded on the south by the westerly extension of the north line of the south 21.5 feet of Lot 22, all of PENCE & KING ADDITION TO THE TOWN OF BOYNTON, according to the plat thereof as recorded in Plat Book 1, Page 50, of the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of 2017. ATTEST: Judith A. Pyle, CMC City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) CITY OF BOYNTON BEACH, FLORIDA Lori LaVerriere, City Manager BEFORE ME, the undersigned authority, personally appeared Lori LaVerriere and Judith A. Pyle, CMC, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\FOD3519B-452C-4FB4-8F87-A1 EBFOFACA76\Boynton Beach.7226.1.711_North_Federal_Highvway_ Abandonment - Ordinance.doc Page 948 of 1037 the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of 2017. NOTARY PUBLIC, State of Florida My Commission Expires: CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\FOD3519B-452C-4FB4-8F87-A1 EBFOFACA76\Boynton Beach.7226.1.711_North_Federal_Highvway_ Abandonment - Ordinance.doc Page 949 of 1037 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-049 TO: Chair and Members Planning & Development Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: August 22, 2017 SUBJECT: Request for abandonment of a portion of the alley immediately west of 711 North Federal Highway, and immediately north of NE 6th Avenue (ABAN 17- 007). NATURE OF REQUEST Michael Simon, Executive Director of the Boynton Beach Community Redevelopment Agency (CRA), is requesting to abandon a portion of the 20 -foot wide alley right-of-way (ABAN 17-007) immediately west of 711 North Federal Highway, and immediately north of NE 61h Avenue (see Exhibit "A" — Location Map). The CRA is requesting the abandonment as owner of the abutting 711 N. Federal Highway, in preparation of the property for purchase by the owner of the boat dealership immediately to the north (South Florida Master Craft), to facilitate the expansion of their business venture. More specifically, the applicant is requesting to abandon that portion of the 20 -foot wide alley right- of-way lying between 711 N. Federal Highway and the FEC Railroad right-of-way (as depicted and described in Exhibit "B" — Legal Description & Sketch). The following is a description of the zoning districts and land uses of the properties that surround the subject request: North: Developed commercial property (South Florida Master Craft) zoned C-4 (General Commercial); South: Right-of-way for NE 61h Avenue and farther south is developed commercial property (Goodyear Tire Store) zoned CBD (Central Business District); East: Currently unoccupied commercial property (formerly Amerigas Propane) zoned C-4 (General Commercial) and father east right-of-way for Federal Highway; and West: Right-of-way for the FEC Railroad, then farther west right-of-way for N. Railroad Avenue. Page 950 of 1037 Page 2 Memorandum No. PZ 17-049 ABAN 17-007 BACKGROUND The applicant is requesting to abandon a portion of the unimproved alley immediately east of the FEC Railroad right-of-way. Similar segments of the same alley have previously been abandoned, which abutted properties immediately to the north of the subject parcel; at 725 N. Federal Highway (South Florida Master Craft) and 805 N. Federal Highway (Miami Aqua Culture), in 2009 and 2005, respectively. The CRA acquired the property to spur redevelopment of the longtime propane gas site and received responses from several businesses looking to redevelop the site. The property owner immediately to the north, operator of South Florida Master Craft, is interested in expanding their operations onto the subject parcel and is working on the preparation of development plans for the site. Because their business operations involve larger vessels and trailers, maximum on site movements are necessary, and the additional 20 feet allows for greater turning movements and storage options. As a result, the CRA has submitted the necessary paperwork to abandon the alley. When a right-of-way, such as this unimproved alley, is abandoned the abandoned land is transferred in equal portions from the general public to the abutting property owner(s) per State Statute. Typically, two (2) properties would be affected by an abandonment request, and as a result one-half of the right-of-way is conveyed to one (1) abutting property owner and the other half is conveyed to the other abutting property owner. The applicant requesting this abandonment is the owner of the abutting property to the east (at 711 N. Federal Highway). Public records indicate that Florida East Coast Railway is the owner of the abutting property to the west (50 -foot wide railroad right-of-way). Since the FEC RR is a right-of-way entity, the entire abandoned 20 -foot wide alley parcel would become part of the applicant's property. ANALYSIS Owners of properties within 400 feet of the subject site were mailed a notice of this request and its respective hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007. A summary of the responses follows: CITY DEPARTMENTS/DIVISIONS Engineering No objection. Public Works/Utilities No objection. Planning and Zoning No objection. PUBLIC UTILITY COMPANIES Florida Power and Light No objection w/ provision of necessary easements and relocation of utilities at developer's cost, if necessary. Page 951 of 1037 Page 3 Memorandum No. PZ 17-049 ABAN 17-007 AT&T Florida Public Utilities Comcast Level 3 Sprint H otwi re Strome Networks Windstream PBC Traffic Engineering No objection w/ provision of necessary easements and relocation of utilities at developer's cost, if necessary. No objection. No objection. No objection w/provision of necessary easements and relocation of utilities at developer's cost, if necessary. No objection. No objection. No objection. No objection. No objection. RECOMMENDATION Staff has determined that the requested abandonment would not adversely impact traffic or other City functions, and would not adversely impact other adjacent property owners. Based on the above - analysis, staff has determined that the subject alley no longer serves a public purpose, and therefore recommends APPROVAL of the applicant's request, subject to the attached conditions. Any conditions requested by the Planning and Development Board or required by the Commission will be placed in Exhibit "C" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\711 N. Federal Hwy.WBAN 17-007\Staff Report.doc Page 952 of 1037 Exhibit A LOCATION MAP Page 953 of 1037 DESCRIPTIONSKETCH & PORTION PENCE & KING ADDITION TO TOWN OF BOYNTON BOOK 1, PAGE 50, .r CITY OF BOYNTON BEACH, PALM BEACH COQV-V, EL,#e A portion of the 20 foot alley lying parallel with and contiguous to the eas Florida East Coast Railroad and the west line of Lots 19 through 22, PENCE TOWN OF BOYNTON, according to the plat thereof, as recorded in Plat Book Records of Palm Beach County, Florida, described as follows: right—of—way KING ADDITIONTO TH 1, Page 50, of the Publil That portion of a 20 foot alley, bounded on the east by the west line of Lots 19 through 22, bounded on the west by the east right—of—way line of the Florida East Coast Railroad, bounded on the north by the westerly extension of the south line of the north 5.00 feet of Lot 19, and bounded on the south by the westerly extension of the north line of the south 21.5 feet of Lot 22, all of PENCE & KING ADDITION TO THE TOWN OF BOYNTON, according to the plat thereof, as recorded in Plat Book 1, Page 50, of the Public Records of Palm Beach County, Florida. Said lands situate and being in the City of Boynton Beach, Palm Beach County, Florida. SURVEYOR'S NOTES - 1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to this sketch by other than the signing party is prohibited without written consent of the signing party. 2. No Title Opinion or Abstract to the subject property has been provided. It is passible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public 'Records has been made by the Surveyor. . The land description shown hereon was prepared by the Surveyor. 4. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. 5. Abbreviation Legend: = Centerline, L.B. = Licensed Business; O.R.B. = Official Records Book; P = Per Record Plat; P.B. = Plat Book; P.B.C.R. = Palm Beach County Records; P.L.S. = Professional Land Surveyor; R/W = Right—of—Way. I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Standards of Practice set forth in Chapter 5J-17.050 through 5J-17.052, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes —7 1Date: 1, f MICHAEL D. AVIRQJ P , , Florida Registr ti6rrf Iia. 326” �; AVI OM r,& ASSGCI:AT , IN x➢ L.B.`No:'-3300 EMAIL: mik�Q`gv s rrr u r ey eom FZiVISIC1tl> .4i!!RC?ll� ASSOCIATES, IMS ' J OB0476 REV. fw n ocAnoN wary o�/>>/201� (MAX) &toss ,✓ SURVEYING & MAPPING IA50 S.W. 2nd AVENUE, SUITE 102 4/2512017w BOCA RATON, FLORIDA 33432 .M.K.(561) 392-2594 / www.AVIROMSURVEY.com.D.A.tSNE0 1002017 AVtROM & ASSOCIATES, INC. all rights reserved. G. NIAThis sketch is the property o! AVtROM & ASSOCfATES, (NC, and should Trot be reproduced orcopied without written permission. � 1,. 7 SKETCH & DESCRIPTION FOR: A PORTION OF WALLEY A PORTION OF LOT 22, PENCE & Kf,,LRm10AI10%-# 0#Tf4j (PLAT BOOK 1, PAGE 50, P.B.C.R.) CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA L 25' 741 a REVISIONS �mmm 1� .. . ... . 0 LAKE ADDITION TO TOWN OF BOYNTON (P.B. 11/71, P.B.C.R.) DEED LESSOUT I NORTH 5' OF LOT 19 1 (O.R.B. 28504/483, P.B.C.R.) I I � LOT 19 WESTERLY EXTENSION 00 SOUTH LINE OF NORTH 5' OF LOT 19 0 0 n, Ln rn z i00 Ln 1 LOT 20 < C) CN -.J- co 0 ICq C/) LOT LINE (TYPICAL) _;7 En 0 Ag _`_ P� — m I Ln U LOT 21 bi 0 - n bi I— I LL_ WESTERLY EXTENSION LLJ 0 n < 0 0 n —NORTH LINE OF III Ln SOUTH 21.5' OF LOT 22 m LU CIO < U-) Lj W Cl LOT 22 Ln SOUTH 21.5' OF LOT 22 CN _j r_-) ct� _Uj PROP—OS—Eb 7_.5"W DEDICATION 9.25' 5' N.E. 6th AVENUE 9.25' 1:18 _5' PLATTED R_ _/ —W SOUTH LINE OF LOT 22 DEED LESSOUT SOUTH 5' OF LOT 22 (O.R.B. 28504/483, P.B.C.R.) SOUTH LINE OF N.E. -1S.E. OF S 1 4 OF SECTION 21-45-43 ( { ROBERT ADDITION TO TOWN OF BOYNTON (P.B. 1/51, P.B.C.R.) &ASSO A VIROM & ASSOCIATES, INC. SURVEYING & MAPPING m 50 S. W 2nd AVENUE, SUITE 9o2 co BOCA RATON, FLORIDA 33432 (561) 392-2594 / www.AVIROMSURVEY.com ISHED i9t'l @2017 AVIROM & ASSOCIATES, INC. all tights reserved. This sketch is the property of AVIROM & ASSOCIATES,INC. and should not be reproduced or copied without ndon.rrnisston. SC�ALE ----------- IR 04 -i HEC�a. �.Dk F.B. NIA -PGIJIA C/) 741 a REVISIONS �mmm 1� .. . ... . 0 LAKE ADDITION TO TOWN OF BOYNTON (P.B. 11/71, P.B.C.R.) DEED LESSOUT I NORTH 5' OF LOT 19 1 (O.R.B. 28504/483, P.B.C.R.) I I � LOT 19 WESTERLY EXTENSION 00 SOUTH LINE OF NORTH 5' OF LOT 19 0 0 n, Ln rn z i00 Ln 1 LOT 20 < C) CN -.J- co 0 ICq C/) LOT LINE (TYPICAL) _;7 En 0 Ag _`_ P� — m I Ln U LOT 21 bi 0 - n bi I— I LL_ WESTERLY EXTENSION LLJ 0 n < 0 0 n —NORTH LINE OF III Ln SOUTH 21.5' OF LOT 22 m LU CIO < U-) Lj W Cl LOT 22 Ln SOUTH 21.5' OF LOT 22 CN _j r_-) ct� _Uj PROP—OS—Eb 7_.5"W DEDICATION 9.25' 5' N.E. 6th AVENUE 9.25' 1:18 _5' PLATTED R_ _/ —W SOUTH LINE OF LOT 22 DEED LESSOUT SOUTH 5' OF LOT 22 (O.R.B. 28504/483, P.B.C.R.) SOUTH LINE OF N.E. -1S.E. OF S 1 4 OF SECTION 21-45-43 ( { ROBERT ADDITION TO TOWN OF BOYNTON (P.B. 1/51, P.B.C.R.) "J, JOB#: &ASSO A VIROM & ASSOCIATES, INC. SURVEYING & MAPPING m 50 S. W 2nd AVENUE, SUITE 9o2 co BOCA RATON, FLORIDA 33432 (561) 392-2594 / www.AVIROMSURVEY.com ISHED i9t'l @2017 AVIROM & ASSOCIATES, INC. all tights reserved. This sketch is the property of AVIROM & ASSOCIATES,INC. and should not be reproduced or copied without ndon.rrnisston. SC�ALE ----------- DATE: 04 -i "J, JOB#: 10475B SC�ALE ----------- DATE: 04 -i HEC�a. �.Dk F.B. NIA -PGIJIA 9 m a 9 moMr, li� n. S Le 7 EXHIBIT "C" CONDITIONS OF APPROVAL Project Name: 711 N. Federal Highway File number: ABAN 17-007 Reference: 1St review plans identified as a Abandonment with an August 14, 2017 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None. FIRE Comments: None. POLICE Comments: None. BUILDING DIVISION Comments: None. PARKS AND RECREATION Comments: None. PLANNING AND ZONING Comments: 1. Any conditions of approval from the various utility companies requiring new or revised easements and developer relocation of their facilities will be required to be addressed prior to issuance of a building permit. X COMMUNITY REDEVELOPMENT AGENCY Comments: None. Page 956 of 1037 711 N. Federal Highway (ABAN 17-007) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\711 N. Federal Hwy.Wbandonment\HBAN 17-007\COA post P&D.doc Page 957 of 1037 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 711 N. Federal Highway (ABAN 17-007) APPLICANT: Michael Simon, Executive Director Boynton Beach CRA APPLICANT'S ADDRESS: 710 N. Federal Highway, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 8, 2017 APPROVAL SOUGHT: Request for abandonment of a portion of the alley immediately west of 711 North Federal Highway, and immediately north of NE 6th Avenue (ABAN 17- 007) . LOCATION OF PROPERTY: 711 N. Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\711 N. Federal HwyAbandonmentWBAN 17-007\DO.doc Page 958 of 1037 9.C. PUBLIC HEARING 10/17/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-031 -FIRST READING - Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article 11, Definitions and Chapter 3, Article IV, Section 3.D, Table 3-28, Use Matrix and Footnote #57 to add definitions, use provisions, and standards that regulate the medical marijuana dispensary industry. EXPLANATION OF REQUEST: On November 8, 2016, Florida voters approved Amendment 2, which fully legalized the medical use of marijuana throughout the State for individuals with specified "debilitating" conditions and would authorize cultivation, processing, distribution, and sale of marijuana and related activities. On June 9, 2017 at the Florida Legislature special session, the Florida House and Senate passed bills amending the state's medical marijuana laws. The Governor subsequently signed the bills on June 23, 2017. As part of those amendments, the state law includes preemptions outlined below: • City may not place specific limits on the number of dispensing facilities. • City may not enact regulations or restrict locations, which are more restrictive than regulations, or locations for pharmacies. • City may not charge a fee in an amount greater than the fee charged to pharmacies. • Dispensaries cannot be located within 500 feet of an elementary, middle, or secondary school unless City approves location through formal proceeding. The purpose of these amendments is to establish requirements that regulate marijuana -dispensing facilities in the interest of the public health, safety and general welfare and that ease the regulatory burden on the City. In particular, this amendment is intended to regulate the sale and distribution of medical marijuana to ensure a supply to patients who qualify to obtain, possess, and consume, or any other use of medical marijuana permissible under state law. The Planning & Development Board reviewed this item on September 26, 2017 and forwards it with a recommendation for approval . HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There are no anticipated changes in City programs or services. FISCAL IMPACT: The new use would increase application, permitting and business tax receipt revenues. ALTERNATIVES: 1. Add medical marijuana dispensaries to the land development regulations while amending the regulations for pharmacies to implement further restrictions. 2. Ban medical marijuana dispensaries in the City. Page 959 of 1037 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 Ordinance amending Land Development D Ordinance REgulations regarding medical marijuana dispensing D Staff Report Staff Report D Exhibit Exhibit "A" D Exhibit Exhibit "B" Page 960 of 1037 I ORDINANCE NO. 17- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 4 AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 1, 5 ARTICLE 11, "DEFINITIONS"; AMENDING CHAPTER 3, ARTICLE IV, 6 SECTION 3.D, TABLE 3-28, USE MATRIX AND FOOTNOTE #57 TO 7 ADD DEFINITIONS, USE PROVISIONS AND STANDARDS THAT 8 REGULATE THE MEDICAL MARIJUANA DISPENSARY INDUSTRY; 9 PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION 10 AND AN EFFECTIVE DATE. 11 12 WHEREAS, on November 8, 2016, the Florida voters approved Amendment #2 which 13 fully legalized the medical use of marijuana throughout the State for individuals with specified 14 "debilitating" conditions and would authorize cultivation, processing, distribution and sale of 15 marijuana and related activities; and 16 WHEREAS, on June 9, 2017 at the Florida Legislature special session, the Florida House 17 and Senate passed bills amending the state's medical marijuana laws; and 18 WHEREAS, staff is recommending approval of the proposed amendments as they are 19 intended to regulate the sale and distribution of medical marijuana to ensure a supply to patients 20 who qualify to obtain, possess, and consume or any other use of medical marijuana permissible 21 under state law; and 22 WHEREAS, the City Commission has considered the recommendations and has 23 determined and finds that it is in the best interest of the citizens and residents of the City of 24 Boynton Beach, Florida to approve the amendments to the Land Development Regulations as 25 contained herein. 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 and -1- C Pz Ex< s crr f:.i:l {}.s€ ;ix i Ex € Pz,Ex t., t t I)C is kl)9l e- "'01)1 ll9 901 6, ktx l44 l f >oNulou k ch€tl';,l,it iic€elc s„ is€& 1 LIR �a ian drn eft 9 °� =` Pae 961 of 1037 29 confirmed by the City Commission. 30 Section 2. Chapter 1, Article 11, Definitions of the Land Development Regulations of 31 the City of Boynton Beach Code of Ordinances is hereby amended as follows: 32 Chapter 1, Article 11, Definitions. 33 34 ... 35 36 c� e I I �I r e s r t rlrt tmm �cr t c m mMedical� r� uazaa '9�reatment Center 37 9 l rza accordance with the Florid ..:� ep rl�nent...�t Health ltl� Vis.. a ..�nedre l In rr uazaa 38 drs ensizag t rlity that dispenses medical rnarijlana to q aliFied is tients or care,ivers. A 39 rnedic l rn riWan crsaezasin t erlrty does not i?repare transfer, cultivate or lar ess zay . 40 tgrrn _O rn rrluazaa or rnar� uana product_ 41 42 43 44 45 46 47 48 49 50 51 Section 3. Chapter 3, Article IV, Section 3.13, Table 3-28 Use Matrix and Footnote #57 of the Land Development Regulations of the City of Boynton Beach Code of Ordinances is hereby amended as reflected in Exhibit "A" and as follows: Chapter 3, Article IV, Sec. 3, Notes 1. General Note. Gross floor area shall not exceed five thousand (5,000) square feet. 2. General Note. The gross floor area shall not exceed ten thousand (10,000) square feet. 52 15. General Note. This use shall be integrated into a mixed-use building or development. It 53 must not 1) occupy more than fifty percent (50%) of the gross floor area of any given building; 54 and 2) exceed twenty percent (20%) of the gross floor area of the mixed use development. 55 56 17. General Note. 57 58 a. All Mixed -Use Districts. This use shall be integrated into a mixed-use building or 59 development. It must not 1) occupy more than fifty percent (50%) of the gross floor area of any 60 given building or 2) exceed thirty percent (30%) of the gross floor area of the mixed use 62 development. 63 b. MU -L1 district, MU -L2 district, and MU -L3 district. The subject use is only allowed on 64 lots fronting on arterial or collector roadways. 65 —2— C Pz Ex< s crr f:.i:l {}.s€ ;ix i Ex € Pz,Ex t., t t I)C is kl)9l e- "'01)1 ll9 901 6, ktx l44 l f >oNulou k ch€2l';,l,it iic€elc s„�s€& 1 12"R�a ian drn eft 9 Pae 962 of 1037 66 27. General Note. This non -industrial use is allowed within the PID district provided it is 67 located on a lot that has a Mixed Use (MU) land use option fronting on an arterial roadway or 68 on a MU lot with a development order that is not solely for residential development. 69 70 57. Pharmacy Drug Store, and Medical Marijuana Dis ensa 71 72 a. All Districts. 73 No more than fifteen percent (15%) of the total number of prescriptions sold within a 74 thirty (30) day period can be derived from the sale of Schedule 11 controlled 75 substances as listed in F.S. § 893.03. All pharmacies and drug stores shall be staffed 76 by a state licensed pharmacist who shall be present during all hours the pharmacy, or 77 pharmacy function of the drug store, is open for business. This restriction on 78 prescription sales shall not apply to a pharmacy operating accessory to a facility 79 licensed pursuant to F.S. Chapter 395 (e.g., hospital). 80 _2 A. nedr l rn rU_g Mp.I sJn t it t in za�t c I� ted rtl�rza five hundred 81 500 feet oftlle real r ert _ hAt__ 2mnd cs Ir car rlv to elc hent r scl c� l 82 rniddl school or secondar __s hod 83 84 b. MU -4 and MU -H District. Use shall be subject to the following distance separation 85 requirements from similar uses, measured in a straight line, using the shortest distance between 86 property lines shall be the following: 87 88 (1) Seven hundred fifty (750) feet: For uses with less than five thousand (5,000) square 89 feet of gross floor area; 90 91 (2) One thousand, five hundred (1,500) feet: For uses with a gross floor area equal to or 92 greater than five thousand (5,000) gross square feet. 93 94 Section 4. Each and every other provision of the Land Development Regulations not 95 herein specifically amended, shall remain in full force and effect as originally adopted. 96 Section 5. All laws and ordinances applying to the City of Boynton Beach in conflict 97 with any provisions of this ordinance are hereby repealed. 98 Section 6. Should any section or provision of this Ordinance or any portion thereof 99 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 100 remainder of this Ordinance. -3- C Pz Ex< s err f:.i:l {}.s€ ;ix i Ex € Pz,Ex t., t t I)C is kl)9l e- "'01)1 ll9 901 6, ktx l44 l f >oNulou k ch€tl';,l,it iic€elc s„ a€� I 12"Rian �adrn eft 9 Pae 963 of 1037 101 Section 7. Authority is hereby given to codify this Ordinance. The City Clerk is 102 directed to work with the Land Development Regulations publisher to consolidate this ordinance 103 and the exhibit for publication. 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 Section 8. This Ordinance shall become effective immediately. FIRST READING this day of , 2017. SECOND, FINAL READING AND PASSAGE this day of , 2017. ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello -4- VOTE YES NO C Pz Ex< s crr f:.i:l {}.s€ ;ix i Ex € Pz,Ex t., t t I)C is kl)9l e- "'01)1 ll9 901 6, ktx l44 l f >oNulou k ch€tl';,l,it iic€elc s„ is€& 1 12"R�a ian drn eft 9 °� =` Pae 964 of 1037 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 17-018 TO: Chair and Members Planning & Development Board FROM: Andrew P. Mack, P.E., Director of Development DATE: September 26, 2017 RE: Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II, Definitions and Chapter 3, Article IV, Section 3.13, Table 3-28, Use Matrix and Footnote 957 to add definitions, use provisions, and standards that regulate the medical marijuana dispensary industry. OVERVIEW The rewrite of the City's Land Development Regulations (LDR) in late 2010 allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post -adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to the LDR for one or more of the following reasons: 1. Furthering business and economic development initiatives; 2. Advancing sustainability initiatives; 3. Maintaining internal consistency; 4. Achieving regulatory compliance; and 5. Incorporating implementation feedback to meet original objectives or new vision. The proposed amendment would support items #1 and #4 BACKGROUND On November 8, 2016, Florida voters approved Amendment 2, which fully legalized the medical use of marijuana throughout the State for individuals with specified "debilitating" conditions and would authorize cultivation, processing, distribution, and sale of marijuana and related activities. The City's LDR do not currently contain provisions for the regulation of marijuana dispensing organizations and facilities. On June 9, 2017 at the Florida Legislature special session, the Florida House and Senate passed bills amending the state's medical marijuana laws. The Governor subsequently signed the bills on June 23, 2017. As part of those amendments, the state law includes preemptions that are outlined below: • City may not place specific limits on the number of dispensing facilities. -1- Page 965 of 1037 • City may not enact regulations or restrict locations, which are more restrictive than regulations, or locations for pharmacies. • City may not charge a fee in an amount greater than the fee charged to pharmacies. • Cannot be located within 500 feet of an elementary, middle, or secondary school unless City approves location through formal proceeding. The purpose of these amendments is to establish requirements that regulate marijuana -dispensing facilities in the interest of the public health, safety and general welfare and that ease the regulatory burden on the City. In particular, this amendment is intended to regulate the sale and distribution of medical marijuana to ensure a supply to patients who qualify to obtain, possess, and consume, or any other use of medical marijuana permissible under state law. PROPOSED DEVELOPMENT STANDARDS The proposed amendments to Chapters 1 and 3 of the LDR are provided in their entirety in Exhibits "A" and "B", with the most notable amendments summarized below: • Zoning — Allowed as a permitted use in all commercial, mixed use, and planned industrial districts; • Location — In PID, limited to properties that front an arterial with mixed use (MU) land use option; • Minimum Separation — 500 feet from an elementary, middle, or secondary school. CONCLUSION/RECOMENDATION Staff is recommending approval of the proposed code amendments to provide the proper zoning accommodations for the desired use, to maximize compatibility of land uses, and to ensure safe business operations. Attachment S:APlanning\SHARED\WP\SPECPRO.ECODE REVIEW\CDRV 17-003 Medical Cannabis Dispensary\Staff Report - Medical Marijuana Dispensary_R.docx -2- Page 966 of 1037 w m m REC PU ct PID �-I MM -C MU -4 MU -3 MU -2 �,I 11r—)l MU -1 �,j 11r -)l SMU �,j 11r -)l PCD P.1 'I CBD C-4 � C-3 C-2 P.I NI v C-1 MHY PUD 1PUD R-4 ct a R-3 R-2 z R-1 R -1-A R -1 -AA d4 R-1-AAB c� ct cz �r0� 5.2ct Exhibit "B" Chapter 1, Article II, Definitions. €t®cc Cm l�tsr c�r�c m r r s� s m fac ml mt y cel t att cmml� am t cl calm NtatItuana Treatment .;enter ml l_lm --- Jn---accordancc.__mwith�--- thc. Florida_ De)a�t��cntmof Health as a medical �-aIL uana this. c.n�.Jn ients or caregivers. A. mcmdJcal_aLLL uana dig} en in (acilit ... clocL___Lgt... re arc.. transfer. cultivate or lirocess any form of ttJat Juana or �nari a ana lac L ctm Chapter 3, Article IV, Sec. 3, Notes 1. General Note. Gross floor area shall not exceed five thousand (5,000) square feet. 2. General Note. The gross floor area shall not exceed ten thousand (10,000) square feet. 15. General Note. This use shall be integrated into a mixed-use building or development. It must not 1) occupy more than fifty percent (50%) of the gross floor area of any given building; and 2) exceed twenty percent (20%) of the gross floor area of the mixed use development. 17. General Note. a. All Mixed -Use Districts. This use shall be integrated into a mixed-use building or development. It must not 1) occupy more than fifty percent (50%) of the gross floor area of any given building or 2) exceed thirty percent (30%) of the gross floor area of the mixed use development. b. MU -L1 district, MU -L2 district, and MU -L3 district. The subject use is only allowed on lots fronting on arterial or collector roadways. 27. General Note. This non -industrial use is allowed within the PID district provided it is located on a lot that has a Mixed Use (MU) land use option fronting on an arterial roadway or on a MU lot with a development order that is not solely for residential development. 57. Pharmacy,_7&Drug Store, and Medical Marijuana Dispensary. a. All Districts. l„ No more than fifteen percent (15%) of the total number of prescriptions sold within a thirty (30) day period can be derived from the sale of Schedule II controlled substances as listed in F.S. § 893.03. All pharmacies and drug stores shall be staffed by a state licensed pharmacist who shall be present during all hours the pharmacy, or pharmacy function of the drug store, is open for business. This restriction on prescription sales shall not apply to a pharmacy operating accessory to a facility licensed pursuant to F.S. Chapter 395 (e.g., hospital). ( A medical Mar"Liana dicnsin4 facil I �na� nc�tm%c located w�tllJnm ivy I�t�nmc��mcc� �� ______._ feet of t��c...� cal.. pro �c � ty..t��at cc�� ri�e� a l�t�%1ic c�� private ele�nenta�� cl�c�c�l a �ntcic�lc cl c c l or econdary ch-ool. S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 17-003 Medical Marijuana Dispensary\Exhibit B_Chatper 1_Article II_Definitions and Chapter 3_Article 4, Section 3_Notes.docx Page 968 of 1037 b. MU -4 and MU -H District. Use shall be subject to the following distance separation requirements from similar uses, measured in a straight line, using the shortest distance between property lines shall be the following: (1) Seven hundred fifty (750) feet: For uses with less than five thousand (5,000) square feet of gross floor area; (2) One thousand, five hundred (1,500) feet: For uses with a gross floor area equal to or greater than five thousand (5,000) gross square feet. S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 17-003 Medical Marijuana Dispensary\Exhibit B_Chatper 1_Article II_Definitions and Chapter 3_Article 4, Section 3_Notes.docx Page 969 of 1037 10.A. CITY MANAGER'S REPORT 10/17/2017 REQUESTED ACTION BY COMMISSION: Discussion of process of selling city owned land requested by Vice -Mayor Katz. EXPLANATION OF REQUEST- In EQUEST:In 2011, the City Commission requested that staff identify all city owned land parcels for the specific purpose of identifying land that may be suitable for sale. The goal was to realize revenue from valuable land parcels that did not appear to service a present or future public purpose. Secondarily, this was seen as a good exercise to understand the breadth of land owned by the city. Similarly, many of the smaller city owned land parcels may no longer serve a public purpose and should be considered for sale. The 2011 analysis showed that the city/CRA owned 277 land parcels. Many of these parcels supported utility appurtenances (lift stations), others housed city buildings or active parks, and others were seen as land banks for future park development or simply being retained as open space. Both the Commission and staff recognized the value in disposing of smaller, unnecessary, small parcels. However, sale of these parcels was not seen as an immediate priority. Rather, smaller parcels could be sold when convenient to other matters. One such land transfer occurred a few years ago when, at resident request a small, unbuildable city owned land parcel on the north boundary of Cedar Ridge was deeded to adjacent residents. Thus, in 2011, the City Commission concentrated its efforts on larger land parcels that could be sold at higher value. As noted, the goal was to provide revenue during an economic downturn by removing land parcels with no immediate public purpose. To that end, a subset of 17 land parcels was identified for further evaluation. This parcel data is shown on the attached exhibit. Eventually, the Commission asked to bid the sale of three parcels as follows: 57 High Ridge Road, adjacent to Fire Station 5 219 SW 1St Avenue, commonly known as the Leisureville site 3111 S. Congress Avenue, old Fire Station #2 Bid solicitation was not well received by the private sector. No bids were received for the High Ridge or Congress Avenue parcels. One bid of just under $25,000 was received for the Leisureville parcel. That bid was rejected because the appraised value was $362,000 at that time. The City did not pursue sale of other land parcels, particular where those parcels were deed restricted to open space or park development. More research was needed then, and would be no, should the city wish to explore sale of deed restricted land parcels. Attached is ordinance no. 12-024 which amends Chapter 2, amending the provisions for the sale of city owned real property. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: None Page 970 of 1037 ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment Description Parcel List Page 971 of 1037 U Q cn cn cn cn cn cn U) cn cn cn cn cn cn cn cn cn cn > w w w w w w O w w w w w w w w 0 0 z z z J z O 1n LU x W w U J J z Z d d U) O 0 a Y Q 0 0 � z z Q V) D D U) Y LU U)V) � z a W +' '+' w LL cn z LU w w z z0 LU LU ~ Z �n �n Z a C7 C7 - = O 0 z w C7 (D :3 CO LL O O H U Z Z 0 Z Z a a V W °m a LL ° ° ° LL m o r -I r -I M R* l0 r, Ln Ql 1, n r -I Ql N Ql 1, N W N O 1' O n l0 ww 1n l0 1n to O R* N N (7 N 1- O Ql M R* r -q In M r -q R* R* Ql M to M Q n R* n R* O R* N m 1, R* r -I to M 1n ^ R* W 1n 00 O r -I O Ql R* In Ql N 00 1n N 1, l0 to �.6 n 00 O al 0l Rz� M n In f f ^ M U r4 1n O 1n M 1l In 1l R* R* R* M l0 Q r -I W m m m m m m m m m m m m m m m m m Q LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U U U U U U U U U U U U U U U U U J 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 > 0 0 0 0 0 1, N N w 1, O r-1 O O O O N ~ On O� n O M n� R* M O m rr-I n On W 0^0 Y In n In l0 In r -i Ql M O O O M Ql r -I r -I M R* l0 N n In In r -I M R* n In In N M N O r -I to N O to Ql r -I N R* N M Q r -I N N r -I r -I O a � Q a v)- v)- v)- v)- v)- v)- v)- O w� 0� 0 00 O N O 00 0 0 r14 r14 0 0 00 O O O N N O O O w m 0 0 0 0 0 0 0 ri M O O O M 0 0 0 0 0 0 0 r-1 O r-1 r-1 O O �.o �.o w O 0 R* 0 O �.o r -I N O w O O 1n 000000-100-1000-1000 O0��O�O�mm��OOOOOZ M Co N U O O O O O O O M O N M M 0 0 0 0 0 CL r r -I r -I r -I r -I O O O r -I r -I (V N N N M O O N M M M M M M M M M M M M M M M M M O O O O w w w w w w w w w w w w to 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 R* in in in in = w J J J Z Q z m m m 0 w w> O J (>n (n z > > LL m m > Y Z U>>>> 0 g w H O H H w> W J J a a CO � a O m m z z LL W z o? 0 r, r, a o z 0 0 w w H H C7 O C7 O 0 Ln Z U U O 00 C=_J 0 0 rr-1 rr-1 >j >j rr-1 � z z C7 C7 cn R* m = m r-1 1n 1n cn V) m �.o w m O r -I O N 1, n O M r-1 N m w to m to r -I r -I N N M M M 1n to w r, r, N N N N N Q f0 IA- 1 2 3 4 5 6 7 8 91 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 37 38 39 ORDINANCE NO. 12-024 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2 ADMINISTRATION, ARTICLE IV, SECTION 2-56, AMENDING PROVISIONS FOR THE SALE OF CITY OWNED REAL PROPERTY; PROVIDING FOR EXEMPTIONS ON THE SALE OF CITY -OWNED REAL PROPERTY; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Florida law allows municipalities, pursuant to their home rule powers, to establish procedures for the sale of real property; and WHEREAS, the City Commission has determined that the current procedures for the sale of real property as set forth in Code Section 2-56 do not provide sufficient flexibility and therefore operate the inhibit the sale of real property to the detriment of the City; and WHEREAS, the City Commission deems it to be in the best interest of the citizens and residents of the City to amend Chapter 2. Section 2-56. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. Chapter 2. "Administration", Article IV, "Purchasing and Consultants", Section 2-56 is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck -through type, as follows: Sec. 2-56. Purchasing agent, selection, duties; competitive bidding. (a) The city commission shall appoint an officer or employee of the city, other than a member of the city commission, as purchasing agent for the city who shall be responsible for the purchase of all supplies, materials, equipment and other articles used by the municipal government. All purchases or sales of city property shall be subject to the approval of the city commission and shall conform to such regulations as the city commission may from time to time prescribe. (b) Personal property, commodities and services. Except as provided in section 2-56.1, all purchases or sales of personal property, commodities and services involving amounts in excess of twenty-five thousand dollars ($25,000.00), or construction involving amounts of seventy-five thousand ($75,000.00), shall be made only after the publishing of an Document in Windows Internet Explorer Page 973 of 10 I 1 advertisement of bids thereon in a newspaper of general circulation in the city at least one (1) 2 time, not less than ten (10) days prior to the date set for the reception of such bids, together 3 with such other notice as the commission may direct. The city commission shall have the 4 power to reject any and all bids submitted and received, and to waive any informalities in 5 connection with such bidding. 6 (c) Real property. Real property may be sold in the manner recommended by the City 7 Manager and determined by the City Commission to be in the best interest of the City. With 8 regard to the sale of any real estate owned by the city which has an appraised value exceeding 9 $100,000.00 as determined by the most recent valuation of the Palm Beach County Property 10 Appraiser, no such sale shall be conducted or consummated until such time as subject 11 property has been appraised by a disinterested qualified appraiser to be designated by the city 12 commission for the purpose of establishing a fair market value thereon. The sale of real 13 property for less than the fair market value shall require the approval by a vote of four-fifths 14 (4/5) of the city commission. 15 161 (d) The foregoing provision for sale of real property do not apply to real property 17 located within the city's community redevelopment area if the property was acquired by the 18 City for the purposes of community redevelopment or if the sale of the property will facilitate 19 redevelopment consistent with the CRA plan; or if the sale of the property will facilitate 20 restoration of a property which the City Commission deems to be historic, even in those cases 21 where historic designation by the State of Florida, Palm Beach County, or pursuant to a 22 federal historic designation program has not occurred or is pending. 23 24 25 Section 3. Each and every other provision of Chapter 2 of the Code of Ordinances 26 of the City of Boynton Beach not herein specifically amended shall remain in full force and 27 effect as previously enacted. 28 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 29 same are hereby repealed. 30 Section 5. Should any section or provision of this ordinance or portion hereof, any 31 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 32 such decision shall not affect the remainder of this ordinance. 33 Section 6. Authority is hereby granted to codify said ordinance. 34 Section 7. This ordinance shall become effective immediately upon passage. 35 FIRST READING this 4 1 day of December, 2012. 36 37 SECOND, FINAL READING AND PASSAGE this 18TH day of December, 2012. 38 39 Document in Windows Internet Explorer Page 974 of 1 7 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 ATTEST: M. Prainito, MMC, Clerk Document in Windows Internet Explorer CITY OF BOYNTON BEACH„ FLORIDA — Woodrow L. wlllm-ie,�• Page 975 of 10 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/17/2017 REQUESTED ACTION BY COMMISSION: Presentation of FY 17/18 Strategic Plan Initiatives by Trina Pulliam. 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: 10. B. CITY MANAGER'S REPORT 10/17/2017 Page 976 of 1037 12.A. NEW BUSINESS 10/17/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17 -099 -Approve and authorize the First Amendment to the Homeless Resource Center Interlocal Agreement with Palm Beach County. EXPLANATION OF REQUEST: Extension Term - October 23, 2017 - October 22, 2022 On August 21, 2012 the Commission adopted Resolution R12-077 authorizing the execution of an Interlocal Agreement with Palm Beach County that facilitates the use of the Homeless Resource Center (HRC) located in the City of West Palm Beach for referrals of homeless individuals in need of services. The interlocal has an expiration date of October 22, 2017 and has an option to extend for three (3), five (5) year periods. The County has submitted the First Amendment which is renewing the agreement for the first of the (3), five (5) year periods. In addition they modifying the following sections; Section 15: updated the language referring to Palm Beach County Office of the Inspector General; Section 17: added the section for No Third Party Beneficiary; and Section 18: added this section referring to PBC Non -Discrimination Policy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The HRC provides our Police Department with a readily available point of service for the homeless individuals that are encountered on the streets of our City. FISCAL IMPACT: None ALTERNATIVES: Do not approve amendment STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 977 of 1037 Grant Amount: ATTACHMENTS: Type D Resolution D Attachment D Attachment D Attachment Description Resolution appro\4ng First Amendment to the Interlocal Agreement with P B C for HRC First Amendment to HRC I nterlocal PBC Non- D iscri mi nation Form. R12-077 FIRC I nerlocal Page 978 of 1037 1 RESOLUTION R17- 2 3 4 5 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 6 FLORIDA, APPROVING A FIRST AMENDMENT TO 7 THE INTERLOCAL AGREEMENT BETWEEN THE 8 CITY OF BOYNTON BEACH AND PALM BEACH 9 COUNTY TO FACILITATE THE USE OF THE 10 HOMELESS RESOURCE CENTER LOCATED IN WEST 11 PALM BEACH FOR REFERRALS OF HOMELESS 12 INDIVIDUALS IN NEED OF SERVICES; 13 AUTHORIZING THE MAYOR TO EXECUTE THE 14 FIRST AMENDMENT; AND PROVIDING AN 15 EFFECTIVE DATE. 16 17 18 19 WHEREAS, Palm Beach County has established a Homeless resource Center within 20 the municipal boundaries of the City of West Palm Beach for referral of the County's 21 homeless population in need of services; and 22 WHEREAS, on August 21, 2012, the City Commission adopted Resolution R12-077 23 authorizing an Interlocal Agreement with Palm Beach County that facilitated the use of the 24 Homeless Resource Center (HRC) located in the City of West Palm Beach for referrals of 25 homeless individuals in need of services; and 26 WHEREAS, Palm Beach County has submitted a First Amendment which is 27 renewing the agreement for the first of three Five (5) year periods; modifying the Agreement 28 to update language referring to Palm Beach County Office of the Inspector General; adding a 29 section for No Third Parry Beneficiary; and adding a section referring to PBC Non - 30 Discrimination Policy; and 31 WHEREAS, the City Commission of the City of Boynton Beach upon 32 recommendation of staff, deems it to be in the best interest of the citizens of the City of 33 Boynton Beach to approve the First Amendment to the Interlocal Agreement with Palm Beach 34 County to facilitate the use of the Homeless Resource Center located in the City of West Palm 35 Beach for referrals of homeless individuals in need of services. 36 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 37 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\2C25C253-FA6E-4A18-134A1-0131907ECA780\Boynton Beach.7196.1.First Amendment to HRC ILA with PBC - Reso.doc Page 979 of 1037 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 65 66 67 68 69 70 71 72 73 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 does hereby approve the First Amendment to the Interlocal Agreement with Palm Beach County to facilitate the use of the Homeless Resource Center located in the City of West Palm Beach for referrals of homeless individuals in need of services, a copy of the First Amendment to the Interlocal Agreement is attached hereto as Exhibit "A". Section 3. The Mayor is authorized to execute the Interlocal Agreement. Section 4. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 2017. CITY OF BOYNTON BEACH, FLORIDA YES NO 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 CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\2C25C253-FA6E-4A18-134A1-0131907ECA780\Boynton Beach.7196.1.First Amendment to HRC ILA with PBC - Reso.doc Page 980 of 1037 FIRST AMENDMENT TO INTERLOCAL AGREEMENT THIS FIRST AMENDMENT to the Interlocal Agreement dated October 23, 2012 (the "Agreement"), is made as of , by and between Palm Beach County, a political subdivision of the State of Florida ("County"), and City of Boynton Beach, a municipal corporation of the State of Florida ("City"). WHEREAS, the Agreement provides the protocol by which the City refers and transports homeless individuals for acceptance into the Homeless Resource Center (HRC) and provides for the payment of any transport costs; and WHEREAS, the County and the City have determined it to be beneficial to both parties to continue the Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the County and City agree as follows: 1. The term of the Agreement is renewed beginning on October 23, 2017, and continuing through October 22, 2022, pursuant to the exercise of the first of three (3), five (5) year renewal options. 2. Section 15 of the Agreement is deleted in its entirety and replaced with the following: SECTION 15: PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL Palm Beach County has established the Office of the Inspector General, Palm Beach County Code, Section 2-421 — 2-440, as may be amended. The Inspector General's authority includes but is not limited to the power to review past, present and proposed County contracts, transactions, accounts and records, to require the production of records, and audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract specifications and detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Section 2-421 - 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second-degree misdemeanor. 3. The Agreement is hereby modified to add the following: SECTION 17: NO THIRD PARTY BENEFICIARY No provision of this Contract is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a parry to this Contract, including but not limited to any citizen or employees of the County and/or City. Page 1 of 3 Page 981 of 1037 4. The Agreement is hereby modified to add the following: SECTION 18: NON-DISCRIMINATION Pursuant to Resolution R-2014-1421, as may be amended, it is the policy of the Board of County Commissioners of Palm Beach County that Palm Beach County shall not conduct business with nor appropriate any funds to any organization that practices discrimination on the basis of race, color, national origin, religion, ancestry, sex, age, familial status, marital status, sexual orientation, gender identity and expression, disability, or genetic information. The City has submitted to County a copy of its non-discrimination policy which is consistent with the above paragraph, as contained in Resolution R-2014-1421, as may be amended, or in the alternative, if the City does not have a written non-discrimination policy, it has affirmed through a signed statement provided to County that City will conform to the County's non- discrimination policy as provided in R-2014-1421, as may be amended. 5. Except as modified by this First Amendment, the Agreement remains unmodified and in full force and effect in accordance with the terms thereof and is hereby ratified and confirmed by the City and County. THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY Page 2 of 3 Page 982 of 1037 IN WITNESS WHEREOF, the parties have caused this First Amendment to be executed as of the day and year first above written. ATTEST: By: FDO Fiscal Officer APPROVED AS TO FORM AND LEGAL SUFFICIENCY Bv: County Attorney ATTEST: CITY CLERK Bv: Judith Pyle, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Bv: City Attorney PALM BEACH COUNTY, a political subdivision of the State of Florida By: Director, Operations Facilities Development & CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida ME Page 3 of 3 Steven B. Grant, Mayor Page 983 of 1037 NON-DISCRIMINATION POLICY FORM Pursuant to Palm Beach County Resolution R-2014-1421 ("Resolution), as may be amended, it is the policy of the Board of County Commissioners of Palm Beach County ("County") that the County "shall not conduct business with nor appropriate any funds for any organization or entity that practices discrimination on the basis of race, color, national origin, religion, ancestry, sex, age, familial status, marital status, sexual orientation, gender identity and expression, disability, or genetic information." This Resolution requires that each organization or entity doing business with the County is "required to submit a copy of its non-discrimination policy, which shall be consistent with the non-discrimination policy stated above, prior to entering into any contract with the County." In the event an organization or entity does not have a written non-discrimination policy, such organization or entity "shall be required to sign a statement affirming their non- discrimination policy is in conformance with this resolution." Check one: (_) Organization/Entity hereby attaches its non-discrimination policy, which is consistent with the County's Non -Discrimination Policy and Resolution. KO ( _) Organization/Entity hereby acknowledges that it does not have a written non-discrimination policy and hereby affirms by signing below that its non-discrimination policy is in conformance with the County's Non -Discrimination Policy and Resolution. ORGANIZATION / ENTITY INFORMATION: Name of Organization or Entity Signature Name (type or print) Title Rev. 06.13.2017 Page 984 of 1037 1 RESOLUTION R12- 0?7 6 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AN INTERLOCAL 5 AGREEMENT BETWEEN THE CITY OF BOYNTON 6 BEACH AND PALM BEACH COUNTY TO FACILITATE 7 THE USE OF THE HOMELESS RESOURCE CENTER 8 LOCATED IN WEST PALM BEACH FOR REFERRALS 9 OF HOMELESS INDIVIDUALS IN NEED OF 10, SERVICES; AUTHORIZING THE MAYOR TO 11 EXECUTE THE INTERLOCAL AGREEMENT; AND 12 PROVIDING AN EFFECTIVE DATE. 13 14, 15,' WHEREAS, Palm Beach County has established a Homeless resource Center within 16; the municipal boundaries of the City of West Palm Beach for referral of the County's 17 homeless population in need of services; and 18 WHEREAS, presently, homeless individuals are referred to privately operated 191 ! shelters/support groups and some government facilities for mostly short term stays; and li 2&! WHEREAS, the Homeless Resource Center will provide our Police Department with 21 a readily available point of service for the homeless individuals that are frequently 22 11 , encountered on the streets of our City; and 231 WHEREAS, the City Commission of the City of Boynton Beach upon 24 i recommendation of staff, deems it to be in the best interest of the citizens of the City of 2511 Boynton Beach to approve an Interlocal Agreement with Palm Beach County to facilitate the 26111 use of the Homeless Resource Center located in the City of West Palm Beach for referrals of 27i homeless individuals in need of services. 281 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 291 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as i Document in Windows Internet Explorer ` 44 Page 985 of 107 I1 I being true and correct and are hereby made a specific part of this Resolution upon adoption 2 hereof. 3 Section 2. The City Commission does hereby approve the Interlocal Agreement 4 with Palm Beach County to facilitate the use of the Homeless Resource Center located in the 6 City of West Palm Beach for referrals of homeless individuals in need of services, a copy of 6 ' the Interlocal Agreement is attached hereto as Exhibit "A". I Section 3. The Mayor is authorized to execute the Interlocal Agreement. 0 1Q 11 12' 1� 14, 1$ 10 1$ 1 19� 29 21 2� 241 24 251 2 2 j 2 11 20 30 31 3� 3$ 3411 35� 3�' ,I Section 5. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 21St day of August, 2012. CITY OF BOYNTON BEACH, FLORIDA Mayor — Woodrow L. y ice Mayor — Mack McCray Commissioner Commissione — S even Ho zman ATTEST: Commissioner — Marlene Ross Page 986 of 107 i 1,a_077 INTERLOCAL AGREEMENT THiS INTERLOCAL AGREEMENT (this "Agreement") is made and entered into 0 C � d 931, >) I > , by and between Palm Beach County, a political subdivision of the State of Florida ("County") and the City of Boynton Beach, a municipal corporation of the State of Florida ("City"). WITNESSETH WHEREAS, the County has established a Homeless Resource Center ("HRC") within the municipal boundaries of the City of West Palm Beach ("WPB") for the referral of the County's homeless population to a central facility supporting organizations, services and programs that will help end the cycle of homelessness; and WHEREAS, the County has entered into an Interlocal Agreement dated January 12, 2010, with WPB (WPB City Ordinance No. 4235-09, as may be amended) in support of the HRC; and WHEREAS, the Palm Beach County Law Enforcement Planning Council ("LEPC) and subcommittee of the Criminal Justice Commission has adopted Best Practices for law enforcement personnel's: 1) interaction with the homeless population and 2) referral ofhomeless individuals to the HRC and related community agencies' specialty facilities; and WHEREAS, the foregoing operating protocols have been developed in satisfaction of the requirements set forth in the Interlocal Agreement between County and WPB, which are to: I ) uphold the safe and orderly operation of the HRC; 2) sustain compatibility between the HRC and the uses and character of land surrounding and in the vicinity of the HRC; and 3) further the purpose of the HRC to end homelessness for qualified individuals that voluntarily commit to participate in the services and programs offered by the HRC; and WHEREAS, the aforementioned protocol is endorsed by the LEPC for countywide implementation through standard law enforcement practices and procedures that shall precede a referral to the HRC; and WHEREAS, the County and the City have determined it to be beneficial to both parties for the City to be able to refer and transport homeless individuals to the HRQ and WHEREAS, this Agreement authorizes the City to utilize the HRC in a manner that conforms to both the operational understanding and expectations of bath the County and WPB as established by the Interlocal Agreement and the practices endorsed by the LEPC; and WHEREAS, the County and the City have the ability to lawfully enter into this Agreement. NOW THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties hereto agree as follows: Pagel d7 Page 987 of 1037 SECTION 1: PURPOSE The purpose of this Agreement is to: 1) provide the protocol by which the City shall refer and transport homeless individuals for acceptance into the HRC and 2) provide for payment of any transport costs incurred by the City. SECTION 2: LAW ENFORCEMENT BEST PRACTICES 2.01 The City agrees to abide by and adopt the Palm Beach County Law Enforcement Agencies Best Practices for Interaction with the Homeless (`Best Practices") in accordance with the most current approved revision to the Best Practices, which is attached. as Exhibit A to this Agreement. The Best Practices establish the guidelines which law enforcement agencies shall include in each agency's operating procedures and which law enforcement personnel shall follow during their interactions with homeless individuals. The Best Practices may be modified or updated from time to time as may be agreed to by the LEPC. Each update to the Best Practices shall be transmitted to the County's representatives identified in Section 11 of this Agreement who shall have responsibility for transmitting such update to the City's representatives identified in Section 11. The update shall automatically replace the.former and become part of this Agreement with sixty (60) days prior notice of the implementation date. 3-3re-itcol I: IMM"i 51 J 31 114 3.01 The County may establish and issue HRC specific procedures associated with HRC referrals ("Referral Procedures"'). The Referral Procedures include such docents as the Field Referral Form which is attached as Exhibit B to this Agreement. The Referral Procedures may be modified or updated from time to time by the County with sixty (60) days prior notice of the implementation date at which time such modifications/updates shall automatically replace the former and become a part of this Agreement. In the event that the City does not agree to operate in accordance with the Referral Procedures, then the City's sale option shall be to exercise its right to terminate this Agreement as provided herein. 3.02 The City agrees to conduct training for all sworn personnel, and those non -sworn personnel which may have interaction with the homeless. The training curriculums (new and refresher) shall be provided to the City by the County (as prepared by the balm Beach County Sheriff's Office). The City agrees to conduct training for all officers (ani eligible non -sworn personnel) as part of new employee field training and as part of the next round of in-service training. Subsequent refresher training shall be conducted no less frequently than annually as part of in-service training. SECTION 4. TRANSPORTATION COSTS 4.01 The City, on an individual referral basis, has the option of either: 1) transporting a honneless person: and all of their belongings that are not secured, to the IARC by City personnel in a City -owned vehicle, or 2) requesting that the County arranges for transport via the County's contracted transport provider. In the event that the City chooses to utilize the County's contracted transport provider, the City agrees to reimburse the County the actual cost of the transport. The Page 2 of 7 Page 988 of 1037 County shall invoice the City for the number of transports twice a year on March 318` and September 30s'. The City shall pay the County, in full, no later than thirty (30) days after the date of the invoice. Payments shall be sent to: Facilities Development & Operations Fiscal Manager 2633 Vista Parkway West Palm Beach, FL 33411-5603 Attn: HRC interlocal Agreement # Invoice 4 If during transport, the homeless person decides that he/she does not wish to end their homelessness, the City will return the homeless person to his/her original location or another location within the City's boundaries that is mutually acceptable to the homeless person and the City. In the event that the homeless person is being transported by the County's contracted transport provider, the homeless person will be returned only to the original location from which he/she originated. In the event of the foregoing, the City will still be required to reimburse the County for the cost of the partial trip. The City's reimbursement obligations set forth in this section shall survive expiration or termination of this Agreement. SECTION 5: INDEMNMCA'>i ION 5.01 Each party shall be liable for its own actions and negligence and, to the extent permitted by law, each party shall indemnify, defend and hold harmless the other party against any actions, claims or damages arising out of the indemnifying party's negligent, willful, or intentional acts or omissions in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida State Statutes, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willlful, or intentional acts or omissions. This provision shall survive expiration or termination of this Agreement. SECTION 6: TERM OF AGREEMENT 6.01 The initial term of this Agreement is for five (5) years, and shall commence immediately upon execution of this Agreement. The term of this Amt maybe renewed for three (3) successive periods of five (5) years each under the same terms and conditions of this Agreement. At least six (6) months prior to the expiration of this Agreement's tern, the City shall provide the County with a request to renew this Agreement. If agreed upon by the parties, within two (2) months of the County's receipt of such request, the County shall process an Amendment to this Agreement which shall be executed by both, the City and the County. The County may not unreasonably withhold its approval of the removal request. SECTION 7: ENFORCEMENT 7.01 The County will immediately communicate with the City's Representative any referral that the County determines not to have been made in accordance with the Referral Page 3 of 7 Page 989 of 1037 Procedures. If a homeless person cannot be accepted into the HRC due to an error of the City's law enforcement personnel with respect to the Referral Procedures, the homeless person will be transported back to the location from which he/she originated at the City's cost, pursuant to Section 4.01. The City retains the option of self -transport but agrees to consider the information provided by the HRC operator prior to making, a determination regarding self trannspott on a return trip. For purposes of this Section 7, within fifteen (15) days of the effective date of this Agreement the City shall provide the County with written notice as to the person designated as the City's Representative and such representative's contact information. The City may from time to time change the person designated as the City's Representative, upon three (3) days prior written notice to the County. SECTION 8: AMENDMENTS TO THIS AGREEMENT 8.01 This Agreement maybe amended from time to time by written amendment executed by both the Board of County Commissioners and the City. SECTION 9: TERNIINATION 9.01 This Agreement may be terminated by either party, with or without cause. Any termination shall be effective sixty (60) days from the receipt of written notice thereof. SECTION 10: ANNUAL BUDGET APPROPRIATIONS 10.01 The County's and the City's performance and obligations to pay pursuant to this Agreement are contingent upon annual appropriation for its purpose by the Board of County Commissioners and the City Council. SECTION 11: NOTICES 11.01 Any notice given pursuant to the terms of this Agreement shall be in writing and delivered by Certified Dail, Return, Receipt Requested. The effective date of such notice shall be time date of receipt, as evidenced by the Return Receipt. All notices shall be addressed to the following: As to the County: Director, Facilities Development & Operations 2633 Vista Parkway Vilest Palm Beach, FL 3341 l With a copy to: County Attorney's Office 301 North Olive Avenue Vest Palm Beach, FL 33401 Page 4 of 7 Page 990 of 1037 County Administrator 301 North Olive Avenue West Palm Beach, FL 33401 Director, Human Services Division. 810 Datura Street West Palm Beach, FL 33401 As to the City: City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 With a copy to: James A. Cherof, City Attorney Goren, Cherot Doody & Ezrol, PA. 3099 East Commercial. Boulevard, Suite 200 Fort Lauderdale, FL 33308 Any party may from time to time change the address at which notices under this Agreement shall be given such party, upon three (3) days prior written notice to the other parties. SECTION 12: APPLICABLE LAW/VENUE 12.01 This Agreement shall be governed by the laws of the State of Florida and venue for any causes of action concerning this Agreement shall be in Palm Beach County, Florida. SECTION 13: FILING 13.01 A copy of this Agreement shall be fled with the Clerk & Comptroller's Office in and for Palm Beach County. SECTION 14: DELEGATION OF DUTY 14.01 Nothing contained herein shall be deed to authorize the delegation of the Constitutional or Statutory duties of the County's or the City's officers. SECTION 15: PALM BEACH COUNTY OFFICE OF T EIK INSPECTOR GENERAL 15.01 Palm Beach County has established. the Office of the Inspector General., which is authorized and empowered to review past, present and proposed County contracts, transactions, accounts and records. All parties doing business with the County shall fully cooperate with. the Page 5 of Page 991 of 1037 Inspector General. The Inspector General has the power to subpoena witnesses, administer oaths, require the production of records, and to audit, investigate, monitor, and inspect the activities of the City, its officers, agents, employees, and lobbyists in order to ensure compliance with the agreement specifications and to detect waste, corruption and fraud. SECTION 16: AHSCELLANEOUS 16.01 The recitals set forth in this Agreement are true and correct and are incorporated herein. 16.02 All Exhibits referenced in this Agreernent are incorporated herein by such reference and shall be deemed to be an integral part of this Agreement. 16.03 This Agreement and any Exhibits attached hereto and forming a part thereof as if fully set forth herein, constitute all agreements, conditions and understandings between the County and the City concerning the City's utilization of the HRC; except as herein otherwise provided, no subsequent alterations, waiver, change, or addition to this Agreement shall be binding upon the County or the City unless reduced to writing and signed by thein. RENIAINDER OF PAGE 24TOMONALLY LEFT BLANK Page 6 of 7 Page 992 of 1037 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. ATTEST: APPROVED AS TO FORM SUFFICIENCY 4JGAL ttorney ATTEST: CITY CLERK faydet M. Prainito, MMC, City Clerk APPROVEDI AND LEGAL c.tSCoopa�6�clt doh Clan s.x� H wC*yorBoy,con Beach chat PALM BEACH COUNTY, a political subdivision of the State of Florida BY. A'Al T-�V\,) a ti Director, Facilities Dev & Opns CITY OF BOYN TON BEACH, a municipal corporation of the State of Florida By - oar s+ L. Hay, Mayor Page 7 of 7 Page 993 of 1037 EXHIBIT A Patin Beach County Law Enforcement Agencies Best Practices for Interaction with the Homeless Page 994 of 1037 Palm Beach County Law Enforcement Agencies Best Practices for Interaction with the Homeless DISCUSSION: SION: The development of countywide best practices is to ensure that members of Palm Beach County Law Enforcement Agencies understand and are sensitive to the needs and rights of homeless persons, and to set forth procedures for law enforcement members to follow during contacts with homeless persons. These Best Practices recognize that there is a right of all persons, including people experiencing homelessness, to be peaceably in any public place of the jurisdiction so long as their activities are lawful. It also explicitly affirms that homelessness is not a crime. It is also recognized that each individual law enforcement agency may develop policies and procedures to handle homeless persons based on the individual needs of their community, but that the policy or procedure will incorporate the Best Practices below. POLICY: The policies of Palm Beach County Law Enforcement are to treat homeless persons in a manner that protects their needs, rights and dignity, while providing appropriate law enforcement services to the entire community. Agencies recognize that in law enforcement situations involving homeless individuals, it is preferable to make referrals to organizations that provide services to homeless individuals, and to refrain firom initiating contacts that interrupt innocent activity and may violate an individual's constitutional rights. DEFINITIONS: Homeless Person - Is an individual or individuals who lack a fixed, regular and adequate night-time residence, or has a primary night-time residence that is: a. A supervised publicly or privately operated shelter designed to provide temporary living accommodations; b. An institution that provides a temporary residence for individuals intended to be institutionalized; c. A private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. Law Enforcement Member (LE Member) — An employee or volunteer of a municipal, county or school board law enforcement agency in Palm Beach County, Florida, whether or not that member is sworn or non -sworn, paid or non -paid, status. Accept Referral — Applies to a)Homeless Person who has indicated that they dire to end their homelessness. This differs, from a Homeless Person who seeks to have nothing more than a meal or a place to sleep for the night. Homeless Resource Center (HRQ - A facility acting as single point of access recognized by the County to accept a Homeless Persons and their families and engage individuals in ending their homelessness. Page 1 of 4 Page 995 of 1037 BEST PRACTICES: • CONTACT o A LE Member may at any time approach a Homeless Person who has not been observed engaging in criminal conduct, to offer advice about shelters, services, or other assistance that is available. In appropriate situations, the LE Member may also contact an outreach worker from a public or private homeless services provider. The Homeless Person is free to choose whether to accept any referrals or not. o When a Homeless Person accepts a referral, that person or persons shall be transported to the HRC or other community partner's facility identified by the HRC as appropriate for the specific type of referral. When a Homeless Person desires to end their homelessness and accept a referral to the HRC, the LE Member will begin the acceptance process in the field by completing an HRC Field Referral Form, confirming acceptance with the HRC and transporting (or arranging for transport) to the HRC. Prior to a Homeless Person being transported to the HRC, the LE Member shall query the appropriate State and National criminal history databases to determine if the Homeless Person is a registered sexual predator or sexual offender or has active arrest warrants. 1. Homeless Sexual Offenders or Predators are not allowed at an HRC. 2. Homeless Sexual Offenders or Predators under the supervision of the Florida Department of Corrections (FDOC) shall be free to go as long as their actions are lawful. For extenuating issues, FDOC can be contacted at (561) 837-5175 or after hours at (561) 791-4750. 3. Homeless Sexual Offenders or Predators not under the supervision of FDOC should be reported to the Sherif'f's Office S.P.O.T. Unit at (561) 6584161 (M -F gam to 4pm), or via e-mail at spot@pbsor.o -, o LE Members having interactions and or contacts with persons determined to be homeless as a result of self -initiated contact or as a result of a citizen complaint shall document that contam In all cases LE Members shall complete the reporting form appropriate to the interaction, and shall include the letters HL (homeless) in the address field, or other appropriate field, which records for tracking contacts only, a person's homelessness status. The reporting foram shall be in a form such that each agency can electronically identify, retrieve and count mteractiorns with a Homeless Person. The countywide goal is to have the forms entered by each agency into the Law En.forcranent Exchange System- LE Members shall refrain from detention, arrest, uitterrogawn, or initiation of any other enn imal law enforcenment interaction with any persons based solely upon their "statue' of being or appearing to be homeless, so long as their activities are lawful. Page 2 of 4 Page 996 of 1037 o LE Members shall not communicate in any way, to persons who are or appear to be homeless, that they are not allowed to be in a particular public space in the jurisdiction based on their homeless status. o Homeless school age children are required to be enrolled and attend school. LE Members shall contact the School District Police Dispatch at 561-434-8700 to determine if a child is enrolled. if the child is not enrolled, the School District Police Dispatch will be able to advise what public school the child should be attending. The officer will then advise the parents where to enroll the child. • "MOVE ON" ORDERS o LE Members shall not order any person to move to another location when that person has a legal right to be present where he or she is, subject to requests to move for safety or security or other constitutionally permissible reasons. c It is agency policy not to give "move on" orders and not to arrest people for failure to move on if there is another reasonable way to resolve the situation. LE Members shall not give "move on" orders to persons merely because the person is or appears to be homeless. REQUESTS FOR IDENTIFICATION o Requests for identification made to persons who are, or appear to be, homeless shall be subject to the same legitimate law enforcement purposes as are required when made to any other individual, but with sensitivity to the special needs and circumstances of the individual situation. Requests or demands for identification shall only be made with good cause. Requests for identification shall not be made pursuant to casual contact with persons who are, or appear to be, homeless. At no time shall requests or demands for identification be made in order to harass, intimidate, threaten or make any other unwarranted show of audxnty. 2. Unless required by law, or essential to the performance of a law enforcement officer's duty, at no time shall a foam of identification presented by a Homeless Person be seized and not returned to him or her. 3. In situations where persons who are, or appear to be, homeless are unable to produce a valid form of identification, the LE Member shall not penalize the person for failing to produce the requested identification. PERSONAL PROPERTY o The personal property of a Homeless Person shall be treatedd with the same respect and consideration given to the personal property of any other individual, with Page 3 of 4 Page 997 of 1037 particular sensitivity to the special needs and circumstances of the individual situation. In arrest situations, a Homeless Person shall not be required to abandon personal property they identify as their own at the arrest site. LE Members shall not damage, hide or cause to be abandoned the personal property of any such person. Where practical, LE Members shall adopt or facilitate measures that will best safeguard personal property, as determined by the arrestee. a. Property may be taken into custody when an arrestee identifies the property as his or hers. The personal property of arrestees experiencing homelessness is to be handled in the same manner as the property of other arrestees. 2. In no event shall any LE Member destroy any personal property known to belong to a Homeless Person, or recognizable as property of a Homeless Person, unless it is contaminated or otherwise poses a health hazard. 3. A Homeless Person has a constitutionally protected expectation of privacy in their personal belongings and closed containers. LE Members shall refrain from instituting any search, frisk, or other such investigation where the elements of reasonable suspicion or probable cause is not met. A person's status of being, or appearing to be, homeless, without more, does not constitute reasonable suspicion or probable cause or any other grounds for such a search. ARREST SITUATIONS - Arrests of all persons including those defined as homeless, shall comply with State law, or County Ordinance and Departn=t policies and procedures. o If a LE Member observes a Homeless Person engaged in criminal activity, when practical and prudent to do so and with the consent of the victim who has signed a "refusal to prosecute" form, an alternative to a physical arrest shall be used, to include utilizing the resources at the HRC. o A LE Member always has the right to approach any individual 'including a person who is, or appears to be homeless, to allay any suspicions a LE Member may have about the individual, and ascertain that no criminal activity is occurring. TRAINING —Training on how to interact with a Homeless Person shall be conducted as a part of any new officer field training curriculum. Annual in-service Mining curriculums shall include updates and refreshers, on this topic. Page 4 of 4 Page 998 of 1037 EXHIBIT B Field Referral Form Page 999 of 1037 Senator Philip D. Lewis Center 1000 45'" Street, West Palm Beach, FL 33407 1 4;- . ,&Y4&A%n makinn thn rafarrsd. Field Referral Form "I -004-"W Contact Name: Contact Phone No.: Contact Badge No.: Date: Time: Law Enforcement Agency: Referral picked up from: Law Enforcement Case #: Signature of Contact Person: Client Information: Name: Date of Birth: Gender: C Male ❑Female OTransgender Client Informe-Won (Check All That Apply) Currevit Uvi Situation: oWeapons Advisory (no weapons permitted at the Lewis Center) n5haring housing oSubstanceAdvisory (ws1conoiorne0&gppemrtrdstM*Lwac*60 oSubstandard housing ®Personal belongings search oCamping or sleeps in car a1D verified / Type: oMotel/hotei ©Used alcohol or drags last 24 hours? oTransient pis client on supervised release/probation? oOther: o ent DOC# oChildren present? How many Contact the Lewis Center to confirm the referral [For DOC information call (561) 7914750] Coaftrmatton # Client: I understand that I am being Irmspoded to the senator Ptft D. Lewis Center because I want to permanerilly end my homelessness and that %s is not an overnight shelter. Client Signature Dale Name of Company: Phone #. Turn Over To: Name of Lewis Caber Stegf Date and Time Signature of Staff venfKing handaff Oriiginai: t-eA Center NiPddle: Transportation ProvkW BeEtM. Lawn Enforcement dffrcer ka6/2fl12 Page I of 2 Page 1000 of 1037 Homeless Resource Center Information Sheet The major cause ofhomelessness in the United States is lack of affordable housing. Process for making referrals to the Homeless Resource Center: • The Homeless Resource Center (HRC) is a centralized intake/assessment center that offers temporary interim housing for those individuals and families who indicate they want to end their homelessness. • The HRC is not an overnight shelter, a food kitchen, a clothing pantry or a place to go for only a, jfew hours. • If you approach a person who appears homeless, offer information on services (brochure provided with this form) or if the person would like to end their homelessness, offer a referral to the HRC. • Before filling out the Field Referral Form, perform a NCIC/FCIC check to determine if the individual has an active arrest warrant or if they are a sexual offender/perpetrator. If they are, handle according to your agency policies and do not refer. • If the individual does not have an active warrant and is not a sexual offender, fill out the Field Referral Form starting with your contact information in the first section of the form. • Check all that apply regarding Client Information and Current Living Situation. • To the best of your knowledge, fill out the Client Screening Section. If any of the items are checked, the individual should be referred or transported to the facility type indicated. • Once the form is completed call the HRC (number to be determined) to confirm the referral and to be given a referral confirmation number. Write the number on the form in the space specified Indicate to the HRC whether you will be transporting the individual or if you will be calling for transportation and the estimated time of arrival at the HRC. • Transportation depends on your municipality's procedure. If you are not physically transporting, you must call the pre -arranged transportation company. Fill out the information on the form and have the person that is transporting sign the form indicating that the individual has been turned over to them, • Sign the form under the Contact Information For Person Making The Referral Section before you hand the form to the HRC personnel or to the transportation company. • If the individual has personal belongings, make every attempt to transport all of the person's belongings with them. • Ensure that the individual's personal identification documents are returned to them before transport. There are a few things you can do to humanize honxgessness and de -stigmatize mental illness: • Make eye conmet. Pay attention to your language. Use expressions such as "people experiencing homelessness". People who are in this situation are still people first. • Recognize the value of the person's belongings_ Page 2 of 2 Page 1001 of 1037 12. B. NEW BUSINESS 10/17/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/17/2017 REQUESTED ACTION BY COMMISSION: Commissioner Casello has requested to discuss the possibility of adding a monthly report on the Red Light camera program to the consent agenda. 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: Page 1002 of 1037 13.A. LEGAL 10/17/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/17/2017 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: 1. HASAN CALISKAN, Plaintiff vs. CITY OF BOYNTON BEACH, Defendant— Case No. 50 2015 CA 008096XXXXMB EXPLANATION OF REQUEST: The City Attorney, James Cherof, will be in attendance along with the Assistant City Attorney, Tracey DeCarlo, City Manager, Lori LaVerriere, a Court Reporter, the Mayor and City Commission. We will need approximately 30 minutes. The time and date of the private attorney-client session will be scheduled at the October 17, 2017 City Commission meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? n/a FISCAL IMPACT: Budgeted 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: Page 1003 of 1037 ATTACHMENTS: Type D Memo Description Memo requesting Closed Door session Page 1004 of 1037 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 Tracey DeCarlo, Assistant City Attorney DATE: October 13, 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: 1. HASAN CALISKAN, Plaintiff vs. CITY OF BOYNTON BEACH, Defendant — Case No. 50 2015 CA 008096XXXXMB I will be in attendance along with Assistant City Attorney Tracey DeCarlo, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. We will need approximately 30 minutes. The time and date of the private attorney-client session will be set at the October 17, 2017 City Commission meeting. JAC11ms C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\DC83EFF3-3897-47F3-85EF-C239C3265D89\Boynton Beach. 7222.1.Request_For_Ex_Session_-_101317_(Caliskan).Doc Page 1005 of 1037 14.A. FUTURE AGENDA ITEMS 10/17/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/17/2017 REQUESTED ACTION BY COMMISSION: Staff to review and report concerning Florida Te)dile Recycling, LLC. FTR, LLC which provides automated clothing recycling as a non-profit corporation and provides funding to agencies for other non-profit uses - November 7, 2017. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non -budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type D Attachment Description TR, LLC Brochure Page 1006 of 1037 p O C d _ O C 'a -o -o a> a> ON N -O O c t ant c C U O cC C -O � "O 0 g cz Y cz Nct d UiN O cz UN tC 'O bA } cn O '6 O -0 N U 03 Q -U6 O C co O C C 7 co N a--� (C U N co '6 C a- <G m O C :3t U t N U C fC a+ C Q +�+ N bA bA bA N Q N O m Q +� Qa- o �U U U d U N U U E -O N U O C Y U N U N C a'' 7 > O N O aT+ o: O CE -) d U O U � N U i E U J N O tC m2 T 3 c- 261 `` N (C a--� -O a--' N � ,A... 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FUTURE AGENDA ITEMS 10/17/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/17/2017 REQUESTED ACTION BY COMMISSION: Staff will prepare a list of legislative priorities for the 2018 legislative session for the Commission's input and approval. - November 7, 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? Grant Amount: Page 1009 of 1037 14.C. FUTURE AGENDA ITEMS 10/17/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/17/2017 REQUESTED ACTION BY COMMISSION: Update from Boynton Beach Mental Health Committee by the Chair, Woodrow Hay - November 7, 2017. 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: Page 1010 of 1037 14.D. FUTURE AGENDA ITEMS 10/17/2017 REQUESTED ACTION BY COMMISSION: Discussion of number of boards people are allowed to serve on at one time, attendance policies, eligibility rules and qualification of members for all boards. - November 7, 2017 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: Page 1011 of 1037 14. E. FUTURE AGENDA ITEMS 10/17/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/17/2017 REQUESTED ACTION BY COMMISSION: The Commission has requested for a representative of ATS attend a commission meeting to discuss possible additional features/services - TBD 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: Page 1012 of 1037 14. F. FUTURE AGENDA ITEMS 10/17/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/17/2017 REQUESTED ACTION BY COMMISSION: Staff to research possibility of allowing dogs at the beach during certain hours and bring back to Commission - TBD 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: Page 1013 of 1037 14.G. FUTURE AGENDA ITEMS 10/17/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-021 - SECOND READING -Approve Town Square Future Land Use Map Amendment from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezone from PU Public Usage, REC Recreation and R-3 Multifamily to MU -3 Mixed Use 3 zoning district. City -i nitiated.(First Reading approved 8/15, Second Reading Pending Fl. Dept. of Economic Opportunity approval, which takes approximately 2 to 4 months.) PROPOSED ORDINANCE NO. 17-022 - SECOND READING - Amending Ordinance 02-013 to Rezone a Parcel of Land Described Herein and Commonly Referred to as Town Square From Public Usage (Pu); Recreation (Rec) And Multifamily (R-3) to Mixed Use 3 (Mu -3). EXPLANATION OF REQUEST: This future land use amendment and rezoning have been initiated by City staff in preparation for the redevelopment of the civic campus, now referred to as Town Square, into a mix use project. The project is proposed as a partnership between the City, the CRA and the private development team, based on the Public - Private Partnership (P3) development model pursuant to Chapter 255.065, Florida Statutes. In addition to the civic campus, the subject actions apply to the property occupied by the Park Lane Condominium, a small condominium development partially surrounded by the project area. At present there is no formal, full Master Plan application for the project accompanying the zoning request. Since 2015, the City has been able to proactively initiate and process future land use reclassifications and rezonings to selected sites for which there already is a specific vision, supported by a redevelopment or other plan of major importance. The subject request meets this criterion, as the Town Square project is supported by both the CRA Plan and the City's Strategic Plan. The proposed Mixed Use Medium (MXM) future land use category implements the CRA Plan's FLU recommendation for the property. The maximum density for the MXM is 50 du/acre. However, since the site is located within the Downtown Transit -Oriented Development (DTOD) district, its redevelopment density can potentially be increased by 25%, to 63 du/acre. Currently, the City is considering linking eligibility for a 25% density bonus to participation in the Workforce Housing Program. Since the site exceeds 10 acre, the amendment, if approved, will have to undergo state review prior to the City final approval. Moreover, the requested Mixed Use Medium FLU classification, as well as the MU -3 zoning district, require updates to the regulatory framework, including the Comprehensive Plan Future Land Use Element and the Land Development Regulations (LDRs). The Comprehensive Plan amendments were adopted by the City Commission on July 18th and subsequently resent to the state for a final review. If not challenged, the amendments will become effective 31 days after amendment package is deemed complete. Amendments to the LDRs—currently in drafting—will implement the Comprehensive Plan -modified FLU structure as well as changes to the zoning structure recommended by the CRA Plan. The LDR amendments Page 1014 of 1037 are anticipated to be adopted by September 19th. The Planning and Development Board recommended denial of the subject request on July 25, 2017. The chief concern was perceived lack of adequate protection for historic properties.. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The relocation/rehousing of city departments planned as part of the Town Square project has a potential to significantly enhance efficiency of the public service provision. FISCAL IMPACT: The project will generate new ad valorem tax stream revenues from the previously tax exempt properties through the involvement of the private sector. ALTERNATIVES: Staff does not recommend any alternatives. STRATEGIC PLAN: Great Neighborhoods: Safe, Affordable and Livable STRATEGIC PLAN APPLICATION: This action represents a critical task for achieving the "Town Square Redevelopment" strategic objective. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Ordinance D Staff Report D Location Map D Exhibit D Exhibit D Exhibit D Exhibit D Exhibit Description Ordinance approving Town Square Land Use Amendment Ordinance approving Rezoning of Town Square Staff Report Location Map Exhibit B1 Exhibit B2 Exhibit C1 Exhibit C2 Exhibit D Page 1015 of 1037 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 ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR PROPERTY COMMONLY KNOWN AS TOWN SQUARE AND DESCRIBED HEREIN, OWNED BY THE CITY OF BOYNTON BEACH; CHANGING THE LAND USE DESIGNATION FROM PUBLIC AND PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) AND HIGH DENSITY RESIDENTIAL TO MIXED USE MEDIUM(MXM); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after two (2) public hearings the City Commission acting in its dual capacity as Local Planning Agency and City Commission finds that the amendment hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend the Future Land Use Element (designation) of the Comprehensive Plan as hereinafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The foregoing WHEREAS clauses are true and correct and incorporated herein by this reference. Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the following: Page 1016 of 1037 31 That the Future Land Use of the following described land described in Exhibit "A" is 32 amended from Public and Private Governmental/Institutional (PPGI) and High Density 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 58 59 60 61 62 63 64 65 66 67 Residential (HDR) to: MIXED USE MEDIUM (MXM). Section 3 : This Ordinance shall take effect on adoption, subject to the review, challenge, or appeal provisions provided by the Florida Local Government Comprehensive Planning and Land Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is established by state law or special act, the provisions of state act shall control. 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) Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO Page 1017 of 1037 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 02- 013 TO REZONE A PARCEL OF LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS TOWN SQUARE FROM PUBLIC USAGE (PU); RECREATION (REC) AND MULTIFAMILY (R-3) TO MIXED USE 3 (MU -3); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; 15 and 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 WHEREAS, the City of Boynton Beach, owner of the property has made application to rezone a parcel of land, said land being more particularly described hereinafter, from Public Usage (PU); Recreation (REC) and Multifamily (R-3) to Mixed Use 3 (MU -3); and WHEREAS, the City Commission conducted public hearings as required by law and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent with an amendment to the Land Use which was contemporaneously considered and approved at the public hearing heretofore referenced; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1D06F304-491E-437D-8541-40828E375B54\Boynton Be ach.6369.1. Town_S quare_ -_Rezone. do c Page 1018 of 1037 31 Section 2. The land described in Exhibit "A" be and the same is hereby rezoned 32 from PU Public Usage; REC Recreation and R-3 Multifamily to Mixed Use 3 (MU -3). A 33 location map is attached hereto as Exhibit "B" and made a part of this Ordinance by 34 reference. 35 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 36 accordingly. 37 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 38 repealed. 39 Section 5. Should any section or provision of this Ordinance or any portion thereof 40 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 41 the remainder of this Ordinance. 42 Section 6. This ordinance shall become effective immediately upon passage. 43 FIRST READING this day of , 2017. 44 SECOND, FINAL READING and PASSAGE this day of , 2017. 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 CITY OF BOYNTON BEACH, FLORIDA YES NO 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 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1D06F304-491E-437D-8541-40828E375B54\Boynton Be ach.6369.1. Town_S quare_ -_Rezone. do c Page 1019 of 1037 66 67 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1D06F304-491E-437D-8541-40828E375B54\Boynton Be ach.6369.1. Town_S quare_ -_Rezone. do c Page 1020 of 1037 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-001 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Planner DATE: July 10, 2017 PROJECT: Town Square LUAR 17-005 REQUEST: Approve Town Square Future Land Use Map Amendment from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezone from PU Public Usage, REC Recreation and R-3 Multifamily to MU -3 Mixed Use 3 zoning district. City -initiated. PROJECT DESCRIPTION Property Owner: City of Boynton Beach (7 parcels) and owners of 14 Park Lane Condominium units Applicant: City of Boynton Beach Location: Area bounded by Seacrest Boulevard on the west, NE 1St Street on the east, Boynton Beach Boulevard on the north and SE 2nd Avenue on the south (Exhibit "A") Existing Land Use/ Zoning: Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) / PU Public Usage; REC Recreation and R-3 Multifamily (no residential allowed in PPGI and REC; maximum density of 11 du/acre in R-3); see Exhibit "1131" and Exhibit "1132" Proposed Land Use/ Zoning: Mixed Use Medium (MXM) / MU -3 Mixed Use 3 zoning district Page 1021 of 1037 Page 2 Town Square LUAR 17-005 (maximum density 50 du/acre plus 25% density bonus for Downtown TOD District); see Exhibit "Cl" and Exhibit "C2" Acreage: +/- 16.5 acres Adjacent Uses: North: Right-of-way for Boynton Beach Boulevard and farther north, developed commercial properties classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial District); South: Right-of-way for SE 2nd Avenue, and farther south, 10 developed single-family homes and 1 vacant parcel, classified Low Density Residential (LDR) and Medium Density Residential (MEDR) and zoned R -1-A, (Single -Family Residential District) and R-2, (Single- and Two -Family Residential District); East: Right-of-way for NE/SE 1St Street; on the Northeast side, a developed commercial property clasified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial); further south, a parking lot and Green Acres condominium, both classified High Density Residential (HDR) and zoned R-3, Multi -Family; further south, a vacant parcel and Ocean East Apartments, both classified Local Retail Commercial (LRC) and zoned R-3, Multi - Family; the Vivienne condominium on the south side has the same zoning but is classified High Density Residential (HDR); in the southeastern section, two developed single-family homes and a duplex classified Low Density Residential (LDR) and zoned R- 1 -A, (Single -Family Residential District). West: Right-of-way for Seacrest Boulevard; on the Northwest side, the USPS facility and an office building, both classified Local Retail Commercial (LRC) and zoned C-2 (Neighborhood Commercial District); farther south, First United Methodist Church, classified High Density Residential (HDR) and zoned R-3, Multi -Family (on the part of properties fronting Seacrest Boulevard); south of W. Ocean Avenue, developed single-family homes and small residential rental properties, classified High Density Residential (HDR) and zoned R-3, Multi -Family. 2 Page 1022 of 1037 Page 3 Town Square LUAR 17-005 BACKGROUND The Site The subject area covers four blocks, bounded by Seacrest Boulevard on the west, NE 1St Street on the east, Boynton Beach Boulevard on the north and SE 2nd Avenue on the south. It includes seven (7) parcels owned by the City of Boynton Beach, for a total of 15.05 acres, the right-of-way for NE 1St Avenue of 0.7 acre, part of the right-of-way for SE 1St Avenue of approximately 0.09 acres (currently with no future land use classification or zoning designation) and a 14 -unit Park Lane condominium site on approximately 0.63 acres. The City -owned parcels contain the civic campus with the following structures: • 1913 Schoolhouse Museum, including amphitheatre • Art Center • City Hall Complex, including parking garage • Civic Center • Old High School • Kid's Kingdom Playground • Library • Madsen Senior Center (presently housing Code Compliance), including shuffleboard courts As a redevelopment site, the property has several pertinent locational characteristcs: • It is situated within the Community Redevelopment Area, giving a potential development access to a number of incentives, and allowing the Community Redevelopment Agency to become a partner in the incoming project (see "The Proposed Action" section below); • It is enclosed within the Downtown Transit -Oriented Development (DTOD) district, which covers a '/2 mile radius around the intersection of Boynton Beach Boulevard and NE 4t" Street, the site of the future station for the planned Tri -Rail Coastal Link commuter train system on the FEC Rail, which will provide passenger service between Miami and West Plam Beach. The DTOD district regulations support increased intensity of development through a 25% density bonus. • It is also enclosed within both the Coastal Residential Exception area, which exempts all residential development east of 1-95 from the Palm Beach County traffic concurrency, and the Transportation Concurrency Exception Area (TCEA), which, while setting limits on the amount of development that will be allowed, carries additional traffic concurrency exemption for commercial and other non-residential development. 3 Page 1023 of 1037 Page 4 Town Square LUAR 17-005 • The site is split between two CRA districts, the Cultural District and the Boynton Beach Boulvard District, which—together with four others—have been identified and designated as distinctive planning areas by the CRA Community Redevelopment Plan adopted in October of 2016. (See Exhibit "D") The addition of the Park Lane Condominium site squares the project's boundary. The site lays within the Cultural district and is a subject to the same future land use CRA Plan's recommendation as the Town Square. The Proposed Action This action—the future land use amendment and rezoning—has been initiated by City staff in preparation for the redevelopment of the civic campus, now referred to as Town Square, into a mix use project. The project is proposed as a partnership between the City, the CRA and the private development team, based on the Public -Private Partnership (P3) development model pursuant to Chapter 255.065, Florida Statutes. P3s are agreements formed between public and private entities that allow for greater private -sector participation in the financing and delivery of public building and infrastructure projects. (In February of 2015, the City adopted Resolution 15-020, which established procedures for processing of P3s.) Even though a conceptual Town Square Master Plan has been made public, at present there is no Master Plan application for the project accompanying the subject zoning request as would be required by the Land Development Regulations (LDRs) for a privately -initiated application involving a planned zoning district. Since 2015, the City has been able to proactively initiate and process future land use reclassification and rezoning to selected sites—if recommended by a significant planning document(s)— without a concurrent review of a master plan. Such "proactive" actions assures that these properties will have the recommended future land use classification and a corresponding zoning designation "on the ground," ready for incoming projects. The City makes use of this provision for sites for which there already is a specific vision, supported by a redevelopment or other plan of major importance. The subject request meets this criterion, as the Town Square project is supported both by the 2016 CRA Community Redevelopment Plan and the City's Strategic Plan. Previous FLU Amendment/Rezoning Applications for the Site In 2013, the City processed a FLU amendment and rezoning for a small part of the subject site (about 2 acres) occupied by the Old High School, as part of a development agreement in a public/private partnership with an applicant planning the renovation and adaptive reuse of the building. Of the two requests, for a mixed use future land use and zoning, only the first one was approved by the City Commission. The project was subsequently abandoned and the City took the action to revert the site to its previous (and current) PPGI future land use classification. ALI Page 1024 of 1037 Page 5 Town Square LUAR 17-005 Prerequisites for Approval: the Process The regulatory framework for the requested FLU classification of Mixed Use Medium (MXM) and the zoning designation of MU -3 Mixed Use 3 has not as yet been completed. The framework requires text amendments to both the Comprehensive Plan Future Land Use Element and the Land Development Regulations (LDRs). The status of this process is as follows: • The Comprehensive Plan amendments were adopted by the City Commission on July 18th and subsequently resent to the state for a final review. If not challenged, the amendments will become effective 31 days after amendment package is deemed complete (anticipated by September 1S) • Amendments to the LDRs—currently in drafting—will implement the Comprehensive Plan -modified FLU structure as well as changes to the zoning structure recommended by the CRA Plan. The LDR amendments are anticipated to be adopted by September 19tH Since the size of the property under consideration for the Town Square project exceeds ten acres, the proposed FLU amendments are subject to the Expedited State Review Process per provisions of Chapter 163.3184(3) and (5), Florida Statutes. The Expedited State Review Process applies to all comprehensive plan amendments except for small scale amendments and amendments that must follow the State Coordinated Review Process, such as the Evaluation and Appraisal Review (EAR) -based amendments to the Coastal Management Element adopted by the City in 2016. If the Commission approves the proposed amendments, they will be transmitted for review to the Florida Department of Economic Opportunity (DEO), the state land planning agency. The final adoption by the City Commission is tentatively scheduled for October 17th, by which date the required regulatory framework will be updated. REVIEW BASED ON CRITERIA The following analysis adresses all the criteria for review of Comprehensive Plan Map amendments and rezonings listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13.3 and Section 2.D.3. (although City -initiated requests must meet at a minimum criterion "b"): a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. A need for redevelopment of the Boynton Beach civic campus has been recognized for over 20 years. The campus occupies a large track of land close to downtown, and has a 5 Page 1025 of 1037 Page 6 Town Square LUAR 17-005 significant potential to contribute to the quality of the downtown experience through the creation of an attractive, functionally unified built environment. In its current condition, it represents an inefficient use of the valuable land in the City's center, with several disconnected sections, a few obsolete/outdated structures and a historic Old High School building in a state of severe disrepair. It has also been recognized early on that redevelopment of the Town Square and, specifically, the adaptive reuse of the High School, will likely require an involvement of the private sector. In 2015, the City decided on the use of the P3 process in transforming Town Square into a mixed use project with civic as well as residential and commercial uses, and included the project as a high priority item in its Strategic Plan. The project requires a mixed use future land use classification to allow for addition of residential and commercial uses not permitted under the current Public and Private Governmental/Institutional category. The choice of the Mixed Use Medium (MXM) category with a density cap of 50 du/acre (with an additional Downtown TOD District's 25% density bonus) fulfills the recommendation of the CRA Community Redevelopment Plan warranted by the project's proximity to the core of the downtown and to the future station of the planned Coastal Link commuter train service. The MXM category is in- between the proposed new Mixed Use Low, with the density cap of 20 du/acre arguably too low for the location, and the Mixed Use High (renamed Mixed Use Core), whose 80 du/acre density cap is reserved for the core of the downtown. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Consistency with Comprehensive Plan and Redevelopment Plan The future land use classification of MXM proposed for the site is consistent with, and implements, the CRA Community Redevelopment Plan's recommendations for the Cultural and Boynton Beach Boulevard districts in the subject location (the site is split between the two districts). The proposed FLU amendment and rezoning is also explicitely consistent with a number of the policies of the Comprehensive Plan pertaining to mixed use development, most importantly (current) policies 1.18.1 and 1.18.2 of the Future Land Use element: Policy 1.18.1 The City shall implement the Transit -Oriented Development (TOD) approach, as described in the 2012 Florida Department of Transportation's TOD Guidebook, to manage future growth within a mile radius around the intersection of Ocean Avenue and the Florida East Coast rail corridor, which is the anticipated location of the Downtown Boynton Beach Station for the planned commuter C Page 1026 of 1037 Page 7 Town Square LUAR 17-005 Tri -Rail Coastal Link service on the FEC Corridor. This area will be referred as the Downtown TOD District hereforth. The inner %-mile core of this District shall be designed to accommodate the greatest density and intensity of development. Policy 1. 18.2 The City shall aim to transform the Downtown TOD District area into an active, mixed-use, pedestrian -friendly activity zone, supporting new housing to increase potential ridership, intensifying land development activity, and adding amenities and destination uses for future transit riders. The City shall strive to achieve this goal through facilitating compact, high density and intensity development of a varied mix of land uses. Note that not only is the subject property located within the DTOD District, but most of its area falls within the transit core (the District's 1/4—mile radius), therefore justifying the requested MXM future land use classification which would allow a maximum density of 63 du/acre (with the District's 25% density bonus). Consistency with Land Development Regulations (LDR) See "Prerequisits for Approval: the Process" section on page 4 of this report. The Land Development regulations implementing the new future land use/zoning structure will be adopted prior to the adoption of the proposed amendment, anticipated in October. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. It is indeed the staff's opinion that the proposed FLUM reclassification and rezoning would result in more desirable and sustainable growth for the community and improve the general public welfare. While both actions will temporarily create "isolated" districts, the requested FLU category (as already stated) is consistent with the recommendation of the CRA Plan, which also recommends the MXM category for areas west (between Boynton Beach Boulevard and 1St NW Avenue only), north, and east of Town Square (see Exhibit D). Going forward, these recommendations aim to achieve a major transformation of the subject area, implementing the City's and the CRA's vision for it. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the 7 Page 1027 of 1037 Page 8 Town Square LUAR 17-005 Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed FLUM amendment and rezoning clearly meets the definition of "sustainable" as it supports a mixed use, high density redevelopment of the site. Residents and visitors will have access to public transit via Palm Tran bus service on Seacrest and Boynton Beach boulevards (with bus stops located in front of the proposed project), as well as, in the future, to the planned Coastal Link commuter train service. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. So/id Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Traffic. The property is under the Coastal Residential exception and TCEA designations and is therefore exempted from the concurrency requirements of the Palm Beach County Traffic Performance Standards Ordinance. (The required Traffic Statement will be submitted with a site plan/master plan package.) The monitoring of the maximum allowable residential uses and square footage of commercial, industrial and other non- residential uses as well as applicable use ratios under the TCEA Planned 2025 Land Use Table indicate that the current (cumulative) numbers remain significantly off the allowable thresholds. Schools. The School Capacity Availability Determination application will be submitted with a site plan/master plan package. f. Compatibility. The application shall consider the following factors to determine compatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and 9 Page 1028 of 1037 Page 9 Town Square LUAR 17-005 (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. The adjacent and nearby properties include both residential and commercial uses, albeit low rise, while the maximum height of the proposed zoning is 75 feet. However, as indicated in response to criterion "c," future uses in the areas northwest, north and east of the subject property are planned to be compatible in general character and scale to the Town Square project as per recommendations of the CRA Plan. Possible incompatiblity with single-family homes along SE 2nd Avenue will be addressed at the site plan review phase through the project's design. The redevelopment of the subject site is expected to spur more redevelopment activities in the surrounding area, and positively affect the property values. The potential positive impacts will be magnified by the eventual availability of the Coastal Link train commuter service. As was already stated in this report, the need for redevelopment of the Boynton's civic campus has long been recognized as vital for both the area and the city as a whole, and now has a strong support in the CRA Community Redevelopment Plan, the City's Strategic Plan and the Economic Development (ED) Strategic Plan. The requested actions lay the groundwork for the realization of the City's vision for the Town Square. g. Direct Economic Development Benefits. For rezoning/ FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would: (1) Further implementation of the Economic Development (ED) Program,- (2) rogram,(2) Contribute to the enhancement and diversification of the City's tax base,- (3) ase,(3) Respond to the current market demand or community needs or provide services or retail choices not locally available,- (4) vailable,(4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage,- (5) age,(5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. As mentioned above (criterion 'T'), the Town Square project is supported by the City 2016-2021 ED Strategic Plan—which has now supplanted the Economic Development Program—and therefore the requested actions meet criterion g(1). Specifically, the project is listed under the ED Strategic Plan's ACTION PLAN FOR CHANGE, Goal 4, Objective 4.1: Promote Economic Development /Redevelopment in the Eastern Section of the City; Strategy 4.1.4.: Work with the CRA to develop a Town Spuare in the downtown to include City Hall, Library, Children's School House Museum, Old Hiph 9 Page 1029 of 1037 Page 10 Town Square LUAR 17-005 School, Civic Center, Arts Center, and Madsen Center. The proposed FLUM amendment/rezoning supports a project that would constitute a major catalyst for creating a successful, lively downtown, bringing more development to the area and attracting more residents and visitors to the City. The project would or at least has a potential to: • Generate new ad valorem tax stream revenues from the previously tax exempt properties through the involvement of the private sector (criterion g2); • Respond to the community needs by enhancing efficiency of the public service provision (criterion g3); • Create jobs, though most will likely be low wage retail positions; and • Alleviate economic/functional obsolescence in the subject area, including underutilization of land on the subject property (criterion g7). In addition, the requested actions and the project they will support include restoration/preservation and adaptive reuse of the Old High School. h. Commercial and Industrial Land Supply The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development, or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g" above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposed FLUM amendment and rezoning would add a commercial component to the civic campus: the current land use and zoning do not allow commercial uses. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. N/A (See responses above to criteria "a," "b," and "c.") 10 Page 1030 of 1037 Page 11 Town Square LUAR 17-005 j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. The City -initiated rezonings can proceed in advance of the master plan submittal. When submitted, the master plan will comply with Land Development Regulations (see the "Prerequisites for Approval: the Process" section of this report). CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed requests and determined that they are consistent with the policies of the Comprehensive Plan and implement the recommendations of the CRA Community Redevelopment Plan, the City's Strategic Plan and the Economic Development Strategic Plan. It is anticipated that the Comprehensive Plan and LDR amendments required for the approval of the proposed FLU Map amendment and rezoning will be finalized prior to its expected adoption date. Staff recommends approval of the proposed Future Land Use Map amendments for the transmittal to the State for an Expedited State Review. ATTACHMENTS S:\Planning\SHARED\WP\PROJECTS\Town Square LUAR 17-005\Town Square LUAR 17-005 Staff Report.doc 11 Page 1031 of 1037 CITY OF BOYNTON BEACH EXHIBIT A TOWN SQUARE LOCATION MAP Total Town Square area: 16.5 acres 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Page 1032 of 1037 CITY OF BOYNTON BEACH EXHIBIT 131 CURRENT FLU CLASSIFICATIONS FOR TOWN SQUARE AND ADJACENT AREAS 1 1 NE 3rd Ave " 1 I E Boynton Beach Blvd NE 1st E Ocean Ave st zna Legend Future Land Use Classifications l LOW DENSITY RESIDENTIAL (LDR) Max. 5 D.U./Acre MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 10 D.U./Acre HIGH DENSITY RESIDENTIAL (HDR) Max. 11 D.U./Acre 2 LOCAL RETAIL COMMERCIAL (LRC) GENERAL COMMERCIAL (GC) p%j4 N`Q,\t INDUSTRIAL (1) PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) Town Square Last amended October 20, 2015 N W E S 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Page 1033 of 1037 CITY OF BOYNTON BEACH EXHIBIT B2 CURRENT ZONING DESIGNATIONS FOR TOWN SQUARE AND ADJACENT AREAS L° I I ' NE 3rd Ave I I C2 Neighborhood Commercial C3 Community Commercial C4 General Commercial CBD Central Business District 0 M1 Light Industrial PU Public Usage `;''' REC Recreation 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Town Square Page 1034 of 1037 CITY OF BOYNTON BEACH EXHIBIT C1 PROPOSED FLU CLASSIFICATION FOR TOWN SQUARE* 1 1 NE 3rd Ave " 1 I E Boynton Beach Blvd st °Ave st zna * NOTE: Areas adjacent to Town Square shown N with the current FLU classifications W E S 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Page 1035 of 1037 CITY OF BOYNTON BEACH EXHIBIT C2 PROPOSED ZONING DESIGNATION FOR TOWN SQUARE 90POV-11, L° I I ' NE 3rd Ave I I E Boynton Beach Blvd st Ave C2 Neighborhood Commercial C3 Community Commercial C4 General Commercial CBD Central Business District 0 M1 Light Industrial MU -3 Mixed Use 3 Town Square 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Page 1036 of 1037 CITY OF BOYNTON BEACH: TOWN SQUARE EXHIBIT D CRA COMMUNITY REDEVELOPMENT PLAN'S FLU RECOMMENDATIONS FOR CULTURAL AND AND BOYNTON BEACH BOULEVARD DISTRICTS LEGEND Town Square Cultural District Q Boynton Beach Blvd District Mixed Use High (MXH), Max. Density 80 D.U./Acre Mixed Use Medium (MXM), Max. Density 50 D.U./Acre Low Density Residential , Max. Density 7.5 D.U./Acre N W E S 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Page 1037 of 1037