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Agenda 11-01-16The City of Boynton Beach City Commission Agenda Tuesday, November 1, 2016, 6:30 PM Commission Chambers 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Regular City Commission Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Mack McCray (District 11) Commissioner Justin Katz (District 1) 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 716 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. • Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." • Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes • Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, 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 2of716 1. OPENINGS A. Call to Order - Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner Katz ROLL CALL Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement by Police Chief Katz about the Department's Commission for Florida Law Enforcement (CFA) Accreditation as an Excelsior level. B. Presentation by Recreation & Parks Director Wally Majors about the Department's National Re - Accreditation through the Commission for the Accreditation of Park and Recreation Agencies (CAPRA). Accreditation is a distinguished mark of excellence that affords external recognition of an organization's commitment to quality and improvement. C. Announce the annual reappointment of those advisory board seats with terms expiring in December 2016. The following boards will have openings: • Arts Commission, • Building Board of Adjustments and Appeals, • Education and Youth Advisory Board, • Firefighters Pension Trust Fund Board, • Library Board, • Planning and Development Board, • Recreation and Parks Board and • Senior Advisory Board. Information on the boards and applications are available online. Applications can also be taken at the City Clerk's office in City Hall or sent to cityclerk@bbfl.us. All applicants must be registered voters in Palm Beach County. D. Reminder that the general election is Tuesday, November 8, 2016, 7am - 7pm. E. City Hall will be closed on Veterans Day, Friday, November 11, 2016. F. City Hall will be closed for the Thanksgiving holiday on Thursday, November 24 and Friday, November 25, 2016. 4. PUBLIC AUDIENCE Page 3of716 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 Regs and 1 Alt Building Board of Adjustments & Appeals - 1 Reg Education and Youth Advisory Bd: 2 Alts Recreation & Parks Bd: 1 Reg Senior Advisory Board: 2 Alts 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 A. PROPOSED RESOLUTION NO. R16-141 - Authorize the City Manager to sign an annual service agreement with Motorola, Inc. in the amount of $18,256.44 for the continued maintenance and repair of the City's radio telecommunications systems as a sole source vendor and authorize the City Manager to sign the agreement. B. PROPOSED RESOLUTION NO. R16-142 - Authorize the City Manager to sign all documents associated with the Florida Department of Transportation (FDOT) grant in the amount of $40,000 for DUI enforcement. C. PROPOSED RESOLUTION NO. R16-143 - Authorize the City Manager to sign a four (4) year agreement with Tanner Industries Inc. of Southampton, PA for the lease of one (1) 1,000 gallon anhydrous ammonia storage tank at an estimated annual expenditure of $100 per month ($1,200 per year). D. Approve Amendment 2 to Task Order #U -1A-01 with Globaltech, Inc. in the amount of $83,669 for additional construction management services for the Raw Water Main - Section C project. E. Accept the written report to the Commission for purchases over $10,000 for the month of September 2016. F. Approve the extensions for RFPs/Bids and/or piggy -backs for the procurement of services and/or commodities as described in the written report for November 1, 2016 - "Request for Extensions and/or Piggybacks". G. Approve a $5,000 donation to GBDC Entrepreneurship Institute to support the Juvenile Detention Alternatives I nitiative (J DAI) program from the Federal Forfeiture Law Enforcement Trust Fund. H. Approve a price increase for two items from the City of Boynton Beach and City of Delray Beach Joint Bid for the "Annual Supply of Medical Supplies and Medications"; Bid No. 044-2210-16/JMA. I. Approve award of the bid for "Printing and Mailing Services", Bid No. 077-1210-16/JMA to Graphic Authority Corporation of Coral Gables, FL for the printing and mailing of the City of Boynton Beach 2017 Calendar and FY16 Annual Report. Estimated costs of printing and mailing services is $22,500, estimated costs of postage is $11,000. J. Approve the minutes from the Regular City Commission meeting held on October 18, 2016 and the minutes from the Special City Commission meetings held on October 10, 2016 and October 18, 2016. Page 4of716 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R16-144 - Authorize the City Manager to sign Task Order U -2C- 03 with Carollo Engineers for GIS work in connection with the Utilities Management Optimization Project with a not to exceed amount of $139,700. This is in accordance with the approval of RFQ 017-2821-14/DJL, General Consulting Services, Scope C as approved by the City Commission on July 1, 2014. B. Award the Bid for the "Replacement of the Roof and HVAC System for the Pistol Range" to Al Property Services Group of Miami, FL as the most responsive, responsible bidder for the submitted bid amount of $167,307. Staff is requesting a 10% contingency of $16,730 for a total approved amount of $184,037. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 10. CITY MANAGER'S REPORT A. Authorize increasing the annual expenditure for the "Re -Bid for Pre -Chlorinated Pipe Bursting of Potable Water Mains", Bid No. 036-2821-16/TP, for a two (2) year period from an annual amount of $400,000. to $1,000,000. This is purchased on an "As Needed Basis". 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. PROPOSED RESOLUTION NO. R16-145 - Approve and ratify the reopened and amended Articles: Wages, Insurance, and Pension of the Collective Bargaining Agreement between SEIU Florida Public Services Union, CTW, CLC - Blue Collar Unit and the City and authorizing the City Manager to sign the Addendum to the Collective Bargaining Agreement. PROPOSED RESOLUTION NO. R16-146 - Approve and ratify the reopened and amended Articles: Wages, Insurance, and Pension of the Collective Bargaining Agreement between SEIU Florida Public Services Union, CTW, CLC - White Collar Unit and the City and authorizing the City Manager to sign the Addendum to the Collective Bargaining Agreement. B. PROPOSED RESOLUTION NO. R16-147 - Approve and ratify the Collective Bargaining Agreement between the Palm Beach County Police Benevolent Association Police Officers and Detectives and the City. PROPOSED RESOLUTION NO. R16-148 - Approve and ratify the Collective Bargaining Agreement between the Palm Beach County Police Benevolent Association Police Sergeants and the City. PROPOSED RESOLUTION NO. R16-149 - Approve and ratify the Collective Bargaining Agreement between the Palm Beach County Police Benevolent Association Police Lieutenants and the City. C. Commissioner Casello has requested to discuss the possibility of a referendum for the March 2017 election changing the provision for a candidate to be elected from 50% plus one rule. 13. COMMUNITY REDEVELOPMENT ADVISORY BOARD A. Reports -- None Page 5of716 B. Pending Items 1. City Services Survey for the CRA C. New Assignments -- None 14. LEGAL A. PROPOSED RESOLUTION NO. R16-150 - Approve the issuance of a "Notice of Intent" (NOI #2016-01) to adopt pending amendments to the City's Land Development Regulations (LDR) related to the siting and installation of wireless communication facilities (WCF) located within rights-of-way in the City limits. B. PROPOSED RESOLUTION NO. R16-136 - Approve the Declaration of Restrictive Covenant for the project known as STOR ALL LUXURY RV AND BOAT STORAGE to be recorded with the property. (TABLED ON October 4, 2016) 15. FUTURE AGENDA ITEMS A. City Commission to review Legislative Priority List for upcoming Legislative Session - January 17, 2017. B. Discuss an amendment of the City's Zoning Regulations (LDR Chapter 3, Section 3.D.) to allow medical offices as accessory uses to a residential development. C. PROPOSED ORDINANCE NO. 16-018 - SECOND READING - Approve amendments to the Comprehensive Plan Coastal Management Element for transmittal to the Department of Economic Opportunity for the State -Coordinated Review. The proposed amendments address new statutory requirements pertaining to prevention/ mitigation of flood hazards in the coastal areas (Chapter 163.3178, F.S.) and update the remaining objectives and policies to account for completions and changes in the City's programs. December 6, 2016 D. Monthly Departmental Presentations: Human Resources/Risk Management - November 2016 City Clerk - December 2016 Library - January 2017 Communications/Marketing - February 2017 E. Update and direction on the City's workforce housing ordinance; Chapter 1, Article V, Section 2, Workforce Housing Program - November 15, 2016 F. I nterlocal Agreement with CRA for Community Standards Outreach position - November 15, 2016. G. The Brass Tap (COUS 16-006 — Approve request for Conditional Use for a Bar & Nightclub to allow liquor sales at an existing restaurant, located at 950 N. Congress Avenue, Suite J-100, in the Boynton Village & Town Center development, in the Suburban Mixed Use (SMU) zoning district. (Conditional Use approval is required in connection with the request for approval to sell liquor. The sale of liquor is projected to increase revenues from the sale of alcohol to over 51% of total sales, which changes the use from a "Restaurant" to a "Bar & Nightclub" use.) Applicant: Matthew Baum, Craftmade Boynton, LLC dba The Brass Tap. - 11/15/16 H. Smart Starts Day Care (COUS 16-003/MSPM 16-0061 — Approve request for Conditional Use approval associated with a request for Major Site Plan Modification approval for conversion of a 13,640 square foot office building to a day care facility and related site improvements, located at 3452 W. Boynton Beach Boulevard, in the C-1 (Office Professional) zoning district. Applicant: Bradley Miller, Miller Land Planning, Inc. - 11/15/16 16. ADJOURNMENT NOTICE Page 6of716 1F APER.SON DECIDES TOAPPEALANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED ARECORD OF THE PROCEEDINGSAND, FOR SUCH PURPOSE, HE/SHE 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 1N AND ENJOY THE BENEFITS OFA SERVICE, PROGRAM, ORACTWITY CONDUCTED BY THE CITY PLEASE CONTACT THE CITY CLERK'S OFFICE, (561) 742-6060 OR (TTY)1-800-955-8771, AT LEAST 48 HOURS PRIOR TO THE PROGRAM ORACTIVITY 1N ORDER FOR THE CITY TO REA.SONABLYACCOMMODATE YOUR REQUEST. ADD1T1ONALAGENDAITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THECITY'S WEB SITE. INFORMATION REGARDING 1TEMSADDED TO THEAGENDAAFTER 1T 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page7of716 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 REQUESTED ACTION BY COMMISSION: Call to Order - Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner Katz ROLL CALL Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. Non -budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: 1.A. OPENING ITEMS 11/1/2016 Page 8of716 Department City Clerk Reviewer Action Date 1011912016 - 0:06 PPA Page 9of716 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 REQUESTED ACTION BY COMMISSION: Informational items by Members of the City Commission EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department City Clerk 2.A. OTHER 11/1/2016 Reviewer Action Date Foyle, Judith Approved 10/10/2016 - 0:06 FSM Page 10 of 716 433 ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 11/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 REQUESTED ACTION BY COMMISSION: Announcement by Police Chief Katz about the Department's Commission for Florida Law Enforcement (CFA) Accreditation as an Excelsior level. EXPLANATION OF REQUEST: We are proud to announce that on Wednesday, October 26, 2016, the City of Boynton Beach Police Department was recognized by the Commission for Florida Law Enforcement (CFA) Accreditation as an Excelsior level. The CFA is a regional accrediting organization. There is no higher honor by a professional accrediting body. This recognition was granted by the Commission following an in-depth, outside examination of every aspect of our operations from August 2013 — August 2016. This assessment was chaired by Dr. Bruce Clark, Lake County Sheriff's Office, and he was assisted by Deputy Ken Muarry, Clay County Sheriff's Office, and Lt. Pam Steelman, Florida Fish & Wildlife Conservation Commission. The assessment team conducted a variety of audits and inspections to ensure our practices are consistent with our policies. In addition, the assessors met with, interviewed, and observed many of our personnel during the course of their work day. The assessment team described our personnel as knowledgeable, courteous, and engaged. They were especially impressed with several aspects of our operations including our: Innovative work with the youth within our community Engagement efforts — both internal and external Social media presence, branding, and messaging, and Our selection process / Police Training Officer program Excelsior recognition can only be achieved based upon two conditions. First, the agency must demonstrate commitment to the accreditation process for a minimum of 5, 3 -year cycles. Additionally, the agency must demonstrate excellence with respect to the manner in which in performs based upon the 237 individual benchmarks established by the accreditation commission. At this time, I'd like to recognize Det. Chris Naulty for her success in organizing and cataloging our proofs of compliance, her input on our policy development, and her efforts to help align our policies with our training. Having previously served in this role, I am acutely aware of the many challenges and opportunities associated with the title of Accreditation Manager. I'd also like to recognize her commanding officer, Capt. Joe DeGiulio, and her Division Commander, Assistant Chief Kelly Harris. I would like to formally acknowledge and thank our previous accreditation managers who contributing to laying the foundation for this achievement: G. Matthew Immler, Frank Briganti, Henry Diehl, and Gabriel Albala. Finally, I would like to thank the 211 dedicated men and women of the BBPD who live these standards each and every day. So much of what they do goes unnoticed, unrecognized, and uncelebrated... and that's exactly how we should be willing to operate. These men and women are heroes to me because of the selfless nature of their service. I hope you'll join me in applauding their sustained efforts to achieve excellence. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This achievement will assist us in our ongoing efforts to improve our brand, incentivize high performance, attract top candidates for employment, and instill public confidence and engagement with their police department. FISCAL IMPACT. Non -budgeted None Page 11 of 716 ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department Police Finance City Manager Reviewer Action Patz, Jeff Approved Howard, Tim Approved LaVerriere, Lori Approved Date 1012712016 - 2:47 Pl\A 1012712016 - 0:46 Pl\A 1012612016 - 11:04 AM Page 12 of 716 410 ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 11/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 REQUESTED ACTION BY COMMISSION: Presentation by Recreation & Parks Director Wally Majors about the Department's National Re -Accreditation through the Commission for the Accreditation of Park and Recreation Agencies (CAPRA). Accreditation is a distinguished mark of excellence that affords external recognition of an organization's commitment to quality and improvement. EXPLANATION OF REQUEST. On October 4, 2016, the Recreation & Parks Department received national re -accreditation from CAPRA. The re -accreditation process is extensive and took place during the 5 year period since the Department's last re -accreditation in 2011. The Department was originally accredited in 2006. After the Department completed a comprehensive self-assessment report, a site review was conducted in May by a team of experienced professional from around the Country representing CAPRA. Accreditation requires agencies to respond to 151 standards representing elements of effective and efficient recreation and park operations. To become re -accredited, agencies must demonstrate their ability to meet 37 fundamental standards and 95% of all other standards. The Recreation & Parks Department met 149, or 99% of the standards. The Department is one of only 22 agencies in the State, and one of two in Palm Beach County that accomplished this challenging task. Nationwide, only 3% of the more than 5,000 park and recreation agencies are accredited. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Accreditation confirms that the Department is operating in the most efficient and effective manner possible in the delivery of our services. FISCAL IMPACT. Non -budgeted N/A ALTERNATIVES: Do not make the presentation. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 13 of 716 REVIEWERS: Department Recreation & Parks Reviewer Action Majors, Wally Approved Howard, Tim Approved LaVerriere, Lori Approved Date 1012612016 - 6:44 AM 1012612016 - 6:62 AM HuAffABIBIENDIMM Page 14 of 716 3.C. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 11/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 REQUESTED ACTION BY COMMISSION: Announce the annual reappointment of those advisory board seats with terms expiring in December 2016. The following boards will have openings: • Arts Commission, • Building Board of Adjustments and Appeals, • Education and Youth Advisory Board, • Firefighters Pension Trust Fund Board, • Library Board, • Planning and Development Board, • Recreation and Parks Board and • Senior Advisory Board. Information on the boards and applications are available online. Applications can also be taken at the City Clerk's office in City Hall or sent to cityclerk@bbf1.us. All applicants must be registered voters in Palm Beach County. EXPLANATION OF REQUEST. Advisory boards have been established with members appointed for specific staggered terms. Most boards have appointments that will expire in December of each year. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. Non -budgeted ALTERNATIVES: Do not make the announcement STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 15 of 716 REVIEWERS: Department City Clerk Finance Reviewer Action Foyle, Judith Approved Howard, Tim Approved LaVerriere, Lori Approved Date 1012612016 - 4:00 PPA 1012612016 - 4:67 PPA Page 16 of 716 3.D. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 11/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 REQUESTED ACTION BY COMMISSION: Reminder that the general election is Tuesday, November 8, 2016, 7am - 7pm. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. Budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 10/26/2016 - 11:10 AM Finance Howard, Tim Approved 10/26/2016 - 11:10 AM City Manager LaVerriere, Lori Approved 10/26/2016 - 4:67 PM Page 17 of 716 3.E. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 11/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 REQUESTED ACTION BY COMMISSION: City Hall will be closed on Veterans Day, Friday, November 11, 2016. EXPLANATION OF REQUEST. In observance of Veterans Day, all City administrative offices will be closed on Friday, November 11, 2016 and will re -open at 8:00 a.m. on Monday, November 14, 2016. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. Budgeted N/A ALTERNATIVES: This is a scheduled holiday for City employees. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 10/26/2016 - 0:10 AM Finance Howard, Tim Approved 10/26/2016 - 0:10 AM City Manager LaVerriere, Lori Approved 10/26/2016 - 4:66 PM Page 18 of 716 3.F ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 11/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 REQUESTED ACTION BY COMMISSION: City Hall will be closed for the Thanksgiving holiday on Thursday, November 24 and Friday, November 25, 2016. EXPLANATION OF REQUEST. In observance of Thanksgiving, all City administrative offices will be closed on Thursday, November 24 and Friday, November 25, 2016. City Hall will re -open on Monday, November 28, 2016 at 8:00 p.m. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. Budgeted N/A ALTERNATIVES: These two days are regularly scheduled holidays for City employees. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 10/26/2016 - 9:21 AM Howard, Tim Approved 10/26/2016 - 9:21 AM LaVerriere, Lori Approved 10/27/2016 - 2:02 PM Page 19 of 716 5.A. ADMINISTRATIVE 11/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 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 exist: Arts Commission: 2 Regs and 1 Alt Building Board of Adjustments & Appeals - 1 Reg Education and Youth Advisory Bd: 2 Alts Recreation & Parks Bd: 1 Reg Senior Advisory Board: 2 Alts EXPLANATION OF REQUEST. The attached list contains the names of those who have applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Board full and operating as effectively as possible. FISCAL IMPACT. Non -budgeted None ALTERNATIVES: Allow vacancies to remain unfilled. STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Page 20 of 716 b REVIEWERS: Department City Clerk Reviewer Appointments &Applicants Podray Andrew Schapiro Daniel Action Date Approved 1011012016 - 3:06 PPA Page 21 of 716 Arts Commission Mayor Grant Reg I Katz Reg IV McCray Alt Applicants None 3 yr term to 12/17 Tabled (2) 3 yr term to 12/17 Tabled (2) 1 yr term to 12/16 Tabled (2) Building Board of Adjustments and Appeals I I McCray Reg 3 yr term to 12/17 Tabled (2) Applicants Andrew Podray - Previous Board Member Education and Youth Advisory Board III Romelus Alt 1 yr term to 12/16 Tabled (3) IV Casello Alt 1 yr term to 12/16 Tabled (3) Applicants None Recreation and Parks Board I Katz Reg 3 yr term to 12/17 Applicants Daniel Schapiro - Current alternate Senior Advisory Board I Katz Alt 1 yr term to 12/16 Tabled (3) II McCray Alt 1 yr term to 12/16 Tabled (3) Applicants lZror1T Page 22 of 716 Ili, Shaxla From: pod4270 <noreply@123contactform.com> Sent: Friday, October 21, 2016 4:18 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: resumeltsretailoffice.docx Today's date 10/21/2016 Name Andrew Podray Gender Male Phone number 561-523-5140 Address 800 North Road Boynton Beach Florida 33435 the Boynton Beach United States Email bod4270aaol.com Current occupation or, if retired, prior President and CEO of American Housing Enterprises occupation Education Bachelors in Health Administration / Business Are you a registered Yes voter? Do you reside within the Boynton Beach Yes City limits? Do you own/manage a business within Yes �- City limits? If "yes", name of American Housing Enterprises and Casta Costa Commercial business: Li Are you currently M. serving on a City No board? Have you served on a City board in the Yes past? If "yes", which Building board of adjustment and appeals. board(s) and when? Have you ever been No convicted of a 1 Page 23 of 716 crime? If "yes", when and where? Advisory Board Planning & Development Board Personal Please see my resume. Qualifications Professional Please see my resume. Memberships Feel free to attach/upload an wuiv 123contactfonn.com,�Uload dld.php'?fileid=70eea36ce403e8adcc05ae48baf40a4c extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 98.242.164.67 (United States) at 2016-10-2115:18:26 on Internet Explorer 11.0 Entry ID: 179 Referrer: www,boynton-beach.org/officials/advisory boards.php Page 24 of 716 CITY OF BOYNTON BEACH G7 ADVISORY BOARD APPOINTMENT APPLICATION Thank you for your interest in serving on a City advisory board and for taking the time to fill out this form. Please print or type all answers clearly. If instructions are not followed or the application is not filled out in its entirety, the form will be returned for clarification. Na i -6 Phone: R 12f_19 %100 Address /rl0 tc_.JrP,_A�� 11vive zip Code 3430 1 Alternate E-mail Address; J,r SC144;ry Q�r�ti /. CC,., Phone: Current occupation or, if retired, prior occupation e,/ rz 0*1iv. G1 11,,4 q .t MIYA FGor?,J4 ei ir%nt)/, Gender: Female Male Are you a registered voter? (% ,- Y Yes No Do you reside within the Boynton Be ch City limits? Yes No Do you own/manage a business within the City limits: Yes No If "yes", name of business Are you currently serving on a City board? Yes No Have you served on a City board in the past? Yes No If so, which board(s) and when? Have you ever been convicted of a crime? No If so, when Where Please indicate which advisory board you are seeking appointment. A board list, requirements, respenibilit� and meeting times and dates is attached. r- rn Arts Commission: _ Police Officers' Retirement T ust Ful: Building Board of Adjustment & Appeals: Recreation & Parks Board: Community Redevelopment Agency Advisory Board: _ Senior Advisory Board: _ Education and Youth Advisory Board: _ Veterans Advisory Commission: 4- r� Employees' Pension Board: _ _ Firefighters' Pension Trust Fund: Golf Course Advisory Committee: _ Library Board: What personal qualifications do you possess (i.e., profession, previous experience, branch of military service or organi ation) which you fjel wo Id m ke/you a good candidate for thi baa%d?�/Pie a ej e s ific, / !2✓ic SN 'i'Ur'�l Cn �GG/ !�✓�nf �i 1%r till '" _/!P/f&,--✓ T� Tfe 7�t� . rn GGd /t�i . Page 25 of 716 Feel free to attach an extra sheet or resume. Return the completed form to the City Clerk's Office, 100 East Boynton Beach Boulevard, City Hall, Boynton Beach, FL 33425-0310. It will be placed in the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. I hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board, Signature: Revised 11/19/15 6:57 AM S:\CC\WP\BOARDS\APPMENTS\Master Form - Talent Bank Form,doc Page 26 of 716 CONSENTAGENDA 11/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-141 -Authorize the City Manager to sign an annual service agreement with Motorola, Inc. in the amount of $18,256.44 for the continued maintenance and repair of the City's radio telecommunications systems as a sole source vendor and authorize the City Manager to sign the agreement. EXPLANATION OF REQUEST. The City maintains a radio telecommunications system that provides the Police Department, Fire/Rescue Department and other local government entities with radio communications. The Motorola Company manufactured and installed our current system which consists of computer consoles, portable radios, antennas and operational readiness. The City has a thirteen (13) year relationship with Motorola and this request is for an annual maintenance agreement for Motorola to provide monitoring and diagnostic services along with the replacement or repair of any defects to the infrastructure, computer equipment, and radio repair and updates required. While Motorola has the option to subcontract radio maintenance to an authorized Motorola subcontractor, the Communications infrastructure (consoles, repeaters, etc.) are serviced and maintained by Motorola directly. Authorized subcontractors of Motorola (i.e. Control Communications) will not contract with entities directly as their work orders are routed through Motorola. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This service agreement ensures that public safety and relevant local government entities can maintain radio communications which is critical to the provision of services to the community. FISCAL IMPACT. Budgeted Budgeted Funds have been included in the FY 2016/17 Proposed Budget in line item 001-2112-521.46-24. ALTERNATIVES: Radio communications are mission critical to the public safety function. The maintenance contract is required to insure continued operations of the system. STRATEGIC PLAN: Great Neighborhoods: Safe, Affordable and Livable STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 27 of 716 Grant Amount: CONTRACTS VENDOR NAME: Motorola Solutions START DATE: 10/1/2016 END DATE: 9/30/2017 CONTRACT VALUE: $18,256.44 MINORITY OWNED CONTRACTOR?: No EXTENSION AVAILABLE?: EXTENSION EXPLANATION: ATTACHMENTS: Type rh�111111111 REVIEWERS: Description Resolution approving annual Service Agreement with Motorola for radio maintenance and repair Motorola Solutions Services Agreement Department Reviewer Action Date Police Crawford, Suzanne Approved 10/18/2016 - 1:02 PKA Legal Swanson, Lynn Approved 10/26/2016 - 11:32 AM Finance Howard, Tim Approved 10/26/2016 - 11:44 AM City Manager LaVerriere, Lori Approved 10/27/2016 - 2:03 PKA Page 28 of 716 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. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN ANNUAL SERVICE AGREEMENT WITH MOTOROLA, INC., PROVIDING FOR THE CONTINUED MAINTENANCE AND REPAIR OF THE CITY'S RADIO TELECOMMUNICATIONS SYSTEMS AS A SOLE SOURCE VENDOR FOR A TWELVE (12) MONTH PERIOD, IN THE AMOUNT OF $18,256.44; AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City maintains a radio telecommunications system that provides the Police Department, Fire Rescue Department and other local government entities with radio communications; and WHEREAS, Motorola, Inc., manufactured and installed our current system which consists of computer consoles, portable radios, antennas and operational readiness; and WHEREAS, the City has a thirteen year relationship with Motorola; 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 Service Agreement with Motorola, Inc., for the continued maintenance and repair of the City's radio telecommunication systems for a twelve (12) month period; 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 hereby CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\F71 BOEAO-BEOA-45AD-8884-FC45133F9382\Boynton Beach.4302.1. Moto rola_Service_Agr_(2016-17)_ _Reso.doc Page 29 of 716 31 approves the Service Agreement for the continued maintenance and repair of the City's radio 32 system between the City of Boynton Beach and Motorola, Inc. for a twelve (12) month 33 period in the amount of $18,256.44. 34 Section 3. The City Manager is authorized to sign the Service Agreement, a copy 35 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 , 2016. 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 ATTEST: 58 59 60 61 Judith A. Pyle, CMC 62 City Clerk 63 64 65 66 (Corporate Seal) 67 68 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\F71 BOEAO-BEOA-45AD-8884-FC45133F9382\Boynton Beach.4302.1. Moto rola_Service_Agr_(2016-17)_ _Reso.doc Page 30 of 716 ilk %w MOYOROLA SOLUTICA Attn: National Service Support/4th fl 1301 East Algonquin Road (800) 247-2346 Date: 06/14/2016 SERVICES AGREEMENT Contract Number: S00001000428 Contract Modifier: RN26-APR-16 10:39:07 Company Name: Boynton Beach, City Of MODEL/OPTION Required P.O.: No Attn: Customer #: 1000303040 Billing Address: 100 E Boynton Beach Blvd AMT Bill to Tag #: 0001 City, State, Zip: Boynton Beach,FL,33435 $1,521.37 Contract Start Date: 10/01/2016 Customer Contact: Contract End Date: 09/30/2017 Phone: Anniversary Day: Sep 30th Services Payment Cycle: QUARTERLY PO#: $1,521.37 QTY MODEL/OPTION SERVICES DESCRIPTION MONTHLY EXTENDED EXT AMT Total Services $1,521.37 $18,256.44 SPECIAL INSTRUCTIONS - ATTACH Subtotal - Recurring Services STATEMENT OF WORK FOR PERFORMANCE DESCRIPTIONS Subtotal - One -Time Event Services Total $1,521.37 $18,256.44 Taxes - - MAINTENANCE CONTRACT INCLUDES THE FOLLOWING SERVICE PRODUCTS: Grand Total $1,521.37 $1$,256.44 THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING DISPATCHING, TECHNICAL SUPPORT, NETWORK MONITORING, INFRASTRUCTURE JURISDICTIONS WHERE APPLICABLE, TO BE VERIFIED BY MOTOROLA. REPAIR WITH ADVANCED REPLACEMENT, ON SITE INFRASTRUCTURE RESPONSE, LOCAL RADIO COMBO PACKAGE, SECURITY MONITORING AND SECURITY UPDATE SERVICE FOR 5 MCC7500 CONSOLES AND 5 APX6500 MOBILES. "'The prices quoted via this service contract renewal are valid only until expiration of the current service contract. If Customer does not provide to MSI a valid, executed contract renewal within 30 days of contract expiration a one-time administrative fee equal to 5% of the subsequent years annual contract rate will be billed to the Customer upon reestablishment of the expired service contract. Pricing on the 5% Administration fee once delinquent = $5,672.45— Subcontractor(s) City State MOTOROLA SOUTH FLORIDA FSO PLANTATIO FL N MOTOROLA SYSTEM SUPPORT CENTER ELGIN IL MOTOROLA SSC NETWORK SECURITY SCHAUMBU IL D0298 RG MOTOROLA SYSTEM SUPPORT SCHAUMBU IL CENTER -NETWORK MGMT D0067 RG MOTOROLA SYSTEM SUPPORT CTR -CALL SCHAUMBU IL CENTER D0066 RG MOTOROLA SYSTEM SCHAUMBU IL SUPPORT -TECHNICAL SUPPORT D0068 RG Page 31 of 716 CONTROL COMMUNICATIONS I DAVIE I FL I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms and Conditions, a copy of which is attached to this Service Agreement, is incorporated herein by this reference. AUTHORIZED CUSTOMER SIGNATURE TITLE DATE CUSTOMER (PRINT NAME) MOTOROLA REPRESENTATIVE(SIGNATURE) TITLE DATE Cindee Markes 954-723-4718 MOTOROLA REPRESENTATIVE(PRINT NAME) PHONE Company Name: Boynton Beach, City Of Contract Number: S00001000428 Contract Modifier: RN26-APR-16 10:39:07 Contract Start Date: 10/01/2016 Contract End Date: 09/30/2017 Page hof716 Customer: Boynton Beach, City of Contract #: S00001000428 Effective: .10/1/2016 Qty Equipment Description 5 MCC7500 consoles 4 APX6500 / M25URS9PW1AN for Fire Rescue 527CRHO812 527CRHO813 527CQK2029 527CRR1426 Page 93 of 716 Service Terms and Conditions Motorola Solutions, Inc., through its Commercial, Government, and Industrial Solutions Sector ("Motorola"), and the customer named in this Agreement ("Customer"), hereby agree as follows: Section 1 APPLICABILITY These Service Terms and Conditions apply to service contracts whereby Motorola agrees to provide to Customer either (1) maintenance, support and/or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement. Section 2 DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Service Terms and Conditions will take precedence over any cover page, and the cover page will take precedence over any attachments, unless the cover page or attachment specifically states otherwise. 2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement. Section 3 ACCEPTANCE Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement will become binding only when accepted in writing by Motorola. The term of this Agreement will begin on the "Start Date" indicated in this Agreement. Section 4 SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola's then -applicable rates for such services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for such additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for such Equipment will terminate at the end of the month in which Motorola receives such written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4 Page 34 of 716 4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to such Equipment; remove such Equipment from the Agreement; or increase the price to Service such Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. Section 5 EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by such transmission medium. Section 6 TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's location, Customer will provide Motorola, at no charge, a non -hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for such charges and expenses. Section 7 CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8 PAYMENT Unless alternative payment terms are specifically stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date. Customer agrees to reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. Page 95 of 716 Section 9 WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re- perform the non -conforming Service or to refund, on a pro -rata basis, the fees paid for the non- conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10 DEFAULT/TERMINATION 10.1. If either party defaults in the performance of this Agreement, the other party will give to the non- performing party a written and detailed notice of the default. The non-performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. Section 11 LIMITATION OF LIABILITY This limitation of liability provision shall apply notwithstanding any contrary provision in this Agreement. Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for breach of this Agreement or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of such cause of action, except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement. Section 12 EXCLUSIVE TERMS AND CONDITIONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement shall not affect its applicability. In no event shall either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: (i) such purchase order, acknowledgement, or other writings specifically refer to this Agreement; (ii) clearly indicate the intention of both parties to override and modify Page S6of716 this Agreement; and (iii) such purchase order, acknowledgement, or other writings are signed by authorized representatives of both parties. Section 13 PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any such information or data to any person, or use such information or data itself for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section will survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial, financial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14 FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by such agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15 COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it shall be modified as necessary to conform to such law. Section 16 MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to such property, and return it to Motorola upon request. Such property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Section 17 GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. Page 97 of 716 17.2. This Agreement and the rights and duties of the parties will be governed and interpreted in accordance with the laws of the State in which the Services are performed. 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of performance resulting from any causes such as strikes, material shortages, or acts of God that are beyond that party's reasonable control. 17.5. Motorola may assign its rights and obligations, and may subcontract any portion of its performance, under this Agreement. 17.6. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. In the event of a price adjustment, the City shall have the right to cancel the Agreement by providing written notice to Motorola. 17.7. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for such services on a time and materials basis at Motorola's then effective hourly rates. Page Aof716 MOTOROLA SOLUTIONS Statement of Work Network Monitoring, OnSite Infrastructure Response and Dispatch Service Motorola will provide Network Monitoring, Dispatch Service and Onsite Infrastructure Response services to the Customer. These services are applicable only for the following system types: ASTROV, ASTROV 25, ARC 4000, SmartZone®/OmniLink® v2.0.3 and higher, SmartNet®, Private Data (with a wireless network gateway) v2.0.3 and higher, and Harmony® Wireless Communications System. The terms of this Statement of Work (SOW) are an integral part of the Motorola Service Terms and Conditions or other applicable Agreement(s) with the Customer to which this SOW is appended and made a part thereof by this reference. 1.0 Description of Services Network Monitoring is a service designed to electronically monitor Elements of a Communication System for Events, as set forth in the Monitored Elements Table. When the Motorola System Support Center (SSC) detects an Event, trained technologists acknowledge and remotely diagnose the Event and initiate an appropriate response per the customer profile. Appropriate responses could include, but are not limited to, continuing to monitor the Event for further development transferring the Event to Technical Support, or opening a Case for dispatch of a Servicer. If dispatched, the Servicer will respond at the Customer location based on pre -defined Severity Levels set forth in the Severity Definitions Table and Response times set forth in the On -Site Response Time Table in order to Restore the System. Motorola will provide Case management as set forth herein. The SSC maintains contact with the on-site Servicer until System Restoral occurs and Case is closed. The SSC will continuously track and manage Case activity from open to close through an automated Case tracking process. 2.0 Motorola Responsibilities: 2.1 Provide dedicated Connectivity through a private network connection necessary for monitoring ASTRO and ASTR025, SmartZone/ OmniLink, Private Data, and Harmony Wireless Communications network types.The Connectivity Matrix set forth in Appendix 1, further describes the Connectivity options. 2.2 If determined necessary by Motorola, provide Motorola owned equipment for monitoring ASTRO and ASTRO 25 System elements. If Motorola installs or replaces Motorola owned equipment, the type equipment and location installed is listed in the Motorola Owned & Supplied Equipment Table. 2.3 If determined necessary by Motorola, provide Motorola owned equipment for monitoring SmartNet System elements. If Motorola installs or replaces Motorola owned equipment, the type of equipment and location installed is listed in the Motorola Owned & Supplied Equipment Table. 2.4 Verify Connectivity and Event monitoring prior to System Acceptance or Start Date. 2.5 Continuously receive data from Customer monitored System and Customer initiated service requests. 2.6 Remotely access the Customer's System to perform remote diagnostics as permitted by Customer pursuant to section 3.1 2.7 Create a Case as necessary when service requests are received. Gather information to perform the following: 2.7.1 Characterize the issue 2.7.2 Determine a plan of action 2.7.3 Assign and track the Case to resolution. 2.8 Dispatch a Servicer, as required, by Motorola standard procedures and provide necessary Case information collected in section 2.7 2.9 Ensure the required personnel have access to Customer information as needed. 2.10 Disable and enable System devices, as necessary, for Servicers. 2.11 Servicer will perform the following on-site: 2.11.1 Run diagnostics on the Infrastructure or FRU. 2.11.2 Replace defective Infrastructure or FRU, as applicable. Customer, Servicer or Motorola may provide Infrastructure or FRU. 2.11.3 Provide materials, tools, documentation, physical planning manuals, diagnostic/test equipment and any other requirements necessary to perform the Maintenance service. 2.11.4 If a third party Vendor is needed to restore the System, the Servicer may accompany that Vendor onto the Customer's premises. Page 99 of 716 2.12 Verify with Customer that Restoration is complete or System is functional, if required by Customer's repair Verification preference described in the Customer Support Plan required by section 3.5. If Verification by Customer cannot be completed within 20 minutes of Restoration, the Case will be closed and the Servicer will be released. 2.13 Escalate the Case to the appropriate party upon expiration of a Response time. 2.14 Close the Case upon receiving notification from Customer or Servicer, indicating the Case is resolved. 2.15 Notify Customer of Case Status, as described in the Customer Support Plan required be section 3.5 at the following Case levels 2.15.1 Open and closed; or 2.15.2 Open, assigned to the Servicer, arrival of the Servicer on site, deferred or delayed, closed. 2.16 Provide the following reports, as applicable: 2.16.1 Case activity reports to Customer. 2.16.2 Network Monitoring Service reports for Customer System(s). 2.16.3 Network Activity/Availability Reports for ASTRO25, SmartZone/ OmniLink, and Private Data Systems only. 2.17 Respond in accordance to pre -defined Response times upon receipt from Customer of Customer managed passwords required for proper access to the Customer's System. 2.18 Apply additional support charges above and beyond the contracted service agreements that may apply if it is determined that System faults were caused by the Customer making changes to critical System parameters. 3.0 Customer Responsibilities: 3.1 Allow Motorola Continuous remote access to obtain System availability and performance data. 3.2 Allow Motorola to access System if firewall has been installed; provide permanent/dedicated access for SNMP traps (outbound) and ZDS polling (inbound). Also provide continuous utility service to any Motorola equipment installed or utilized at Customer's premises to support delivery of the Service. 3.3 Order and maintain dedicated dial-up phone lines for telephone service for SMARTNET System types. The Connectivity Matrix set forth in Appendix 1, further describes the Connectivity options. 3.4 Unless otherwise specified, Motorola recommends a private network connection for all other Systems. The Connectivity Matrix set forth in Appendix 1, further describes the Connectivity options. 3.5 Provide Motorola with pre -defined Customer information and preferences prior to Start Date necessary to complete Customer Support Plan. 3.5.1 Case notification preferences and procedure 3.5.2 Repair Verification Preference and procedure 3.5.3 Database and escalation procedure forms. 3.5.4 Submit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. 3.6 Provide the following information when initiating a service request: 3.6.1 Assigned System ID number 3.6.2 Problem description and site location 3.6.2 Other pertinent information requested by Motorola to open a Case. 3.7 Notify the System Support Center when Customer performs any activity that impacts the System. (Activity that impacts the System may include, but is not limited to, installing software or hardware upgrades, performing upgrades to the network, or taking down part of the system to perform maintenance.) 3.8 Allow Servicers access to Equipment (including any Connectivity or monitoring equipment) if remote service is not possible. 3.9 Allow Servicers access to remove Motorola owned monitoring equipment upon cancellation of service. 3.10 Supply Infrastructure or FRU, as applicable, in order for Motorola to Restore the System as set forth in paragraph 2.12.2 3.11 Maintain and store in an easy accessible location any and all Software needed to Restore the System. 3.12 Maintain and store in an easily accessible location proper System backups. 3.13 Verify with the SSC that Restoration is complete or System is functional, if required by the Repair Verification Preference provided by Customer in accordance with section 3.5. 3.14 Pay additional support charges above and beyond the contracted service agreements that may apply if it is determined that System faults were caused by the Customer making changes to critical System parameters 3.15 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the services described in this SOW. X Page 0 4of 716 Severity Definitions Table Severity Level Problem; Types Severity 1 1. Response is provided Continuously T1 2. Major System failure SmartZone/OmniLink v3.5 and below 3. 33% of System down Severity 1 4. 33% of Site channels down 8 Hours 5. Site Environment alarms (smoke, access, temp, AC power) as determined by the SSC. Private Data 6. This level is meant to represent a major issue that results in an unusable system, Motorola sub -system, Product, or critical features from the Customer's perspective. No Severity 2 Work -around or immediate solution is available. Severity 2 1. Response during Standard Business Day Motorola 2. Significant System Impairment not to exceed 33% of system down T1 3. System problems presently being monitored Severity 3 4. This level is meant to represent a moderate issue that limits a Customer's normal use 48 Hours of the system, sub -system, product, or major non-critical features from a Customer's perspective Severity 3 1. Response during Standard Business Day 2. Intermittent system issues 3. Information questions 4. Upgrades/preventative maintenance 5. This level is meant to represent a minor issue that does not preclude use of the system, sub -system, product, or critical features from a Customer's perspective. It may also represent a cosmetic issue, including documentation errors, general usage questions, recommendations for product enhancements or modifications, and scheduled events such as preventative maintenance or product/system upgrades. On -Site Response Time Table (Customer's Response Time Classification is designated in the Service Agreement). Severity Level Premier Restoral Off Deferral T1 Response Time SmartZone/OmniLink v3.5 and below 256K Severity 1 Within 2 hours from receipt of Notification 8 Hours Time provided Private Data Continuously Motorola by Servicer * Severity 2 Within 4 hours from receipt of Notification 8 Hours Time provided Motorola Standard Business Day T1 by Servicer * Severity 3 Within 24 hours from receipt of Notification 48 Hours Time provided Standard Business Day by Servicer * Please note these are Standard Commitment times. The commitment times should be based on the Customers Support Plan. Provide update before the specific contractual commitments come due. * Note: Provide update to System Support Center before Deferral time comes due. Appendix 1 Connectivity Matrix System Type Connectivity Responsibility Astro 25 T1 Motorola SmartZone/OmniLink v3.5 and below 256K Motorola SmartZone/OmniLink v4 and above 512K Motorola Private Data 256K Motorola ARC 4000 T1 or VPN Motorola MESH T1 or VPN Motorola Harmony T1 Motorola 11 41 of 716 MotoBridge T1 or VPN Motorola SmartNet Dial-up Customer Private Network Connection Public Internet Connection IP VPN IP UPN (All Customers) (Option Available only to Customers outside of the VS) Standard solution for real time Connectivity Non Standard solution for Connectivity Dedicated bandwidth configuration provided to No dedicated bandwidth provided to monitor monitor Customers Customers Protected from unauthorized intrusion Low risk of unauthorized intrusion Encryption available Encryption is required Connectivity available through Motorola Customer provides Connectivity to the internet via an internet service provider selected by Customer. Motorola Owned & Supplied Equipment Table Equipment Type Location Installed Firewall/Router Master Site System Support Server Master Site for each Zone Monitored Elements Table (Listed by technology) .5olm,771hol, 2010 Page 14 of 716 Statement of Work Infrastructure Repair with Advanced Replacement 1.0 Description of Services Infrastructure Repair with Advanced Replacement is a repair service for Motorola and select third party Infrastructure as set forth in the applicable attached Exhibit(s), all of which are hereby incorporated into this Statement of Work (SOW) by this reference. Infrastructure may be repaired down to the Component level, as applicable, at the Motorola Infrastructure Depot Operations (IDO). At Motorola's discretion, select third party Infrastructure may be sent to the original equipment manufacturer or third party vendor for repair. If Infrastructure is no longer supported by the original equipment manufacturer or third party vendor, Motorola may replace Infrastructure with similar Infrastructure, when possible. When available, Motorola will provide Customer with an Advanced Replacement unit(s) or FRU(s) in exchange for Customer's malfunctioning FRU(s). Non-standard configurations, Customer -modified Infrastructure and certain third party Infrastructure are excluded from Advanced Replacement service. Malfunctioning FRU (s) will be evaluated and repaired by IDO and returned to IDO FRU inventory upon completion of repair. The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or other applicable agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1. Use commercially reasonable efforts to maintain an inventory of FRU. 2.2. Provide new or reconditioned units as FRU to Customer or Servicer, upon request and subject to availability. The FRU will be of similar kit and version, and will contain like boards and chips, as the Customer's malfunctioning Infrastructure. 2.3. Program FRU to original operating parameters based on templates provided by Customer as required in Section 3.5. If Customer template is not provided or is not reasonably usable, a standard default template will be used. 2.4. Properly package and ship Advanced Replacement FRU from IDO or select third party FRU inventory to Customer specified address. 2.4.1. During normal operating hours of Monday through Friday 7:OOam to 7:OOpm CST, excluding holidays, FRU will be sent next day air via Federal Express Priority Overnight or UPS Red, unless otherwise requested. Select third party FRU may ship second day air via Federal Express Priority Overnight or UPS red as noted in the attached exhibit(s). Motorola will pay for such shipping, unless Customer requests shipments outside of the above mentioned standard business hours and/or carrier programs, such as NFO (next flight out). In such cases, Customer will be subject to shipping and handling charges. 2.4.2. When sending the Advanced Replacement FRU to Customer, provide a return air bill in order for Customer to return the Customer's malfunctioning FRU. The Customer's malfunctioning FRU will become property of IDO or select third party and the Customer will own the Advanced Replacement FRU. 2.4.3. When sending a Loaner FRU to Customer, IDO will not provide a return air bill for the malfunctioning Infrastructure. The Customer is responsible to arrange and pay for shipping the malfunctioning Infrastructure to IDO. IDO will repair and return the Customer's Infrastructure and will provide a return air bill for the customer to return IDO's Loaner FRU. 2.5. Provide repair return authorization number upon Customer request for Infrastructure that is not classified as an Advanced Replacement or Loaner FRU. 2.6. Receive malfunctioning Infrastructure from Customer and document its arrival, repair and return. 2.7. Perform the following service on Motorola Infrastructure: 2.7.1. Perform an operational check on the Infrastructure to determine the nature of the problem. 2.7.2. Replace malfunctioning FRU or Components. 2.7.3. Verify that Motorola Infrastructure is returned to Motorola manufactured specifications, as applicable 2.7.4. Perform a Box Unit Test on all serviced Infrastructure. 2.7.5. Perform a System Test on select Infrastructure. Page 1h of 716 2.8. Provide the following service on select third party Infrastructure: 2.8.1. Perform pre -diagnostic and repair services to confirm Infrastructure malfunction and eliminate sending Infrastructure with no trouble found (NTF) to third party vendor for repair, when applicable. 2.8.2. Ship malfunctioning Infrastructure to the original equipment manufacturer or third party vendor for repair service, when applicable. 2.8.3. Track Infrastructure sent to the original equipment manufacturer or third party vendor for service. 2.8.4. Perform a post-test after repair by Motorola, original equipment manufacturer, or third party vendor to confirm malfunctioning Infrastructure has been repaired and functions properly in a Motorola System configuration, when applicable. 2.9. Re -program repaired Infrastructure to original operating parameters based on templates provided by Customer as required by Section 3.5. If Customer template is not provided or is not reasonably usable, a standard default template will be used. If IDO determines that the malfunctioning Infrastructure is due to a Software defect, IDO reserves the right to reload Infrastructure with a similar Software version. Enhancement Release(s), if needed, are subject to additional charges to be paid by Customer unless the Customer has a Motorola Software Subscription agreement. 2.10. Properly package repaired Infrastructure unless Customer's malfunctioning FRU was exchanged with an IDO FRU. Motorola will return Customer's FRU(s) to IDO's FRU inventory, upon completion of repair. 2.11. Ship repaired Infrastructure to the Customer specified address during normal operating hours set forth in 2.4.1. FRU will be sent two-day air unless otherwise requested. Motorola will pay for such shipping, unless Customer requests shipments outside of the above mentioned standard business hours and/or carrier programs, such as NFO (next flight out). In such cases, Customer will be subject to shipping and handling charges. 3.0 Customer has the following responsibilities: 3.1. Contact or instruct Servicer to contact the Motorola System Support Center (SSC) and request an Advanced Replacement, or Loaner FRU and a return authorization number (necessary for all non - Advanced Replacement repairs) prior to shipping malfunctioning Infrastructure or third party Infrastructure named in the applicable attached Exhibit. 3.1.1. Provide model description, model number, serial number, type of System and Firmware version, symptom of problem and address of site location for FRU or Infrastructure. 3.1.2. Indicate if Infrastructure or third party Infrastructure being sent in for service was subjected to physical damage or lightning damage. 3.1.3. Follow Motorola instructions regarding inclusion or removal of Firmware and Software applications from Infrastructure being sent in for service. 3.1.4. Provide Customer purchase order number to secure payment for any costs described herein. 3.2 Pay for shipping of Advanced Replacement or Loaner FRU from IDO if Customer requested shipping outside of standard business hours or carrier programs set forth in section 2.4.1. 3.3 Within five (5) days of receipt of the Advanced Replacement FRU from IDO's FRU inventory, properly package Customer's malfunctioning Infrastructure and ship the malfunctioning Infrastructure to IDO for evaluation and repair as set forth in 2.7. Customer must send the return air bill, referenced in 2.4.2 above back to IDO in order to ensure proper tracking of the returned Infrastructure. Customer will be subject to a replacement fee for malfunctioning Infrastructure not properly returned. For Infrastructure and/or third party Infrastructure repairs that are not exchanged in advance, properly package Infrastructure and ship the malfunctioning FRU, at Customer's expense and risk of loss to Motorola. Customer is responsible for properly packaging the Customer malfunctioning Infrastructure FRU to ensure that the shipped Infrastructure arrives un -damaged and in repairable condition. Clearly print the return authorization number on the outside of the packaging. 3.4 If received, Customer must properly package and ship Loaner FRU back to IDO within five (5) days of receipt of Customer's repaired FRU. 3.5 Maintain templates of Software/applications and Firmware for reloading of Infrastructure as set forth in paragraph 2.3 and 2.9. 3.6 For Digital In -Car Video Infrastructure, remove video from equipment prior to sending Infrastructure in for repair. Video retrieval is a separate service and is not included as part of this SOW. Additional services and fee applies. 3.7 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Infrastructure Repair with Advanced Replacement services to Customer. 4 Page X44 of 716 0 M070HO&A 4.0 In addition to any exclusions named in Section 5 of the Service Terms and Conditions or in any other underlying Agreement to which this SOW is attached, the following items are excluded from Infrastructure Repair with Advanced Replacement: I. All Infrastructure over seven (7) years from product cancellation date. 2. All Broadband/WiNS Infrastructure three (3) years from product cancellation date. 3. Physically damaged Infrastructure. 4. Third party Equipment not shipped by Motorola. 5. Consumable items including, but not limited to, batteries, connectors, cables, tone/ink cartridges. 6. Video retrieval from Digital In-Car Video equipment. 7. Test equipment. 8. Racks, furniture and cabinets. 9. Firmware and/or Software upgrades. Page 1�5 of 716 Console Only Infrastructure Exhibit Inclusions, Exclusions, Exceptions and Notes Card Cages Included Central Electronics Bank(s) (CEB) Includes Logging Recorder Interface and Network Hub, Base Interface Module (BIM), Console Operator Interface Module (COIM), Operator Interface Module (OMI). Excludes all other technologies see SOW specifically for NICE logging recorders Central Electronic Shelf (CES) Included Computer(s) Includes computers that directly interface with CEB. Includes keyboards, mice and trackballs. Excludes laptop computers and all 286, 386, 486 computers. Defective or phosphor -burned cathode ray tubes CRT(s) and burned -in flat panel display image retention. Console(s) Includes consoles (CommandSTAR, CommandSTAR lite, Centracom Gold Elite MCC7500, MCC7500 w/ VPM, MCC5500, MIP5000, MC1000, MC2000, MC2500, MC3000) as part of complete communication System— Including headset jacks, dual footswitches, and gooseneck microphones and Console Interface Electronics. Excludes cables Console Audio Box CAB Included Dictaphones, Logging Recorders and Recording Excludes all technologies Equipment see SOW specifically for NICE logging recorders Junction Box Included Microwave Equipment. Excluded from service agreement but may be repaired on an above contract, time and material basis. All Equipment must be shipped to IDO. Excludes any on-site services. Monitor(s) Includes all Motorola certified monitors connected to computers that directly interface with or control the communications System. Excludes defective or phosphor -burned cathode ray tubes CRT(s) and burned -in flat panel displays image retention as well as monitors not shipped by Motorola and/or cannot be confirmed by a Motorola factory order number. Site Frequency Standard(s) Includes Netclocks systems Excludes MFS -Rubidium Standard Network Time and Frequency devices UPS Systems. Excluded from service agreements but may be repaired on an above contract, time and material basis. All UPS Systems must be shipped to IDO for repair. Excludes batteries and any on-site services. Page X46 of 716 MOTOROLA SOLUTIONS Statement of Work Technical Support Service 1.0 Description of Services The Technical Support service provides centralized remote telephone support for technical issues that require a high level of communications systems expertise or troubleshooting on Equipment. The Motorola System Support Center's (SSC) Technical Support Operation is staffed with technologists who specialize in the diagnosis and resolution of system performance issues. Technical Support Service (i) does not include software upgrades that may be required for issue resolution; and (ii) does not include Customer training (iii) is only available for those system types supported and approved by Technical Support Operations, (iv) limited to Infrastructure currently supported by Motorola. Technical Support is applicable to the following system types: ASTRO®, ASTRO® 25, ARC 4000, SmartZone® v2.0.3 and higher, SmartZone®/OmniLink®, E911, Private Data v2.0.3 and higher, SmartNet®, Conventional Two -Way, and Wireless Broadband. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1. Respond to requests for Technical Support for the Restoration of failed Systems and diagnosis of operation problems in accordance with the response times set forth in the Remote Technical Support Response Times Table and the Severity Level defined in the Severity Definitions Table. 2.1.1 If Infrastructure is no longer supported by Motorola, Technical Support will diagnosis the System but may not be able to resolve the issue without the Customer replacing the Infrastructure. 2.2. Advise caller of procedure for determining any additional requirements for issue characterization, Restoration, including providing a known fix for issue resolution when available. 2.3. Attempt remote access to System for remote diagnostics, when possible. 2.4. Maintain communication with the Servicer or Customer in the field until close of the Case, as needed. 2.5. Coordinate technical resolutions with agreed upon third party vendor(s), as needed. 2.6. Escalate and manage support issues, including Systemic issues, to Motorola engineering and product groups, as applicable. 2.7. Escalate the Case to the appropriate party upon expiration of a Response time. 2.8. Provide Configuration Change Support and Work Flow changes to Systems that have dial in or remote access capability. 2.9. Determine, in its sole discretion, when a Case requires more than the Technical Support services described in this SOW and notify Customer of an alternative course of action. 3.0 Customer has the following Responsibilities: 3.1. Provide Motorola with pre -defined information prior to Start Date necessary to complete Customer Support Plan. 3.1.1. Submit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. 3.2. Contact the SSC in order to access the Technical Support Operation, provide name of caller, name of Customer, System ID number, Service Agreement number, site(s) in questions, and brief description of the problem. 3.3. Supply on-site presence when requested by System Support Center. 3.4. Validate issue resolution prior to close of the Case. 3.5. Allow Motorola remote access to the System by equipping the System with the necessary Connectivity. 3.6. Remove video from Digital In -Car Video equipment prior to contacting Motorola. If Technical Support assists the Customer in removing video, the Customer acknowledges, understands and agrees that Motorola does not guarantee or warrant that it will be able to extract any captured video or that any captured video will not be damaged, lost or corrupted. Page 1Z7 of 716 3.7 Acknowledge that Cases will be handled in accordance with the times and priorities as defined in Remote Technical Support Response Times Table and the Severity Level defined in the Severity Definitions Table. 3.8 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Technical Support service to Customer. Severity Definitions Table Severity Level Problem; Types Severity 1 1. Response is provided Continuously Severity 2 2. Major System failure Severity 3 3. 33% of System down 4. 33% of Site channels down 5. Site Environment alarms (smoke, access, temp, AC power) as determined by the SSC. 6. This level is meant to represent a major issue that results in an unusable system, sub -system, Product, or critical features from the Customer's perspective. No Work -around or immediate solution is available. Severity 2 1. Response during Standard Business Day 2. Significant System Impairment not to exceed 33% of system down 3. System problems presently being monitored 4. This level is meant to represent a moderate issue that limits a Customer's normal use of the system, sub -system, product, or major non-critical features from a Customer's perspective Severity 3 1. Response during Standard Business Day 2. Intermittent system issues 3. Information questions 4. Upgrades/preventative maintenance 5. This level is meant to represent a minor issue that does not preclude use of the system, sub -system, product, or critical features from a Customer's perspective. It may also represent a cosmetic issue, including documentation errors, general usage questions, recommendations for product enhancements or modifications, and scheduled events such as preventative maintenance or product/system upgrades. Remote Technical Support Response Times Table SEVERITY RESPONSE Severity 1 Within 1 Hour from receipt of Notification, Continuously Severity 2 Within 4 Hours from receipt of Notification, Standard Business Day Severity 3 Within next Business Day, Standard Business Day %pprm,odhr,L'or;aI11-20-0.9 1 Page 48 of 716 MOTOROLA SOLUTIONS Statement of Work Local Radio Combo Package 1.0 Description Local Radio Combo Package provides operational check and board level repair services for mobile, portable, two-way and mobile data. An operational check is an analysis of the Equipment to identify external or internal defects. Local Radio Combo Package also includes service on standard palm microphones and single mobile controls heads, provided that they are required for normal operation of the two-way mobile and are included at the point of manufacture. Service is only included on Equipment specifically named in the applicable Agreement to which this Statement of Work is attached. Local Radio Combo Package excludes repairs to: optional accessories; MEN accessories; MEN mobile microphones; non-standard mobile microphones, mobile external speakers; optional or additional control heads, single and multiple unit portable chargers; batteries, mobile antennas; mobile power & antenna cables and power supplies. The following services are excluded from Local Radio Combo service unless they are purchased for an additional fee. The services are Pick-up & delivery, Subscriber Preventative Maintenance, Portable Remote Speaker Microphones, Portable Antenna Replacements and Mobile Remote Control Heads. The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or other applicable agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1 Service to be performed at the Servicer facility during Standard Business Days. 2.2 Perform an operational check on the Equipment to determine the nature of the problem. 2.3 Remove/reinstall mobile or data Equipment from/to Customer's vehicle as needed for additional servicing. 2.4 Test and Restore the Equipment to Motorola factory specifications. 2.5 Remove any dust, and/or foreign substances from the Equipment. 2.6 Reprogram Equipment necessary to return Equipment to original operating parameters based on the template in the Equipment, if the template information can be retrieved from the Equipment, or from a backup diskette provided by Customer containing the template information. If the Customer template is not provided or not reasonably usable, a generic template utilizing the latest Radio Service Software (RSS) version for that Equipment will be used. The Equipment will require additional programming by the Customer to Restore the original template. 2.7 Notify Customer upon completion of repair for pickup of Equipment. 3.0 Customer has the following Responsibilities: 3.1 Deliver and pick up Equipment to/from the Servicer facility. 3.2 Inform Servicer of description of problem for Equipment brought in for service. 3.3 If the Equipment will not power up, or if desired, supply Servicer with a backup diskette with the Software template or programming in order to assist in returning the Equipment to original operating parameters. If applicable, record the current flashcode for each radio. 3.4 If Motorola must use a generic template to restore Equipment to operating condition, Customer is responsible for any programming required to Restore Equipment to desired parameters. 3.5 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide 3.6 the Local Radio Combo Package service to Customer. Local Radio Combo Package Approved by Motorola Contracts & Compliance 04-30-2004 Page 1h of 716 © MOTOROLA Statement of Work Security Update Service (SUS) 1.0 Definitions Terms that are capitalized but not defined in this Statement of Work shall have the definition given to such terms in the Service Terms and Conditions, the Communications System Agreement or other applicable agreement. The following terms have the following meanings: 1.1 Non -Motorola Software: Software whose copyright is owned by a party other than Motorola or its affiliated company, including but not limited to the anti-virus definitions, operating system software patches and signature files that will be pre -tested pursuant to this Statement of Work. 1.2 System: The currently shipping Motorola ASTRO* 25 System Release and up to 5 releases prior. 1.3 Supported Release: Security Update Service is available on the currently shipping Motorola ASTRO® 25 System Release and up to 5 releases prior. If a customer is on a System Release outside of the N-5 release schedule, then they cannot purchase this service. 2.0 Description of Services With Security Update Service ("Service"), Motorola pretests the updated commercial anti-virus definitions for the Microsoft Windows based boxes on a System. This Service includes Motorola obtaining Microsoft Security Updates for Windows operating system, Solaris recommended patch bundles, Red Hat Linux security patches, anti-virus definitions* and intrusion detection sensor updates for Motorola supplied equipment from applicable original equipment manufacturer (OEM). Motorola will evaluate and pre-test each update on Motorola's ASTRO 25 test System components for operational impact. Motorola's verification and evaluation process for anti-virus definitions will consist of applying each update to an appropriate ASTRO 25 system release that corresponds and is consistent with supported** and fielded systems. Each assessment will consist of no less than 36 hours of examination time to evaluate the impact each anti-virus update has to the system. Upon satisfactory completion of the assessment pertaining to anti-virus signatures, these updates will be provided on a weekly basis either automatically or through connecting to Motorola's secured extranet connection. When anti-virus definitions classified as Category 4 (Severe, difficult to contain) and Category 5 (Very Severe, very difficult to contain) by the commercial Approved by Motorola Contracts & Compliance: 8/1/2012 Page U0 of 716 © MOTOROLA supplier are released, Motorola will determine if a high-priority release is necessary. Operating system updates/patches will be made available to our customers electronically upon successful testing in our lab environments on a monthly basis for Microsoft patches and on a quarterly basis for all others. NOTICE: If a customer wants antivirus and IDS updates automatically deployed onto their network, then they must purchase the Security Monitoring service. Otherwise, customers may download the updates from the secure extranet site and manually deploy them onto their network. Motorola will perform testing only on standard configurations certified by Motorola System Integration Testing (SIT) and Motorola supplied equipment/software prior to making an update available to Customers. * - Not all systems are provided antivirus for Microsoft and UNIX platforms. To receive full antivirus support under this service offering, the customer must have a standard ASTRO 25 system that is supported and also has implemented antivirus for UNIX. ** - Supported is defined as the current system release and the last five prior. Support beyond this model requires approval from the Customer Service Manager and the Security Services Product Manager. For extended coverage, please communicate a formal request to your account manager. The customer will be responsible for deploying Microsoft, Oracle, Sun Microsystems, UNIX, and Linux security updates from a Motorola provided secured extranet Web site. Antivirus and IDS updates will be capable of being pushed automatically to the customer ASTR025 network only if the Security Monitoring service is purchased by the customer. If there is a recommended configuration change that is successfully tested on the ASTRO 25 test System, Motorola will provide detailed instructions for performing the configuration change. Inclusions: Security Update Service is available on the currently shipping Motorola ASTRO 25 System Release and up to 5 releases prior. If a customer is on a System Release outside of the N-5 release schedule, then they cannot purchase this service. Exclusions: Systems that have non-standard configurations that have not been certified by Motorola SIT are specifically excluded from this Service unless otherwise agreed in writing by Motorola. Service does not include pre -tested intrusion detection system (IDS) updates for IDS solutions not purchased through Motorola. NICE Recorder, certain consoles, MARVLIS, Symbol Equipment, AirDefense Equipment, AVL, and Radio Site Security products are also excluded. The scope of service coverage is defined by Motorola Services and is subject to change based on OEM support lifecycles. The terms and conditions of this Statement of Work are an integral part of Motorola's Service Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. Approved by Motorola Contracts & Compliance: 8/1/2012 Page2ll of 716 © MOTOROLA 3.0 Motorola has the following responsibilities: 3.1 Obtain anti-virus definitions for the Microsoft Windows platform, intrusion detection sensor signatures for Motorola supplied IDS, Microsoft Security Updates for Windows Operating system, Solaris operating system recommended patch bundles, and Red Hat Linux security patches from Motorola selected commercial suppliers. 3.2 Evaluate anti-virus definitions classified as Category 4 and 5 by Motorola selected commercial supplier to determine if a high-priority release is required. Motorola in its discretion will determine the urgency of the update based on the impact to the System. 3.3 Identify and document latest System vulnerabilities and compliance issues discovered during quarterly vulnerability scan performed in Section 3.4. 3.4 Investigate new vulnerabilities and compliance issues that are identified. Recommended response may include, but is not limited to, ASTRO 25 Systems, deploy security software updates; deploy operating system security updates or patches; implement configuration changes; upgrade to current ASTRO 25 System Release (actual upgrade expense not included in this service offering); or recommending a compensating control. 3.5 Pre-test recommended remediation when applicable and make documentation and/or software updates available to Customer electronically. 3.6 Provide documented response with recommended remediation when applicable for all new vulnerabilities quarterly or at Motorola's discretion to Customer electronically. 3.7 Test anti-virus definitions, intrusion detection sensor signatures, and operating system security updates/patches by deploying them on a dedicated ASTRO 25 test System with the standard supported configurations, which include Motorola's then current approved cohabitated applications. 3.8 Confirm that tested anti-virus definitions, intrusion detection sensor signatures, and operating system security updates/patches do not degrade or compromise System functionality on dedicated test System within the standard supported configurations. 3.9 Address issues identified during testing to support functionality under the procedures specified in 3.8 above by working with Motorola selected commercial supplier or Motorola product development engineering team. 3.10 Release pre -tested anti-virus definitions and intrusion detection sensor signatures for Motorola supplied IDS electronically on a weekly basis upon successful completion of the weekly test cycle to be completed one week after release by commercial supplier unless an issue is detected or within 36 hours from Motorola selected commercial supplier's Category 4 & 5 certified virus definitions being available or at Motorola's discretion if determined by Motorola to be a high-priority release. Release may include Approved by Motorola Contracts & Compliance: 8/1/2012 Page292 of 716 © MOTOROLA the anti-virus definition file, intrusion detection sensor signatures, updated configuration files, instructions and other information deemed pertinent by Motorola. 3.11 Release Microsoft, Solaris and Red Hat Linux operating system security patches/updates when they are certified and available with instructions for obtaining patch/update for Customer deployment on the Customer system. Microsoft operating system security updates will be released monthly as available from Motorola selected commercial supplier upon successful completion of monthly test cycle. Solaris and Red Hat Linux operating system security patches will be released quarterly upon successful completion of quarterly test cycle or at Motorola's discretion. 3.12 Notify Customer when the latest release is available with instructions on where to obtain latest release. 3.13 Provide technical assistance if there is an issue with the installation of an update. 3.14 Maintain annual Customer subscriptions for anti-virus definitions and intrusion detection sensor signatures, with Motorola selected commercial supplier. 4.0 Customer has the following responsibilities: 4.1 Provide means for accessing pre -tested files electronically. 4.2 Deploy pre -tested files on Customer System as instructed in the "Read Me" text provided. 4.3 Implement recommended remediation(s) on Customer System as determined necessary by Customer. 4.4 Upgrade System to a Supported System Release as necessary to continue Service. 4.5 Identify one point of contact for issues specific to Security Update Service. 4.6 Cooperate with Motorola and perform all acts that are reasonable and/or necessary to enable Motorola to electronically provide Security Update Service — Platinum to Customer. 4.7 Comply with the terms of the applicable license agreement between Customer and the Non -Motorola Software copyright owner. 4.8 Adhere closely to the System Support Center (SSC) troubleshooting guidelines provided upon system acquisition. A failure to follow SSC guidelines may cause Customer and Motorola unnecessary or overly burdensome remediation efforts that may result in a service fee to Customer. Approved by Motorola Contracts & Compliance: 8/1/2012 Page�'3 of 716 © MOTOROLA 5.0 WARRANTIES AND DISCLAIMER: Motorola warrants that its services will be free of defects in materials and workmanship for a period of ninety (90) days following completion of the service. Your sole remedies are to require Motorola to re -perform the affected service or at Motorola's option to refund, on a pro -rata basis, the service fees paid for the affected service. During the applicable Warranty Period, Motorola warrants that the tested anti-virus definitions, intrusion detection sensor signatures, and operating system security updates/patches do not degrade or compromise System functionality, and that after incorporation of the recommended remediation action the System Software, when used properly and in accordance with the Documentation, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Software. Product and Software documentation that specifies technical and performance features and capabilities, and the user, operation and training manuals for the Software (including all physical or electronic media upon which this information is provided) are collectively referred to as "Documentation." Whether a defect occurs will be determined solely with reference to the Documentation. Motorola does not warrant that Customer's use of the Software or Products will be uninterrupted or error -free or that the Software or the Products will meet Customer's particular requirements. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO PRE- TESTED ANTI-VIRUS DEFINITIONS, DATABASE SECURITY UPDATES, OPERATING SYSTEM SOFTWARE PATCHES, AND INTRUSION DETECTION SENSOR SIGNATURE FILES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON -INFRINGEMENT. FURTHER, MOTOROLA DISCLAIMS ANY WARRANTY CONCERNING THE NON -MOTOROLA SOFTWARE AND DOES NOT GUARANTEE THAT CUSTOMER'S SYSTEM WILL BE ERROR -FREE OR IMMUNE TO VIRUSES OR WORMS AS A RESULT OF THESE SERVICES. Approved by Motorola Contracts & Compliance: 8/1/2012 Page2'4 of 716 © MOTOROLA STATEMENT OF WORK Security Monitoring Overview: Security Monitoring is a service offering that provides Security Monitoring to identify malicious activity that will or might cause system interference or corruption. Definitions Terms that are capitalized but not defined in this Statement of Work shall have the definition given to such terms in the Service Terms and Conditions, the Communications System Agreement or other applicable agreement. The following terms have the following meanings: Non -Motorola Software: Software whose copyright is owned by a party other than Motorola or its affiliated company, including but not limited to the anti-virus definitions, operating system software patches and signature files that will be pre -tested pursuant to this Statement of Work and the procurement of the Pre -Tested Software Subscription Service. 1.0 Description of Services ASTRO 25 Security Monitoring includes monitoring and managing the Motorola security equipment present on the Customer's System. Monitoring security equipment requires Customer to purchase a Core Security Management Server with Customer's System. Motorola will monitor Elements of a System for Events, as set forth in the Monitored Elements Table below. When the Motorola System Support Center (SSC) detects an Event, trained technologists that are experienced with identifying and interpreting security incidents will acknowledge the Event, run remote diagnostic routines, and initiate an appropriate Response. Appropriate responses could include, but are not limited to, continuing to monitor the Event for further development, attempting remote Restoral, or transferring the Event by opening a Case for dispatch of a Servicer. If dispatched, the Servicer will respond at the Customer location based on pre -defined Severity Levels set forth in the Severity Definitions Table and Response times set forth in the On -Site Response Time Table in order to Restore the System. Motorola will proactively manage the security Elements present on the System as needed to mitigate the risk of vulnerability such as a virus, worm or other intrusive attack on the System. This may include periodically deploying the latest release of pre -tested intrusion detection sensor signature files on the network barrier (ONLY for IDS supplied to Customer by Motorola and if present on the System) as determined by Motorola. Motorola will also modify intrusion sensor settings and update firewall settings as determined by Motorola and will notify Customer of such modifications. Motorola will provide Case Management as set forth herein. The SSC maintains contact with the on-site Servicer until System Restoral occurs and Case is closed. The SSC will continuously track and manage Case activity from open to close through an automated Case tracking process. Approved by Motorola Contracts & Compliance: July 22, 2009 Page�'5 of 716 © MOTOROLA This Case management allows Motorola to provide activity and performance reports as well as ensures timely resolution of issues. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms and Conditions or other applicable Agreement(s) to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1 Provide dedicated Connectivity through a private network connection necessary for monitoring ASTRO 25 System. The Connectivity Matrix set forth below further describes the Connectivity options. NOTICE: If Network Monitoring (a separate Service) is not acquired, an additional fee will be applied to the customer. 2.2 Provide dedicated connectivity necessary for monitoring. 2.3 If determined necessary by Motorola, provide Motorola owned equipment for monitoring ASTRO 25 System elements. If Motorola installs or replaces Motorola owned equipment, the type of equipment and location installed is listed in the Motorola Owned & Supplied Equipment Table. 2.4 Verify Connectivity and Event monitoring prior to System Acceptance or Start Date. 2.5 Coordinate with Customer to maintain Motorola service authentication credentials. 2.6 Continuously receive service requests. 2.7 Perform Continuous monitoring of System Elements as set forth in the Monitored Elements Table. 2.8 Interpret System Events and determine appropriate Response. An appropriate Response could include the following actions: notify customer of activity, continue monitoring the Event for further development, review System log files or transfer the Event information via a Case for dispatch of a Servicer. 2.9 Respond in accordance to pre -defined Response times upon receipt from Customer of Customer managed passwords required for proper access to the Customer's System. 2.10 Remotely access the Customer's System to perform remote diagnostics as permitted by Customer pursuant to section 3.1. 2.11 Attempt remote Restoral, as appropriate. Some System functions may be disrupted as necessary to maintain System integrity until further validation of the Event occurs. This may include shutting down applications, applying security tools, resetting box, or instructing Servicer to reload applications and operating system software as necessary. This does not include a technician being physically dispatched. 2.12 Create a Case as necessary when service requests are received. Gather information to perform the following: 2.12.1 Characterize the issue 2.12.2 Determine a plan of action 2.12.3 Assign and track the Case to resolution. Approved by Motorola Contracts & Compliance: July 22, 2009P 2-6- 6 of 716 © MOTOROLA 2.13 Ensure the required personnel have access to Customer information as needed. 2.14 Disable and enable System devices, as necessary, for Servicers. 2.15 Servicer will perform the following on-site: 2.15.1 Run diagnostics on the Infrastructure or FRU. 2.15.2 Replace defective Infrastructure or FRU, as applicable to security components provided by or approved by Motorola. Customer, Servicer or Motorola may provide Infrastructure or FRU. 2.15.3 Provide materials, tools, documentation, physical planning manuals, diagnostic/test equipment and any Security requirements necessary to perform the Maintenance service. 2.15.4 If a third party Vendor is needed to restore the System, the Servicer may accompany that Vendor onto the Customer's premises. 2.16 Verify with Customer that Restoration is complete or System is functional, if required by Customer's repair Verification preference described in the Customer Support Plan required by section 3.6. If Verification by Customer cannot be completed within 20 minutes of Restoration, the Case will be closed and the Servicer will be released. 2.17 Escalate the Case to the appropriate party upon expiration of a Response time. 2.18 Close the Case upon receiving notification from Customer or Servicer, indicating the Case is resolved. 2.19 Notify Customer of Case Status, as described in the Customer Support Plan at the following Case levels: 2.19.1 Open and closed; or 2.19.2 Open, assigned to the Servicer, arrival of the Servicer on site, deferred or delayed, closed. 2.20 Obtain intrusion detection sensor (IDS) signatures for Motorola supplied IDS, from Motorola selected commercial suppliers. 2.21 Address issues identified during testing to support functionality under the procedures specified in 2.22 above by working with Motorola selected commercial supplier or Motorola product development engineering team. 2.22 Maintain annual Customer licenses for intrusion detection sensor signatures for IDS supplied to Customer by Motorola with Motorola selected commercial supplier. 2.23 Provide the following reports, as applicable: 2.23.1 Case activity reports to Customer. 2.23.2 Network Security Monitoring Service reports for Customer System(s). 2.24 Apply additional support charges above and beyond the contracted service agreements that may apply if it is determined that System faults were caused by the Customer making changes to critical System parameters. 3.0 Customer has the following responsibilities: Approved by Motorola Contracts & Compliance: July 22, 2009 Page�'7 of 716 © MOTOROLA 3.1 Allow Motorola Continuous remote access to obtain System availability, performance and configuration data. 3.2 Allow Motorola to access System if firewall has been installed; provide permanent/dedicated access for SNMP traps (outbound) and ZDS polling (inbound). 3.3 Provide continuous utility service to any Motorola equipment installed or utilized at Customer's premises to support delivery of the Service. 3.4 Maintain and manage any equipment outside of the System. 3.5 Provide Motorola with pre -defined Customer information and preferences prior to Start Date necessary to complete Customer Support Plan. 3.5.1 Provide 7/24 security contact and escalation list 3.5.2 Case notification preferences and procedures 3.5.3 Repair Verification preference and procedure 3.5.4 Database and escalation procedure forms. 3.5.5 Submit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. 3.6 Provide the following information when initiating a service request: 3.6.1 Assigned System ID number 3.6.2 Problem description and site location 3.6.3 Other pertinent information for Motorola to open a Case. 3.7 Provide all Customer managed passwords required to access the Customer's System to Motorola upon request or when opening a Case to request service support or enable Response to a technical issue. 3.8 Notify the SSC when Customer performs any activity that impacts the System (Activity that impacts the System may include, installing software or hardware upgrades, performing upgrades to the network, or taking down part of the System to perform maintenance.) 3.9 As necessary, upgrade System to Supported System Release as specified in paragraph 2.22. 3.10 Allow Servicers access to Equipment (including any Connectivity or security monitoring equipment) if remote service is not possible. 3.11 Allow Servicers access to remove Motorola owned server upon cancellation of service as set forth in paragraph 2.2. 3.12 Supply Infrastructure or FRU, as applicable, in order for Motorola to Restore the System as set forth in paragraph 2.15.2. 3.13 Maintain and store in an easily accessible location System backups and any/all Software needed to restore the System. Approved by Motorola Contracts & Compliance: July 22, 2009P 2-8- 8 of 716 © MOTOROLA 3.14 Verify with the SSC that Restoration is complete or System is functional, if required by the Repair Verification Preference provided by Customer in accordance with section 3.6.3. 3.15 Comply with the terms of the applicable license agreements between Customer and the Non -Motorola Software copyright owners. 3.16 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the services described in this SOW. WARRANTIES AND DISCLAIMER: Motorola warrants that its services will be free of defects in materials and workmanship for a period of ninety (90) days following completion of the service. Your sole remedies are to require Motorola to re -perform the affected service or at Motorola's option to refund, on a pro -rata basis, the service fees paid for the affected service. During the applicable Warranty Period, Motorola warrants that the tested anti-virus definitions, intrusion detection sensor signatures, and operating system security updates/patches provided if PTSS is procured or provided via ESS, do not degrade or compromise System functionality, and that after incorporation of the tested Software updates, the System Software, when used properly and in accordance with the Documentation, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Software. Product and Software documentation that specifies technical and performance features and capabilities, and the user, operation and training manuals for the Software (including all physical or electronic media upon which this information is provided) are collectively referred to as "Documentation." Whether a defect occurs will be determined solely with reference to the Documentation. Motorola does not warrant that Customer's use of the Software or Products will be uninterrupted or error -free or that the Software or the Products will meet Customer's particular requirements. Motorola disclaims all other warranties with respect intrusion detection sensor signature files, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non -infringement. Further, Motorola disclaims any warranty concerning the non - Motorola software and does not guarantee that customer's system will be error -free or immune to viruses or worms as a result of these services. Approved by Motorola Contracts & Compliance: July 22, 2009 Page'9 of 716 aMOTOROLA Severity Definitions Table Severity Level Problem Types Severity I Response is provided Continuously Restoral Major System failure Severity 33% of System down Within 2 hours 33% of Site channels down 8 hours 0 This level is meant to represent a major issue that results in an unusable I system, sub -system, Product, or critical features from the Customer's from receipt of perspective. No Work -around or immediate solution is available. Severity 2 0 Response during Standard Business Day 0 Significant System Impairment not to exceed 33% of system down Notification 0 System problems presently being monitored 0 This level is meant to represent a moderate issue that limits a Customer's normal use of the system, sub -system, product, or maj or non-critical Continuously features from a Customer's perspective Severity 3 0 Response during Standard Business Day 0 Intermittent system issues 0 Information questions 0 Upgrade s/Preventative maintenance Severity 0 This level is meant to represent a minor issue that does not preclude use of Within 4 hours the system, sub -system, product, or critical features from a Customer's 8 hours perspective. It may also represent a cosmetic issue, including 2 documentation errors, general usage questions, recommendations for from receipt of product enhancements or modifications, and scheduled events such as preventative maintenance or product/system upgrades. On -Site Response Time Table (Customer's Response Time Classification is designated in the Service Agreement). Severity Level Standard Responses Time Premier Response Time Limited Response Time Restoral Off Deferral Severity Within 4 hours Within 2 hours Within 4 hours from 8 hours Time I from receipt of from receipt of receipt of provided Notification Notification Notification by Continuously Continuously Standard Business Servicer Day Severity Within 4 hours Within 4 hours Within 4 hours from 8 hours Time 2 from receipt of from receipt of receipt of provided Notification Notification Notification by Standard Business Standard Business Standard Business Servicer Approved by Motorola Contracts & Compliance: July 22, 20093n - Page U0 of 716 © MOTOROLA Severity Level Standard Response Time Premier Response Time LimitedResponse Time Restoral Off Deferral Standard solution for real-time Connectivity Day Day Day to monitor Customers Customers Severity Within 24 hours Within 24 hours Within 24 hours 48 hours Time 3 from receipt of from receipt of from receipt of provided Notification Notification Notification by Standard Business Standard Business Standard Business Servicer Day Day Day • Please note these are Standard Commitment times. The commitment times should be based on the Customers Support Plan. • Provide update before the specific contractual commitments come due. * Note: Provide update to System Support Center before Deferral time comes due. Connectivity Matrix Private Network Connection Public Internet Connection IP TI (All Customers) IP TI (Option Available only to Customers System Support Server outside of the US Standard solution for real-time Connectivity Non-standard solution for real-time Connectivity Dedicated bandwidth configuration provided No dedicated bandwidth provided to monitor to monitor Customers Customers Protected from unauthorized intrusion Low risk of unauthorized intrusion Encryption Available Encryption Available Connectivity available through Motorola Customer provides Connectivity to the internet via an internet service provider selected by Customer Motorola Owned & Supplied Equipment Table Equipment Type Location Installed Firewall/Router Master Site System Support Server Master Site for each Zone Approved by Motorola Contracts & Compliance: July 22, 2009 PagAll of 716 © MOTOROLA Monitored Elements Table (Listed by Technology) System Type Equipment ASTRO 25 (release 7.x) Packet Routing Network; Zone Controllers; Database Server; FullVision Server; Zone Statistical Server; Air Traffic Router; System Statistics Server; User Configuration Server; Packet Data Gateway Server; PBX; Interconnect Server; Motorola Gold Elite Gateway (MGEG); AEB; CEB; Conventional Channel Gateway (CCGW); Simulcast RF Site (Site Controllers, Comparators, Stations); Intelli Repeater RF Site (Stations); Intelli Site Repeater RF Site (Site Controllers, Stations); Core, Exit, Gateway, Peripheral, Border, and Site routers, HP Switches master, prime, console and repeater sites switches, GGSN; CWR MOSCAD Overlay (TenSr, Station, Channel Banks, TRAK GPS, Site Power, Microwave) DOES NOT INCLUDE MONITORING OF ANY MOSCAD ALARM POINTS THAT DO NOT DIRECTLY IMPACT THE PERFORMANCE OF THE RADIO NETWORK. DOES NOT INCLUDE MONITORING OF ANYTHING OUTSIDE OF THE RADIO NETWORK UNLESS SPECIFICALLY STATED ASTRO 25 (release 6.3 — Nortel; Packet Routing Network; Zone Controllers; Database Server; 6.9) FullVision Server; Zone Statistical Server; Air Traffic Router; System Statistics Server; User Configuration Server; Packet Data Gateway Server; PBX; Interconnect Server; Motorola Gold Elite Gateway (MGEG); AEB; CEB; ARCADACS Cross Connect Switch; Simulcast RF Site (Site Controllers, Comparators, Stations); Intelli Repeater RF Site (Stations);Intelli Site Repeater RF Site (Site Controllers, Stations); MOSCAD Overlay (TenSr, Station, Channel Banks, TRAK GPS, Site Power, Microwave) Does not include monitoring of any MOSCAD alarm points that do not directly impact the performance of the radio network. Does not include monitoring of anything outside of the radio network unless specifically stated. Security Elements Core Security Management Server; Firewall; Intrusion Detection Sensors; (Monitoring and managing Anti-virus Management application; Authentication Management Security Elements is application; Centralized Logging Server dependent on Customer purchasing Core Security Management Server as Equipment with the Customer System) Approved by Motorola Contracts & Compliance: July 22, 2009 Page E92 of 716 M CONSENTAGENDA 11/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-142 - Authorize the City Manager to sign all documents associated with the Florida Department of Transportation (FDOT) grant in the amount of $40,000 for DUI enforcement. EXPLANATION OF REQUEST: GRANT PERIOD: October 1, 2016 - September 30, 2017 The Florida Department of Transportation (FDOT) State Safety Office has selected the City of Boynton Beach to receive $40,000 in subgrant funding for the 2016-17 funding cycle under the impaired driving priority area. The funding is allocated for overtime in relation to DUI enforcement. 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 crashes, fatalities and injuries that are related to impaired driving 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 traffic safety, including impaired driving. 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 There is no fiscal impact. ALTERNATIVES: Do not accept award. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Yes Grant Amount: $40,000 Page 63 of 716 ATTACHMENTS: Type D Attachment REVIEWERS: Department Police Finance Legal City Manager Description FDOT DUI Grant Resolution authorizing City Manager to sign documents accepting $40,000 DUI enforcement grant Reviewer Action Katz, Jeff Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 10/10/2016 - 4:58 Pl\A 10/12/2016 - 9:18 AM 10/26/2016 - 2:36 Pl\A 10/27/2016 - 1:55 Pl\A Page 64 of 716 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 500-065-01 SUBGRANT FOR HIGHWAY TRAFFIC SAFETY FUNDS SAFETY 09/16 For F. D.O.T Use Only Project Number: M5HVE-17-06-13 FDOT Contract Number: Federal Funds Awarded: $40,000.00 FDOT DUNS Number: 80-939-7102 Federal Award Identification Number (FAIN): Subgrant Award (Start) Date: 10/1/2016 Subgrant End Date: 9/30/2017 Amendment Dates: , , , , , Part I: GENERAL ADMINISTRATIVE INFORMATION (See Instructions) 1. Project Title: DUI Enforcement 2. Federal Total Funding: $40,000.00 Match: $0.00 Cost: $40,000.00 3. Subrecipient Agency: 4. Implementing Agency: Name: City of Boynton Beach Name: Boynton Beach Police Department Address Line 1: 100 E. Boynton Beach Blvd. Address Line 1: 100 E. Boynton Beach Blvd. Address Line 2: Address Line 2: City: Boynton Beach City: Boynton Beach State: FL State: FL Zip: 33435-310 Zip: 33435-310 5. Federal ID Number or 29 Digit FLAIR Account Number (State Agencies):59-6000282 6. DUNS Number:072247133 7. Chief Financial Officer: 8. Project Director: Name: Tim Howard Name: Officer Jaclyn Smith Address Line 1: 100 E. Boynton Beach Blvd. Address Line 1: 100 E. Boynton Beach Blvd. Address Line 2: Address Line 2: City: Boynton Beach City: Boynton Beach State: FL State: FL Zip: 33435-310 Zip: 33435-310 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: Officer Jaclyn Smith Name: Sgt. Phillip Hawkins Title: Grant Manager Title: Traffic Sergeant Telephone Number: (561) 742 - 6195 ext. Telephone Number: (561) 742 - 6111 ext. E -Mail Address: smithja@bbfl.us E -Mail Address: hawkinsp@bbfl.us 11. Payment Remittance Address: Address Line 1: 100 E. Boynton Beach Blvd. Address Line 2: City: Boynton Beach State: FL Zip: 33435-310 Page 65 of 716 500-065-01 SAFETY 09/16 Part II: PROJECT PLAN AND SUPPORTING DATA State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected to result. Use the following major headings: 1. Statement of the Problem 2. Proposed Solution 3. Project Objectives 4. Evaluation Statement of the Problem: 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 the City of Miami, which is approximately 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 an exit/entrance to 1-95 and Florida's Turnpike. According to the Florida Department of Transportation Highway Safety Matrix for fatal and serious injury crashes during 2010-2014 our jurisdiction ranked 15 out of 96 for impaired driving, 22 out of 96 for speed and aggressive driving, and 10 out of 96 for occupant protection. In addition, the overall serious injuries & fatalities ranked 17 out of 96. Supporting Data: An evaluation of the crash data by our agency has also rendered the following annual crash and citation data for the past three years 2013, 2014, 2015: 2013 2014 2015 Fatality crashes: 3 4 11 Fatality crashes DUI related: 0 1 2 Fatalities in DUI related crashes: 0 2 2 Injury crashes: 290 375 391 Injury crashes DUI related: 2 5 3 Injuries in DUI related crashes: 10 20 17 Total crashes: 2713 2843 3111 crashes DUI related: 28 25 12 Proposed Solution: The Boynton Beach Police Department's Traffic Unit has utilized funding from the Florida Department of Transportation with great success over the past several years. With the rapid growth and expansion there comes a need to further enhance our efforts to reduce traffic crashes, fatalities and injuries that are related to impaired driving through enforcement and education. The Boynton Beach Police Department will review crash data on a weekly basis in order to determine high frequency crash fatality locations throughout our jurisdiction; schedules will then be developed for agency personnel to conduct "zero tolerance" enforcement operations at those locations. The project director will be responsible for ensuring that data is reviewed each week, in order to review for any possible changes to our target list of locations. In addition, the project director will be responsible for distributing this target list of locations to all personnel so that they can concentrate on these specified areas, which will increase law enforcement presence. 2 Page 66 of 716 500-065-01 SAFETY 09/16 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 Boynton Beach Police Department will also conduct education initiatives in local high schools, senior centers, businesses, civic organizations and public forums to raise awareness in regards to traffic safety, including impaired driving. The police department will determine through a review of our crash data which population groups are involved in a majority of traffic crashes that occur within our jurisdiction. A special emphasis will be made to raise traffic safety awareness with this population group by targeting an area to solicit traffic safety information and guidance. In order to facilitate the delivery of this traffic message, the Boynton Beach Police Department will partner with local resources such as the Community Traffic Safety Team, Law Enforcement Liaison Program, neighboring law enforcement agencies and local media outlets. The Boynton Beach Police Department will also participate in any statewide public awareness and enforcement campaigns sponsored by the Florida Department of Transportation Safety Office. Project Objectives: > Reduce impaired driving related crashes by 5% compared to last year's statistics. > Reduce impaired driving related fatalities by 5% compared to last year's statistics. > Reduce impaired driving related injuries by 5% compared to last year's statistics. > Conduct at least one Driving Under the Influence (DUI) saturation patrol a month within the City of Boynton Beach and at least one selective DUI enforcement at a location determined by traffic crash data. > Conduct at least one Impaired Driving Safety presentation at a local high school, business, civic organization or public forum quarterly. > Attend at least four multi -agency DUI saturation patrols hosted by agencies (Palm Beach County) during the grant cycle - as long as they are being hosted by the agency. Evaluation: > Number of impaired driving related crashes. > Number of impaired driving related fatalities. > Number of impaired driving related injuries. > Number of grant funded DUI saturation patrols. Determination of effectiveness can be indicated by contacts and/or arrests made. Project director will gather data for each DUI saturation patrol, and will review to determine effectiveness of enforcement stategies. > Number of grant funded selective DUI enforcements. Enforcement locations are determined via an evaluation of high frequency crash and fatality locations. Locations will be re-evaluated on a weekly basis to determine if enforcement locations need to be revised. > Number of Impaired Driving presentations conducted during grant award period. Project director will gather input from participants to determine receptiveness of impaired driving 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. > Number of multi -agency DUI saturation patrols participated in during rant award period. Page 67 of 716 500-065-01 SAFETY 09/16 Page 68 of 716 500-065-01 SAFETY 09/16 Part III: PROJECT DETAIL BUDGET Project Title: DUI Enforcement Project Number: M5HVE-17-06-13 FDOT Contract Number: Each budget category subtotal and individual line item costs listed below cannot be exceeded. The FDOT State Safety Office may approve shifts between budget categories and line items via an amendment. BUDGET CATEGORYT NARRATIVE TOTAL FEDERAL MATCH COST FUNDS A. Personnel Services Overtime Salaries Overtime salaries (no benefits) for $40,000 $40,000 $0 (no benefits) enforcement operations and $ 0 $0 $0 education initiatives. $ 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 B. Contractual Services $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 Subtotal $ 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 $0 Subtotal $ 0 $ 0 $ 0 Amendment Number: (FDOT Only) Effective Date: (FDOT Only) Page 69 of 716 500-065-01 SAFETY 09/16 Part III: PROJECT DETAIL BUDGET Project Title: DUI Enforcement Project Number: M5HVE-17-06-13 FDOT Contract Number: Each budget category subtotal and individual line item costs listed below cannot be exceeded. The FDOT State Safety Office may approve shifts between budget categories and line items via an amendment. BUDGET CATEGORY NARRATIVE 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 $40,000 $40,000 $ 0 Amendment Number: (FDOT Only) Effective Date: (FDOT Only) Page 70 of 716 500-065-01 SAFETY 09/16 PART IV: PERFORMANCE REPORT Project Title: DUI Enforcement Project Number: M5HVE-17-06-13 FDOT Contract Number: Minimum Performance Standards The following are the minimum performance standards required in this subgrant agreement. A performance report of these standards will be included with each request for reimbursement. 1. Conduct Enforcement Operations for DUI Enforcement program 2. Provide performance reports 3. Submit request(s) for financial reimbursement 4. Provide assistance and support to DUI Enforcement program 5. 6. 7. 8. 9. NHTSA Required Activity Reporting The following statistics are required reporting for any traffic safety enforcement grant. (enforcement grants only) This information must be provided in the final narrative report. 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. Page 71 of 716 500-065-01 SAFETY 09/16 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. 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: Beginning and end dates of the agreement (not to exceed the subgrant period); Total contract amount; Scope of work/Services to be provided; Quantifiable, measureable, and verifiable units of deliverables; Minimum level of service to be performed and criteria for evaluating successful completion; Budget/Cost Analysis; and Method of compensation/Payment Schedule. $ Page 72 of 716 500-065-01 SAFETY 09/16 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 of Project # (insert project number), FDOT Contract # (insert contract number). A final invoice must be received by (insert date) or payment will be forfeited. 5. Allowable Costs. The allowability of costs incurred under any subgrant shall be determined in accordance with the general principles of allowability and standards for selected cost items set forth in the Applicable Federal Law and state law, to be eligible for reimbursement. All funds not spent in accordance with the Applicable Federal Law will be subject to repayment by the Subrecipient. Only costs directly related to subgrant shall be allowable. 6. 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 out-of-state travel, conference travel, meeting travel which includes a registration fee, and out-of-subgrant-specified 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 shall not be approved unless the specific trip is in the approved subgrant budget or the head of the Implementing Agency provides sufficient justification to prove that the travel will have significant benefits to the outcome of the subgrant activities. The FDOT State Safety Office shall not pay for overnight lodging/hotel room rates that exceed $150.00 per night (before taxes and fees). A Subrecipient and/or traveler will be required to expend his or her own funds for paying the overnight lodging/hotel room rate in excess of $150.00 plus the applicable percentage of fees (other than flat fees). If multiple travelers share a room and the individual cost of the lodging/hotel exceeds the $150 per night limit, the Subrecipient and/or travelers will be required to expend his or her own funds for paying the excess amount. If another entity is covering the cost of the overnight lodging/hotel then this paragraph does not apply. 7. Subgrant Amendments. The Subrecipient or 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 which achieve or improve upon the outcome of the subgrant work, or where factors beyond the control of the Subrecipient require the change. For example: (a) Changes in project activities or performance indicators set forth in the approved subgrant. (b) Changes in budget items and amounts set forth in the approved subgrant. (c) Changes to personnel in positions that are being reimbursed by this agreement. Amendments to the subgrant agreement shall be in the form of a written request signed by the Authorized Representative of the Subrecipient or the Administrator of the Implementing Agency. Delegations of signature authority will not be accepted for amendment requests without prior written approval. 8. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse the Subrecipient shall be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature. As detailed in 49 CFR, Part 29, Governmentwide Debarment and Suspension (Non procurement) and Governmentwide Requirements for Drug -Free Workplace (Grants), herein incorporated by reference, the Subrecipient shall not be reimbursed for the cost of goods or services received from contractors, consultants, vendors, or individuals suspended, debarred, or otherwise excluded from doing business with the Federal government. The Subrecipient or its Implementing Agency shall submit the required certification by consultants with awards in excess of the small purchase threshold fixed at 10 U.S.C. 2304(g) and 41 U.S.C. 253(g) (currently $25,000). 9. Excusable Delays. Except with respect to the defaults of Subrecipient's or Implementing Agency's consultants and contractors which shall be attributed to the Subrecipient, the Subrecipient 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 of causes beyond the control and without the fault or negligence of the Subrecipient or its Implementing Agency. Such causes are acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every 9 Page 73 of 716 500-065-01 SAFETY 09/16 case the failure to perform must be beyond the control and without the fault or negligence of the Subrecipient. If the failure to perform is caused by the failure of the Subrecipient's or its Implementing Agency's consultant or contractor to perform or make progress, and if such failure arises out of causes beyond the control of the Subrecipient, its Implementing Agency and its consultant or contractor, and without the fault or negligence of any of them, the Subrecipient shall not be deemed to be in default, unless (1) the supplies or services to be furnished by the consultant or contractor were obtainable from other sources, (2) the FDOT State Safety Office shall have ordered the Subrecipient or its Implementing Agency in writing to procure such supplies or services from other sources, and (3) the Subrecipient or its Implementing Agency shall have failed to comply reasonably with such order. Upon request of the Subrecipient 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 be revised accordingly. 10. Obligation of Subgrant Funds. Subgrant funds shall not be obligated prior to the effective date or subsequent to the end date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the end date of the subgrant are eligible for reimbursement. A cost is incurred when the Subrecipient's 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 Subrecipient, the Implementing Agency, the Subrecipient's consultant(s) or contractor(s) and supplier(s), the Subrecipient agrees that the Department will impose sanctions. Such sanctions include withholding of reimbursements, retainage, cancellation, termination, or suspension of the agreement in whole or in part. In such an event, the Department shall notify the Subrecipient and 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 of the violation, the ability to remedy, and the effect on the project. The Subrecipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 12. Access to Public Records and Monitoring. The Department, National Highway Traffic Safety Administration (NHTSA), Federal Highway Administration (FHWA), Chief Financial Officer (CFO), and Auditor General (AG) of the State of Florida, or any of their duly authorized representatives, shall have access for the purpose of audit and examination of books, documents, papers, and records of the Subrecipient and its Implementing Agency, and to relevant books and records of the Subrecipient, its Implementing Agency, and its consultants and contractors under this agreement, as provided under Applicable Federal Law. In addition to review of audits conducted in accordance with 2 CFR Part 200, herein incorporated by reference, monitoring procedures will include, on-site visits by Department staff, limited scope audits as defined by 2 CFR Part 200, and status checks of subgrant activity via telephone calls from FDOT State Safety Office staff to Subrecipients. By entering into this agreement, the Subrecipient and its Implementing Agency agree to comply and cooperate with monitoring procedures. In the event that a limited scope audit of the Subrecipient or its Implementing Agency is performed, the Subrecipient agrees to bring the project into compliance with the subgrant agreement. The Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. The Subrecipient and Implementing Agency agree to comply with all provisions provided in Chapter 119 Florida Statutes. If the Subrecipient receives a public records request concerning its work undertaken pursuant to a Department contract, the Subrecipient must take appropriate action as required by Chapter 119, Florida Statutes. If the Subrecipient is unable to ascertain how best to comply with its obligations, it should seek the advice of counsel and/or FDOT State Safety Office. The Department shall unilaterally cancel this subgrant if the Subrecipient or its Implementing Agency refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the Subrecipient or its Implementing Agency in conjunction with the subgrant. Records of costs incurred under the terms of this subgrant 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 of these 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 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. 10 Page 74 of 716 500-065-01 SAFETY 09/16 13. Audit. The administration of resources awarded through the Department to the Subrecipient by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or limit the authority of any State agency inspector general, the State of Florida Auditor General or any other State official. The Subrecipient shall comply with all audit and audit reporting requirements as specified below. (a) In addition to reviews of audits conducted in accordance with 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, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Subrecipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO) or State of Florida Auditor General. (b) The Subrecipient, a non -Federal entity as defined by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as defined by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, as a Subrecipient of a Federal award awarded by the Department through this Agreement is subject to the following requirements: (1) In the event the Subrecipient expends a total amount of Federal awards equal to or in excess of the 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 Requirements, 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 before December 26, 2014, and in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. Part VI 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 fiscal years beginning before December 26, 2014, and the requirements of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. In determining Federal awards expended in a fiscal year, the Subrecipient must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, 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 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, will meet the requirements of this part. (2) In connection with the audit requirements, the Subrecipient shall fulfill the requirements relative to the auditee responsibilities as provided in OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as provided in 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. (3) 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 Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, in Federal awards, the Subrecipient is exempt from Federal audit requirements for that fiscal year. However, the Subrecipient nnust provide a single audit exemption statement to the Department at FDOTSingleAudit(a_dot.state.fl.us no later than nine months after the end of the Subrecipient's audit period for each applicable audit year. In the event the Subrecipient expends less than the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, for 11 Page 75 of 716 500-065-01 SAFETY 09/16 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 resources (i.e., the cost of such an audit must be paid from the Subrecipient's resources obtained from other than Federal entities). (4) The Subrecipient nnust electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as required by 2 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 of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and for audits required by 2 CFR Part 200, Subpart F — Audit Requirements, for fiscal years beginning on or after December 26, 2014, and this Agreement. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit(a_dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F — Audit Requirements, for fiscal years beginning on or after December 26, 2014. (5) Within six months of acceptance of the audit report by the FAC, the Department will review the Subrecipient's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Subrecipient fails to have an audit conducted in accordance with 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 Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available. (6) As a condition of receiving this Federal award, the Subrecipient shall permit the Department, or its designee, the CFO or State of Florida Auditor General access to the Subrecipient's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. (7) The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAudit(a_dot.state.fl.us (c) The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, the CFO or State of Florida Auditor General access to such records upon request. The Subrecipient shall ensure that the audit working papers are made available to the Department, or its designee, the CFO, or State of Florida 12 Page 76 of 716 500-065-01 SAFETY 09/16 Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. 14. Cooperation with Inspector General. The sub recipient agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. 15. Retention of Records. The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, the state CFO, or Auditor General access to such records upon request. The Subrecipient shall ensure that the independent audit working papers are made available to the Department, or its designee, the state CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Records shall also be maintained and accessible in accordance with 49 CFR, Section 18.42 or 49 CFR, Section 19.53. 16. Procedures for Reimbursement. All requests for reimbursement of subgrant costs must be submitted on forms provided by the Department (FDOT Form Numbers 500-065-04 through 09 and 19) unless otherwise approved. Forms must be completed in detail sufficient for a proper pre -audit and post audit based on the quantifiable, measurable, and verifiable units of deliverables and costs, including supportive documentation. Deliverables must be received and accepted in writing by the FDOT State Safety Office prior to payments. The Subrecipient or its Implementing Agency shall 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. At a minimum, reimbursement for subgrants with personnel costs shall be made after every two pay periods if paid bi-weekly. Reimbursement of personnel costs shall 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 MOT 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 $5,000 or more and a useful life of one year or more shall be accompanied by a 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 Subrecipient or the Administrator of the Implementing Agency, or their delegate. A final financial request for reimbursement shall be submitted and/or postmarked no later than October 31 following the end of the subgrant period. Such request shall be distinctly identified as Final. Failure to submit the invoice in a timely manner shall result in denial of reimbursement. The Subrecipient agrees to forfeit reimbursement of any amount incurred if the final request is not submitted and/or postmarked by October 31 following the end of the subgrant period. Subrecipients providing goods and services to the Department should be aware of the following time frames. The FDOT State Safety Office has a 30 -day review process to approve goods and services that starts on the date of receipt of financial reimbursement request. After that review and approval, the Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. Financial reimbursement requests may be returned if not completed properly. If a payment is not available within 40 days from the FDOT State Safety Office approval, a separate interest penalty at a rate as established pursuant to Section 55.03(1), F.S., will be due and payable, in addition to the financial reimbursement request amount, to the Subrecipient. Interest penalties of less than one (1) dollar will not be enforced unless the Subrecipient requests payment. Financial reimbursement requests that have to be returned to a Subrecipient because of Subrecipient preparation errors will result in a delay in the payment. The financial reimbursement request payment requirements do not start until a properly completed financial reimbursement request is provided to the Department. 13 Page 77 of 716 500-065-01 SAFETY 09/16 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 contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract 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 18.32, 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. 14 Page 78 of 716 500-065-01 SAFETY 09/16 (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 FDOT State Safety Office, Department of Transportation, State of Florida, and/or the National Highway Traffic Safety Administration, U.S. Department of Transportation and/or Federal Highway Administration, 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 subgrant 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. 15 Page 79 of 716 500-065-01 SAFETY 09/16 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. 28. 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. 29. 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. The FDOT State Safety Office shall provide written approval for reimbursement if the items are appropriate for purchase under this agreement. Copies and/or images of all public information and education items purchased with highway safety funds shall be attached to the forms requesting reimbursement for the items. 16 Page 80 of 716 500-065-01 SAFETY 09/16 Printed materials (tip cards, brochures, safety pledges, surveys, activity books, booklets, guides, etc.) can be freely distributed, however tangible items (helmets, DVDs, CD-ROMs, flash or thumb drives, reflective tape, reflective bands, etc.) require the person receiving the item to interact with the subrecipient in some manner related to the goal of the project in order to receive the item. Interaction includes attending a presentation, signing a pledge sheet, filling out a survey form, answering a traffic safety question, etc. The results of this interaction must be reported in the performance report. Where feasible, either the Florida Department of Transportation logo or the words "Funding provided by the Florida Department of Transportation, or Funded by FDOT." shall appear on or in all items. The name of the Subrecipient or implementing agency and its logo can appear on any of the public information and education items. The names of individuals connected with the Subrecipient shall not appear on any printed materials, and advertisements paid for with highway safety funds. Per 2 CFR 200 and NHTSA Memo "Use of NHTSA Highway Safety Grant Funds for Certain Purchases" (dated May 18, 2016), Use of NHTSA grant funds to purchase promotional items or memorabilia is prohibited and therefore unallowable under this subgrant. 30. Term of Agreement. Each subgrant shall begin on the date the last party signs the agreement and shall end on September 30, following, unless otherwise stipulated by the FDOT State Safety Office on the first page of the respective agreement. In the event this subgrant is for services in excess of $25,000.00 and a term for a period of more than 1 year, the provisions of Section 339.135(6)(a), F.S., are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that such funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000.00 and which have a term for a period of more than 1 year." 31. Clean Air Act and Federal Water Pollution Control Act. For subgrant awards in excess of $100,000 the Subrecipient and its implementing agency agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), herein incorporated by reference. The Subrecipient shall include this provision in all subcontract awards in excess of $100,000. 32. Personnel Hired Under Agreement. The head of any implementing agency receiving first year funding for a new position(s) through a subgrant shall provide written notification within 30 days of the agreement being awarded to the FDOT State Safety Office that a new position(s) has been created in the agency as a result of the subgrant being awarded. Positions created with subgrant funding shall continue to be funded by the Subrecipient after federal funding ends in order to be eligible for future subgrant funding. Any and all employees of the Subrecipient or implementing agency whose positions are funded, in whole or in part through a subgrant, shall be the employee of the Subrecipient or implementing agency only, and any and all claims that may arise from said employment relationship shall be the sole obligation and responsibility of the Subrecipient or its implementing agency. Personnel funded under the subgrant shall not hold the position of Project Director nor receive any benefit under the grant. The FDOT State Safety Office must pre -approve the advertisement, hire/replacement, and salary for any full time subgrant funded positions (excluding law enforcement positions). 17 Page 81 of 716 500-065-01 SAFETY 09/16 The FDOT State Safety Office reserves the right to require activity reports to demonstrate that personnel hired under the agreement or equipment purchased with subgrant funds meet the requirements as specified by the subgrant. 33. Overtime. Overtime hours are intended for enhanced/increased traffic safety enforcement. The overtime pay rate for officers is based on actual cost per employee in accordance with the Subrecipient's payroll policy. Each Subrecipient shall comply with its own policy and Fair Labor Standards Act (FLSA) requirements and thresholds for overtime accrual and payment. Additional enforcement may be called overtime, off duty, extra, additional, etc., as long as it enhances/increases traffic safety enforcement. A copy of the policy shall be maintained by the Subrecipient and/or implementing agency and made available for review if requested. 34. Repossession of Equipment. Ownership of all equipment purchased with Federal highway safety funds rests with the Subrecipient and its implementing agency; however, the USDOT maintains an interest in the equipment and title vests in the Subrecipient subject to several conditions and obligations under 2 CFR Section 200.313. The Subrecipient must use the equipment for the authorized purposes of the project, whether or not the project continues to be supported by the Federal award, unless the FDOT State Safety Office, on behalf of USDOT, provides written authorization for another use of the equipment that is permissible under 2 CFR Section 200.313. Any equipment purchased with Federal highway safety funds that is not being used by the Subrecipient or its implementing agency for the purposes described in the project or in accordance with other authorized uses under 2 CFR Section 200.313, is subject to repossession by the FDOT State Safety Office, on behalf of the USDOT. Items that are repossessed shall be disbursed to agencies that agree to use the equipment for the activity described in this project or for other uses authorized by USDOT. 35. Replacement or Repair of Equipment. The Subrecipient and its implementing agency are responsible, at their own cost, for replacing or repairing any equipment purchased with Federal highway safety funds that is damaged, stolen, or lost, or that wears out as a result of misuse. The FDOT State Safety Offices retains the right to replace or repair any equipment for statewide programs based on exceptional individual circumstances. 36. Ineligibility for Future Funding. The Subrecipient and its implementing agency agree that the Department shall find the Subrecipient or its implementing agency ineligible for future funding for any of the following reasons: (a) Failure to provide the required audits, (b) Failure to continue funding positions created with highway safety funds after the Federal funding cycle ends, (c) Failure to provide required performance and final narrative reports in the required time frame, (d) Failure to perform work described in Part II of the subgrant agreement, (e) Providing fraudulent performance reports or reimbursement requests, (f) Misuse of equipment purchased with Federal highway safety funds. 37. Safety Belt Policy. Each Subrecipient and implementing agency shall have a written safety belt policy, which is enforced for all employees. A copy of the policy shall be maintained by the Subrecipient and/or implementing agency and made available for review if requested. 38. Occupant Protection. All law enforcement agencies receiving subgrant funds for occupant protection education or enforcement shall have a standard operating procedure regarding enforcement of safety belt and child safety seat violations. A copy of the procedure shall be maintained by the Subrecipient and/or implementing agency and made available for review if requested. 39. Equipment. Any equipment purchased under this subgrant with highway safety funds shall not replace previously purchased equipment that is damaged, stolen, lost, or that wears out as a result of misuse, whether the equipment was purchased with federal, state, or local funds. 40. Vehicles. Any agency receiving subgrant funds to purchase a vehicle (excluding law enforcement vehicles) shall maintain a travel log that contains the beginning and ending mileage, location, and purpose of travel. All agencies must report any vehicle use (excluding law enforcement vehicles) and maintenance with each request for reimbursement using the Safety Grant Vehicle Use Form (FDOT Form No. 500-065-21) and the Safety Grant Equipment Maintenance Form (FDOT Form No. 500-065-22). Page 82 of 716 500-065-01 SAFETY 09/16 Vehicles purchased with federal highway safety funds shall be used for program use only and in accordance with Chapter 6013-1.004 Florida Statutes. Subrecipients who are responsible for the operation and use vehicles for official state business are allowed to permit persons other than state officials or employees to travel in the vehicle provided these persons are conducting official state business or only on special occasions if the purpose of the travel can be more usefully served by including such persons and no additional expense is involved. It is permissible to transport persons other than state officials and employees during disasters and emergency situations where the state must protect life and property. Providing assistance to motorists whose vehicles are disabled may be considered as an emergency when there is a need to protect life and property. Any vehicles used for personal reasons or not being used by the Subrecipient or its implementing agency for the purposes described in the subgrant shall be subject to repossession by the FDOT State Safety Office. 41. Child Safety Seats. Any implementing agency that receives funds to purchase child safety seats must have at least one staff member who is a current Certified Child Passenger Safety Technician. Failure to comply with this provision shall result in the termination of this agreement. 42. Buy America Act. The Subrecipient and its implementing agency agree to comply and require consultants and contractors to comply with all applicable standards, orders, and regulations issued pursuant to the Buy America Act (23 U.S.C. 313 et seq) herein incorporated by reference. The Subrecipient shall include the following Buy America provisions in all subcontract awards: The Buy America Act prohibits the use of Federal highway safety grant funds to purchase any manufactured product whose unit purchase price is $5,000 or more, including a motor vehicle, that is not produced in the United States. NHTSA may waive those requirements if (1) their application would be inconsistent with the public interest; (2) such materials and products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) the inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. Each manufactured end product must comply with the provisions of the Buy America Act. Additionally, any manufactured add-on to an end product is, itself, an end product that must comply with the Act. To be reimbursed with Federal highway safety grant funds for a purchase, a State must comply with the requirements of the Buy America Act. Non-compliance will result in denial of reimbursement. 43. E -Verify. Subrecipients: (a) shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the 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 employment eligibility of all new employees hired by the subcontractor during the contract term. 44. Program Income. Program income means gross income earned by Subrecipient that is directly generated by a supported activity or earned as a result of the subgrant award during the subgrant period of performance. Program income must be deducted from total allowable costs to determine the net allowable costs. Program income must be used for current costs and any remaining program income must be offset against the final request for reimbursement. Program income that the Subrecipient did not anticipate at the time of the subgrant award must be used to reduce the Federal award and Subrecipient contributions rather than to increase the funds committed to the project. 45. 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 FDOT State Safety Office will not coerce or negotiate with a Subrecipient 19 Page 83 of 716 500-065-01 SAFETY 09/16 to reduce its indirect costs rate for this sugbrant, per federal regulation. Subgrants with indirect costs will be awarded based on cost benefit and available funding. 46. 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 DWI Detection and Standardized Field Sobriety Testing (SFST) Instructor Development course (d) NHTSA/IACP 8 Hour DWI Detection and Standardized Field Sobriety Testing (SFST) Instructor Update course (e) NHTSA/IACP Advanced Roadside Impaired Driving Enforcement (ARIDE) course (f) Be an active certified Drug Recognition Expert (DRE) 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 shall be during the hours of 6:OOpm to 6:OOam. Agencies should ensure that enforcement saturatio n/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. 47. 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) (c) Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex) (d) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27 (e) The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age) 20 Page 84 of 716 500-065-01 SAFETY 09/16 (f) The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, Subrecipient's and contractors, whether such programs or activities are Federally - funded or not) (g) Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; (h) Executive Order 12898, Federal Actions To Address Environmental Justice in Minority Populations and Low - Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low- income populations); and (i) Executive Order 13166, 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 (70 FR 74087-74100). During the performance of this subgrant, the Subrecipient agrees: (a) To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time (b) Not to participate directly or indirectly in the discrimination prohibited by any Federal non-discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein (c) To permit access to its books, records, accounts, other sources of information, and its facilities as required by the FDOT State Safety Office, US DOT or NHTSA (d) That, in event a Subrecipient fails to comply with any nondiscrimination provisions in this subgrant, the FDOT State Safety Office will have the right to impose such subgrant sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the Subrecipient under the contract/agreement until the Subrecipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part (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 48. Political Activity. The Subrecipient will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 49. Certification Regarding Federal Lobbying. 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 21 Page 85 of 716 500-065-01 SAFETY 09/16 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. 50. 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. 51. Special Conditions. 22 Page 86 of 716 500-065-01 SAFETY 09/16 Part VI: Federal Financial Assistance (Single Audit Act) Federal resources awarded pursuant to this subgrant are as follows: CFDA No. and Title: "` 20.600 -State and Community Highway Traffic Safety Program (N HTSA 402 Funds) 20.614 -National Highway Traffic Safety Ad ministration Discretion a ry Safety Grants (NHTSA403 Funds) f 20.616 -National Priority Safety Program (NHTSA405 Funds) *Federal Funds $40,000.00 Awarded: 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 requirements: (a) 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards www.ecfr.gov (b) OMB Circular A-133, Audits of States, Local Governments and Non -Profit Organizations www.whitehouse.aov/omb/circulars 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 www.whiteL2,gse.gov/om b/circulars (b) OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments www.whiteL2,gse.gov/om b/circulars (c) Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporting System (FSRS) www.fsrs.gov 23 Page 87 of 716 Project Title: Project Number: FDOT Contract Number: DUI Enforcement M5HVE-17-06-13 500-065-01 SAFETY 09/16 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: City 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 Implementing Agency Administrator Name: Jeffrey S. Katz Agency Administrator's Name Printed Title: Chief of Police Agency Administrator's Title Printed Date: Date Signed NOTE: These signatures are the only recognized authorized representatives for this agreement, unless delegation is granted in writing. 24 Page 88 of 716 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. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN ALL DOCUMENTS ASSOC IATED WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) GRANT IN THE AMOUNT OF $40,000 FOR DUI ENFORCEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FDOT) State Safety Office has selected the City of Boynton Beach to receive $40,000 in subgrant funding for the 2016-17 funding cycle under the impaired driving priority area; and WHEREAS, the funding is allocated for overtime in relation to DUI enforcement; 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 sign all documents associated with the Florida Department of Transportation (FDOT) grant in the amount of $40,000 for DUI enforcement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize the City Manager to sign all documents associated with the Florida Department of Transportation (FDOT) grant in the amount of $40,000 for DUI enforcement, a copy of which is attached hereto as Exhibit "A". C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\OF9D5CDB-70OA-40FE-9DBO-15ABAF22D5E6\Boynton Beach. 4305.1.FDOT DUI Enforcement Grant - Reso.doc Page 89 of 716 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 2016. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz 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\OF9D5CDB-70OA-40FE-9DBO-15ABAF22D5E6\Boynton Beach. 4305.1.FDOT DUI Enforcement Grant - Reso.doc Page 90 of 716 6.C. CONSENTAGENDA 11/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-143 - Authorize the City Manager to sign a four (4) year agreement with Tanner Industries Inc. of Southampton, PA for the lease of one (1) 1,000 gallon anhydrous ammonia storage tank at an estimated annual expenditure of $100 per month ($1,200 per year). EXPLANATION OF REQUEST: The main principle in water treatment is the disinfection of water. Ammonia is critical to the water treatment process as it is combined with sodium hypochlorite to form chloramines, which kill bacteria in water. These chloramines are also long-lasting thereby ensuring the distribution of safe potable water to the consumer. Storage tanks for ammonia, if not owned, are typically leased by the vendor providing the ammonia. Thus, the storage of ammonia provided by one vendor is typically not allowed in tanks provided by a separate vendor. In an effort to source alternative ammonia vendors and reduce costs, Boynton Beach Utilities (BBU) explored the option of purchasing tanks. These costs ranged from $14,000 for a refurbished tank to $32,000 for a new one. Tanner Industries has provided anhydrous ammonia to BBU since 1993 and leases tanks for ammonia storage at a cost to the City for $1.00 per year making the utilization of their product the cheaper and more feasible solution. This lease agreement is no longer offered on new tanks by Tanner. Due to the upgrades and capacity expansion at the East Water Treatment Plant, a second tank is needed to ensure operational reliability and to fulfill the 30 day storage requirement as set forth by the Department of Environmental Protection (DEP). As a result, this tank requires a new lease agreement with Tanner; the existing tank will continue to be leased under the current agreement. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Water quality is of utmost importance to the water treatment plants. Little or no ammonia usage would result in the rapid deterioration chlorine residuals thereby posing risks to public health and preventing the plants from meeting state and regulatory water quality standards. FISCAL IMPACT. Budgeted Funds have been budgeted in account 401-2811-536-44-30. ALTERNATIVES: The City of Boynton Beach could issue its own bid for the purchase of ammonia including the leasing of storage tanks. However, exploratory quotes for the purchase of a new tank were in the $30,000 - $40,000 range and tank lease agreements from other vendors are about $200 per month. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 91 of 716 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Resolution D Agreement REVIEWERS: Department Utilities Utilities Finance Legal Description Resolution approving 4 year lease of Ammonia Storage Tank Ammonia Storage Tank Lease Agreement Reviewer Action Groff, Colin Approved Groff, Colin Approved Howard, Tim Approved Swanson, Lynn Approved Date 10/20/2016 - 1:48 PPA 10/20/2016 - 1:48 PPA 10/27/2016 - 3:51 PPA 10/28/2016 - 2:26 PPA Page 92 of 716 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 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A FOUR (4) YEAR AGREEMENT WITH TANNER INDUSTRIES, INC., OF SOUTHAMPTON, PA, FOR THE LEASE OF ONE (1) 1,000 GALLON ANHYDROUS AMMONIA STORAGE TANK AT AN ESTIMATED ANNUAL EXPENDITURE OF $100 PER MONTH ($1,200 PER YEAR); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ammonia is critical to the City's water treatment process as it is combined with sodium hypochlorite to form chloramines, which kill bacteria in water; and WHEREAS, storage tanks for ammonia, if not owned, are typically leased by the vendor providing the ammonia and thus the storage of ammonia provided by one vendor is typically not allowed in tanks provided by a separate vendor; 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 approve and authorize the City Manager to sign a four (4) year agreement with Tanner Industries for the lease of one (1) 1,000 gallon anhydrous ammonia storage tank at an estimated annual expenditure of $100 per month ($1,200 annually). 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 28 hereof. 29 Section 2. The City Commission of the City of Boynton Beach, Florida hereby CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\55B423C7-COF1 -466F-13813-E99F592131 236\Boynton Beach.4340.1.Ammonia_Storage_Tank_Lease_(Tanner_lnd)_ _Reso.doc Page 93 of 716 30 approves and authorizes the City Manager to sign a four (4) year agreement with Tanner 31 Industries for the lease of one (1) 1,000 gallon anhydrous ammonia storage tank at an 32 estimated annual expenditure of $100 per month ($1,200 annually), a copy of which 33 Agreement is attached hereto as Exhibit "A." 34 Section 3. This Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this day of , 2016. 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) VOTE YES NO CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\55B423C7-COF1 -466F-13813-E99F592131 236\Boynton Beach.4340.1.Ammonia_Storage_Tank_Lease_(Tanner_lnd)_ _Reso.doc Page 94 of 716 ZQUIPMENT AGRYMMENT to the AW==t at Ow tbnawiW _.. ibe initial term of this lemma shat! hePDS ap�iact of4$ wndn= from Ymomha e�bBm► utbrr. SOli Tltereefter ft lease shalt om' to peaty unless mmbmw h3' eitic Psrtjr aar 30 days }sriar wraw t 1e 9 s i oPFn The ut W0110d at L=w'm pnmdm as Page 95 of 716 A. Wor CanpWons olosmoncewh toitutivy limbo ad cmp*a fiebitily covMV wkh 11knits OrSSIM, for ewk= w 1h ORW,03U by B. Cammomisl Gonad Usbift IMuMON with a mW=xn Kok of limbfty or$ 1,001AWA11 awb oommwA S 1.000,OWW Ilk PrvOvWC=nplcW Op�v AWqpn Umb ad tWD.M.00 (Weenol AW"oft LimaL MAIM C Cmunierviel Jkvtm*Hc I.Ambility buorucc WAM awned. hired and can-owpod vokIcks with a jnlr*n= ftft 21,Ill ,GW.00 ON* socklout. D. Property WWWO Ovkkotft qxoW crAw orlow covaW an the abovo Bquipinunt 13% Any other immum a moybe rquirod by Lm such MMM I 1-14Uv r7 V i, i " I'll Jtr-z 4AWI I TF, 17, 1101t J. A, .......... JA . . . . . . iF 'iul fT. M I -.IF F-177-TICIF Tarudnalon aftis AVem" fbrwW rosion shall wX re-lim the piatiss ormW oMgmloo thAffW remain w&Mkd ulthe fin Of Such terminotlion. No waiver ordWsW jot onfatiq AM of d0b bwmft by dft poy a comftft a nkmafay aft OW%Wumdft aMer Pfft� 11WOUNIM In MIPWA of OW other Mottor or me" ndeft Own1u. -111 4 :ia-Jot ��V A. A III lfanypmtoftbLsAgommtlshcWin*WorumftmblefwanyTam%swbpwdmdlbodeeimdwdvWmdthebWmnur OW AVvxAW zhitil continue in W ram ad afft, FIL Ix ,rl�!U �11 77. �,_ F,=I = Lori LaVerriere, City Manager Prom "1W.M.MN&C DW ZMA Page 96 of 716 I CONSENTAGENDA 11/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 REQUESTED ACTION BY COMMISSION: Approve Amendment 2 to Task Order #U -1A-01 with Globaltech, Inc. in the amount of $83,669 for additional construction management services for the Raw Water Main - Section C project. EXPLANATION OF REQUEST: The City entered into an agreement for General Consulting Services with Globaltech, Inc., which was approved by the City Commission on July 1, 2014. Globaltech, Inc. was subsequently awarded Task Order #U -1A-01 to provide construction management services for the Raw Water Main - Section C project. On August 4, 2015, the City Commission approved Amendment 1 for additional design and consulting services to be performed by Globaltech, Inc. and their subconsultant, Dover Engineering, for technical resource services and raw water piping design for the east end of the pipeline. Amendment 2 is required for Globaltech's additional expenses that have arisen during the construction of the Raw Water Main — Section C project, such as the extension of the construction contract which resulted in additional engineering management and field time; working nights and weekends in an attempt to expedite portions of the construction activities; coordinating project meetings, preparing agendas, and meeting minutes; reviewing weekly construction progress; observing critical construction elements and testing; reviewing pay requests, requests for information (RFIs), and change orders (COs); and certifying construction completion to the permitting agencies. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The additional consulting services provided as part of Amendment 2 will provide the required engineering management and oversight that is necessary for the successful completion of this complex construction project. In order to minimize Globaltech's additional expenses going forward, City staff is taking a larger role in the remaining routine field inspections, first review of pay requests, initial review of record drawings, initial response and development of change orders and requests for information, and the coordination of permit extensions. FISCAL IMPACT. Budgeted Funding is available in the Utilities CIP budget. ALTERNATIVES: Not approve Amendment 2 to Globaltech, Inc. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 97 of 716 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Addendum REVIEWERS: Department Reviewer Utilities Groff, Colin Utilities Groff, Colin Assistant City Manager Pyle, Judith Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description Globaltech Amendment 2 Proposal Action Date Approved 10/12/2016 - 1:20 PPA Approved 10/12/2016 - 1:21 PPA Approved 10/14/2016 - 1:41 PPA Approved 10/21/2016 - 8:48 AM Approved 10/25/2016 - 4:48 PPA Approved 10/27/2016 - 2:05 PPA Page 98 of 716 September 16, 2016 Mr. Colin Groff, P.E. Director of Utilities Boynton Beach Utilities Department 124 East Woolbright Road Boynton Beach, FL 33435 Dear Mr. Groff: Subject: Task Order #U -1A-01 Amendment 2 / Raw Water Main Section C — Construction Management Services Thank you for taking the time to meet with us on Tuesday, September 14, 2016. As we discussed, Globaltech, has incurred additional expenses performing Construction Management Services for the City on the Raw Water Main Project (Task Order #U-lA-01). With this letter, we are providing you with a breakdown of both the incurred costs and the costs projected through the completion of the proj ect. To minimize costs moving forward, we have agreed to reduce our scope of work by implementing the following modifications: Delegate routine field inspections to City staff • Delegate first review of pay requests to City staff • Delegate initial coordination of record drawings to City staff • Delegate initial response and development of change orders (COs) and requests for information (RFIs) by Contractor to City staff • City to coordinate permit extensions By implementing these changes, Globaltech will be able to reduce our Construction Management fee by approximately 65%. Page 99 of 716 Task Fee Incurred Expenses (7/01— 9/16) $64,919.00 - Worked night and weekend shifts in an attempt to expedite construction - Worked beyond anticipated 6 month Construction schedule Projected Expenses (9/19 — 12/08) $18,750.00 - C000rdinate project meetings, prepare agenda & meeting minutes - Review weekly work projections - Observe critical construction elements and testing - Assist City staff with pay requests, RFls and Cos - Certify construction completion Total Amendment 2 Request $83,669.00 Total billing will be based on time necessary to complete the project and will not exceed the requested fee. Unused time will not be billed. With this request, our project fee would increase as follows: Original project fee - $198,788.00 Amendment 1 (approved) - $28,793.30 Revised Approved fee - $227,581.30 Amendment 2 (proposed) - $83,669.00 Proposed revised fee - $311,250.30 Please review this request and determine how it will impact your project budgets. We will to work with the City in any way practical to make this resivison acceptable. Following your review of this request, please let us know what format and backup materials are needed to process this Amendment 2. Page 100 of 716 As always, it has been a pleasure working with the City of Boynton Beach. Very truly yours, Rick Olson, P.E. Client Services Manager Cc: Chris Roschek / City of Boynton Beach Jose Huertas / City of Boynton Beach Troy Lyn / Globaltech Tyler Davis / Globaltech Page 101 of 716 6.E. CONSENTAGENDA 11/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 REQUESTED ACTION BY COMMISSION: Accept the written report to the Commission for purchases over $10,000 for the month of September 2016. 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 2016: Purchase Order Vendor Amount 161446 Sunbelt Waste Equipment $ 22,609.58 161452 AMJ — Tri nova - FL $21,862.96 161453 Martin Fence Co. $ 12,848.00 161461 Anzco, Inc. $ 17,500.00 161462 Advance Generator Sales $ 14,078.58 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: 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 102 of 716 Is this a grant? No Grant Amount: ATTACHMENTS: Type Attachment REVIEWERS: Department Finance Finance City Manager Description Porch over 1 OK backup - Sept 2016 Reviewer Action Date Howard, Tim Approved 1011612016 - 6:32 PPA Howard, Tim Approved 1011612016 - 6:32 PPA LaVerriere, Lori Approved 1012612016 - 4:38 PPA Page 103 of 716 DO ! fAPPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR SEPTEMBER 2016 1. r: Sunbelt Waste Equipment$22,609.58 Requesting Department: Warehouse Contact Person: Mike Dauta 911116 Brief Description of Purchase: Part for vehicle #1977 (Solid Waste). The vehicle is in need of major repair. This vehicle is used to replace other solid waste vehicles when they are down for maintenance. There are two other solid waste vehicles awaiting maintenance but are held until this vehicle is repaired. Source r Three Written Quotes Fund Source: 501-5000-590-09-85 2. Vendor: AMJ - Tri ova - FIL Purchase Amount: $21,862.96 Requesting Department: utility Contact on: Colin Groff Date: 917116 Brief Description of Purchase: Chlorine analyzers used to measure chlorine residuals in distribution system. Required for an in-kind project consent order #WP -017-16. Trinova was not the lowest price but they did meet all of our qualifications/requirements for the amperometric chlorine analyzers. Source c Other 3_ 0-533_ - Fund Source: 403-5000-533-65-02 WT T 17 3. Vendor. Martin c Co. Purchase Amount: $12,848,00 Requesting Department: utilities Contact Person: Colin Groff Date: 917116 Brief Description of Purchase: Replacement of fence at 1 Mil Gallon Storage tank. Source rchase- Piggyback City of WestPalm Bch Fund Source: 401-2811-536-62-01 Bid 13-14-141 4. Vendor: Anzco, Inc.$17,500,00 Requesting Department: Public Works it Mootz Date., 12111 Brief Description of Purchase: Parking lot & restroom ADA refurbishment for Palmetto Park. Source r r Three Written Quotes Fund Source: 302-4232-572-62-03 - $12,500.00 RP1635 302-4232-572-62-03 - $5,000.00 1 636 Page 104 of 716 5. nor® Advance Generator Sales Requesting Department: Utilities Contact Person: Colin Groff 9121116 Brief Description of Purchase: The enclosure and trailer is to replace a dilapidated one that we currently have. Since we are in hurricane season we need to have working equipment that we do not have to worry about. Source for Purchase: Three Written Quotes Fund Source: 401.2816-536-46-20 =1 Page 105 of 716 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 161446 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 09/01/16 TO: SUNBELT WASTE EQUIPMENT SUNBELT HYDRAULICS & EUI 2201 NW 22ND ST POMPANO BEACH, FL 33069 REOUSFTOON NO,, 67351 -7 -ORDERING DEPARTMENT: JE:N SHIP TO: City of Boynton Beach WAREHOUSE 222 NE 9TH AVENUE BOYNTON BEACH, FL 33435 DATE NEEDED: B0 NO: COMIMMMON APPROVED. LI NE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST 11111111094-35wm PROCUREMENT SEWCE& ACCOUNT NO. 501-5000-590.09-85 P.O. TOTAL: NmEffi� PURCHASING Page 106 of 716 1.00 EA COMPLETE PYTHON ARM ASSEMBLY 17955.0000 17955.00 COMPLETE PYTHON ARM ASSEMBLY 093-3342 .... — .. VENDOR ITEM. 2 2 1.00 EA TRI - CUFF 6. 2287.5400 2287.54 . TRI 1933247' VENDQ. RL. IT., 9 32.4. :. 3 1.00 F -A MQUNTT'19G� ...... . ..... . .... HA.-RD-WAA8' ......... ..... 0400 1067.04 MS3U. NUMBER AVAI X�T 4 1.00 F -A:.... FREIGHT CHARGE 1{`b 0o00 1300.00 Fk EI PH CHARGE -18 JUSiT: AN - ESTIMATE CQULD BE :LESS. ... . ....... Rt ARKS ku':Ordex.::61-7� conta.ct Je" n Paciello, 5�74.2-6294 sm ...O.t:m adc 1 t 1 ona 1, riformation. PROCUREMENT SEWCE& ACCOUNT NO. 501-5000-590.09-85 P.O. TOTAL: NmEffi� PURCHASING Page 106 of 716 0 9 Ln Ln (n O 0 0 9 Ln Ln IT C) 0 r -q I CIQ 0 p U OD Nko 0 0) 0 v 0 0 C) OD N to 0 eS 0 0 H CRO Z E-1 H 1 W td p ri) E+ Z H CK M ul ul cn 0 0 0 M E-4 W E-4 E-4 W p CIQ p U r z 0 CRO Z W CQ H 1 W td p 0 E+ Z Cl DQ W M ul ul cn 0 m Cfj N8— :9 wl ED 0 M E-4 W E-4 E-4 W p 04IV "0 N �: 104 M e 14 m WMPW Or - mo m r- 00 FA A4 r4 I I Z CO E4 Z F3 134 F-4 H Ix v co 0 li 0 0,4 r- In4 ri 04 0 z Rch M Ln U040 z W W > U IX 0 P4 H rx H ul 04 134 z H N OODOZ Wolx pq fk� 21-2 MMM.4fl4wlow m W. pq F:4 P4 a4 0 C4 Q N>U MMWM HHP w m �4 I.C4 z Ix 0 0 wmHrQf4 pp z o ZEz H rQ p4ZZNZ 1 Z D. rli:m Q E-4 w 0 9 ..'92 Z 0 0 �H rr0-4 p r4 014 ZE. p POZZUUN r4WHXHWZ Q POZZUUW r14 N4 HXHWZ Q POZZUUW cc H:EHNZ n Cl r14 E� W 0 UUE�O�!;ZUU PE-IQZ EMC4P4 W14 0 0 E� P4 IX H 0 OX U W H P4 54 Qw 6:aROE� H 0 zzpnz zw P4 Ix HfflOPO4WHO H Z H -4 P r [-4 0 0 i•fW4 H m 14 g 124 •W m u ri H r4 W 1 42 pq 9Q H w N 6 2: U DQ H W 4 090 UMNWA4,14F3 014 M 0 go u r-4 r 154 PD Wwo 4014W 0 Ln -1 iO li P P -I Ix EXR Ix 9 u Ga rk� w r4,13d N N4 CIQ I I 6 0 z Page 107 of 716 p U r z 0 CRO Z W CQ H 1 W td p E+ Z Cl DQ W m 04 1 Fa Fa P w H r4 FA A4 r4 I I Z CO E4 Z F3 Ix v co i 0,4 r- N N Rch M Ln CX 0060 z 0000 z00 Ln %D 1 i 0 0 Ln -1 iO li H H C� 0 r) M m LO %D W W M H N rq LO Ln i F4 a) N N rq CY 0 0 u WV14 Fj 0 E4 I I 6 0 z Page 107 of 716 I HO 6T 651 Ln r- r` o Ln co w 0 at N 0 r u7 m NO 0 0 0 n0 0 0 a O 0 0 0 0 Ln m UO 0 0 0 0 0 0 0 0 C) 0 0 -i H 4 H I Page 108 of 716 6T 651 tl1 6h 0 0 0 0 0 C) m at R 01 Ln va u7 m NO 0 0 0 n0 0 0 a O 0 0 0 0 in M Ln m UO 0 0 0 m Ln z H 0 I Page 108 of 716 1equesg Department: Warehouse Contact Person: Jenriffer Pade#* IIJM IIITITIMITMM ZMV; Piggy -Back L—j Budgeted Item EMergency Purchase Other r I Contr!act Number. NOTE Pricing proposal for purchase must be presented in [he some detaff contained within the contract. � �11=11 � WET , J iTUM17F M-401,1011AN Page 109 of 716 PI625X07 City of , , n # M Beach 9101116 I Vendor Quote Comments I I Requisition number 0000067351 1 1 Requisition date 9101116 I Item description I Vendor number . . . . 3914 1 1 Name . . . . . . . I 7ype Information, press Enter. I Comments I I SUNBELT IS ABLE TO GET US THE COMPLETE PYTHON ARM ASSEMBLY, r AND NOEWTINGI HARDWARE AS A COMPLETE ASSEMBLY WXTHXIV 3 WORKING I DAYS. SUnBELT 1.9 ASLO A BID VENDOR. I EXP 913116 I I 1 Page 110 of 716 P1625107 City Of BOYMCOM BeRah 9101116 I Vendor Quote Connents I I Requisition number 0000067351 M I Requisition date 9101116li 1 Xtem description T Vendor number . . . I Type information, preos Enter. I Comments I TAMPA CRANE & BODY CAN ALSO SELL US THE CoMpLETE I PYTHON ARM, TRXCUFF GRABBER KIT, AND MOUNTIN9 I HARDWARE AS A COMPLETE ASSEMBLY EXCRPT THEY ARE 1 2 WORKING WEEKs ouT. I P.22=Cancel Page 111 of 716 P1625107 Clty of Boynton Beach 0101116 I Vendor Quote Comments I Requisition number.0000067351 1 Requisition date 9101126 1 Item dencription I Vendor number IName . . . . . . MCMILUS I2We information, press Enter. I MCNEILUS IS UNABLE TO GET US THE COMPLETE PYTHONIComments I ARM ® TRXCUFF GRABBER XXT, AND MOUNTXNG I HARDWARE AS A COMPLETE ASSEMBLY, TREY CAU GET US I ALL TUE PARTS SEPERATLY, TRE MECHANICS ARE NOT XN I FAVOR OF THE ARM 13RXNG IN PIECES BEACAUSH THE I COMPLETE ASSY WILL TAKE 35-40 t ON THE TRUCK. VS.XN- I HOURS,SHXPPXNG I HELD LIABLE FOR W?lRR"TY` PURPOSES IN CASE OF LEAKS ® AND CRACKS. 1 I Page 112 of 716 PX625X07 City of Boynton Beach lz I Vendor Quote Cozments I Requisition .ruisition date . -9102116. r Xtem description. I Vendor number 15278 rName . . . . .. . I 7We information, press ,� I DAYS.7-10 WORKXNG i r r r r r I Page 113 of 716 w W : # ~ \ 4 / . » y m 1-imil 2 �2 Page 114 0 716 Alibrandi, Julianne From: Paclello, Jen ® Thursday, September 01, 20161:18 PM ® Alibrandi, Julianne Subject: FW: Quote me u a on Fa ce boo kI I Please be advised that Florida has a broad public records law and oil correspondence to me via email may be subject to disclosure. Under Florida records law, email addresses are DUbIiC reCOrdS. Therefor L--reeeeee From: Paclello, len Sent: Thursday, September 01, 2016 1:05 PM To: 'Michael Blanco' Subject: RE: Quote From: Michael Blanco rmailto:mblancoCa)sunbeltwaste.com Sent: Thursday, September 01, 2016 1:01 PM To: Paciello, Jen Subject: RE: Quote Parts & Warranty Manager Sunbelt Waste Equipment 2201 N.W. 22 "d Street 561-274-8505 Fax: 561-274-8506 mblanco@sunbeltwaste.com Page 115 of 716 41 MI, erorm Michael Blanco <;mblanco@sunbeltwaste.com> sent Thursday, September 01, 2016 11:49 AM TO. Paciello, Jen SubjecL RE: Quote Michael Blanco Parts & Warranty Manager Sunbelt Waste Equipment 2201 N.W. 22nd Street Pornw-n-RASShA114-02 SVIIS-T 561-274-8505 Fax: 561-274-8506 m blanco @sun beltwaste.co,71- From: Paclello, Sen [ma[lto:PaClelbJ@bbfI.us] mm Sent., nur9day, September 01, 2016 11:15 AM To., Michael Blanco Subjectim- RE: Quote Wesve ltvnical-1 PlIk (T. . J, cc . . . n----LLX Please be advised that Florida has a broad puNic records low and all correspondence to me via emal may be subject to disclosura.Under Florida A law, email addresses are public records- Therefore, your e -mag communication and your e-muft address racy he subject to public disclosure. Frorn, Michael Blanco frnalftm ncoDsuI,*pltImSAa.MiIf1 nursaaY, September 01, 2016 11:10 W To: -Padello, 3en Xubjectt. RE: Quobe Well, I just one response, 'working on it". Typical. Page 116 of 716 Michael M#',; Parts & Warranty Manager Sunbelt i 2201 N.W. 2-2a'Street 4 06 mblanco @DsunWlJWj3ste.com From: Padelllo, Jen rmaII :Pa llg2@bbtLu1 Sent, Thursday, September 01, 2016 10:45 AM Too Michael Blanco �d■1J America's t the Guffstream Mease be advised that Florida has a broad public records raw and off correspandeace to me via emall may be r t to dixclasure.Undur Fforida records taw, mail addresses arepublic records. Therefore, if communication and yow e-mail address may be subjectto publk disclosure. Michael BI Y I Sent- ursday, September 01, 2016 10:31 AM ® ;2ielb, Jen Subjectz. RE: Quote 71-1717TIF MM Michael Bianco Parts & Warranty Manager Sunbelt Wasta Equipment 2201 N.W. 22L' Street 561-274-8505 i. • R'o Thursday, k ;a A e i 4 AM Page 117 of 716 TITZ= Please be advised that Florida has a broad public records kw and aU camspondence to mw via email may be subject to disclosure.under Florida records law, emall addresses are P records. Therefore, your &-wft cum=kjutim and your e -=N address may be sOject to public disclosure. Fram:Michael Bianco - @llto:mblanco@sunbebKa-stg&2d Sent: Thursday, September 01, 2D16 10:28 AM Too. Padello, Jen SubjecL, RE: Quote Michael Blanco Parts & Warranty Manager Sunbelt Waste Equipment 2201 N.W. 22no Street Powp&-mime&—, -NZ?M&wwA 561-274-9505 Fax: 561-274-8506 nMgLtLnbeltwR=,com— r-row Paciello, Jan [mAUUnP-aQdWV-b-b-fl---us] Sent: Thursday, September 01, 2016 10:27 AM To: Michael Blanco Subject: RE,, Quote Hey Mike, 91 Page 118 of 716 + r "" Sent: 7bursday, September 01, 2016 8:24 AM To: Padello, Jen Subjecb RE: Quote Importances. High I r4JTJM71V Michael Blanco Parts & Warranty Manager Sunbelt Waste Equipment 2201 N.W, 22 nd Street RnnWJh-B-w-%_aarLd a 33069 561-274-8505 Fax: 561-274-8506 inblancoiRsunbLaltwaste.corn From: Padello, Jen aJlto:PackUW-@-bhflW Sent. Thursday, September 01, 2016 7:09 AM To: Michael Blanco Subject: RE. Quote Good morning Mike, do not a problem with her approving it but it could take a couple of days. We want to make sure we are still able to get the parts at the prices quoted. El Page 119 of 716 America's GatewGy to the Gulfstream wz-xse Ie zzfi�ce X--,� 4pr,w#zmw -I Uld�&rMrrlda rewrds law, emall addresses are public recwds. Therefwe, ywr e-mail mmmunicatim andyaur t -malt addrm maY be sibiect tap&dc d1sclan". From: Michael Blanco aIlto:mblan—c-Q@sunbeltW-aSW,co Sent: Tuesday, August 30, 2016 10:39 AM To; Paciello, Jen Subjects. RE: Quote M pictures which type of mounting you have. it is a high estimate. Michael Blanco Parts & Warranty Manager Sunbelt Waste Equipment 2201 N.W. 22"' Street �-Tv- 561-274-8505 Fax: 561-274-8506 mblanco ffisunbeltwastexorn 0 - 0 - film mk=r- - Seft. Tuesday, August 30, 2016 10:12 AM Too. Michael Blanco Subject, RE: Quote Hello again Mike, gxr2-!.&�v� want to do the job here. Also does the mounting hardware have a part number? Please include the estimated freight charges. Page 120 of 716 From: Michael Blanco fmailtmmbla sunbel -Mo Sent: Tuesday, August 1, Jen Subject- RE Quote High Here Jen, Jen I'm not pushyy nature I hate to sound like carsalesperson BUT the pricesrising II this Thursday, I Sept. Michael Blanco Parts & Warranty Manager Sunbelt Waste Equipment 2201 N.W. 22a'Street f 561-274-8506 Tuesday, a 1 2016 8:33 AM To., Michael Blanco Subjeq: R5: Quote t Page 121 of 716 Please be advised that Florida has a broad publitre s law and all correspondence to ffw via entaft may be saiNect to disdasurv.Under FlonVa records low, email addresm are public rftwd& Therefore, your eqmff coommication and your e-amil address may be mubject to pWic disclosure. From: Padello, Jen Sent: Tuesday, August 30, 2016 8:30 AM To, ' l MkhaeSlanco' Subject: RE: Quote From: Paciello, Jen To: chael Blanco' Subject: RE: Quote I don't see it could you please resend it to me? S The OtYOT ar7t MV I From: Michael Blanco mgft2:mblanco@sunbekwa=&g Sent: Tuesday, August 30, 2016 7:52 AM To., Paclello, Jdn Subject., RE: Quote Good mornin& Please recheck, I sent it yesterday probably after you had already left. Michael Blanco Parts& Warranty Manager Sunbelt Waste Equipment 2201 N.W. 224d Street POMDano-geark,-��T 561-274-SSOS Fax: 561-274-8506 mblancooDsunbeltwaste.com J�i�T-Mrvl 014M 'no NNIOM �f7MI;MUN7ror,t N747 rl.", 2 Page 122 of 716 Good mom ing Mike, due to the cost and we are alsi, n n earing our end of year cut off dates. America's Gateway to the Guffstream Ptp be advised dmt Florida has abroad public records fffw and all cormsPandence to jae via enwN awy be n6j to disci osUre.fl nderFlOrldo records low, ernaff addresses are Public rftvrds. Tfam. your @.WWjj cmmunkoefoo and your e-mif address maY he subject to public disclosure. From: Paciello, Jen A To: 'Michael Blanco' tedt: RE: Quote a C nipase? also add the labor in if they should decide to do so. From: Paciello, Jen Sent- Monday, August 29, 2016 2:30 PM e' it Blanco' SU ect: RE. Quote HTd o-iting hardware Is? S ru From-. Michael Blanco (MallLmblancoffljnbeItyvast &amj Sent., Monday, August 2.9. 2016 2:26 PM To: Padello, Jen Subjecta. RE: Quobe Jen, The Python Arm Assembly would run $27955-00. installation would be 25 to 30 hours at $98.00/hr. I lust checked and the factory is showing 7 at this time. a tea 40opl-, grabbers arms or mounting hardware. Everything included, I've attached a picture for you to see. Page 123 of 716 i ■ ? i i ■ N e one M for you. Monday, August2016 9:54 AM To.- Blanco ei- oo# morning Mike, III' M1 1O* Model 612-3612 Complete python arm assy ts the part In stock not Please be advised that r1oridd hos a brood pubUc records low and OU cOrresPundence to me via email may bp subject to disclosure.Under F14DrMO records low, @muff addresses are u fic records. Therefore, your e-mail communication and your if address may e subject to paMic disclosure. Page 124 of 716 Estimate For., CITY OF BOYNTON BEACH P.O. Box 310 '\ / Boynton Beach, FL 33425 Estimate Customer No.: C1BOf0.T0V- Qu,\ t: 3940 REPLACED 093-3305 LIST$ 22445.00 093-3247GRABBER KIT, TRI -CUFF LIST $2874-09 MOUNTING HARDWARE EST, DELIVERY TIME 3 DAYS Quote subtotal Freight charges Quots total 917-1 -1 WIT 10 0 1 >+$»* I, Page 125 0 716 Pacleflo, Jen Sent: Tuesday, AugUst t r PIVI To: lb(ian@tampacrane.com' Subject: Quote Good afternoonBrain, 'WW71 parts,+ you please a me a quote for the following items: numberLift arm assembly part 093-3342 grabber kit part numberC93-3247 Mounting ha rdwa re The model 'Tbe serial number Is 7137303087 This Python IE' Peterbilt 320 LCF completeThe :' .Ii In this quote. I will need you . the estimated freight charge and the time it will take until we received the parts. Page 126 of 716 ,1 Y I LIFT ARM ASSY 7 .__ IVFF GRABBERPKIT- _ 1 372 -61139 - PYTHON MOUNT KIT SER kE&T APPROX $1 000-1.500 *PLUS._ _' °O t Subtotal u" 2s2® .15 Seim Tax Towl Sales,Hydraulic Crane Parts and Service Please see our Website @ www.tamDacrane.com for more details. 1 � An : JAMES FULTZ PARTS Page 127 of 716 . Padello, Jen From: TWix@mcneilusco.com Sent Thursday, September 01, 2016 8:18 AM T -O* Paclello, Jen Subject: RE: Quote 2766447 SQ You are correct. We cannot sell a complete assembly due to copy rights infringement lava. This should be a list of all parts needed to build the arm vAth our conversion grabber. kwjrwn�i�-, From: "Pacw1o, ion', -C�cfe1IqObw-UP Tw. n3MMmcnellusw <WbAmcnefluscocom*. Date: DOM112016 08:06 AM Subject: RE, Quote 2786447 80 are all the parts thatare needed to assemble one complete python arm. Sents. Wednesday, August 31, 2016 3:24 PM TO: Paciallo, Jen Subject: Fw: Quote 2766447 SQ �. 1 = m 1111 1 11111111 �illill� IIIIIIIIIIIII! III llm= M h I IT -M = I tho I i ILI, F MIT7tt-rMi Vi I I a7V 17IVf A to, i V7w4*f --I-, I -W41L' I itof Mf 1t t 48N Page 128 of 716 no responsibility or liability for any loss, injury, damago, cost or expensvFRI IVVWPLJI-9��JWM thereof by the recipicnt a d! Iii I�'..4 i IN EI IMM €Izmir, America's Gateway the Gulfstream AON no-responsloffity—offfia-6MW Tor any lu: til thmwf I the r6cipient. Thank. J , R, . � at Page 129 of 716 - iq PARTSAFTB1O* R F1 510 E FIGHWAY ST DODGE 3r* W 55927 R • • 11,. R • • 11' 11' R • � 11" R # • If` r MCNEELUS TRUCK & MIFF&• rE' • a =+' r - CHICAGO. IL ,•+ Page 130 of 716 :1YOU FOR YOUR INQUMY ARKL1FT.WLD1rXM0N N 1237592 1237582 1,861.0100 RA 11861.01 LTNKJXVELXYTfl0NN 1237587 i 1237587 764.4000 RA 764.40 H-BRAMPYTHONf 1.,. !1237590 1237580 1,742.2000 EA 1,742.20 •N 11237585 1237585 719.7100 EA 719.71 C.YLL�- ' 1 F...748.29 RA LINKAEACHYMON ARM.HEIL x 1237584 1237584 1,291.7900EA 11281.79 ►! 215W.4900 EAL2,599.49 C1jGWJ)UA(FjMM RR & PYTHONN'►" t'i',, 268.9600 EA 269.96 GBR,STD F OR. FYTHON 3,882.270D EA 3,882.27 REBUILD M.PIN BRG SLYWHON N 1404103 14041(8 1,108.0000 EA 1,108M SPACSkBRG,I.50.PM0N N 123760 12376DS 14.0500 EA 196.70 RETATMX,B.. i, ...1237590 16S300 HA 67.72 WASILTHRUST.PYTHON N 1237591 1237591 11.78W EA 47,12 =of: moil ! 1 # Qd- ANY .. AUTHORMATION. OF MERCHANDISE MUST HAVEPRIOR PLEASE OBTAIN A MMJRN AUTHORM-AnON Original COpy INVOICES BE SUBJECT Nii `- ► BY TO A FINANCE CHARGE z DATE" OF I % MjhMER . YOUR fINSIDE SALES CONTACT RETMNS ARE PER NORM (12% ANNUAMY). ' lars SUBIECr TO - MIND" fCHARGE OF 15%. Page 130 of 716 PARTS AMMMARKETPARTS-DOOR Ft EMGHWAYST 0 + 55927 1 + a ! 1' # >1 #' ! ` i i#.. ! • ♦ M t # ' ' ! it �'! it � [�' ! R � ' ! 3 1' #'! � ' QTY' ,. D .SCRiP�I�C1N. '' PART T i 00# :SXT'PTti SFa ;r. _ SUBTOTAL 15,29166 SALES TAX -Vo l5.n7.66 ANY RETIMN OF MERCHANDISE MT HAVE PRIOR INVOICES NCrr PAID A z M THE MM DATE WILL . p t NUMBER 2% ANNUALLYX oil SUBSECr TOFROM 1 F 15 . Page 131 of 716 Paciello Jen � t Thursday,Frwn: John Mentz <Johnrn@J1mequipmentcom!* i , Jeri 'pigQuoteR ' !i T-171=17 ♦ R ' # R \ . John Mentz, President JLM Equipment, Inc. (6W) 676-2244 Office (676-2288 Fax 528-2141 I Email: Johrim Hme u! O,4 MML l H i CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the solethe intended i i } and may containi i I and privilegedinformation. review, use, disclosure or i t' ui is prohibited. It you are not the intended recipient,I I e-mail and destroyall copies of the original message m_mm From: .,.�cl IIFs ® .. .�.._'___ .i IIJ ] Jeri Thursday, r 1, 2016 10:26 AM : John Mentz <Johiarriftmequipment.com> : Quote Needed John, were you able e the quote yet?I have until noon to put this order In our system because it needs to be approved commission. Page 132 of 716 Mf # From: Jahn Mentz [mailto:Johnm@jimequlpment.com] Sent: Thursday, September 01, 2016 8:15 AM Padello,J Subject, RE. Quote Needed f I# R ♦ � R 1 # !l :. ■' a ♦' f # ! w i / � ► � 1� ' _ John Mentz, E JLM Equipment, #, t. ► 1 . 2244 Office (8 63) ►' f ' (863) 528-2141 Cell r.�U��11' T'i e-mail and destroy o# - of the original message From: # Jen Tmal1to:Pacle1IaJAWbbfl.us SeptemberSent. Thursday, #1 !s3 AM John Mentz <J. ! ! Subject: RE: Quote d wouldknow how long it # ! f / Page 133 of 716 _ Reese be advised that Florida has a broad pubik records iow and dif carr espendeme to rne via mail my be subject to disclosure-bWw Fiadda records law, emuff adesm are Public records. Therefom. your e -mil ccation and your e-moff addrem nwY be "Ject to Public dbcksure. From., Padello, Jen Sent., Thursday, Sepbember 01, 2016 7:59 AM To: 'lohn Mentz' Subjed: RE: Qucte- Needed From: John Mentz [maftJohnm!@Jln3gguWmLnJ�M Sentdo Thumday, SepWmber 01, 2016 7:53 AM To: Padello, Jen Subject: RE: Quote Needed TUTWI - 4P 0 0 1 a John Mentz, President JLM Equipment, Inc. (863) 676-2244 Office (863) 676-2288 Fax (863) 528-2141 Cell p: T J-zr CONFIDENTIALIT`Y NOTICE: This e-mail message, including any attachments, is for the sole use of the Intended recipient(s) and may contain confidential and privileged Information. Any unauthorized review, use, disclosure or distnbution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message From: Paclello, Jen [malItg:PacIelIoJ(Mbbf1.0 Sent: Thursday, September 1, 2016 7:SO AM To: John Mentz <Johnm@jImeguipment.corn> Subject: RE: Quote Needed John, A179musal please Include the mounting hardware and estlmated freight and how many days out the parts are. if you are unable to quote this one please let me know asap, I need to get this quote quickly. Page 134 of 716 From: John Mentz rmalltojohrimCMImegulpmentcom importance:Sent: Wednesday, August 31, 2016 3:54 PM To., Padellb, Jen SubJect: RE: Quote Needed High attachedJen, ber093-2643. I hall breakdown ofthatpart so you - you "'d. Can you ■art(s) you are looklng foron * drawing or ■ ■ me a photo ■" what you need Trying to get you of quickly as possible. Thank ■ John Mentz, President EquipmentJLM Inc. (863) 676-2244 Office (863) 676-2288 Fax 528-2141. Cell Email: job 0m@flm__@gu1pMenLcom t www .il i ment.corn CONFIDENTIALITY I is e-mail message,i , Is for the solethe intended reciplent(s)i t l I and privilegedinformation. Any unauthorized rev s l i tl i r ' . I r i i i n , I t ®I e-mail and destroyall copies of the original message Wednesday,Augustr 2016 11:48 AM J tzi t. > RE: Quote Needed Page 135 of 716 John, C1V-q1!-VX124;Y-11111r' getting the lowest bidding vendor -and we are nearing our end of year and Vill need to get this order approved and invoiced In a- real short time before cut off. 11 I N I, f 4�,J 1, 7 1. 9"M , R' il , ii I i , i 1, From., John Mentz [migl1gjohomam I M—elubm—m-LM—M] Sent. Wednesday, August 31, 2D16 11:44 AM ® Padello, Jen Subject: RE: Quote Needed Jen, n1c: install a new air valve. The kit fbr the Bridgeport arm will only work to replace a Hell Rapid Rail Arm, not the Python. iwa i-6q*jEAaJ Xu -:c m -,l Tet a fbrward quoted to you. I should have something for you by tomorrow. Have a great afternoon. VEEZM31 =70 John Mentz, Presid- + + equipInc. (863) 676-2244 Office (863) 676-2288 Fax (863) 528-2141 Cell whm�mlr�"11 Page 136 of 716 CONFIDENTIALITY _ a#- including any attachments,the sole use of the -• reciplent(s) and may contain confidentialand privileged information. Any unauthorbsd review, use. From:Asclosure or distribution is prohibited. If you are not the intended recipient please contact the sender by reply e-mail and destroy all copies of the original message Paciello, Jen . ';a ". ! bb Wednesday, 1 To: 1 + fteg u loment.coop, QuoteSubject., RE: c r Good # a r R. r ry = advisedPlease he records law, email addresses are publkrecords. Theref"e, your e-mail communkation r From: Padello, Jeri Tuesday, : 1 2016 To: 'JohnF Subject: RE: Quote Needed ■ L'. ■ youwork up e quote on theBridgeport you f ':grabberandmounting hardware?indicate John Mentz [maIItoQ2hp_mNImegW=n&QQ_m1 Sent: Tuesday, August ill,, Subject: RE: Quote Needed #o! afternoon. the arm with Bridgeport (we have a kit). Usten if you guys are hurting I can come up with a solution for you. We may have a ready body or two at the factory ready to mount, and I know I can find chassis an the ground. I could have a brand new Bridgeport ASL In your hands in 4. i •' a r#'R on !1# Page 137 of 716 the body and the arm, and two years on the hydraulics,it get a proposal put together for your perusal. meantime, I will look for the parts you need. Thanks for the opportunity. John Mentz, President JLM Equipment, Inc. (863) 676-2244 Office (863) 676-2288 Fax 1 Cell Email: i I i e. www .'I i CONFIDENTIALITY i i it message,i l i , is for the sole intended reciplent(s)confidential and privilegedinformation. Any unauthorized review, use, disclosure r distribution is pmhlbited.If you are not the intended reciplent, pleasethe sender by reply e-mail and destroy all copies of the original message Fro From; Paciello, J i1 ci It .s Sent: Tuesday, August 30,2016 1:17 PM J 't l Sublect. Good afternoon parts,We have a Hell Truck here that needs some please send a quote following assemblyLift arm part number Tel -cuff grabber kit part numberr* modelMounting hardware The , The serial number Is 7137303087 This Python arm Is on a Peterbilt 320 LCF The complete vin number;0 -will take until we received the BoyntonJeri Pacleito Service Writer City of Boynton Beach, Florida 33435 a: 561-742-6294 1 f: 561-742-6295 Pacielto.lftbfi.us«. M Page 138 of 716 711MV-11, 11IFT! , � W . 11 � I 1 11 1 1 1 ................. ....................... ------ . . . . . . . . . . . . . . .................... ........... . . . . . . --- . . . . . . ....... SHIP VIA SALES REP END USER Best Way im City of Boynton Beach OW2643 Mr = F �, 673-11 47fj� ', t . 3 J. I 'ekdr—JAd I 11P four cost to $818 I PiThOr; Complete Pytbon Arm Assembly NOTE: DUE To LEGAL PATERT ISSUES. WE CAN ONLY SELL AND SHIP THE COMPLETE ARM IN PARTS - WE CANNOT SHIP PRE -ASSEMBLED. Miso Hoses and installation hsrdWar�!— Thank you far your Inlarest In our firte of High Ouidly Productsl SUBTOTAL SHIPPING TOTAL I V MMT,-�� K,14K, 3� Page 139 of 716 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 161452 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 09/07/16 TO: AMj - TRINOVA - FL 4110 SOUTH FLORIDA AV SUITE 200 LAKELAND, FL 33813 SHIP TO: City of Boynton Beach EAST UTILITY ADMIN 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 PROCUREMENT SERVICES: ACCOUNT NO. PROJECT 403-5000-533.65-02 WTRO17 P.O, TOTAL PURCHASING Page 140 of 716 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 2.00 E.A CCM253-EK1005 LIQUISYS M 1415.7900 2831.58 2 2.00 EA CCS120-ASO TOTAL CHLORINE SENSOR 1593.8500 3187.70 3 2.00 EA CCA250-MO-FWWFTT:..'.W: 653.1500 1306.30 4 2.00 ZA CPK9-NHA -.�:-b4F4-AS.::CMt8 428.4300 856.86 5 2.00 EA plpmx- :�`-v F . REMOUNTED,mINS TRUMEN a 9 0 0.0000 1800.00 ANDY m 6 2.00 EA �' EKu1305 LIQ M 0 2 0 0 3432.04 m -'s TTER 7 1.00 EA::::�': :.-C-.'C-k'2'0 -A60. TOTAU" CHLORX-kt SENSOR --8:0.0 1593.85 8 1.00 EA,..�.' �CCS.l 4 1=P :�'. NE T' 0CHLOR. RACE SENSOR da. 0 2636.56 9 1.00 EA::':::':-CP-S:11-1BA2ESA ORBIBINT PH COMB 254.91 10 2.00 EA ::,C.. 2X9-NHJUCMEA8. CABLE 42$ 434)0 856.86 11 2.00 E . A .% C CA25 0 MO FLOWPIT FLOW. ASSEMBLY '..3.1 00 1306.30 12 2.00 EA �::.....:PANEL WITH PREMOUNTED INSTRUMENTS 1800.00 AND VALVES CH Y-,ZERS 'kEQ ..N LORINE AM.. ul-A-ED.-:: BY: 'A... '..IN--'XIND PRbcytdt'm: t0k9EN'tbR'-'D QUOTE -41161044-6'1'-� PROCUREMENT SERVICES: ACCOUNT NO. PROJECT 403-5000-533.65-02 WTRO17 P.O, TOTAL PURCHASING Page 140 of 716 I. I y -T imz mm Im I I- E O Or 000c� 0000 z 00no O LD 0 H . . . . 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O E-, EHE MHO M 0 -�Hx WE+o MHz mpo <HE HO a4HE 9PO ME 0 CE -40 PO "HE P M THE 0 IHE 1'� E I Q OHE Q Dc C) 9 1 Q E I Q in HHE M 0 iHE �Hx Q 2 MQ 0 H: moo 000 000 00 0 moo 000 420 0 00 C:)Oo 00 H ca pq C4 L) Ili ^T CCE cq U UIEU "09 C�xu AEU '09 MEU N 0 i 'N v u u I M I4=U H O 0 E-0 m M R:OR uum MIER Uum 680 ME, M M 68M ME wo 'm MOR m WHO ROR �H CR P u u u m 8 C'n U 04 uum NUM p4um um Urn M 04 u u u u N IX I -i M zol Ln %D El co m C) H C*q I Page 143 of 716 Date:2'"i I. Requesting Department: EWTP — Contact Person: Juan Cuesta, Eng. Assoc 'Explanation for Purchase: ICHL 'R ANALYZERS USED TO t 'ice' ;, g�Qw i IX091001 TRINOVA WAS NOT , LOWEST PRICE, BUT THEY DID MEET ALL OF OUR QUALIFICATIONS/REQUIREMENTS FOR THE AMPEROMETRIC CHLORINE ANALYZERS CONSENT2 for IN-KIND Florida %moi ep fHealth �Dollar Amount ,, Purchase $21,862.96 Contract m beI NOTE. Pricing proposal for purchase must be presented in the some detall contained vAthin the contract. Page 144 of 716 REQUEST FOR REQUISITION Page 145 of 716 REASON FOR PURCHASE: ANALYZERS USED TO MEASURE CHLORINE RESIDUALS IN DISTRIBUTION �t SYSTEM.CHLORINE } FOR AN IN-KIND PROJECT PRICE, i TRINOVA WAS NOT THE 1 . i ) I DID MEET A QUALIFICATIONS/REQUIREMENTS f FOR THE AMPEROMETRIC CHLORINE ANALYZERS ` It r' (rte CONSENT for 7 DIRECT PURCHASE FOR EWTP UPGRADES FORMATION: OTHER INFORMATIO rr �t Trinova FLA Formerly }Date: 1 Address: 4110 South Florida Ave, Ste 200 Engine i} Date Needed: 09/1212016 t i Cust. Rel. BACKUP DOCS. ; DELIVERY: S SUB� a Phone contact): Dennis Parker al E. Admin. E' � Quotes/Wriften E. WTP 41 - (over $2000) en or umber: 14678 �r } Y , Meter Serv. Sole Source Ltr. f OR: Juan Cuesta, soc. Utilities ( (SpecialInstructions: �iear UVED: Project Number: t t ( ty _� 1 - CCSI A - - Total *r CPK9-NHA3Ct cable i 1=111 0111 Page 145 of 716 1 1593.:INSTRUMENTS L I 403 5000 533 02$1,593.85 SENSOR 1 $2636.56CHLORINE 403 5000 533 5 L0 35. 56 1 254.1 I I �` 403 5000 533 5 02 4.91 2 CP 3 L 4 3 0�?0 3 02 .0 3.15L FII L 403 5000 533 5 130.3 00.00I 000 53 2 $1800.00 Lid 1OfAL 403 5-. 133 65 �9 r Page 146 of 716 &t' 'es Dqparmm eat 724E Wootbright Road Boynton Beach, Florida33435 Phone (561) 742-6400 FAX. (561742-6298 QUOTATIONS ITEMSUESTED: CHLORINE ANALYZERS USED TO MEASURE CHLORINE RESIDUALS IN DISTRIBUTION SYSTEM. REQUIRED FOR AN IN-KIND PROJECT CONSENT ORDER #WP -01 7-16 ATTACH ABOVE QUOTATIONSAND SEND T* PURCHASING R DEPT. Page 147 of 716 9 K 19 Ell Tr!Nova-Florida Formerly AMJ 4110 South Florida Ave, Suite 200 Lakeland, FL 33813 800-881-1487 Office 1863-687-0077 Fa-4 01 EL�ales@trinova!nc.com CITT OF BOYNTON BEACH BOYNTON BEACP 124 E WOOLBRIGHT RD BOYNTON BEACH FL 33435 Ph: (561) 742-6437 Fx: Quotation#: 1604483 Revision#.' 3 Date: 08/09/16 Prin Quote#: 2300510010 2 CCM253-EK1005 Liquisys M CCM253 1,415.79 2,831.58 EK=Sensor Input; Software: C12/C102; basic version 1=Pcwer Supply: 115VAC O=OutPut: 1x 0/4 ... 20mAr Primary value 05=Additional Contact: Not selected 2 CCS120-ASO 1,593.85 3,187.70 Total Chlorine Sensor CCS120 A=Measuring range: 0,1-10 mg/l S=Head type: Thread NPT 3/4''; plug TOP68 O=Options; none 2 CCA250-MO FLOWFIT-W CCA250 653.15 1,306.30 M=Process Connection; Adapter: NPT 112"; w/o O=Proximity Switch: W/o 2 CPK9-NHA3C Meas. cable CPK9 428.43 856.86 NH=Cable Length; Sheath: 3m; Pvc; max. 800C A=Application; Colour: Non -hazardous area; black 3=Connection: Female jack TOP68 C=Potential Match Connection: PM wire not used r, 0�77 L M Z T i a "T."INT Page 148 of 716 TriNova-Florida FormerlyAM] 4110 South Florida Ave, Suite 200 Lakeland, FL 33813 IW ' - i .. 0 . I 171 QuOtUtionf: 1604483 Revision#: 3 Date: 08/09/16 ********OPTIONAL********** 2 Panel With Premounted Instruments and Valves 900.00 1,800.00 Panel With Premounted Instruments and Valves Consisting of: I each Y -Strainer 1 each Sample Valve 2 each 1/2" Ball Valves 1 each C 44 Transmitter I each CC 250 Sensor Holder Chamber 1 each PVC Panel(Nominal Dimensions 1811 X 26" ********OPTIONAL********** 6 0 CPS11-IBA2ESA 252.39 orbisint CPS11 1=Electrode Type: Zero point Eo=7.0 BA=Application Range: 0-14pH, O...135oC; 16 bar; sterilizable 2=Shaft Length: 120mm ESA=Head: Process Pg13.5; plug TOP68; Ex ********0PTIOKAL********** 7 0 CPK9-NHA3C 428.43 Meas. cable CPK9 NH=Cable Length; Sheath: 3m; PVC; max. 80oC A=Application; Colour: Non -hazardous area; black 3=Connection: Female jack TOP68 C=Potential Match Connection: PM wire not used 2 CCM253-EK1305 1,716.02 3,432.04 Liquisys M CC 53 Transmitter, chlorine/chlorine dioxide. Field mounting: 247x170x115mm, IP65. Alarm output: relay. Display: 2 -line, 6 languages. Calibration: CAL button. Sensor Input; Software: EK C12/C102; basic version Power Supply: I 115VAC Output: 3 Profibus PA 9 1 CCS120-ASO 1,593.85 1,593.85 Total Chlorine Sensor CCS120 Total chlorine sensor; amperometric Application: potable water; waste water; process water; pool Measuring range: 0,1-10 mg/l Tem� erare ranI e: 5-45oC * CONTINMD ON PAGE 3 Page 149 of 716 10 M ON W FV TriNova-Florida Formerly AMI 4110 South Florida Ave, Suite 200 Lakeland, FL 33813 BOM81-M7 Office 1863-687-0077 Fax FL5ales(@trJnovainc.cgm ENWREMUNG -GALU- SOVIM Quotation#: 1604483 Revision#: 3 Date: 08/09/16 PH range: 5,5-9,SpH Measuring range: A 0,1-10 mg/l Head type: S Thread NPT 3/4"; plug TOP68 I CCS141-P 2,636-56 2,636-56 Chlorine trace sensor cell CCS141 membrane -covered sensor for rirect determination of dissolved, free chlorine. Installation in assembly CCA 250. 50m1 electrolyte and 1 replacement cartridge. Measuring range: 0.01 to 5.0 mg/1 Temperature range: 2 ... 45oC, PH 4 ... 8,2 Version: P Plug TOP68, with NTC thermometer I CPS11-1BA2ESA 254.91 254.91 CPS11-IBA2ESA Orbisint CPS11 PH comb. electrode Diaphragm: PTFE Reference system: Gel Application: Standard process. Conductivity: min 5OuS/cm Working limit: refer to TI 2 CPK9-NHAC 428.43 856.86 Meas. cable CPK9 Application: Top68-plug head, IP68 MEMA6 1 Electrode plug. Diameter: 7.2mm Cable Length; Sheath: NH 3m; PVC; max. 80oC Application; Colour: A Non -hazardous area; black Connection: 3 Female jack TOP68 Potential Match connection: C PM wire not used 2 CCA250-MO 653.15 1,306.30 rLOWFIT-W CCA250 Flow assembly, CCS sensors Sensor slots: Ix desinfection sensor, 2/ORP Body: plexiglass PMMA, Flow indication, Flow control P use lbar, P in max 4bar T'Emperature 0--45oC, non-freezing Application: water, water works, ********OPTIONIAL********** 2 Panel With Premounted Instruments and Valves 900.00 11800.00 Panel With Premounted Instruments and Valves Consisting of: I each Y -Strainer 1 each Sample Valve 2 each 1/211 all Valves 1 each C 44 Transmitter CONTINUED ON PAM 4 Page 150 of 716 TriNova-Floricla Formerly AMJ 4. 10 So uth Flor! da Ave, S u ite 200 Lakeland, FL 33813 800-881-1487 Office 1863-687-0077 Fax FLSiilc5@trinovainc.com Quate tion#: 1604483 Revision#: 3 Date: 08/09/16 1 each CC1250 Sensor Holder Chamber I each PVC Panel(Nominal Dimensions 18" X 2611 Ell" 41217 Quote Total: 21,862.96 Did you know that our service team can Commission/Start-Up and Troubleshoot all of your instrumentation? We would be happy to provide pricing. *** PLEASE SEND ORDERS AND INQUIRIES TO: FLSALES@TRINOVAINC.COV,*** t Page 151 0 716 Mr. Colin Groff, Utilities Director City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 Subject: City of Boynton Beach In -Kind Project The Florida Department of Health Palm Beach County (Department) is in acceptance of your request to conduct an In -Kind project in the amount of $9,000. The project would be for the installation of two Endress & Hauser amperometric analyzers within the distribution system. This amount does exceed the $8,400 alloWed for an in-kind project in Consent Order #WP -0 17-16. Please feel free to contact me with any questions at (561) 837-5947., P'Y Enforcement Coordinator Florida Department of Health, wwww-FloridaHealth.gov in Palm Beach County www.flheaithpaimbeach.com Division of Environmental Public Health TWITTER:HeakhyFLA FACEBOOKADepartmentoffleafth P.O. Box 29,800 CISMOSS Street West Palm Beach, FL 33402 YOUTUBE: fidoh PHONE: 561-B37-5900 -FAX 561-M7-5293 FLICM HeekhyFla PINTEREIP 8JP9�2 of 716 f�} �®CL CLr Y mu 3 rD Ln CA tn Ln f�} Y rD Ln CA tn Ln Ln RD c CL C tn 1 Ln fA f�} Page 153 of 716 CL C tn 1 LU 00 Y P$' Oh 1 �} 14 Ln 00 z 0 uv Ln C V fD 0 2r IA Page 153 of 716 Expiration 60 Days Project Name & Location ChernTrac Chlorine Analyzer xa 7 7Q A i ChemTrac Residual Chlorine Analyzer $3,950.00 $3,950.00 Chlorine Residual with Local Display, Keypad, USS/RS485 Communications, Analog Outputs, one 4-20mA One Chlorine Probe, One Single Overflow Cell Probe Design O&M Manual, & One Year Warranty No Reagents Total Chlorine 0 -10 ppm 110 volts Bill Opp, Sales Representative Chernrite, Inc. 7741 Woodland Run Court Fort Myers, FL 33912 239-561-0802 cell phone 23 222-0974 Buford, GA 30518 Fax., (770) 271-4068 Phone: (770) 271-5576 sales@chemrite.com 0.00% Sales Tax $0.00 Page 154 of 716 f , F Quote 0r NO 0*1010100. ♦ :r r 124 E WOOLBRIGHT RD BOYNTON Name: Juan Cuesta Phone: 561-742-6437 e • � Sales Contact- Chad Madenwald Email: cmadenwa@hach.com Phone: 8M227-4224 X6294 Hach ., Box 608 COO 20539-0608 (800) 227-4224 Email: quotes@hach.com cx Freight: Ground Prepay and Add FCA: Hach's facility Hach TC8- (1) hvfll!,J:4 an Rcc"ncs Of Vlach's offer and not a counteroffer and ftvabg a c=. tseft Tafftc? I! tatordentes Th !the BuyaOs Issuance Of a Purchase order document against Hach's offer, (H) acknowledgement of Baynes ordw by Hach; or (111) commencement of any Performance by Hach pursuant to Buyer's ordar� Provisions contained in BuYsr-s Purchase documents (including electronic cOmmeme Interfaces) that materially ait1w. add to or subtract From the PfOvI210115 Of the Hach TC8 am not part of the contract. Due to i n ship on t re @x& lone, a ti.l3. Department of Commerce Export License may be requirad. Hach renrvss the right to approve speeitio shipping agents. Wooden boxes sultabie for ocean shipment are extra. 8pacify final destination to ensure p documentation nod packing suitable for intorngdorull bensporl. In awkiffien, Hach way require : 1j. A ggslaullml Pagel of Page 155 of 716 o0lntanded end-use; 2).1certiff lon that the intended and -use does not relate is proliferation of weapons of mass destruction (prohibited nuclear and use, chemical l biological weapons, missile technology); and 8). Certification that the goods will not be diverted contrary to U.S. law. Tenna dre Subject to Credit Review Please reference the quotation RUMber on your purchase order. Sales tax Is not Included. Applicable sales tax wHLb@Akdd*d-tmfta i�vcice ha��T f�- L Sales Contact: Name: Chad Madenwald Inside Sales 800-227-4224 X6294 Email: cmadenwa@hach.com Prepared By: Name: Chad Madenwald Title: Inside Sales Phone. 800.227.4224 ex:6294 Email: cmadenwa@hach.com Page Page 156 of 716 22. WIRE TRANSFERS: Buyer and Hach both recognize that there is a risk of wire fraud when Individuals impersonating a business demand Immediate payment under new wire transfer Instructions. To avoid this risk Buyer must verbally confirm any new or changed wire transfer instructions by calling Hach at +1-970.663-7377 and speaking with Hach's Credit Manager before transferring any monies using the new wire Instructions. Both parties agree that they will not institute wire transfer instruction changes and require immediate payment under Bre new instructions but will instead provide a ten {70} day grace period to verify, any wire transfer instruction changes before any outstanding payments are due using the new instructions. Page 160 of 716 IL 60090 Wheeling, 0811212016 Your Requeet: Codes 11 TC Your Contact: Juan Cu Payment Condition: net 30 days Customer No: 98me Delivery Terms: ex works Date: 08/12f2016 Prices: Sales Tax not included Quotation Validity: 111I0!2016 A Ims Kni I il a =11 M`# ROM 1i Pos. Part -No. Items DEA Week Quant. Price TOTAL USD 10 A -25.441,60D.0 Analyzer AM[ Cad II TIC 1 4,500-00 4,500.00 AW transmitledcontroller in aluminum case on mourting panel with folomeler and flow call for determination of total chlorine. Power supply 100-240 VACS UW Hz or 24 VDC 20 A-96.250.631 Operators Manual AM I Codes -11 TC, english 1 61.00 61-00 30 A-81.420.020 AMI Option Profibus-, Modbus Interface 1 520.00 520.00 PCB Amicom RS486 with M12x1 socket and Wring 40 A-86.410.120 Reagent set Oxycon On-line DPD, 8 s I 5.00 405.00 For the determination off chlorines, chlorine dlo)dde and bromine. 8 sets. For air transport according to IATA classified as "dangerous goods"! 50 A-95.419.200 Reagent set Oxycon On-line KI, 8 sets. 246.00 246.00 Reagent set for the determination of total residual chlorine, monochlorarnines and ozone. 60 V-9703097 Freight and Insurance Costs - ESTIMATE ONLY 140.00 140.00 TOTALUSD $V872.00 Page 161 of 716 ./\± .'. a -� ill�!1111111111!1�,l#l,�illillill��!li 11111; 1� q FRIXITI, Lead time 2-3 weeks from receipt of order Quote valid for 90 days »i<<#!« ». 11L Thank you. IL 6009!» 08/12J201 6 Page2J2 Page 162 0 716 Boynton Beach, City of Juan Ceusta 124 E. Woolbridge Rd. Page 163 of 716 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 161453 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 09/07/16 zpz!•�-- W TO: MARTIN FENCE CO. 862 13TH STREET LAKE PARK, FL 33403-2383 SHIP TO: City of Boynton Beach EAST UTILITY ADMIN 124 E. WOOLBRIGHT ROAD MOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1.00 DL 1.33 6" VINYL COATED FENCING 5427.0000 5427.00 20ILF 2 6.00 EA 1.43 6" ;.' MM41NAL VINYL V.: 230.0000 1380.00 POST 3 20.00 RA 1.23 .6. PQST, AAI /VTM..-'..COATEP 70.0000 1400.00 4 1.00 DL 1.42 :6 VINYL COATM -GATES: 80.0000 3080.00 5 1.00 DL 7-,:5.3 0:11::: FENCE . REMOVAL 1.561..0000 1561.00 !MARkS - �-'IRVPLACE - VVNCE AT 1'::':MIL GALLON STORAGE T.. IGGY13A CK CITY--�.'.:�OF ;;WEST: PALM 131D 13-14.:.----- �SEE ATTACHED QUOTR DATED 8/29/i .. ..... a m: m X. . ... PROC U REM ENTS ER VICES:P.O. �12848, 00 TOTAL - ------------------- --------------- dgQx"'� ACCOUNT NO. PROJECT 401-2811-536.62-01 -------- - --- -------------------------------------------- PURCHASING Page 164 of 716 Page 165 of 716 OD m 0 0 ri co 04 C4 CO 0 �v m 0 nD a W w 11 Go n rq Tq cli 0 H z P,C> C3 EG 0 C) 0 0 0 m 0 Q o 1 PI P U 1 a CD, 0 CD 0 0 0 0 0 cn m 1 M N w rn 0 � cow CD Ln dl Co. I 14 . I I Ln -H8 C9 0 i Ln C> C) 0 a 0 a a 0 M F-I M N L- r-I 0 1 K) . 1 C) 0 C> C3 0 0 C3 0 a LD z C; 0 P C)N cli M co C� ko Ln 6 0 C) w I m �q FA C) z co W Go r-i H 0 0 N 0 z > I FX4 F3 0 H WE CD 0 is I z H iP4 p4zi H 94 CO F4 PC 0 E'1 A kD ri E-4 u Im 9 : ml DZ3 9404 >z N El m I 10 1 0 w z 0 1U HH FIz Ix W P�W W 0 0 0 0 0 14 H rQ H Ix H 9x a4 H M rid 9 04 04 P4 Ix C4 P4 A4 z r-I 0 , 9 0 049 Cqum u WQ U w U um u1 I OWN r4 �MC4 Ix mw9 P IX Mw W Mm€5 Ix G7 C7i9C i%C7E7C7C2 H Z -La Hb] U24 z z "S H ca xa 4 '� 0 w upo .O CA co wQ4a Its m Qa I HHHHHHHF-IF-i rx W 2 ON M HHHHH E� H m Lb 0 P P 0 C-0 0P OCP 0E E 'co NZ uj QWZ HMZ QNZ -rn Ft4wz I WMH WMH >PH MPH QFi 1 P H PH I-H E-4 H OH I r7j Om ON �4 P4 CuIX 0 W N 0 M OWN Ow W W Cuw w w w w w LO w w m 0 Z Z �H Z E-4 u I mmmmm 0 f H ao H}40 m 0>40 Z -.. W>dn I In m Ln In PH q -4 H m rq o - N 1 HI >PO HE N P 0 HE >PO NPO 1 H r-I .i H RGO It P41 cm = m m PE t HE Q HE , nz p co co co co 0 E� 0 H IDR WRO WOO WOO woo 1 ON N N N N u 1-4 �-i -i H " H u H 0 CFSU W. 8 L) zu m U dUO a a 0 6 H 0 cn U m MER dr 0 m N 10 m M WEP., MI .O ds v q Q4 QP Ejrjl . Uln •rjm 1-4 E CY M a, 11 HH Z Z 134 P r4 rq m Ln Z H N Ln cn H R CY M Page 165 of 716 i Page 166 of 716 Date: 31 -Aug-1 6 Requesting Department: EWTP — Contact Person: Phill Taylor, Chief Operator 'Explanation for Purchase: -- Replacement of fence at 1 Mil Gallon Storage tank. Piggy back The City of West Palin Bid 13-14- 141, Fence Maintenance and Repair Services lRecommended Vendor Martin Fence Co Vollar Amount of Purchase $12,848.00 Uontract Number: Bid 13-14-141 NOTE: Pricing proposal for purchase must be presented in the same detail contained vAthin the contract. Page 167 of 716 a Page 168 of 716 REQUEST FOR REQUISITION .T. . ENTRY DATE: 08122J201 ,T'.. REQUISITION Clerk- Procurmnent 't: Director - r:Citi City r (nor budgeted ca ital and/or Mr -- REASON FOR PURCHASE. Replacement of fence at I M11 Gallon Storage tank. Piggyk The CityOf est Palm Bid 13-14-141, Fenno-Maintenanceand Repair Services INFORMATION.VENDOR 1 I lF Tt Name. Mawtin Fence Co rnl ( t : 17 2016 ArldrMess, 66213t ngln rl ( ) oto d:OOf2i016 Confirm. { } Lake Florida 33403 Cost. Rel. ( } ASAP/Conf. ( F Distribution L Phone ( c;t}: Nolan Greene Water Qual, notes/Verbal ( . d-mIn. 40 (X) 1®677®777®3212 over $50 Pumping QuotesWriften E. WTP1 ( } over $2000 Vendor Number 1663 PWTreat. _ (X Bido { }W. WTP42 ( } Meter Serv. Sole -Source tr. ( ) Pitt ( ) INITIATOR, Phill Taylor, Chief Operator Sewage ( ) Insurance ( Special Instructions: Re i meats: Strmwtr. Project Number. roan. Unit Price loni& Fart Number Frond De t Basic Elem fib' rrrourrt 207 LF $27. 1.33 6' Vin l Coated Fencing 401 2311 536 62 01 $5427.00 6 $230.00 F; 6' Vinyl Coated Terminal Posts 401 2611 536 62 01 $1360.00 20 $70.00 EA 6° Post GalwVinyl Coated 401 2311 536 62 01 $1400.00 2 LF $140.00 6'Vinyl Created Gates 401 2611 536 62 01 $3060.00 223 LF $7.00 6' Fence Removal 401 2611 536 62 01 $1561.00 TOTAL 401 2811 536 62 01 0 a Page 168 of 716 Modes Department 124 E Wooffidght Rado Boynton Beach, Fluids 33435 Phone (561) 742 FAX: (561 742 98 0 * W ` , r e: Replacement of fence at 1 Mil Gallon Storage tank PiggybackTheClty of West Palm Bid 13-14-141, Fence Maintenance and Repair Services ATTACH THE ABOVE QUOTATIONS ' #' PURCHASING DEPT. Page 169 of 716 -'- City 1 - C1tY1CKb=&1ALM—� P h o n eaU-%.k&1L2a-- B u s ire s a Total FcotaqeA Gate Posts Gatesl-L-kaaa,_ - Z%VMZM- Customer authorizes t installation of the fence Al responsibility for accuracy sketches. by customer or a fee will be charged , $75 per hour/ minimum of I hour. JK 1A.A Uit-fa rV12 I (61 k4k %AV L CAM Vc, FTr-"CAk-hC-m 4,jti I (0 �511,4YL C -QA -Mb TI Ls-"I*k1d%Q -�-'b (s, L"S 0 ia t V-"( 1,161b V rv*jc---- llw-mwAt- 1'k,1krb I -F v. trft(Ak Total Price IMIL Approx. Delivery Date Less Deposit PLsd Week C.O.D. on Completiono:J�.. This contract subject to TermA and Conditions on reverse side. Oral ;I representation's cannot be reliea on. No modifications to this contract will be honored unless in writing and signed by both parties. [.haireby acknowledge the Satisfactory -If"PletIn't Of NTA -r Customer—, Customer_ Page 170 of 716 nom- Robert Greene, President Martin Fence Co. 862 Lake Park, FL 33403 W00-1 401 Ckmatis Street, Sth Floor West Palm IB"Ch, Ft 33402 TEL: (561) 822-2100 FAX: (561) W-1564 MLE-MR-H ammamiwp RE-' Letter of Intent to Award ITB No. 13-14-14 1, Fence Maintenance and Repair Services This letter will advise you that Gomez and Son Fence, Martin Fence Co., and Clipco, Inc. dba Anything In Fence have submitted bids for the subject Project that have been determined to be the best value to- the- -City x1he-, ULIQ-3 The work to be performed under this contract shall commence base on the Work Order issued as attached. The Contractor shall Provide Work Order quote base on the contract price. Please make arrangements for insurance documentation to the City of West'Palm Beach named as "Additional Insured" on all liability Policies. Please send a copy of the Certificates of Insurance for General Liability, Automobile Liability and Workers' Compensation as outlined in the ITB document to Josephine Grosch at h - w b.o , so the contract documents can be compiled and duly executed. Thank you for your cooperation. We look forward to a prosperous woridng relationship With your organization. If you have any questions, please contact Josephine Grosch, Senior Purchasing Agent at 561-822-2107 origrosch@wpb.org. Frank Fusiek/Watershed Management Glenn Semanisin/Engineering SeMces File Page 171 of 716, 1 7. Standard of Care. The standard of care for all Services performed or furnished by Contractor under this Contract vvill be superior to the care and skill ordinarily used by members 0 ra 8 n pracficing under similar circumstances or at the same time and in the same locality. of C nt ctor's profes jo 8. Complia Ce with Laws. In the conduct of the Services under this Contract, Contractor shall comply in all material respects vvith all applicable federal and state lawms and regul I W-wlw!-/�Nnd procurement req, FORM MASTER SVS 050713 Page 173 of 716, 30. Wa yr ive_. Any waiver by either party hereto of any one or more of the covenants, conditions, or provisions of this Contract, shall not be construed to be a waiver of any subsequent or other breach•the same or an�A Covenant, condon or provision of of this Contract. 31. Headl Z!20.9 -1n -E& The headings contained in this Contract are Provided for d convenience only and shall not be considerein construing, interpreting or enforcing this Contract. 32. Ins Dector Gener - Contractor is aware that the Inspector General Of Palm Beach County has the tln!t, eral authority toInvestigate a;d audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Contractor and its subcontractors and lower tier subcontra Contractor understands an '011999A111 33. Entire Contract- Exhibits- Am ment. Any Exhibits attached to this Contract are incorporated inj o the terms and conditions of this Contract. In the -event of any c nflict between this oContract and any Exhibil-I this Cntract governs. This Contract embodies the entire Contract and understanding of the parties with respel to the subject matter of this Contract and supersede all prior and contemporaneous Contracts a understandings, oral or written, relating to the subject matter. This Contract may only be modified by wrift amendment executed by the City and Contractor. FORM MASTER SVS 050713 (Martin Fence Co.) - Master Fence Contract tne various oc 'PEI Page 178 of 716 IN WITNESS d bWHEREOF, the parties hereto have elowmade and executed this Contract as of the day and year last execute. FORM MASTER SVS 060713 (Martin Fence — I Qt CITY OF WEST PALM BEACH ZGera"Idlne 4Ajo' Attest: C AV. ity Clerk Date: — 20 CITY A�TT0RNEY".S; O.;zmrtz 0� FICE 'Y�T FFIeg AP�proved Orm and leg�ajjty BY' E Page 179 of 716x EXHIBIT A — TECHNICAL SPECIFICATIONS 1.0 PURPOSE 1.1 Contractor to Provide fence installation and repair services on an as needed basis. 2.0 DISPATCH OF WORK / RESPONSE TIME 2.1 Upon receipt of a Work Request or Work Order from the City, the Contractor shall prepare a detailed written estimate. The Contractor will be provided a scope of the work which identifies the specific job description and may include a scheduled site visit, 2.2 Contractor's written estimate shall include: 2.2.1 Project name and location name; 2.2.2 Work Order number (if applicable); 2.2.3 List specific unit item quantities needed to Complete the project — Identifying each unit cost to the corresponding item number located on the bid form/ fee schedule; 2.2.4 A clear sketch or drawing indicating work being quoted showing distance, and direction and swing of any gates; 2.2.5 Project start and completion dates 2.3 Contractor's written estimate shall be received by the City no later than five (5) business days after receipt of the Work Request or Work Order. 3.1 As per the "Underground Facility Damage Prevention and Safety Act', Chapter 656, Florida Statutes, Contractor Is responsible for contacting Sunshine Stat One Call of Florida b o any excavation. Contractor shall notify the City's project represent e ef re penetrate the earth. As with Sunshine One Call, the CitY will ative of the intent to excavate or before such work will commence. also require 48 hours notification 3.2 Prior to construction, Contractor shall familiarize himself/herself with the location of all existing such items through negligence on the part of the Contractor, cc t utilities and facilities within the work sites. Should damage or structural weakening o ur a it is the Contractor's responsibility to see that items are restored as directed by the City's project representative PRODUCT SPECIFICATION — CHAIN LINK FENCING 4.1.1 Inst allation Installation shall be in compliance with all requirements and instruction of applicable manufacturer. Contractor shall be visit job sites and be responsible for all field measurements and aware of job conditions. 4.1.1.3 Removal of existing fence will be paid for as separate line item since some projects may not include removal of existing fence, Installation shall be done in a neat Professional manner, The fence shall follow the natural contour of the ground (no gaps under fence) in a straight line from one point (comer) to another unless otherwise noted on the drawing. FORM MASTER SVS 050713 10 (Martin Fence Co.) — Master Fence Contract Page 180 of 716 4-1,12 Ea—bricTies: Shall be aluminum No. 6 gauge (except for backstops that shall be Pod steel), located at intervals of one per foot of length of line or terminal st, an•six (6) per ten feet (I or) of top rail. 4.1.13 —Stretcher Bars- Shall be %'or 3116" or3/." flat, hot dipped galvanized or equivalent shall be used at terminal posts and secured to same with suitable stretcher bar bands, at 244 on center mix. 4.1.14 �LensionWire: For bottom of fence and / or as specified; shall be No. 7 auge coi sp ng installed between fence fabric and posts and hog ringed to fabric at not more than twe ty-lbur ri wire inch (24")intervals. 4.1.15 AQ!-c-!-1I_9neou §_Fittinqs_: All fiffings entering into the fence necessary to make a complete installation shall be pressed steel and / or malleable steel; all ferrous material shall be thoroughly galvanized by the hot dipped method. 4.1.16 fLaint: Where call for, Contractor shall wire -brush rusted area, apply Rustoleurn primer, and apply two (2) coats of zinc -based paint. 4.1.17 §Letback' There shall be a minimum distance of three feet (T) between fence and any air conditioner equipment, gas meter, or transformers and electrical equipment. 4.1.18 Salvage- All salvageable fencing components shall remain the property of the City and shall, as part of each job, be property stored at the location designated by an authorized City representative. 4.1.19 V! Where vinyl coating fencing is specified or indicated on the drawings or Woryl Order request, material shall be in compliance with ASTM F 688 Standard industrial. Class 2b, with thickness of vinyl coating between .006 and .0010 inches. COrewire shall beg galvanized in accordance with ASTM A 640. Color - standard colors; including green, brown, black. 5.0 SPECIALITY FENCING MATERIALS 5.1 Specialty fencing materials for new applications or to repair or replace fencing may be need These specialty fencing materials may include, but are not limited to plastic, pVC, wo , wo wrought iron, and aluminum, The Contractor shall Invoice the City for these products as p Section 6.0 of these specifications. I 6.0 PARTS, MATERIALS, SUBCONTRACTING, EQUIPMENT RENTAL 6.1 Contractor,5 percent markup for approved specialty parts or rnaterialssubcontracted services, and equipment rental shall be invoiced to the City at net cost plus a percentage markup, as indicated on the Fee Schedule. subcontracted services, or equipment rental 6.2 mCoanrktruc.to'ivoie hll idicate the tottoal thceoCstonotfactthoer aslopnegciawltityh Cpaorntts aOtror'ms apteerrcl aepIn 3t, 6.3 Attached to the Contractor's invoice shall be supporting documentation that clearly shows the Contractor's itemized cost for subcontracted services or the manufacturers' opart number, descriptin, and supply house cost for parts or materials. wannum= 7.1 Contractor shall warrant that the installation is in accordance with the specffications. and ft fence shall be free from defects in workmanship for two years. 7.2 If the fence should fall to conform to this warranty, the cont ct r shall repair or replace the defective parts within 30 days of notification by the City. a 0 FORM MASTER SVS 050713 12 (Martin Fence Co) - Master Fence Contract Page 181 of 716 �11110101111 05=-I WMA - II'JIJ- A� GIME, , 4.1.2 Only items - • the following specification are acceptable: 4.1.2.1 Hot dipped, galvanized, schedule 40 Steel Pipe. SS -40 is not acceptable. 4.1.2.2 Hot dipped, galvanized steel, number nine (No. 9) — gauge fence fabric. 4.1.10 22-te —Posts: Shall be schedule 40 hot dipped galvanized steel. Posts fbr a sVWng with up to Six (6) foot maximum panel width shall be 3.0 inches O.D. at 5.79 pounds per lineal foot for fence heights up to six feet(or as indicated on drawings). -t- 1.11 Gate :�rames. Shall be two inches (2') O.D. at 2.717 pounds per lineal foot, rigidly welded at comers and internal joints to make one solid unit. Frame shall be internally braced with galvanized tubular steel of the appropriate size. All gates shall have the standard locking devices (unless otherwise noted on quote request). FORM MASTER SVS 050713 (Martin Fence CO.) — Master Fence Contract Page 182 of 716 1. SOEVICOSI Task I Pr A detailed scope of work to be performed under this Work Order is attached as Exhibit A. imUfmikkt 2. Eschedule. The Contractor shall commence services under this Work Order on the date indicated ir. the Notice to Proceed and fully complete said Work in accordance with Exhibit 3. 92MM.Isatlon: The total amount to be paid to •the Contractor by the City under this Work Order. based upon the unit Prices/ rates set forth in the Contract, shall not exceed the sum of Oulailed schedule of values is attached as Exh Wit A 4. Small 9U.31ness. The small business commitment for this Work Order is %. S. LU.Surance.- 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 City as of the date of this Work Order. 6. Contract Reference- This Work Ordershall be Performed under the terms and cond on s ei ide within t e master Contract titled Master Services Contract for Fence Maintenance and Repair, dat it scrib by and between the City Of West Palm Beach and the Contractor 2bove, ed 7. Ex-h1bits. All attached Exhibits are incorporated fully into this Work Order and the Contract. 8. Notice to Proceed. Contractor's receipt Of a fully -executed copy of this Wo a h gr this Work Order, unless otherwise indicated in this Wort-Orfpr Notice to Pro;7e; ; rk Order shall serve s t e FORM MASTER SVS 050713 (Martin Fe-Fca A LAM, 0 Geraldine Salo® Mayor Date: , 20_ ATTEST: City Clerk W Page 183 of 716 FORM MASTER SVS 050713 (Martin ncCo) — Master Fence Contract 14 Page 184 of 716; Page 185 of 716 MARinx Per Linear Foot Per Linear Foot a r Foot Per Linear Foot Per Linear alvanized Posts Corner Posts with Braces Fen2ce2 He, A,iht: 4' Each Galvanized Posts Corner Posts with Braces Each Fen2tHeiRlht: 5, Galvanized posts Corner Posts with Braces Page 185 of 716 011�10e" " Oil sts with Braces iiki�:, i� C111L Terminal Posts with Braces Fence He ht: & LEI Galvanized Posts Terminal Posts with Braces g Galvanized Posts Each Terminal Posts with Braces Fence Heicht: In Each Including Posts with Braces Fence Hei hit 42 (see Addeni 1! Each osts Including Posts with Braces enqduq2mLNo. 21,� Each Ualvanized posts Including Posts with Br ddaces Fence Hei ht: 611, Isee Aendum Each Ualvanizea posts Including Posts with Braces FEach ence HrI(see Addeng2E_i Ga vanized Posts Including Posts with Braces I Each - Fence He - Wht: I_S Adde Galvanized Gates Including Posts with Braces Per Linear Foot . Fence He ht: 4' Galvanized Gates Inclu -ding Posts with Bracs e e Pr Linear Foot Fence Height, 5' Galvanized Gates Including Posts with Braces Per Linear Foot �-FenI122 H i ht: 6' Galvanized Gates Including Posts with Braces Fence He Per Linear Foot Galvanized Gates Including Posts with Braces Per Linear Foot 'Fe10 , nce Hei ht. Page 186 of 716 Page 187 of 716, Per Linear Foot Per Linear Foot Per Linear Foot Per Linear Foot Vinyl With VinYl Coated Top Rail Fence Height, 10, Per Linear Foot os?s 'A Corner Posts with 13races Fence Heil I ht: 4' Vinyl Coated Posts Corner Posts with Braces FI!! ht0 1 - 5' 1 Each Vinyl Coated Posts Corner P Osts with Braces I Fence He' ht 6' Each V1nI` oated Posts Corner Posts with Braces Each Fence He ht, 81 Vinyl Coated Posts Corner Posts with Braces Fence He, lip tj 0 Each VInYl Coai7ed Terminal. Posts with Braces 7 Each . Fence Vinyl C Oated Posts Terminal Posts with Braces Eac F,I I ht: 5' ence He Vinyl Coated Posts Terminal Posts with Braces. Each Fell ��ce 'Height: 6' Vinyl Coated Posts Terminal Posts with Braces Each Fence Height: 81 Vinyl Coated Posts Terminal Posts with Braces Each Page 187 of 716, Company Name: nf a In__ -I Addendum No. 1 Farm Type Fence 7FE-i-OT—Ti-pe—A-Ti—r�b—er-iSost —Fence plain wire in lieu Of top & bottom barb wire plain wire in liewqwt ",�- FenceLtHimift, Type A Tinibej �Poqt Fence— r/Pull Panel - Plain wire in Le�_ r A IWjv I A Tim ber_P�o_st"Fence Panel Fence Helieu of top & bottom barb Awire lht: 51 -MUT _Typ� Aldt—eel P_o�t F�e_nce�__ plain wire in lieu Of top & bottom barb wire Fence Height: 4' FDOT Typek steel P—&s- �Fence�� •plain wire in lieu of top & bottom barb wire Fence Height: 5' D6 k` A —Steel post Fet�c—e CorneriPull Panel - Plain wire in lieu of top & bottom barbovire Fence Height- 4' F DO T Type A S tee I Ron t Fence Corner/Pu)l Panel - Plain wire in lieu of top & bottom barb wire IFence He!-qht: 5' IM Per Linear Foot or- , Per Linear Foot Per Each Panel Section Per Linear Foot 01 Page 188 of 716., ITS No. 13 - -14-141 033) 6 of 6 Fence Maintenance and Repair Services - sc 8cWe (Revised 9110i14) Signature of Officer AWX�--d to b,,.I�,,. ",Irm: Is Company certified SS a Small Business with the City or Palm Beach County? If 08, Ottach COPY Of Small Business Certification. C V Yes — No Bushes-9/0ccupational License No.473/ -�-- (Attach Copy) Any Appficable License(s): UcOnse Type License No. FEIN Number: --- (Required) (Attach Copy) (Attach Copy) Page 189 of 716 EXHIBIT D FEDERAL REQUIRED CONTRACT PROWS—— FEMA – Non -Construction A. Funds for this project are derived from federal grants and therefbre the successful contractor must Comply with federal guidelines. The federal funds appropriated by the Federal Emergency Management Agency (FEMA) will be administered through the State Pf Florida. B. In the event of a conflict between the Federal Requirements listed in this section and other Provisions of the Invitation to Bid, the Federal Requirements will govern and prevail. C. Contract Award, The contract *11 be awarded on th'e' basis of the lowest responsive bid submitted by a bidd 'meeting the requirements of the Invitation to Bid. V No n -D 1$ S_r�lm_ Ina _tIon During the performance of the contract, the contractor will not discriminate against any employee or applicant for ernPloyment because of race, Color, religion, sex or national origin. E gkjgMk The following requirements will apply to the awarded contract and any sub -contracts: (1) Ag–e. In accordance with section 4 of the Age Discrimination in Employment Act of 196�, as amended, 29 U.S.C, §623, the Contractor agrees to refrain from discrimination against present and Prospective employees for reason of age. (2) 21!sab1IitIe§. In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. §12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to" Implement the oEqual Employment Provisins of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue, F Compliance MI—th.. State EnergX Policy and Conservation Act6 Contractor shall comply with all mandatory standards and Policies relating to energy efficiency contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L. 94-163, 89 Stat. 871). G. orment SuRiDenslon lnel I.- f and Volunta L0LEKcJuSlon Prime Contra-_: (Applicable to all Federal -aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily Fesult in denial of Participation in this covered transaction. The prospective participant shall Submit an explanation of why it cannot provide the certification set out below, The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, 'failure of the prospective primary -participant to fumish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective Primary Participant knowingly rendered an erroneous FORM MASTER SVS 050713 is (Martin Fence Co.) – Master Fence Contract Page 190 of 716 certification, in addition to other remedies available to the Federal Government, the depaitment or agency may terminate this transaction for cause of default. d- The Prospective primary participant shall Provide immediate written notice to the department or agency to whom this proposal is submitted if any time the Prospective primary participant leams that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances - a. The terms "covered transaction," "debarred," "suspended," 1n-et!gIbIe_,,, "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 department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations, I f. The prospective primary participant agrees by submitting this proposal that, should the Proposed covered transactionbe entered into, it shall not knowingly enter Into any lower tier covered transaction with a person who is debarred, suspended, declared neligible, or voluntarily excluded from participation in this covered transaction, unless authairized by the department or agency entering into this transaction. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant In a covered transaction may rely upon a certification Of a Prospective participant a lower tier covered transaction th8t is not debarredj suspended, ineligible or volunta excluded from the covered transaction, unless it knows that the ceftification is, erroneous, Participant may decide the method and frequency by which It determines the, eligibilfty of ii principals. Each participant may, but is not required to, check the nonprocurement portion of nj "Lists of Parties Excluded From Federal Procurement or Nonprocurement Program (Nonprocurement List) which is compiled by the General Services Administration. I. Nothing contained in the foregoing shall be construed to require establishment of a system records in order to render in good faith the certification required by this clause. The knowledg and information of participant is not required to exceed that which is normally possessed by prudent person in the ordinary course of business dealings. Except for transactions authoNzed under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certiffcation, Regarcling DebarmenjLsus:rens�w�"�g mAr;—.Ya —Ptimary Covered Transactions: The prospective primary participant certifies to the bast IL�, r. a. Are not Presently debarred, suspended, PrOPosed for debarment, declared Ineligible, or voluntarily excluded from covered transactions by any Federal department or agency, FORM MASTER SVS 050713 I'Martin Fence Co.) — Master Fence Contract - ECI 16 Page 191 of 716 b. Have not within a 3 -year period preceding this proposal been convicted of or had 8 of judgment rendered against them for commission of fraud or a criminal offense in connecti with obtaining, attempting to obtain, or Performing a public (Federal, State or local) transactl or contract under a public transaction; violation of Federal or State antitrust statutes c0mriiission of embezzlement, theft, forgery, bribery, falsification 'or destruction of reco, making false statements. or receiving stolen property: r C' I tdi c. Are not presently indicted for or otherMse criminally or civilly charged by a govemmental ent' (Federal, State or local) with commission of any of the offenses enum erated in paragraph lb this certification; and d. Have not within a 3 -year period preceding this application/proposal had one or more publi transactions (Federal, State or local) terminated for cause or default. 2, Where the prospective Primary participant is unable to certify to any of the sttements in this certification, such prospective Participaa nt shall attach an explanation to this proposal. ,2) Instnirtinng Mr r_ph4iFJV__ jubcontracts., (Applicable to all subcontracts, Purchase orders and other lower tier transactions of $25,000 or More - 49 CPR 29) aBy signing and submitting this proposal, the PrOspective lower tier is providing the certification set out below. b. 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 Prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies originated may pursue available remedies, including suspension and/or debarment. sectl available to the Federal Government, the department, oagency r with which this tran on c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant leams that its certification was erroneous by reason of changed circumstances, d. The terms "covered transaction," "debarred," "Suspended," "Ineligible," "primary covered transaction," "participant," "person," "principal," "Proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definons and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted fbr assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the Proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspe 1 nded , declared ineligible, or voluntarily excluded from participation in thls covered transact on, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it wili include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification. in all lower tier covered transactions and in ail solicitations for lower tier covered transactions. A participant in'a covered transaction maY reIV UDoi a cavifin.9tisT zf z v--m— FORM MASTER SVS 050713 17 (Martin Fence Co.) — Master Fence Contract Page 192 of 716 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 Nonlorocurement List, h. 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 is prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions. if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government. the department or agency with which this transaction originated may pursue available remedies ncluding suspension n o debarment. , i a d/ r �Certfflcaffon Regant7 Debarmen( S AIA-•lzr_"• k =4,_ _ATV6MA1JFj — Subconitracts and Purchase orders: The prospective lower tier participant certifies, by submission of this proposal, 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 tepartment or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal, Mliff7m H. ince (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) (1) The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: & 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 Federal 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 Contract, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative Contract. 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 Federal 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 Contract, the undersigned shall complete and submit Standard Form-LILL, "Disclosure Form to Report Lobbying," in accordance with its instructions. FORM MASTER SVS 050713 18 (Martin Fence Co.) — Master Fence Contract Page 193 of 716 (2) 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 31 U.S.C. 1352. Any person who falls 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. (3) The Prospective Participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,00o and that all such recipients shall cert4 and disclose accordingly. I. Access to Records (1) The ntractor agrees to provide the City, State, FEMA, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to the contract for the purposes of making audits, examinations, excerpts and transcriptions. (2-) The Contractor agrees to maintain 211 books, records, accounts and reports required under the contract for a period of not less than three (3) years after the date of termination or expiration of the contract, except in the event of litigation or settlement of claims arising from the performance of the contract, in which case Contractor agrees to maintain same until the City. the State, FEMA, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. J. No ObUgatlon by th Federal Government Absent the express written consent by the Federal Government, the Federal Goverriment or FEMA is not a party to the contract and shall not be subject to any obligations or liabilities to the City, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract, (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. FORM MASTER SVS 050713 19 (Martin Fence Co) — Master Fence Contract Page 194 of 716 Page 195 of 716 1TB No. 13-14-141 Fee Schedule (Revised 9/110/14) Lam LZERE wa NEF, MIMEMENwi i ilI 11/3/2015 1 of 5 By: Josephine Groach Page 196 of 716 Martin Fence Clipco, Inc. dba6 Go mez and co� An)�hin I In Fence Son Fence UNIT OF MEASURE UNIT PRICE UNIT PRICE U P IC UNIT IT PRICE and Vin I Coated Per Linear Foot $13.00 $16.00 $12.00 Per Linear Foot $14.00 $16.20 $4.00 Per Linear Foot $15-00 $21.00 $19.50 Per Linear Foot $19.00 $24.50 $18-00 Per Linear Foot VZOO $29.00 $12.00 Per Linear Foot $11.00 $13.50 Per Linear of $12.00 $14.00 $3 Q0 Per Linear Foot $13.00 $19m $16.50 Per linear Foot $17.00 $24.00 $16.50 Per Linear Foot $20.00 $28.00 $1.00 Each $21 75.00 $45.00 Lam LZERE wa NEF, MIMEMENwi i ilI 11/3/2015 1 of 5 By: Josephine Groach Page 196 of 716 ITB No, 13-14-141 Fee Schedule (Revised 9/10/14) 11/3/2015 2 of 5 By: Josephip Iro agesfk of 716 Martin Fence Clipco, Inc. dba Gomez and Co. An hin In Fence Son Fence ITEM DESCRIPTION UNIT OF MEASURE UNIT PRICE UNIT PRICE UNIT PRICE Galvanized Posts - Terminal Posts with Braces Each 1.18 Fence 'He! ht: 6' $180.00 $9100 $145,00 Galvanized Posts Terminal Posts with Braces Each 1..19 Fience Height. 8' $2W00 $98.00 $65.00 Galvanized Posts Terminal Posts with Braces Each 1.2 Fene-mm Woinhf- 10, $280.00 $100.00 $X00 Galvanized Posts Including Posts with Braces Each 121 Fenno Waimhf-- 4, $50.00 $0.00 $&00 Galvanized Posts Including Posts with Braces Each 1.22 Fence Height: 5' $55.00 $0.00 $Z00 Galvanized Posts Including Posts with Braces Each 1.23 Fenrlp Wainint- 91 . $70.00 $0.001 $14.001 Galvanized Posts Including Posts with Braces Each 1.24 Fence Height: 8' '6-alvanized 1 $100.00 $O.M $12.00 Posts Including Posts with Braces Each 1.25 Fence Height: 10® $120.001 $0.00 $7.00 Galvanized Gates Including Posts with Braces Per Linear 1.26 Fence Height: 4' Foot $K00 $60.001 $1 0 00 alva' Galvanized Gates I clu 1 Including Posts with Braces Per Linear 1:2T7G Fence Height 55' L c Foot $60.00 $90.001 $6.00, G al r alvanized Gates I clud, Including Posts with Braces Per Linear 1.28 Fence Hein h : 6'Foot L- $100.00 4-- $95.001 $10.00 Galvanized Gates F---- Including Posts with Braces Per Linear 1 1.29 Wenc e Height- 8' Foot 1 $120,0 01 $120.00 $10,00 F----I-Gaivanized Gates - In cluding Posts with Braces Per Linear H1.3 Pence H�iqh+ 101 Foot $160.00 $150.00 $10.00 Vinyl Coated Fencing wi with Vinyl Coated To Rail Per Linear 1.31 Fence Height: 4' Foot $2ZOO $22.00 $10.00, Vinyl Coated Fencing with Vinyl Coated Top Rail Per Linear Fence Height: 5' Foot $24.00l $5.0Q 11/3/2015 2 of 5 By: Josephip Iro agesfk of 716 ITB No. 13-14-141 Fee Schedule (Revised 9/10/14) 11/3/2015 3 of 5 By: Josephine Grosch Page 198 of 716 Martin Fence Clipco, Inc. dba Gomez and 7- Co. An hing In Fence iSon Fence ITETMDESCRIPTION UNIT OF MEASURE UNIT PRICE UNIT PRICE UNIT PRICE Vinyl Coated Fencing with Vinyl Coated Top Rail Per Linear Fence Height: 6' Foot 133 $27.00 $26.00 $23.00 Ith vinyl oat °ro it 1.34 $35-00 $30.00 $18.00 with Vinyl Coated Top Rail 1 1.35 no Height: 10' Foot $40.00 $34.00 $9.00 Vinyl Coated Posts Comer Posts with Braces 1.36 Fence Height: 4' Each $2KOO $9&001 $40.00 Vinyl Coated Posts Corner Posts with Braces Each 1.37 Fence Height, 5' $300-00 $99.00 $10.00, Vinyl Coated Posts Corner Posts with Braces Each 1 38 Fence Height: 6F $340.00 $120.00 $140.00 Vinyl Coated Posts Corner Posts with Braces Each 1.39 Fence Height: 8' $44000 $130.00 $85.00 Vinyl Coated Posts Corner Posts with Braces Each 1.4 Fence Height: 10' $480.00 $140.00, $39.00 Vinyl Coated Posts Terminal Posts with Braces 1.41 Fence Height: 4' Each $190.00 $90.00 $40.00 Vinyl oed Posts Terminal Posts with Braces Each 1.42 Fence,Height: 5' $210.00 $94.00 $7.00 Vinyl Coated Posts Terminal Posts with Braces Each 1.43 Fence Height: 6' $230.00 $115.001 $14 0 Vinyl Coated Posts Terminal Posts with Braces Eachj 1.44 Fence Height: 8' $300.00 $125.00 $85.00 Vinyl Coated Posts Terminal Posts with Braces Each 1.45 Fence Height: 10' $350.00 $135.001 $39.00 IVinyl Coated Gates Per Linear Including Posts with Braces Foot 1.4 Fence Height. 4'_ $100-00 $84.00 $10.00 Vinyl Coated Gates Per Linear Including Posts with Braces Foot 1.47 Fence Height: 5' $100.00 $105.00 $4.50 11/3/2015 3 of 5 By: Josephine Grosch Page 198 of 716 ITB No. 13-14-141 i % A, &�r Fee Schedule (Revised 9/10/14) 11/3/2015 5 of 5 By: Josephine Grosch Page 199 of 716 Martin Fence Clipco, Inc. dba Gomez and Go. An hin In ence Son Fence IT DESCRIPTION UNIT OF UNIT PRICE MEASURE UNIT PRICE UNIT PRICE Contractor's percent markup for approved use of rental equipment (To be billed at net cost plus a percentage markup. A copy of the itemized invoice from the rental company must be included with all 4.2 invoicing) Clio Tdclenclum No. 1 Farm T 9 Fence, FDOT Type A Timber Post Fence Per Linear plain it in lieu of to & bottom barb wire Foot 1 Fence Height. 4' $12.10 $8.00 $7.00 F Type A Timber Post Fence Per Linear plain wire in lieu oft & bottom barb it Foot 2 Fence Height: 5' $12.70$%00 10 $8.00 FDOT Type A Timber Post Fence Comer/Pull Panel ® Per Each Plain it in lieu of to & bottom barb Panel $445 Corner wire Section $240 Pull 3 Fence He ht:4' $275.00 $85.00 FDOT Type A Timber Post Fence Corner/Pull Panel — Per Each Plain wire in lieu of to & bottom barb Panel $445 Comer wire Section $240 Pull 4 Fence Heinhf- A, $295.00 $85.00 FDOT Type A Steel Post Fence plain wire in lieu of to & bottom barb wire Per Linear Fence Height: 4' Foot 5 $12.50 $7.50 $11.00 F Type A Steel Post Fence plain wire in lieu of to & bottom barb wire Per Linear Fence Height: 6' Foot 6 $13.25 $9.00 $12.00 F Type A Steel Post Fence Corner/Pull Panel — Per Each Plain wire in lieu of to & bottom barb Panel $500 Comer wire Section $295 Pull 7Fence Hei ht: 4' $250.00 $120.00 F Type A Steel Post Fence Comer/Pull Panel — Per Each Plain wire in lieu of to & bottom barb Panel $535 Corner wire i Section $330 Pull Fence i ht:$275.00, $120.00, Small Business certified with City of West Palm Beach or/ Palm Bea LO 1/1- 11/3/2015 5 of 5 By: Josephine Grosch Page 199 of 716 ITI3 No. 13-14-1J1 Fee Schedule (Revised 9/10/14) 11/3/2015 4 of 5 By., Josephine Groseh Page 200 of 716 Martin Fence Martin Fence Clip ClIpco, Inc. dba Gomez and Co. Co. An An thing In Fence ISon Fence ' ITEM D DESCRIPTION IT I F IT P C UNIT OF UNIT PRICE TO 7UN R E MEASURE SURE N U I UNIT PRICE UNIT PRICE Vinyl Vinyl Coated Gates +EUNIT n Including Posts with Braces Per Linear 1.48 V -p up;-kf- r" F Foot $140.00 $126.00 126.00 $10.0( Vinyl Coated Gates Incl Including Posts with Braces Per Linear 1.49 Fence Height: 8' Foot $160.00 $168-00 $10.0c 1 'Vinyl Vinyl Coated Gates 4 Including Posts with Braces Per Linear 1.Fence e Height: 10' Foot $180.00 $198.00, $10.00 Part 1. Removal and Disposal of Existing Fence Per Linear 1.51 Fence Height: 4' Foot $6.00 $4.00 $1.50 +$6-00 Linear 1.52 Fence Height: 5' Fee Foot t $5.00 $5.00 $ $&001 P ar Per Linear rLIneF 1.53 -Fencs Height:6' Foot $7.001 Per Linear 1.54 Fence Height. 8' Foot $8.00 $8. 00 $2.90 Per Linear 1.55+Fence Height: 10' Foot cot $10 $1 0-00j $8.00 $1 Part 11, Repairs to Existing Fences � Labor per an hour fort repair of Per an 21 existing fen s our $50.00 $4&00 $12.60 Contractor's percent markup for materials required to repair existing fences (Materials to be billed at net cost plus the percentage markup, A copy of the % itemized materials invoice from the supplier must be included with all 2.2 invoic! I ng) 25% 20% 'art Ill. Speclaq Fencing Installation and Material (PVC, Wood, Wrought Iron® and Aluminum) I Labor per man our for the installation of I Per -Man F- 3.1 specia _ fences materials our $50.00 $45.00 $15.00 Contractor's percent markup for specialty fencing materials (Materials to be billed at net cost plus the percentage markup. A % copy of the itemized materials invoice from the supplier must be included with 3.2 all invoicin 25% 15% 20% 'art IV. Subcontracted Services and Rental E ui ment Contractors percent markup for approved -T iF-- subcontracted services (To be billed at net cost plus a percentage markup. A copy of the itemized subcontracted services invoice from the subcontractor 4.1 must be included with all invoicing) % 25% 15%1 10% 11/3/2015 4 of 5 By., Josephine Groseh Page 200 of 716 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 161461 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 09/21/16 WEEFINT-39 SHIP TO: TO: ANZCO, INC. City of Boynton Beach 9671 CAROUSEL CIRCLE SOUT PUBLIC WORKS DEPARTMENT BOCA RATON, FL 33434 222 N.E. 9TH AVENUE BOYN BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA 1PROCVREMENT SERVICES DEPARTMENT 00 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 161461 BOYNTON BEACH, KORIDA 33426-0310 DATE: 09/21/16 VENDOR 14283 SHIP TO: TO: ZCO, INC. City of Boynton Beach 9671 CAROUSEL CIRCLE SOUT PUBLIC WORKS DEPARTMENT BO CA RATON, FL 33434 222 N.E. 9TH AVENUE BO ON BEACH, FL 33435 EXTENDED LINE# QUANTITY UO M ITEM NO. AND DESCRIPTION UNIT COST COST ACCOUNTING INFORMATION ONLY DO NOT SEND THIS PAGE TO THE VENDOR* ------------------------------- ------------------------- REQ/ACCT DATE �.Jzj3b:.;: BY PROJECT AMOUNT PROCUREMENT SERVICES: ME PURCHASING Page 202 of 716 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE ovER $ 1 0000 Date: Requesting Department: ContactPersorn. 944-L Mwrz- ,Recommended Vendor Dollar Amount of Parch ase-------W/— RWL496i5HP4ePJT r-0-9- PALM`13� Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy -Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the oontra.t. Fund Source for Purchase: &P1&36-,4 60*0 s-/Af RP 1&3(o —.# 15, 000, 0'0 Department Head Purchasing Agent Mzc�� ME= Ponn Revised ovoiw 4 d6VVt1"44-4- Date 1-7 Ile - Date " .41Z-0110 Date Date Page 203 of 716 w U3 1 �-0 H Y sIC4 1 B I 1 1 � 1 all 1 i f 1 I 1 1 1 1 1 B 1 1 1 1 1 1 1 1 1 E-A 1 Q ! E,j 1 1 e 1 1 1 eq cq 00 00 E+a in H Om t -In en 1 1 / 1 1 I 1 1 1 1 1 2 A Page 204 of 716 1 4 Page 204 of 716 e REQUEST FOR OFFICE ASSISTANCE q Date: FROM. 0 Copy Work - Number of Copies: Double -sided / Collated & Stapled Distribution: rhncl I transcription tape / OM811 (to be f orwarded u pon reque-11, 0 Request for 129 Erect Pay Req. for the attached - Vendor or person to be reimbursed, Project No.: Account Number: Vendor: eig Project No.: Account Number - ------------------ List it w/GuantitleS & Unit Costs on the back of this request. Cost: be -low a Verbal Quotes ($500 to $1,999): Vendor. Cost: Vendor: Vendor: - Cost: RTF.W-Mil ritten Quotes ($10,000 to $24,999) W/purcriases over 471, 1 Bid/City (Over $25,000): Bid # ached. t3 Other Entity (Over $25, . 0-00): Bid #, Bid Eff. Dates. & Bid Quotes - Att 0 File AS: [3 OTHER: Page 205 of 716 Mootz, it Subject: FW: Palmetto Greens Park 7771111IMMM, WIi 1049-cj M To: Mootz, Gail 4tubject: R. Palmetto Greens Park Re -pave existing walkway in side the park 11,000.00— Re -pave the H/C parking space for the ADA complian�ce 2500.00 z Remove concrete sidewalk and install handicap access to pa:rk 2500.00W Total $17,500.00 John; 1) Re -pave the exiting walkway inside the park 2) Re -pave the H/C parking space for ADA compliance 3) Remove concrete sidewalk and install handicap access" walkway to the park 4) Remove toilet partitions in men's and women's and install FVC grab bars toilets and sink to remain in existing Thanks Gail From: John Zak [mallto jzak@an-z-c-o-in-c-.c-O-mJ Sent: Friday, August 26, 2016 6:23 PM ® Mootz, Gail Subject: Palmetto Greens Park proposal for your use Anzco Inc. 9671 Carousel Circle South Boca Raton, Fl. 33434 Page 206 of 716 McTeague Construction AIS Inc. OUTMEAM OE'22 N.E. 9 th Ave T MUM=11FINKNEW Project: Palmetto Green Liner Park 421 NE 13 th Ave 1) Re -pave the exiting walkway inside the park 2) Re -pave the H/C parking space for ADA comp °' i Remove toilet partitions in mems and ladies and install H/C grab bars toilets and sink to remain in existing 5) Striping and sealing by owner Total $25,995.00 Michael H McTeague Page 207 of 716 Proposal Talley Walker Services Inc. LIC# CGC-060030 5208 Palm Way Lake Worth FL. 33463 To: Boynton Beach 100 r En 1 E. Boynton.; +. '! Box 310 Boynton Beach FL. 33425 At: Gail Mootz SUB: Palmetto Park 421 Ne t r ►� t♦ .�r - • rr r �i. - r r� ri �r r r' • �� scope of rr me, I regretfully have r submitr bid" on this project. Thank You for the Opportunity and would like a chance at the next one. Talley, Page 208 of 716 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. #: 161462 P.O. BOX U 33425-0310 BOYNTON BEACH, FLORID DATE: 09/21/16 SHIP TO: TO: ADVANCE GENERATOR SALES City of Boynton each 12351 59TH ST N EAST UTILITY ADMIN ROYAL PALM BCH, FL 33411-8547 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST PROCUREMEN'r SERVICESn ACCOUNT NO. 401-2816-536.46-21 offimmm 7w 111. 1 P.O. TOTAL: PURCHASING Page 209 of 716 11 I I I I Page 210 of 716 LD W 14 -- 0) m 0) 1 po LO Ou w M r4 0 N ko 00 I-• � Ln N t- 0 H >4 0 1 1 EI I MZ U 0 W Z 4 04 ji p4 N0 D1Q Z 0 1 r4 0 0 C) OD co 1> I 0 0 W Z U2 IKV H 0 C, W PU Co C) z N I Ln it L- I H r-I v V 0 H C4 E4 0 E4 N4 0 �3 r4 Z pp: a z w DQ M 0 H U2 90 0 0 co a 00 z co 0 10 M H U 1 w H C) Ln 0 r- w 9 pq L) 0 p H E4 Cg 0 CD pLn-sll LD IV z M 0 c C) > I a% 0 H Iv rd�: 0 W 1 p 0 m NN 0 0 u z w 0 W w H 0 W z 1 N F3 z Z4 pi DQ 0 H HZ p I Cy Cb i I P4 E u W H I H H H Ix p m N DQ 0 1 1 EA H N u 1 1 u z r:, W CY M z C14 > I I W Iz DQ rn Ix 0 a �D E-1 0 Ul : 0 W u F4 w ED 0 � B3 U m U3 N ca 04 ca E� w P>i w u3uv]u z 0 ,IL) pq u z '4 IP4 MP 1 Wpsww I pq H M POP4 rrww E4 P A WE 9;E 0 �q I-q 04 H 04 z p H N F4 I w I M 0 M C9 H > m w 0� DQ 14 4 0 pq p H WE p NZ9 -�z 9 r4 H 9H9X :)Zw mm Lq clq wuz wu I %D w 00M z CQ 0 z z 9 I Ln Ln Fi 0 I F4 `; Q- I EiW 6D CS H E4 0 E4 P 0 P: N 6HE Qx MHM 0 x 0 E-4 0 •FA z 00 4 00 H HEU zu w 6 Em 0 E m k 1 0 M 00 0 0 �) E- w U2 cy Q 14 SCJ W P4 P4 H 4 r4 M �� P4 z H m H MI H 11 I I I I Page 210 of 716 Date: 9 -Sep -1 6 V Requesting Department: UtilitiesANastewater Pui Contact Person. Joe Paterniti Explanation for Purchase: The enclosure and trailer is to replace a dilapidated one that we currently have, Since we are ir I !hurricane season we need to have working equipment that we don't have to worry about. 201M 11,0012 Source for Purchase (check and attach Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy -Back Budgeted Item Emergency Purchase Other Nam WIAW p materials): GSA PRIDE/RESPECT 77 Sole Source Budgeted Item Other Contract Number NOTE: Pricing proposal for purchase must be presented in the some detail contained within the contract. Fund Source for Purchas-10 401-2816-536-46-20 1 M, ml=�M Purchasing Agent City Manager Date—? --I -z--L6- Date Date Date VI -0; Page 211 of 716 REASON FOR PURH S : Need to replace trailer and enclosure for generators for Irft stations. VENDOR INFORMATION: DIVISION: OTHER INFORMATION: em--AdvanceGenerator SaIcs and Service, Admin. Date., 9/9f2016 ASAP ) Inc. Address: 12 51 59 Str ei N Construction Date Needed- 12 12 16 Confirm. Royal Palm Beach, FL 33411 Cast. Ite9. � S IS/Con Dist ibutrorn BACKUP DOCS. DELIVERY: SUBMITTED: Rhone (contact): Water Qua]. Quotcs/ erbal E. Ad n'.rdrn. 40 ( } _ .... (over 500 561-798®4280 Porn ran Quotes/Written over $2000 ....... .. ..... VendorNumber- 92 PWTreat. ( Bre Docs. w. WIF 42 ;teeter Sere. ( Serle Source L tr. P/U _ 99 ( � INITIATOR: oe Paternitl Sewage Insurance ( Special Instructions, ...... Re uirernents: _ APPROVED: Strmwtr. ( S APs/ S /Piggy -ba k Project Number: Quan. Unit Price bases tion & Fait Number Fund ct :sic plcount l 9552..40 AAli inurn enclosure(EMC) Level 3 9652.40 ea rac 1 4426.1 _70001b trailer / inter,grated 160 4426.1 ea gallon TOTAL 401 2816 536 46 20 1407&58 Page 212 of 716 The City of Boynton Beach Utilities Department 124E. Woolbright Road Boynton Beach, Florida 33435 Phone (561) 742-6460 FAX. (561742-6298 QUOTATIONS ITEMS REQUESTED: Aluminum enclosure and 70001b trailer VENDOR # 1: Advance Generator Sales and Service, Inc DATE: 9/9/2016 CONTACT PERSON: PHONE NUMBER- 561-798-4280 QUOTE: $14,07&58 QUOTE: ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO PURCHASING DEPT. Page 213 of 716 FF TIM flT# SERVICE, INC. 12351 5M Street N Moyal Palm Beach, FL 33411 Phone: 561-798-4280 E-mail; advancegen@att.net CITY OF BOYNTON BEACH PO BOX 310 F.x IRS no Nr# . 011M RE ALUMINUM ENCLOSU(EMC) FOR CUSTOMER UNIT APPX OVERALL DIMS 132" L x 40 W x 80" H 5052 ALUMINUM CONSTRUCTION -lE E-N1.'1SW,E I WEL I S--#UW#'A -�TWX DOORS W/KEY LOCKING, STAINLESS STEEL HARDWARE POWDER COATED WHITE LEVEL III UPGRADE 5191�� ... D E ATE ESTIMATE T 0 7/13/2016 232 oy-t-2u Page 214 of 716 over the trailer for convinient transportation. SPECIRCATION: • Coupler according to size capacity • TDnguejack with sand shoe • DOTwiringpackagew/steel conduit -Trailerplug • Ung package • Rear stabilizerjacks • 'Tires y on white spoke wheels according to size capacit • Steel fenders •Safety chains with hooks • Oe@Mc brakes with safety break -away -Tool Box (optional) 9 I I I v M 16 o - I I I v M 16 Trailers Intoorated Trailer - 10EM2AI0412200 http://ernccorpo.comlintegrated-trallers/24-integrated-tratier-1oarn2al04122OO.html 7112116, 1:29 PM Page 21qbf 716 • Miami West Palm Bch Ft Myers Ft. Lauderdale Stuart 305-592-49" 561-13413-0818 229-337-4222 954797-7972 772-692-4442 Sold To: City of Boynton Beach 124 E. Woolbeight Rd Boynton Beach, Florida 33435 Joseph Jr. Paterniti, Quotation No.... :8-8-2016ER Service Quotation Date... :08/08/2016 Customer No..... :3990623 Expiry Date ....... : Ship To: City of Boynton Beach 124 E. Woolbright Rd Boynton Beach, Florida 334 &vzAL- Powr Quact Ffone No. Dh4skin &-wiftont - Ed Riveron 954-214-1277 EPG Service San** Agow- 3306 `HOURS - RM L01 I I I I LZ ren cave ma will be quoted separately Aluminum enclosure with stainless steel hardware and sound attenuation critical silencer, flex, pipes, rain cap, clamps Seven Lockable doors Remove old enclosure, dispose of and replace with new Enclosure will be made with pre painted white aluminum .08" thk with a steel base bolted existing base Removing, repainting and reattaching tool box Sanding and painting existin genset base on the outside 11 Install Floor. Cut, remove, dispose of and Replace diamond plate floor of trailer, top plate 144"L x 48"W prepare, weld and paint Joseph Jr. Paterniti, Paterniti, Joseph Jr. <PaternitiJ@bbfl.us> 561-742-6423 TOTAL: Page 218 of 716 7ITN"'A.Ma 1 Umm _,,,I Miami West Palm Bch Ft. Myers FL Lauderdale Stuart 305-592-4944 561-640-0818 239 337,4222 954-797-7972 772-692-3442 Sold To: City of Boynton Beach 124 E. Woolbright Rd Boynton Beach, Florida 33435 Joseph Jr. Paterniti, *VZft pbmr Phom Afa DIVhdon @AWr&Wnt Ed Riveran 954-214-1277 EPG Service Quotation No.... :8-8-2016EPI Quotation Date... :08108/2016 Customer No.... . :3990623 973T1l`� Ship To: City of Boynton Beach 124 E. Woolbright Rd Boynton Beach, Florida 334 A&'A*I Sedal Ala ID NCL Cum0nor faubwnt No. Servko Motor 3306 Mounting of new enclosur- . _ •{ Reoving and reattaching existing hardware in place Assuming all auxiliary devices are working: these include plugs, receptacles, lugs, cables,. Much of the existing equipment looks to be in bad shape. Pls see pics below. Grind and/or Sand blasting rust off of trailer frame. Removal and reattachment of tool box.Priming and painting o trailer with rust prohibitive paint. Placement of the reflective material on the trailer. Replace lights Re -inspect basic lights on the trailer. Excluding replacement of trailer parts I Optional 160 gal single wall fuel tank mounted on existing trailer: including fuel fill and manual fuel gauge ................................................................... $1,680.00* For trailer: Joseph Jr. Patemit, Patemit, Joseph Jr. <Paternit!J@bbfl.us> 561-742-6423 TOTAL: 1 ��05�0�00 Joseph Jr. Paterniti, Page 219 of 716 Pantropic Power Inc. Service Estimate Terms and Conditions Per Customer request, Pantropic Power Inc. ("PANTROPIC") has estimated repairs on the equipment (includes all components, machines, or other miscellaneous items) listed herein. A repair description with labor and/or parts is stated herein. Upon disassembly of the equipment to be repaired, additional parts and labor may be necessary. If so, an estimate for additional repairs will be forwarded to Customer for approval. Note: by accepting this Estimate in writing, verbally, or by signing a corresponding "AUTHORIZATION FOR SERVICE WORK", Customer agrees to all terms and conditions set forth herein. NOTE: TERMS AND CONDITIONS SET FORTH HEREIN PREVAIL OVER CUSTOMER PURCHASING TERMS. i. Authat X to PeEfgrm Re i : It is understood that, "upon receipt" of any item of equipment for repair, maintenance or other work, PANTROPIC may examine the item of equipment as to work which PANTROPIC may suggest to be performed in addition to whatever work, if any, might have been requested by customer. All work (requested by customer or suggested by PANTROPIC) to be noted on a form as supplied by PANTROPIC. a. Time and Material Work: PANTROPIC will proceed with the work agreed upon as set forth herein. b. Firm Price: If requested, a firm price in writing will be given to the customer for labor and/or parts to do a specific repair. Any agreed upon repair order not covered by a firm written proposal will be billed at current time and material prices. e. n r n Problemsr Additional Re PLEASE BE ADVISED: UNFORESEEN ISSUES/PROBLEMS AND UNANTICIPATED CONDITION MAY CAUSE REPAIR PRICE TO INCREASE. In the event that during the course of the work, additional repair work (due to continuous use, unknown problems, working conditions, dirty Equipment, waiting on Customer approved support, parts exchange cores that do not meet 100% core refund criteria, conditions out of PANTROPIC's control, and items found In need of repair or replacement during disassembly that are not covered herein) is found to be necessary pursuant to Pantropie's examination and inspection of the Machine, then in such event PANTROPIC will attempt to communicate with the Customer as to the additional repair work, provided, however, that in the event Pantropic is unable to communicate with the Customer, then Pantropic, at its sole discretion, shall have the absolute right to cease any and all repairs on the Equipment until such time as the additional repairs are discussed with the Customer. In the event the Customer consents to the additional repairs, PANTROPIC shall have the right to proceed with the repair of the same without further communication with the Customer and any and all additional repairs will be charged to the Customer at current time and material prices. d. Authority of Customer Personnel: Unless Customer notifies PANTROPIC in writing, any Customer personnel communicating with PANTROPIC shall have the full authority to authorize repairs. All instructions to PANTROPIC by Customer regarding authority of Customer's personnel to bind (authorize repairs) Customer shall be in writing (via e-mail, courier, or U.S. Mail). e. Purchase Order: In the event that a purchase order number is required by Customer, Customer shall provide such purchase order number within 10 business days of receiving a Proforma Invoice from PANTROPIC. if Customer fails to provide such purchase order number within such time period (10 business days of Proforma Invoice), PANTROPIC shall have the right to Invoice the Customer without a purchase order number, and Customer thereby additionally forfeits any rights to dispute such Invoice. 2. HRId Harmless Agreement for. QLLOmer Particl2ition in Servl Work: In the event Customer or Customers' personnel assists PANTROPIC personnel in performing service work, Customer agrees to hold harmless and fully indemnify PANTROPIC for injuries or damages to anyone arising out of Customer assisting PANTROPIC personnel in servicing or repairing Customer's equipment. 3. Corporate Discount: No additional corporate discounts may be applied to the above estimated price. 4. Warranty: PANTROPIC warrants the work performed to be free from defects in material and workmanship for a period of ninety days. PANTROPIC's obligation under this warranty shall be limited to the repair or replacement at PANTROPIC's premises of those new parts previously installed or labor previously performed demonstrated to be defective. SUCH REMEDY SHALL CONSTITUTE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AND CUSTOMER HEREBY AGREES THAT NO OTHER REMEDY (INCLUDING, BUT NOT LIMITED TO CLAIMS FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY CAUSE, LOSS, ACTION, CLAIM OR DAMAGE, INCLUDING LOSS OF TIME, WHATSOEVER, OR INJURY TO PERSON OR PROPERTY OR ANY OTHER CONSEQUENTIAL DAMAGE OR INCIDENTAL OR ECONOMIC LOSS) SHALL BE AVAILABLE TO CUSTOMER. THIS WARRANTY IS EXPRESSELY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MECHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. SUBSTANDARD REPAIR WORK MAY BE PROVIDED UPON REQUEST OF CUSTOMER AND ACCORDING TO CUSTOMER'S INSTRUCTIONS BUT SUCH WORK WILL CARRY ABSOLUTELY NO WARRANTY WHATSOEVER. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT NO VERBAL CONTRACTS, AGREEMENTS OR WARRANTIES OTHER THAT WHAT IS SET FORTH HEREIN HAVE BEEN RECEIVED OR GIVEN. Sa Cores: Customer assumes liability for Lost or Damaged Cores. All Core charges shall be the responsibility of the Customer. PANTROPIC assumes ownership of all take off items removed from Machine(s) not reinstalled during the repair process. 5. Price Ad ustments: This proposal is based on current parts and labor pricing. Customer shall assume the price increases incurred. 7. Miscellaneous:_This proposal is prepared with the most current information available to PANTROPIC. a. The following charges are not included unless stated in this proposal: (State, local, indigent care, Environmental, taxes, freight, etc.) All prices are subject to all federal, state, local sales, use, excise and other taxes on the production, sale, use, or shipment of the goods sold, now or subsequently becoming effective, and if not included in the invoice for the goods, that amount may be invoiced later. b. This is the entire agreement between the parties and may not be modified or amended except by a written document signed bythe party against whom enforcement is sought. 8. Risk of Loss: All risk of loss and damage not covered by insurance (including any deductibles) shall be borne solely by owner of equipment. 9. Severability: Any provisions herein found to be prohibited bylaw shall be immediately ineffective to the extent of such prohibition without invalidating the rest of this agreement. 10. Statutory iien: ustomer hereby waives Its rights to possession under Fla. Stat. 713.74, and agrees that PANTROPIC is entitled to a possessory lien in connection with the equipment Identified herein until it is paid in full for any and all parts, labor, and/or services. 11. Choice of law. forum an exoenses_Customer shall pay PANTROPIC for reasonable costs, fees and expenses (including attorney's fees and court costs incurred through appellate levels and any postjudgment expenses and interest incurred), incurred by PANTROPIC in the event of a controversy regarding this transaction, or in collecting monies due or to become due or incurred in replevying the equipment as a result of Customer ordering equipment and property from PANTROPIC or as a result of a breach by Customer of any of its obligations hereunder. In the event litigation arises, the right of trial by jury is waived by both parties and Customer agrees that the suit may be brought only in Miami -Dade or 8roward County. These terms and conditions shall be governed and construed in accordance with the laws of the State of Florida. Page 220 of 716 Americas r aoml 8511 N.W. • AVP, Miami, FL t Americas 305/592-6800 9l0 GENERATORS 31945 Salesperson: - y Perez T,hlp To' City Of Boynton 124 E. Woolbright 'a Boynton Beach, FL 33435 Boynton Beach 124 E. .o . -. Boynton r► , 77 -. x M rp-• Correspondence To. Americas Generators 8511 NW 61 st St Miami, FL 33166 Aluminum Enclosure 1 each 11400.00 132"L X 40"W X 80"H LEAD TIME IS 4 TO 6 WEEKS I Lines Total Qty Shipped Total PRICE DISCOUNT AMOUNT UM__ ULTIP4 R M each 0.00 11400.00 Total 11400.00 Invoice Total 11400.00 11 7-N IM -11A. -A il� FT -1 0 111 gigJ 0 1Ij I I LIN NO RETURNS OR REFUNDS. 25% RESTOCKING FEE APPLIF:5 TO ALL All orders require payment upon customer acceptance of quote. It Is the customer responsibility to communicate the required delivery date. If no delivery date is Indicated a default of 30 days from order placement will be used as the expected delivery date. All equipment must bepaid In full three working days prior to requireddelivery date. In the event a customer Is not prepared to receive their equipment on that date the following applies: The equipment will be transferred to our storage facility and will remain In storage. chargesr delivery. The following .. . these additionalof the price of ._nerator(s) for loading, unloading, and insuring the equipment. $3.00 daily storage per generator. AAft s Generatorsoinc. f� 8511 N.W. 1 st Street t Miami,Americas 305/592-6800 0 GENERATORS Ship To. City Of Boynton 124 E. l • Beach d Boynton Beach, FL 33435 Bill TO: City Of 124 E. Woolbright ",; Boynton R Cormspondence To. Americas Generators 8511 NW 61 st St Miami, i_ 33166 190005 1 each 18,000 LB Trailer W1475 Gal Fuel Tank I Lines Total Qty Shipped Total 1 13200.00 each 0.00 13200.00 Total invoice Total 13200.00 13200.00 re NO RETURNS OR REFUNDS. 25% RESTOCKMiG ME APPLIW5 I All orders require payment upon customer acceptance of quote. It Is the customer responsibility '4to communicate the requireddelivMdate. If no delivery date Is indicated a default of 30 days from order placement will be used as the expected delivery date. All equipment must be paid In full three working days prior to required delivery data. In the event a customer is not Prepared R receive their equipment date the following applies: o storageThe equipment will be transferred to our R'age until customer Is ready The following charges apply to these additional services: I % of the price of generator(s) for loading, securing, unloading, _ ! insuring the equipment. $3.00 daily storageper generator. r 6.F CONSENTAGENDA 11/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 REQUESTED ACTION BY COMMISSION: Approve the extensions for RFPs/Bids and/or piggy -backs for the procurement of services and/or commodities as described in the written report for November 1, 2016 - "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 BID NUMBER RENEWAL TERM Phillips & Jordan, Inc. Hurricane/Disaster Debris Removal and Disposal Resolution R13-112 August 21, 2016 to August 20, 2017 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This renewal report will be used for bids, contracts/agreements and piggy -backs renewed/extended with the same terms and conditions and pricing as the initial award. FISCAL IMPACT. Budgeted 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: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 223 of 716 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Other D Agreement D Agreement REVIEWERS: Department Finance Legal Finance City Manager Description Description of Extension(s) Agreement tie en Phillips and C,O,B,B. Extension to Agreement with SUVA Reviewer Action Alibrandi, Julie Approved Swanson, Lynn Approved Howard, Tim Approved LaVerriere, Lori Approved Date 10/26/2016 - 11:12 AM 10/26/2016 - 11:44 AM 10/26/2016 - 11:44 AM 10/27/2016 - 2:07 PPA Page 224 of 716 REQUESTING DEPARTMENT. PUBLIC WORKS, SOLID WASTE DIVISION DEPARTMENT CONTACT. Christine Roberts, Assistant PW Director TERM: August 21, 2016 to August 20, 2017 SOURCE FOR PURCHASE: Resolution R13-112 Agreement between Phillips & Jordan and City of Boynton Beach VENDORS: Phillips & Jordan, Inc. ACCOUNT NUMBER: 431-2515-534-34-62 DESCRIPTION OF EXTENSION: On October 15, 2013, City Commission authorized the City Manager to execute an Agreement between the City of Boynton Beach and Phillips & Jordan for hurricane/disaster debris removal and disposal with the same terms and conditions as the Solid Waste Authority's Agreement No. 13-240 with Phillips & Jordan, Inc. from August 21, 2013 to August 20, 2016. This Agreement is to be used on an "As Needed" basis. The Agreement included the option to extend and the Solid Waste Authority has extended the Agreement with Phillips & Jordan for a one year term with the same terms, conditions and pricing. Phillips & Jordan has agreed to a one year extension with the City of Boynton Beach based on the SWA Agreement. Debris removal expenditures may be eligible for reimbursement from FEMA. . '_ ..-. 222 NE 9* Ave '- W25 a0so i Egg ttstts -srmvr. as rs«u�r�„ `�„m�r�unn.aatm S.m 'S§**,J,J rikja of UYiO'inMA�tiY.".,YekWiY,`.. 2e�isr.0:+zaWW h"p„^�'S36 �fi18i'�`�'�N�".:Snu'A1W,'f€':',�.\'SK�c�A. °S"»-.k,'�M7S?"$�UJ�Yo� S9 ,ak1X t �lltt:2Hfl.`�e Page 226 of 716 September 1, 2016 City f Boynton Beach 222 N E 911 Ave Lynton Reach, FL 33425-0310 RE: Mutual Aid Agreement for Hurricane/Disaster Debris Removal, Reduction and Disposal betwe Solid Waste Authority of Palm Beach County, and Phillips and Jordan, Inc. i (Agreementseffective August 21, 2016 through August 20, 2017 Article 39 other Government Entities)Agreement . 13-249 states; The CONTRACTOR agrees that this Agreement constitutes an offer to all State Agencies s t s the State of Florida from re -solicitation. 1 would like to offer to the City of Boyntonh, Fla., to extend its exchWve agreement v6th Philfips Joy f Agreement$ 13-2A9, as amend4 to extend the tam from August 2 1, 2016, through August 20, 2017. This offer is made at the sarne terms and conditions stated in referenced agmement Please return one fully executed original letter upon acceptance. Sincerely, Dudlev Orr / 14ce President printed m "title Date T . W. rswaj Printed Name/ Title October 3, 2016 Page 227 of 716 AAfMVDMENT#2 7V TZMAGREEMENTFM DATED 3 In aceardume with 1 1 — Effwfiva 1306 the AUTHORrff and the CONTRACTOR m(1) year effeadve Ampat 21,2016 through August . All odw provisions of the Agreement for the savicesithe 21 st of August 2013 shall remain in full force and effict and dudl not be altered, wwnded or reschiM axcept as pvAded herein. Dimctcw of the AUTHORrrY has ma& and executed this Amtodment an boMf of the Solid Waste AuthorityPalm Bewh County and Phillips and Jordan, Im. has encuwd this written.Amesidment as of the day and year above SOLID WAM AUTHORITY OF RAIM BEACH COUNTY. Ian 2»��aa,. Appvved by Authority t 31, 2016, Item Id PHILLIPS,INC.: MM EM Page 228 of 716 6.G. CONSENTAGENDA 11/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 REQUESTED ACTION BY COMMISSION: Approve a $5,000 donation to GBDC Entrepreneurship Institute to support the Juvenile Detention Alternatives Initiative (JDAI) program from the Federal Forfeiture Law Enforcement Trust Fund. EXPLANATION OF REQUEST: Most crimes committed can often be traced back to financial and socio economic conditions of the perpetrator. The Juvenile Detention Alternatives Initiative (JDAI) suggest among its steps for crime prevention collaboration between juvenile justice agencies, governmental entities, and community organizations that undertake joint planning and policy making to address reforms. All GBDCEI programs are designed to encourage entrepreneurial, leadership, social and financial literacy leading to job creation and the reduction of school drop out rates. Our crime prevention unit will work closely with this organization to build relationships with our youth, reduce recidivism and participate in leadership opportunities. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This donation will have a positive impact as we cultivate partnerships and build relationship with our community through community policing and engaging our youth. FISCAL IMPACT. Non -budgeted There are sufficient funds ($183,892.75) in the Federal Forfeiture Law Enforcement Trust Fund. (account number 691-5000-590-04-22) to provide this donation. ALTERNATIVES: There are no alternatives as Florida State Statue mandated this. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 229 of 716 ATTACHMENTS: Type D Letter D Memo REVIEWERS: Department Police Finance Legal City Manager Description Page 230 of 716 GBD C funding request memo to City Manager Reviewer Action Date Crawford, Suzanne Approved 10/20/2016 - 11:14 AM Howard, Tim Approved 10/21/2016 - 8:50 AM Swanson, Lynn Approved 10/25/2016 - 4:49 PPA LaVerriere, Lori Approved 10/27/2016 - 2:02 PPA Page 230 of 716 G BTFC 561-894-4510 mfo@gbdcei.com www. b cei.co Entrepreneurship institute 3200 S Congress Ave Boynton Beach, Fl. 33426 GBDCEI is a 501 (C) 3 organization Date: October 10, 2016 Subject: GBDCEI Funding Request To: Boynton Beach Police Department Chief Katz, GBDCEI respectfully submits this year's funding request in support of our youth programs. As you know most crimes committed can often be traced back to financial and socio economic conditions of the perpetrator. The Juvenile Detention Alternatives Initiative (JDAI) suggest among its steps for crime prevention collaboration between juvenile justice agencies, governmental entities, and community organizations that undertake joint planning and policymaking to address reforms. All GBDCEI programs are designed to encourage entrepreneurial, leadership, social and financial literacy leading to job creation and the reduction of school drop rates. Below is a list of list of our programs. Kid-Preneur Leadership Academy (Age 9-15) This program is a full day program during which participants run their city. The program is an experiential learning program where participants learn in three parts, through role-play of running the city, field trips to actual community organizations and through speakers who visit the program. The program is held one week over spring break one great week over winter break and two weeks over the summer. The cost for this program is $125 per week. Depending on grant funding occasionally we do have a limited number of scholarships, available on a first come first serve basis. Youth Entrepreneurship Training & Business Plan Competition (Age 16-21) This program is typically held during the summer for 6 to 8 weeks depending on funding for ages 16 to 21. The participant spent two nights each evening from 6 to 9 PM learning how to start a business, writing a business plan participating in Shark Tank exercises and other group activities. In addition, the participants learn real world practical life skills designed to encourage fiscal responsibility. The participants also spend one eight hour day at an internship site in the community. The program ends with a graduation and a business plan competition where participants present their business plan to a group of judges and is awarded a certificate and a monetary prize up to $500. Future Women Entrepreneurs & Leaders (Female High School Juniors & Seniors) The future female entrepreneurs and leaders program is for high school female juniors and seniors. The prograrr begins with eight week training course participants are taught the fundamentals of starting their own, business write a business plan, life skills and leadership skills; after which the participants then set up and run their own business that is incubated by GBDCEI. In addition, the participants learn real world practical life skills designed to encourage fiscal responsibility. This is a job creation focused program and participants are paid wages for their role in the business. Salaries are based on sales and profitability of the company. Salaries are based on sales and profitability of the company. Startup -Kid Social Enterprise (Ages 15-21) The Startup Kid social enterprise, ages 15 to 21, groups of participants learn how to start a business create, a business and run a business. The participants are paid salaries for their role in the business and the business is incubated at GBDCEI. Salaries are based on sales and profitability of the company. Thank you for your kind consideration. Respectfully Submitted, Annette Gray U_ Lori LaVerriere Jeffrey S. Katz TO: City Manager FROM; Chief of Police EPGBDC Enterpreneurship Institute DATE., October 19, 2016 Florida statute 932.7055 (5)(a) mandates the following regarding federal forfeiture funds: If the seizing agency is a county or municipal agency, the remaining proceeds shall be deposited in a special law enforcement trust fund established by the board of county commissioners or the governing body of the municipality. Such proceeds and interest earned therefrom shall be used for school resource officer, crime prevention, safe neighborhood, drug abuse education, prevention programs, or for other law enforcement purposes, which include defraying the cost of protracted or complex investigations, providing additional equipment or expertise, purchasing automated external defibrillators for use in law enforcement vehicles, and providing matching funds to obtain federal grants. The proceeds and interest may not be used to meet normal operating expenses of the law enforcement agency. Requesting Commission Approve a $5,000 donation to GBDC Entrepreneurship Institute to support the Juvenile Detention Alternatives Initiative (JDAI) program from the Federal Forfeiture Law Enforcement Trust Fund. Most crimes committed can often be traced back to financial and socio economic conditions of the perpetrator. The Juvenile Detention Alternatives Initiative (JDAI) suggest among its steps for crime prevention collaboration between juvenile justice agencies, governmental entities, and community organizations that undertake joint planning and policy making to address reforms. All GBDCEI programs are designed to encourage entrepreneurial, leadership, social and financial literacy leading to job creation and the reduction of school dropout rates. Our crime prevention unit will work closely with this organization to build relationships with our youth, reduce recidivism and participate in leadership opportunities. By getting involved and interacting with our youth, our crime prevention unit can make a positive influence on these individuals and guide them down a path not leading to criminal activity. BBPD remains committed to positively influencing juveniles within the community through financial assistance, mentorship opportunities, or employment programs, all of which this donation helps to fund. This donation fulfills both our legal obligation under Florida State Statute 932 and the strategic intent of our department mission. This donation should be drawn from account 691-5000-590-04-22 (Federal Forfeiture Law Enforcement Trust Fund). The current account balance is: $183,892.75. This is a one-time donation expense. Page 232 of 716 Page 233 of 716 6. H. CONSENTAGENDA 11/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 REQUESTED ACTION BY COMMISSION: Approve a price increase for two items from the City of Boynton Beach and City of Delray Beach Joint Bid for the "Annual Supply of Medical Supplies and Medications"; Bid No. 044-2210-16/J MA. EXPLANATION OF REQUEST: On June 21, 2016, City Commission approved a bid award for the Annual Supply of Medical Supplies and Medications (a total of 328 items) to a Primary Vendor — Bound Tree Medical; a Secondary Vendor — Henry Schein Inc.; and a Third Place Vendor — Midwest Medical Supply Co. for the Bid Term of July 3, 2016 through July 2, 2017. Cost adjustments are allowed for renewal years after the initial one-year term. Bound Tree has received cost increase notifications from Baxter HealthCare a pharmaceutical manufacturer, for IV solutions, and has requested an increase on two items used by the City of Boynton Beach: ITEM CURRENT PRICE NEW PRICE IV Solution, Dextrose 5% in Water 250 ml Bag $2.09/each $4.08/each IV Solution, Sodium Chloride 0.9% 1000 ml Bag $2.25/each $5.02/each Bound Tree has provided documentation from Baxter HealthCare for this increase and is requesting that the awarded bid pricing be amended to reflect the contract pricing. Even with the increased pricing, Bound Tree's pricing on these two required medications is lower than the secondary and third place vendor. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By approving Bound Tree's request for the cost increase, the City will continue to receive the lowest pricing for these necessary IV Solutions. FISCAL IMPACT. Budgeted Funds are budgeted for these items under the Fire Department account number 001-2210-522-52-66. Warehouse Staff monitors pricing for these items and checks the invoiced price against the contract price. ALTERNATIVES: None. The IV solutions are mandatory for a functioning EMS Division. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 234 of 716 Is this a grant? Grant Amount: ATTACHMENTS: Type D Attachment REVIEWERS: Department Finance Finance Legal City Manager Description Page 235 of 716 Bound Tree Request and Documentation Reviewer Action Date Alibrandi, Julie Approved 1012112016- 10:14 AKA Howard, Tim Approved 10/24/2016 - 10:17 AKA Swanson, Lynn Approved 10/25/2016 - 4:48 PPA LaVerriere, Lori Approved 10/26/2016 - 4:57 PPA Page 235 of 716 M 1,11 U i �-TJILMIZIL As a valued Bound Tree customer, we are writing to notify you of a significant price increase for products you order from us that come from Baxter, one of our pharmaceutical manu-f us, we are requesting that our contract with you be amended to reflect the new contract pricing. We have attached documentation from Baxter as provided to us, for your review. LVENDNAME ITEMNMBR iTEMDESC UOFM Cuffrice Nl;wpelce BAXTER HEALTHCARE-DMG %00062 IV Solution, Dextrose 5% in Water 250ml Bag 36ea/cs Baxter 2BOO62Q EA $ 2.09 $ 4.08 BAXTER HEALTHCARE-DMG 601324X IV Solution, Sodium Chloride 0.9% 1000ml Bag 14ea/cs EA $ 2.25 $ 5.02 Please confirm either in writing or via email on or before 10/17/2016 your department's approval. No c; contact us at (800) 533-0523 or email Tim.BrownOSarnova.com or mrjcp Lcilboundtree-corn tf, Mz= Tim Brown Pricing Analyst, Bids / Contracts Manager Bound Tree Medical 5000 Tuttle Crossing Blvd, Dublin, OH 43016 614.760.5000 www boundtree.com Chic Price Account Page 236 of 716 Baxter Stacey Barksdale Price Bound Tree Medical I Product Manager Direct 1.800.533.0523 x51131 Fax 614.760.5325 gbarksdale@ boundtree.com Thank you for being a valued customer, Recently the US healthcare market was impacted with an unprecedented IV solution shortage. While the immediate crisis is behind us, the lingering effects remain. Baxter has, and will continue to make significant investments in its IV manufacturing footprint in an effort to ensure reliable supply to patients and providers. These :nvestments include: Investing in Baxters quality systems and processes to meet new, stringent guidelines from governing bodies such as the FDA Expanding manufacturing capacity of existing facilities to increase production throughput Qualifying Baxter manufacturing faces around the world to provide contingency supplies for customers and patients if the need were to arise Approval of VIAFLO IV container in 2015 in an effort to further provide additional supply to customer On July 19, 2016, Baxter sent notification of increasing rebate cost pricing to Bound Tree Medical on various contracted products with an effective date of August 29, 2016. Baxter has delayed the effective date to October 1, 2016 to allow for appropriate notification to Bound Tree's customer base. 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Page 239 of 716 M CONSENTAGENDA 11/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 REQUESTED ACTION BY COMMISSION: Approve award of the bid for "Printing and Mailing Services", Bid No. 077-1210-16/JMA to Graphic Authority Corporation of Coral Gables, FL for the printing and mailing of the City of Boynton Beach 2017 Calendar and FY16 Annual Report. Estimated costs of printing and mailing services is $22,500, estimated costs of postage is $11,000. EXPLANATION OF REQUEST: On October 12, 2015, Procurement Services opened seven bids in response to the Request for Bid for Printing and Mailing Services for the 2017 Calendar and 2016 City of Boynton Beach Annual Report. Bidders were directed to provide pricing for a printing of 28,000, 26,000 and 24,000 calendar/annual reports and mailing services for 27,000 and 26,000 Utilities customers. Graphic Authority Corporation submitted the lowest, most responsive, responsible bid with a cost per piece of $.77 for 28,000 copies and $.03 each for mailing services for 27,000 copies. Approximate cost of postage is $.40 per calendar. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will be the third printing year for the City's Calendar and Annual Report. The calendar's creative and innovative visual concept outlining the City's amenities within a detailed and useful calendar format has become a favorite with Utilities customers. FISCAL IMPACT. Budgeted Funds for this expenditure are budgeted and available from Communications account number 001-1212-519- 47-10 & 001-1212-51-41-12. Previous year expenses were: Printing & Mailing services $24,000 Postage $ 9,252 ALTERNATIVES: Not produce the City's Annual Report and Calendar. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 240 of 716 Grant Amount: ATTACHMENTS: Type D Tab Sheets D Other D Other REVIEWERS: Department Finance Finance Legal City Manager Description Tabulation Sheets Pricing Evaluation Sheet Proposal - Graphic Authority Reviewer Action Alibrandi, Julie Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 10/24/2016 - 4:57 PPA 10/25/2016 - 8:28 AM 10/25/2016 - 4:48 PPA 10/27/2016 - 1:57 PPA Page 241 of 716 U) W U � W � � Z � Q � D Z Q � Z p Z_ R 0- � Q D Z W � Q U � 0 C*4 S � 0 N 'IT N ¢ 2 n � k � * � / n n 0ems/c) E CDCD ff\mm% 8 q 8 @ e' 7 2 m m m w w 8 q /72\x§ c ƒ ƒ ƒ * � h � n ® @ _ m.. a6 a p®g}2S * 0 2 0 e § . 2uu0 � .. 6 E U� E ®k mkLo ��/\ A �r� G o t 3 o q co q Cl) § Cl) \ J R§ z z * k Q- / $ I � � � 0 _ 0 _ t�L�zm LO�..ef \�CD a U)0 o LU U) § 0C t N _ � 3 a%J Cl)U) CO # cn \ Cl) Cl Cl j5 -=a< r.- k § § § § § § 2 Q s * * * > k k 2\/§ o - z \ LL k§ f - , ;.;Q- LO k Lu 0 U) § ± e U) � e 2 B B B B B ® b \ z / 0. k \ L k / \ LL k k k k k 2 0 ƒ\ § q « � � LU k � * p m > 2 4 � � � U � � e z 2 ±± O 0 2 2 2 > 2 2 z 0 §/ f S S S LU S S \ E § E -J 7 / E 0 m w E m E m E m ® E m E <e 2e 4= e a o z L = e O m e m m m 2 m m g> O3 z j3 Q 2 j ƒ j 0 d S j ) ) ) « ) ) 0 m m m < z o m a o 0 0 0 0 S � 0 N 'IT N ¢ 2 n � k � a midu Film, ti Q Lu Z wow o N � F- LU F- C) LU w .. �::) o c Z coo comm O co N 0) m 0- � s 2 3 •� •L a� cD i OO O L6 Q y M •= ON` 0 a m N N J N r3 cn * * L L R wLL c y o ao `�° E -T J mt O � O +r Z U w O L O U Z vi tf} Z O d a QM y Q " ocn a = U d } cn i a N E W d cn E O O v LO NN N N M .O Lo (onO N 0 fn N= c CO C y •a n n n np R N N N d L J y d IC d d O y N O Z N C y C Gi rn f6 U cn c a O U y W 'a V C co N R E cn O 'O 0 N U m cG L O N y V L MCD N IC N CO 0 m i 7 M O Ln LCJ U co 7 Z N RO N N OJ C Ci Z O Z L :3 J— a 0 d N N d .- R o 0LO LO a U E c LL O U a a � � c 0 ow 0 o w ~ y llzl N N U) � o '° '°Q > E: o Z) o ) i W c2 z� a aQ LLm~ �Lu0000 O? �Z O Q Y U z Z) z wz W w 0 .rU) 0Z)o m0 �U) O~ Ow FU OCA wQ� cn LU C.5 �0� U� �2 F -- z H �� ui U� Y2 �uJ �Y ZZw V% h yzOp H00 z OZQ Z� Y� O a s koz � n °� az O co N 0) m 0- N W NU W V z J z Q z_ H z R Q z W J U ti r O N a mida Q Q z cd� LU O N � Q � � F- C) LU w .. �::) o c z coo m m m E, O C iO N 0 0) 0 .U) °) Y R co y O L O a� W M M N .L C a 0 N O N r N N N N Ln M O O coCL Cl) Co Cl) LL .L y Q ao -O a) a) o z a) 01 O O O O 0) C . 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Z a W a a U y LU y w w o a W a a U ? zCK a OJ u0i W a a (1) U U Oa. O 0 N M V ui <o n 0- a Page 249 of 716 REQUEST FOR BID 4''Oki 6ids will be opened in: PROCUREMENT SERVICES -CITY HALL 2ND FLOOR unless otherwise designated. - --7-jW=vm1 =-- 6717 -F -a --W. MET ninety (vu) calen a day set for the opening of Bids. Page 250 of 716 CONE OF -SILENCE SCOPE OF BID: Contact: City of Boynton Beach Procurement Services 100 E. Boynton Beach Boulevard Boynton Beach, FL 33436 Julianne Allbrandl, Senior Buyer, E-mail:. (561) 742-6322 M"t7 M, 11 CITY OF BOYNTON BEACH TIM W. HOWARD Assistant City Manager - Administration Director of Financial Services Page 251 of 716 REQUEST FOR BID FOR CALENDAR PRINTING AND MAILING SPECIFICATIONS The following ° i tl for the FY15/161 Report and 2017Calendar Printing illi Services. explainFor reference, the past two Annual R�(,',,,q,,',x,)Hs viewed on-line at: Please place a check mark (,/) on the blank line next to each item if a specification is met. If exception is taken (alternatives), bidder must Bidder must submit specifications "check -off" sheets i. the bid proposal in order for a bid to be considered. Page 252 of 716 /Samples Bid proposal includes two similar promotional materials printed. - Yndor to provide two (2) mailing services quotes based on two quantity options vendor to provide two (2) per piece mailing costs based on two quantity options Page 253 of 716 Page 254 of 716 Page 255 of 716 used,SLM-PLES, Samples of items, when called for, must be furnished free of expense, and if not the return of samples may be made within tan (10) days following the bid deadline. Each individual sample must be labeled "7 the biddersmanufacturers and item reference. IN Page 256 of 716 Page 257 of 716 ASSIGN M�LENT., Any Purchase Order issued pursuant to this bid invitation and the funds which may be come due hereunder are not assignable except with the prior written approval of the city. AS SPECIE�IED- A Purchase Order will be issued to the suemsful bidder with the understanding that all ftemstservices delivered must meet the specifications herein. Items/services delivered not as specified, will be returned at no expense or penalty to the Uy of Boynton Beach. Page 258 of 716 Ildder certifies that yll employpes, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requ'lrem'ents. IE Page 259 of 716 21MLK-B&QQffM The City of Boynton Beach is a public agency subject to Chapter 119, Florida Statutes. The contractor shall comply with Florida's Public Records Law. -Specifically the Contractor shall: A. KOOP 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 at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; M, Page 260 of 716 1 . Award |i| on an all -or -none basis, 2. The City by written notice may terminate in whole or in part any Contract (Purchase Order) resulting from the invitation, when such action is in the best interest of the City. If the Contract(s) are so terminated the City shall be liable for only payment for services rendered prior to the effective date of termination. Services rendered will be interpreted to include costs of items already delivered plus reasonable costs of supply actions short of delivery. 3. The City of Boynton Beach reserves the right, before awarding the Contract (Purchase Order) to require a bidder to submit such evidence of qualifications as it may deemnecessary, and may consider any evidence milable to it of the financialt , echnical and other qualifications and abilities of »/<2» including past perfonnance (experience) with the \\%» in making the award in the best interest of the City. M Page 261 0 716 ATTACHMENT A Page 262 of 716 CRY of iownthown Sised,011 � an Blub as � Sdaa 3w `p4 fi do � by ?y;k,� �`�3;G ,, � o �SMvn� �t.�„.�I ,gg d i'L rS `{ G�:iR �$ � YaF aoa�j ebb � k difiki � a l' she � t Q �� ag .l N: Mut , t UP fc�.��tt�a.�F -r'�.�.,�, �xu �%.,uqu- uiwojnpw e Is'�"ar - g groan erar's rMahmve MM=6mSgbyA,M. Best CO30 B §�.'�'` d` �,�";`g�'��,<;$:� ,kt"k� 9F}*��i'��°it{�'�+ u� r k; �'sr r "Y ..,-, n"ner r:�`sL '�°on't;'�acr cud s „5;� or �` 's'�,�i$"§�.1�'� 'snffi�£�l lawmMmu requiS of smo ? rmTeam% ew, ami to lots nquhd by de Coy tht u % � � ft (NoTp IVIC jbt ddfdow—d T` U,�a;rj � � � � an on id e a Sk t 48 h� '�,,olt„ ne, or Me r ve the teg jUn � o rn��. ro '{4•, ;;,? G f ; `+ )t' I t "�,�.,in P 1 9f�?; ��' ,!) + gg %e141}^'kpaS.'��A F�R 41�6�,ICX a'. z lzr,rW- TAX), IN" Ingo V&Q s MAY Y'.L,.f L 9A to ON 10vh OVUM 441} A, ':. i„'� y 1 ,.. +t,� t .. {S sv u t'(t}+ `'"""` AWN ,t .?,a7nu tF,°i t"' t E } tit' ENE Omwd ax h s, k,'sa1 }sr �sf” 1 Alf tY _ E iw4 h A S °(� n't r ,.. f ?m a a ,4 4 ('trt,. � si tt { ,a V�'e �:2�• s ftd Page 262 of 716 Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-031 Telephone: (561) 742-6310 1 Bid Title: "CALENDAR PRINTING AND MAILING SERVICE Bid Number: 077-1210-IGIJMA I mi'"Itfewli Area Code., FAX Number - Mailing Address- City/State/Zip: /027, A3 4 16 - Vendor Mailing Date: c e E-MaH Addrews: Ad- -0 Z clxcr en &A 4 Authorized Siginlatus" o, Namell`ype d 14 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE The Oty of Boynton Beach Bid o. 077 -1210-16/J Page 263 of 716 PRICE PROPOSAL r ; A FOR i The undersigned declares that they have carefuW examined tple spWACations and is thoroughig familiar v Tile and deliver to post Office and understands that the cost to mail each, via the USPS will not vary, but requires vendor to provide a cost to mail each piece. TRAY'ANDb7EC.'-��',�jjl` Electronic file vAlldelivered r on or bol November 15, 2016. THIS PAGE TO 09 SUOMITTED FOR BID PACKAGE 15 TO BE CONSIDERED COMPLETE AND ACCEPTABLE The City of Boynton Beach Bid No. 077-1210-16/JMA Page 264 of 716 receiptDelivery of non -electric hard OOPY Prouf(s) shall be within forty-eight (48) hours Of colic file Final t fter proof approval by Communications Manager no later than November 29, 2016. Prices to remain finn through .:.. THE CITY 'VES THE R/GHrADDITIONAL 1 IF 4NAY S1 '�TURE ta Fri m,-,,, �rf 33 9'7 ,,,r„ TE IU - -- THIS PAGE TO BE SUBMITTED 1 TO BE CONSIDERED COMPLETE AND ACCEPTABLE ThO CRY of Boynton Beach Bid . 077-1210-16/JMA Page 265 of 716 NON COLLUSION AFFIDAVIT OF PRIME BIDDER stateof Flonetei Countf gy WCOAMONOFFIM t and swom to before me This l� , 2016 My commission expires 0 M 1 1 CONSIDERED'TO BE The Cft:V of Bcyrftn Beach Bid 77-1210-16/JMA Page 266 of 716 FLORIDAANTI-KICKBACK AFFIDAVIT STATE OF COUNTY OF PALM BEACH ) Im t Swom and subscribed before me i f"If-off' _ _ __,20 , ' NMMVALM 1-9 746 ri , \ti„ t ,The My of Boynton Beach r`,r ku C61A Lu Page 267 of 716 CONFIRMATION OF MINORITY OWNED BUSINESS If Y03, Please indicate n'' in the ora businessDo you P0858M a Certiffcation qualifying your iBusiness? If YES, Name the Organization from which this certific0on was obtained and date: Issuing °, Jon for Ce - - - K ton e'—. THIS PAGE To BE SUEMIMD FOR DID PACKAGE 19 TO GE CONSIDERED COMPLUE AND ACCEPTABLJ The MY of Boyrftn k-ach Bid Nm 077-1210-16/IMA Page 268 of 716 THIS PAGE To BE SUSM,rMD FOR BID PACICAGI 70 BE CONSIDEEED CO'WPLETF AND 20 The City t - -- 1 MA Page 269 of 716 Z„, 7R-5-0� J mnf Title: ev THIS AGE TO BE }. FOR BID PACKAGE 21 TO BE CONSIDEREDCOMPLETE r. PTAgLE The City of Boynton Beach Old No. D77-1210�16/JMA Page 270 of 716 If you have any questions, please call Julianne Allbrandl, 113'enior Buyer, at (561) 742-6322 Monday through Friday from 8,00 a.m. to 5:00 p.m., or e -mall CITY OF BOYNTON BEACH P. 14-,WQ Time W. Howard Assistant City Manager — Administrative Services Digr of Financial Services ADDENDUM No. I Page 271 of 716 2017 CALENDAR PRINTING AND MAILING SERVICES RESPONDENT MUST SIGN �QTE �,ANQ I UDE THIS "ACKNOWLEDGEMENT OF ADDENDUM:Nub D PACKAE N ORDER FOR SUBMITTAL TO BE CONSIDERED MTo �r LETE AND ACCEPTABLE NAME OF COMPANY: AT ------- ADDENDUM No.I S AT i09 REPWIE�MT�ATI�VE� Page 272 of 716 VILLAGE PINECRES7 GARY KPAMENBURGER Consh,uctlon/Slgrage 2003 FLORIDA GRAND OPERA LORNEGRANDMON Callateral/Programs 2013 CITRUS HEALMq NEnNORK BRENDA HERNANDEZ Fonns 2W9 DOWNTOWN AUTHORITY YAMILKA ROA BrachurWESrectory 2016 KINGS ACADEMY TINA TUTWILER Magazine 2014 RODRIGUEZ GROUP EVELY N APOLLO NOMI@ftm 2016 RiCHARDLARSON ZOO WGICALPUBLICATIO NS Magazines 2012 305'.371.5700 305-237302 30S.621800M648 odiazOM18MIgardon",gov 306 -509 -MIG kvdwnbqrq"p1roaa*fi• joy 3051661k969 9-0kno=ffiLm S01 -300 -am "dwdeup mer"Unosorgrwom $06471-a3e$ :09MOR-M R.'ar 905.643-2703 305AW.30W =55,3614705 Graphic Authoft carp Inc. Is a four generation Printer & MalIhouse. serving for' pa €r In Sheet fed to Web printing 40' Inch pr ss up to 8 colors, WIth its SpedaftV In catalogs, rnapzInes, brodures, pubIkations and related collateral material.We use variable mdida, rnkje% download &4 Insert rnerge, purjA ncoa, prepare ail and drop off at the General Mall Faclifty, Page 273 of 716 6.J. CONSENTAGENDA 11/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 REQUESTED ACTION BY COMMISSION: Approve the minutes from the Regular City Commission meeting held on October 18, 2016 and the minutes from the Special City Commission meetings held on October 10, 2016 and October 18, 2016. EXPLANATION OF REQUEST: The City Commission met on October 18, 2016 and October 10, 2016 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: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Minutes Minutes Minutes Description 10-10-16 Special Meeting 10-18-16 Special Meeting 10-18-16 Page 275 of 716 REVIEWERS: Department Reviewer Action Date City Clerk Fele, Judith Approved 1011012016 - 0:06 PPA Page 276 of 716 MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON MONDAY, OCTOBER 10, 2016, AT 5:30 P.M. PRESENT: Steven B. Grant, Mayor Mack McCray, Vice Mayor Commissioner Justin Katz Commissioner Christina Romelus Commissioner Joe Casello I. Call to Order Lori LaVerriere, City Manager Tracey DeCarlo, Assistant City Attorney Judith A. Pyle, City Clerk Mayor Grant called the meeting to order at 5:32 p.m. Roll Call City Clerk Pyle called the roll. All present. 1. BYRON L. HARRIS, JR., Plaintiff, vs CITY OF BOYNTON BEACH, MICHAEL BROWN, MATTHEW MEDEIROS, STEPHEN MAIORINO, RONALD RYAN, JUSTIN HARRIS, CORY HERNY, ALFRED MARTINEZ, and Other unknown officers, Defendants — United States District Court, Southern District of Florida, Case No. 9:16-CV-80148-ROSENBERG Tracey DeCarlo, Assistant City Attorney, announced, pursuant to FS 286.011, a private attorney-client session would be held today, October 10, 2016, to discuss the pending litigation for the above case, that is pending in the U.S. District Court, Southern District of Florida. A closed -door session was requested on October 4, 2016, at a regularly held City Commission meeting. Present at the meeting would be the City Commission, the City Manager, Tracey DeCarlo, as Assistant City Attorney, and Special Counsel for the City, Lyman Reynolds. The meeting is scheduled for one hour, at which time the Commission will return to chambers to close the meeting. Mayor Grant recessed the meeting at 5:33 p.m. to the closed door session. Mayor Grant reconvened the meeting which he adjourned at 6:34 p.m. (Continued on next page) Page 277 of 716 Meeting Minutes Special City Commission Boynton Beach, Florida October 10, 2016 ATTEST Judith A. Pyle, CMC City Clerk LUkeAj""V—L' Catherine Cherry Minutes Specialist 2 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor - Mack McCray Commissioner - Justin Katz Commissioner - Christina Romelus Commissioner - Joe Casello Page 278 of 716 MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON TUESDAY, OCTOBER 18, 2016, AT 6:00 P.M. PRESENT: Steven B. Grant, Mayor Mack McCray, Vice Mayor Commissioner Justin Katz Commissioner Christina Romelus ABSENT: Commissioner Joe Casello 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Lori LaVerriere, City Manager Jim Cherof, City Attorney Judith A. Pyle, City Clerk Ms. LaVerriere indicated Commissioner Casello advised he would not be present for the closed -door session. City Clerk Pyle called the roll. A quorum was present. CLOSED -DOOR SESSION to be held on October 18, 2016 at 6:00 p.m. for private attorney-client sessions to discuss pending litigation in the case of : GERMAN MINA, Plaintiff, vs CITY OF BOYNTON BEACH, FLORIDA, Defendant, Palm Beach County Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida Case No. 50 2003 CA 010606 XX ED(AJ) Attorney Cherof explained they would recess to a closed -door session for the above case which he read into the record. The session should last approximately 30 minutes. Present in the session would be the City Commissioners, Tracey DeCarlo, Assistant City Attorney, Lori LaVerriere, City Manager, and James Cherof, City Attorney. Mayor Grant recessed the meeting for the closed door session at 6:02 p.m. (Continued on next page) Page 279 of 716 Meeting Minutes Special City Commission Meeting Boynton Beach, Florida ATTEST Judith A. Pyle, CMC City Clerk /7 4 Catherine Cherry Minutes Specialist 2 October 18, 2016 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor - Mack McCray Commissioner - Justin Katz Commissioner - Christina Romelus Commissioner - Joe Casello Page 280 of 716 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON TUESDAY, OCTOBER 18, 2016, AT 6:30 P.M. PRESENT: Steven B. Grant, Mayor Mack McCray, Vice Mayor Commissioner Justin Katz Commissioner Christina Romelus Commissioner Joe Casello 1. OPENING Mayor Grant called the meeting to order at 6:30 p.m. Invocation Vice Mayor McCray gave the invocation. Lori LaVerriere, City Manager Jim Cherof, City Attorney Judith A. Pyle, City Clerk Pledge of Allegiance to the Flag led by Commissioner Katz Mayor Grant led the Pledge of Allegiance to the Flag. ROLL CALL City Clerk Pyle called the roll. All present. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Casello pulled Consent Agenda Item 6.1. Minutes -- regarding the vote on the fee for the pool on page 26 and noted he voted in the negative. Commissioner Romelus noted a typographical error on page 15, the vote was 2-3, not 2-5. Vice Mayor McCray requested staff review the zoning regulations to allow a medical clinic or office in a residential community or development to serve only those residents of the community, as a future agenda item. He submitted the request to the Clerk. Page 281 of 716 Meeting Minutes City Commission Meeting Boynton Beach, Florida October 18, 2016 Mayor Grant requested approval for him to travel to Taiwan as New Business Item 12.C. 2. Adoption Motion Vice Mayor McCray moved to approve the agenda as amended. Commissioner Romelus seconded the motion Vote The motion unanimously passed.. 2. OTHER A. Informational items by Members of the City Commission Commissioner Katz had no informational announcements. Vice Mayor McCray held his comments to the next meeting to have an early meeting. Mayor Grant explained on October 5th, he attended the National Day for the People's Republic of China. On the 10th, special needs students from Christa McAuliffe Middle School came to City Hall and received a tour. On the 11th, he attended the swearing in ceremony for nine Boynton Beach Police Officers. On the 13th, he attended Boynton Beach Chamber of Commerce Governmental Affairs Committee; The Boynton Health Care Center Abruzzo's award ceremony for Champion for the Elderly; Chief Katz's Town Hall Meeting at Leisureville, and the Kiwanis Installation Gala. On the 14th, he attended the 2-1-1 Help Line Gala. On the 15th he attended the Parks and Recreation Fall Festival. He attended the Afternoon Tea by Bethesda Health at the St. John RM Lee Center on the 16th, and on the 17th attended the Historic Society and the INCA Board Meeting. Commissioner Romelus announced she attended the Florida Redevelopment Association meeting in Orlando and was glad she was able to attend. Some of the CRA Advisory Board members attended as well and she gave a shout out to her father who celebrated his 78th birthday. Commissioner Casello noted on the 19th, he will attend the Coalition of Boynton West Residential Association Candidates' Day. Later in the day he will represent the City of Boynton Beach at the Sober Home Task Force meeting. He agreed to obtain business cards to hand out at the meetings and commented there is a TIP line to call when something suspicious is occurring which goes straight to the State Attorney's Office. He commented the Community Caring Center is dear to his heart and he announced their 2 Page 282 of 716 Meeting Minutes City Commission Meeting Boynton Beach, Florida October 18, 2016 "Cranksgiving" event, which cyclists will meet at the Twisted Fish. Last year, 54 cyclists participated, along with four or five markets and the cyclists go to the market and spend $20 per rider. Vans follow the riders and collect the food and make up baskets for those in need for the holidays for Thanksgiving. The goal this year was 100 riders. He agreed to provide more information as the event draws near. Vice Mayor McCray requested the Commission reconsider the agenda to add an Item G to Announcements & Presentations, Mindful Living Adult Coloring Contest as requested by Ms. Coles-Dobay. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Presentation by department staff about the Fire Department. Glenn Joseph, Fire Chief, introduced Jeff Davidson, Division Chief, Training and Safety, who started with the Department about four months ago. The Fire Department currently has 157 total positions. Ten were administrative and 128 were operations, which respond to fire, emergency and medical calls, including interventions. A new Division called Community Standards will include 12 Code Compliance Officers and five from Fire and Life Safety. Two more positions in Fire Life Safety will be added bringing the total Division to 19. The Department will merge the two departments together to make them more effective and meet the needs of the community. Vice Mayor McCray recognized Officer Pierre Vestiguerne who was promoted to Code Compliance Supervisor. There are five fire stations located throughout the City designed to reduce response times. Chief Joseph has often been asked why it takes so long to respond to a fire when a station is nearby. He noted sometimes that crew is out on a call so the next closest unit responds. Other areas the Department provides Fire and EMS services include Ocean Ridge, Briny Breezes, Hypoluxo, and the Village of Golf. For 2015/2016 the Department received about 13,000 calls. Chief Joseph reviewed the call volume for various types of calls and explained all of their firefighters are paramedics and they ride on the fire truck to stabilize patients before the transport unit arrives. Fire and Life Safety conducted over 9,000 inspections, 6,000 violations and 3,000 re - inspections in the last year. They issued 587 inspection permits and plans are sent to the Life Safety Division for review and comment. These inspections determine if the structure is safe to occupy. 3 Page 283 of 716 Meeting Minutes City Commission Meeting Boynton Beach, Florida October 18, 2016 Chief Joseph reviewed Community Service and explained the Division handles the Citizen Emergency Response Teams (CERT) who are volunteers, trained to respond in cases of severe disaster. Volunteers undergo refresher training once a year. There were 30 CERT volunteers with radios for Hurricane Matthew stationed in all the major areas of the City, and they provided a damage assessment within nine minutes. They are supplied with first aid equipment and radios. Last year, the Fire Department installed 433 car seats for citizens who often want to leave a tip. The Department collects the donations and uses them to buy car seats for those that cannot afford them. Last year, they donated 25 car seats for about $1,800. The Department conducts a lot of public education, especially with Life Safety and the Department held about 37 events last year, teaching more than 300 students CPR. The fishing tournament raised $8,000 which was given to the Kiwanis Club. In September, the Department donated an additional $28,000 to the Muscular Dystrophy Association (MDA) through the boot drive. The golf tournament will be next weekend, which last year raised $2,800 for Juvenile Diabetes. The Department also provided 180 flu vaccinations to employees and their families in the past three weeks. Chief Joseph reviewed projects for 2017 and explained merging the Community Standards Division was underway. The Department reclassified the Deputy Chief of Administration position and will look to fill this position internally, and begin to hire six firefighters to fully staff Fire Station No. 1 in January. They hoped to have all positions filled by April 1 st. The Department will replace structural firefighting turnout gear and self-contained breathing apparatus, as some of the equipment is 12 years old. Thermal imaging cameras will be acquired through two phases and 2017 will complete the second phase. The imagers will be installed in all first response units. A mandate by the National Fire Protection Association requires structural firefighting gear to be replaced every seven or eight years and a complete replacement is planned. Chief Joseph explained the department just put in service a bariatric unit, which is one of only three in the County, which is used for individuals over 400 pounds to give a faster and more efficient response and transport to the emergency room. Vice Mayor McCray asked about City heroin overdoses and learned the Department was seeing higher than normal overdoses, averaging 27 a week with at least one fatality every week. The Department has to restock the anecdote Narcam weekly because the new opiates require more anecdotes, sometimes up to 10 times the regular dose to revive the patient. Chief Joseph explained it is a serious problem and the Department was training responders that heroin is prolific and there are new types of opiates in a powdered form. By touching or inhaling the powder, the responder might get sick and they must wear gloves and exercise great caution. Vice Mayor McCray thanked Chief Joseph for the presentation. Commissioner Casello noted there were five overdose calls and one death in one night and the City should be 0 Page 284 of 716 Meeting Minutes City Commission Meeting Boynton Beach, Florida October 18, 2016 proud of fire service as it is a first class operation. He commented during his career in fire service the current overdose situation did not exist and it must be taxing on the department. He noted many individuals are habitual users and asked if they are transported to hospitals. Chief Joseph explained drug overdoses require advanced life support and the City always transport patients to the nearest facility, and if coherent to Delray, Bethesda or JFK hospital. The emphasis is on the quickest route possible. The Sober Home Task Force was trying to get a handle on the issue and Commissioner Casello thought if the City is a sober home mecca, the problem would continue. He thanked the Chief and the Department for their service. B. Announce early voting for the November 8th General Election being held from Monday, October 24th through Sunday, November 6th at the Ezell Hester Community Center. The polls are open from 7 a.m. to 7 p.m. each day. Mayor Grant announced early voting at Ezell Hester Center on October 24, 2016, from 7 a.m. to 7 p.m. C. Proclaim October 23-31, 2016 as Red Ribbon Week to encourage a drug free lifestyle and involvement in drug prevention and reduction efforts. Mayor Grant read the proclamation declaring October 23 — 316t as Red Ribbon Week. No one was present to accept the award. D. Proclaim October 17-21, 2016 as Poverty Awareness Week Mayor Grant read the Proclamation declaring October 17th - 21St as Poverty Awareness Week Kemberly Bush, CEO Pathways to Prosperity, and Tara Hails, Program Director, Pathways to Prosperity were present to accept the recognition. Ms. Bush thanked the City Commission for partnering with the organization and invited all to join them on a poverty awareness challenge. She asked participants to take the SNAP challenge and eat for $5.50 for the day per family member not using any food they have in their home. On Thursday, she requested the public take public transportation to experience what many families are dealing with every day. On Friday, they will be discussing the poverty challenge at their fundraiser at the Intracoastal Park Clubhouse from 6 p.m. to 10 p.m. She commented Pathways to Prosperity has graduated several Boynton Beach members through the CIRCLES Palm Beach County Program and helped them transition to self-sufficiency. Last month, one person purchased a home in the Heart of Boynton as a result of completing the program. She invited all to learn more about CIRCLES Palm Beach County by visiting www.pathwaysboynton.org. E. Discussion of Haiti relief efforts in partnership with Sister Cities. 5 Page 285 of 716 Meeting Minutes City Commission Meeting Boynton Beach, Florida October 18, 2016 Ms. LaVerriere spoke with Jeanne Heavilin, of the Sister Cities Organization, and Commissioner Romelus regarding efforts they would like the City to assist with regarding medical supplies for Haiti and using fire stations as collection points. Jane Marcel, Sister Cities, explained the day before Hurricane Matthew hit Les Cayes, Haiti, she received a voice recording from the Haitian government that indicated the U.S. State Department had issued an alert that Les Cayes will no longer exist. The information was to evacuate. Through emails and online messages it was confirmed Les Cayes was destroyed. The Haitian ambassadors in Washington DC told CNN they would like humanitarian help to go directly to the municipalities. The Mayor of Les Cayes issued a press release authorizing the Gaskov Clerge Foundation to collect disaster relief on behalf of Les Cayes. The Greater Boynton Beach Sister Cities has opened a PayPal account on its Facebook page called Greater Boynton Beach Sister City. All funds received will go to forward to the Gaskov Foundation. The Foundation also has a health clinic in Les Cayes. The Greater Boynton Beach Sister Cities organization requested Mayor Grant address a letter to Mayor Jean Gabriel Fortune of Les Cayes and to provide an opportunity to allow employees to donate, to collect funds for Les Cayes, and to set up a table at the Pirate Fest to collect funds for Les Cayes. Ms. Marcel explained they are participating with Major Joseph Bernadel and they learned he is collecting food, clothes, and other items to put in containers and ship to Les Cayes. She requested the City provide Sister Cities drop off locations. They are also working with organizations that provide relief to all Sister Cities in Haiti and she learned a team of local contractors are currently fixing homes where needed and the association is helping them. They are discussing feeding the hungry in Les Cayes with the Red Cross. Sister Cities of Boynton Beach is working on a joint fundraising event with Sister Cities of Delray Beach to raise funds for Les Cayes and Akin. Vice Mayor McCray favored using the fire stations as drop off points, and asked how often Sister Cities would collect the donated items. Ms. Marcel explained she or a representative would check every day. Joe Bernadel, member of the Palm Beach County Haiti Relief Fund, also sits as Vice Chair of the CRA in Delray Beach. Major Bernadel was asked to verify the requests and the valid organizations who submitted an inventory list of needed items and advised it was an 11 page document which he provided and the items would be posted online. The World Health Organization, (WHO), the Medical Assistance Program, and other smaller organizations, such as Hopeful Haiti developed an inventory list. There are no prices attached to the items as they are supposed to raise the money and procure items or people on their own can check with vendors and procure what they can and deliver the items to them to ensure they get to Haiti. Major Bernadel explained Hope Gel is promoted by the Boca Raton Hospital and Food for the Poor. It is a 500 calorie protein product that cost 35 cents to make and ship to Haiti. After three to five weeks of eating the Gel, most young children suffering from malnutrition have shown incredible recovery. D Page 286 of 716 Meeting Minutes City Commission Meeting Boynton Beach, Florida October 18, 2016 Vice Mayor McCray requested the press in attendance publish something in the paper about the City's efforts. The effort will be cross promoted on the City's webpage. Motion Vice Mayor McCray and Commissioner Romelus moved to approve use of the fire stations for collection/drop off points for relief efforts for Haiti. Commissioner Romelus thanked all and explained Boynton Beach's Sister City is Les Cayes and all the cities in the south were affected by the hurricane. The effects of the wind and rain affected cities to the north as well and the country's food stores are wiped out. Any assistance would be appreciated. Commissioner Romelus disclosed she was born in Haiti and came to the U.S. when she was six years old. F. Announcement of the Community Redevelopment Agency's (CRA's) 5th Annual Boynton Beach Pirate Fest and Mermaid Splash. Lord Governor Hyde was present to proclaim October 22nd and 23rd as the 5t" Annual Boynton Beach Haunted Pirate Fest and Mermaid Splash. A kick-off concert will occur on Friday, October 21St at 6 p.m. featuring Gold Dust Lounge, Grinder Nova and the Food Truck Invasion will be available. The festival is from 10 a.m. until 10 p.m. on Saturday, October 22nd. There will be 12 stages of entertainment including jugglers, acrobats, trapeze artists, comedy acts, swashbucklers, swordsmen, and gypsy dancers. There will be costumed characters, cannons, craftsman, artisans and musicians, and many children's activities with lots of pirates, thrills, chills and high adventure including mermaids who splash about in the lagoons, and a mermaid pageant. The festival continues on Sunday from 11 a.m. and ends at 7 p.m. There is free admission and ample parking. He invited all to join in for the spectacular 2nd largest Haunted Pirates Fest and Mermaid Splash festival of its kind. G. Mindful living adult coloring contest. Ms. Coles-Dobay, Public Art Manager, invited the community to participate in a coloring contest in partnership with the Arts Commission, AARP and HCl Publishing. There is a coloring page in the back of the Chamber, the Senior Center, City Library and City Hall of sea life, which is also downloadable from www.boVntonbeacharts.org. The final winner will be published in the national AARP coloring book. November 3rd is the deadline. The Arts Commission will select 10 finalists and the final decision made by the AARP Director in Washington. On November 16t", the AARP Director will visit Boynton Beach and announce the winner at the City Library, which will also feature a giant coloring wall. 4. PUBLIC AUDIENCE 7 Page 287 of 716 Meeting Minutes City Commission Meeting Boynton Beach, Florida October 18, 2016 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) Michael Norwood, Chairman, Martin Luther King Committee, announced the Planning Committee is excited about this year's activities, and they need the City's support and participation as a partner in the event. Last year, the City Commission, CRR, representatives from the City Manager's office, Police and Fire and others such as the Boynton Beach P2P, HOB Outreach and the Boynton Beach Ministers Coalition worked to make the event a success. This year's committee will continue to make the event more inclusive, and wanted to make the committee as diverse as the City. This year's activities tentatively include a grand parade on January 7th, ending with a Unity Day Celebration in the park. The award gala will take place on January 15th at Benevenuto and conclude on MLK Monday with a day of service. All programs and projects are in the planning stages. He asked the City Commission to contact him if they knew of anyone interested in serving on the Planning Committee. He commented the event is not a District II or a Black event. The Committee espouses what Martin Luther King stood for and his hope was the Celebration will reflect the diversity and unity of the City. Vice Mayor McCray noted Eleanor Krusell was the City's liaison last year and he learned she and John Durgan are the liaisons this year. Commissioner Romelus noted the CRA won an award for the MLK banners. She commended all for their hard work and winning the award speaks well of the Committee. Vice Mayor McCray thought the community should know about award and be publicized. Tom McClure, 2004 S. Federal Highway, President of BIG, advised Officer Denise Shrecengost (a/k/a Schrec), replacing Officer Rita Swan as the new Community Service Officer with the Citizens Observer Patrol (COP), attended a Boynton Intracoastal Group (BIG) meeting earlier in the day. She has joined the Boynton Coalition with the COP program and is an asset to the organization. Mr. McClure announced Mary Nagle, from District III was the new president of BIG. He also announced the Second Annual BIG Golf Tournament on November 14th at Lakeview Country Club. He noted Commissioner Casello will be playing with the Chief, and former Commissioner Mike Fitzpatrick is on the wire. The Fire Department has four teams attending, and former Mayor Jerry Taylor and his team will also be present. The honorary Chairperson is Commissioner Romelus. He announced it is a great event and it provides for the funds to pay for the COP car, gas and to help the City with funding for needed items. He encouraged all to attend. Lisa Browne Banic, Army Reserves, Human Resources and Public Affairs Officer, 720 E. Ocean Avenue, unit 504, as a former veteran announced the fifth monthly Recreation and Parks activity with Stand Down House and the Salvation Army Center of Hope Transitional Housing Program. She explained veterans are struggling with many issues including homelessness. So far, they were able to provide veterans with activities like surfing, volleyball at the Hester Center, swimming at the Densen Pool and kayaking at Page 288 -of 716 Meeting Minutes City Commission Meeting Boynton Beach, Florida October 18, 2016 Intracoastal Park. The next event on Saturday, November 5t" will be snorkeling and she invited anyone who wants to partner or sponsor an event to contact Wally Majors. Commissioner Casello asked, other than recreational programs for veterans, if there was a place homeless veterans can go for housing. Ms. Banic explained the Stand Down house has limited facilities, and is transitional while the veterans get the help they need. The facility cannot accommodate more than 15 veterans. No one else coming forward, Public Audience was closed.. 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 Regs and 1 Alt Building Board of Adjustments & Appeals - 1 Reg Education and Youth Advisory Bd: 2 Alts Historic Resources Preservation Bd: 1 Alt Senior Advisory Board: 2 Alts (There were no applicants) 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 A. PROPOSED RESOLUTION NO. R16-137 - Authorize the City Manager to sign an extension of the Interlocal Agreement with the Town of Lantana for Water Main Interconnection as previously agreed in resolution R12-007 and signed January 24, 2012. This extension to be for a period of 5 years as detailed in Section 6 of the current agreement. B. PROPOSED RESOLUTION NO. R16-138 - Authorize the City Manager to sign a Subscription Agreement with American Funding Innovators, Inc. for an annual amount of $7,825 for the service period November 1, 2016 - October 31, 2017, D Page 289 of 716 Meeting Minutes City Commission Meeting Boynton Beach, Florida October 18, 2016 C. Approve the annual blanket purchase order request for an estimated total annual expenditures of $30,000 to Sunbelt Waste Equipment for Heil manufactured waste haul bodies. Sunbelt Waste Equipment is the sole source and authorized dealer and repair center for Heil products. D. Approve to increase the Purchase Order #160152 to South Florida Emergency Vehicles from $20,000 to $40,500, this is a sole source purchase. E. Authorize utilizing the State of Florida Contract No. 46000000-15-1, Defense Products, with Lou's Police and Security Equipment for police equipment, body armor, firearms and ammunition for an estimated annual expenditure of $90,000. The State of Florida procurement process satisfies the City's competitive bid requirements. F. Legal expenses - September 2016 - Information at the request of the Commission. No action required. G. Accept the Fiscal Year 2015-2016 Budget Status Report of the General Fund and the Utilities Fund for the eleven (11) month period ending August 31, 2016. H. Approve the extensions for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities as described in the written report for October 18, 2016 - "Request for Extensions and/or Piggybacks". I. Approve the minutes from the Regular City Commission meeting held on October 4, 2016. Motion Vice Mayor McCray moved to approve the Consent Agenda with the amendments to Item I. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 A. Authorize the expenditure of a not -to -exceed amount of $175,000 to furnish and install emergency equipment for law enforcement vehicles for the FY 16/17, based on Bid No. 020-2110-16/JMA, with Law Enforcement Supply of Coconut Creek, FL as Primary Vendor and to Strobes -R -Us Inc. of Pompano Beach, FL as the Secondary Vendor that was awarded by the Commission on March 1, 2016. 10 Page 290 of 716 Meeting Minutes City Commission Meeting Boynton Beach, Florida October 18, 2016 Motion Vice Mayor McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 10. CITY MANAGER'S REPORT -None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. PROPOSED RESOLUTION NO. R16-139 - Authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) for the CRA funding of the Neighborhood Officer Policing Program for FY 16/17 for an amount not to exceed $263,000. Motion Commissioner Romelus moved to approve. Vice Mayor McCray seconded the motion. Vice Mayor McCray commented he is a proponent of the program, but after the first year he felt the program did not do enough. After speaking with the Neighborhood Officers, the Police Chief, CRA and Lori LaVerriere, City Manager, they are on the right path and they should see some improvements. Vote The motion unanimously passed. B. PROPOSED RESOLUTION NO. R16-140 - Authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) to provide financial support to the Heritage at City View Housing Partners, LP (NuRock Development Partners, 11 Page 291 of 716 Meeting Minutes City Commission Meeting Boynton Beach, Florida October 18, 2016 Inc.) in association with their application for the 9% tax credit for Low Income Housing Tax Credit program for the proposed development on southeast side of Martin Luther King Jr. Blvd and sign any related application documents to confirm such support. Motion Commissioner Casello moved to approve. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. C. Travel approval to Taiwan Mayor Grant explained he met with his father's Rotarian friend who is the Consulate for Taiwan in Miami. He showed him around the City and he requested Mayor Grant submit an application for Taiwan's annual event inviting Mayors and Commissioners from around the country to visit Taiwan and he was selected. He asked permission to go. If approved by the City Commission, the trip is at no cost to the City. It was hoped the trip would benefit Boynton Beach. The trip will take place from November 11th to the 20th. Motion Commissioner Casello moved to approve. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. 13. COMMUNITY REDEVELOPMENT ADVISORY BOARD - None 14. LEGAL - None 15. FUTURE AGENDA ITEMS Motion Vice Mayor McCray moved to add a request for staff to review the zoning regulations for possible amendments to allow a medical clinic or office at a residential or community development to serve those residents of the community as Future Agenda Item E. Commissioner Romelus seconded the motion. 12 Page 292 of 716 Meeting Minutes City Commission Meeting Boynton Beach, Florida 17•i1 The motion unanimously passed. October 18, 2016 A. City Commission to review Legislative Priority List for upcoming Legislative Session - November 2016 B. Monthly Departmental Presentations: Human Resources - November 2016 City Clerk - December 2016 Library - January 2017 Communications/Marketing - February 2017 C. PROPOSED ORDINANCE NO. 16-018 - SECOND READING - Approve amendments to the Comprehensive Plan Coastal Management Element for transmittal to the Department of Economic Opportunity for the State -Coordinated Review. The proposed amendments address new statutory requirements pertaining to prevention/ mitigation of flood hazards in the coastal areas (Chapter 163.3178, F.S.) and update the remaining objectives and policies to account for completions and changes in the City's programs. (TBD upon return with State approval) D. Upon successful negotiations, the Commission will ratify the SEIU and PBA union contracts -TBD Commissioner Romelus inquired how the Police Department was addressing narcotics and drug overdoses in the field and learned the officers handling new narcotics that are potentially lethal on touch, are receiving training and the Department was encouraging officers to use universal health precautions including gloves and/or masks. Vice Mayor McCray noted an officer in another municipality was attacked by an individual on Flakka and asked if officers were being trained to handle those events and learned they were. Commissioner Casello noted Police Chief Katz put on a great Quarterly Town Hall meeting. 16. ADJOURNMENT Motion There being no further business to discuss, Commissioner Romelus moved to adjourn. Vice Mayor McCray seconded the motion. 13 Page 293 of 716 Meeting Minutes City Commission Meeting Boynton Beach, Florida Vote October 18, 2016 The motion unanimously passed. The meeting was adjourned at 7:35 p.m. ATTEST Judith A. Pyle, CMC City Clerk ta Catherine Cherry Minutes Specialist `[! CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor - Mack McCray Commissioner - Justin Katz Commissioner - Christina Romelus Commissioner - Joe Casello Page 294 of 716 7.A. BIDS AND PURCHASES OVER $100,000 11/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-144 -Authorize the City Manager to sign Task Order U -2C-03 with Carollo Engineers for GIS work in connection with the Utilities Management Optimization Project with a not to exceed amount of $139,700. This is in accordance with the approval of RFQ 017-2821-14/DJL, General Consulting Services, Scope C as approved by the City Commission on July 1, 2014. EXPLANATION OF REQUEST. Carollo Engineering and their sub -consultant, Florida Technical Consultants (FTC), have been working on our base map as part of the Utilities Management Optimization Project in order to prepare hydraulic models of our systems. During this work it was determined that there was a considerable back log of work to add a large number of recent developments into our base map. This task order is to provide staff with assistance in bringing the base map up to date and to design mechanisms to facilitate future additions and prevent this situation from reoccurring. FTC will also assist field staff in researching field investigation of issues identified in the work. Finally the project will provide mechanisms for expanding use of the technologies by field crews for both locations and troubleshooting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Having an accurate base map is an essential element for the running of a modern utility. This will enable us to improve planning of system repairs and improvements, enable more rapid response to system problems and facilitate more accurate location of lines to prevent problems during construction work. FISCAL IMPACT. Budgeted The total cost of $139,700 will be met from the following accounts 403-5000-535-31.90 403-5000-580-65.06 ALTERNATIVES: The alternative is to not update the base map. This will result in higher ongoing costs for the Utility in maintaining their infrastructure. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 295 of 716 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment D Attachment REVIEWERS: Department Utilities Utilities Finance Legal City Manager Description Resolution approving and authorizing City Manager to sign Task Order with Carollo Engineers for GIS Base Map Carollo Task Order FTC Work Outline Reviewer Action Groff, Colin Approved Groff, Colin Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 10/26/2016 - 1:41 IIIA 10/26/2016 - 1:41 IIIA 10/26/2016 - 2:22 IIIA 10/27/2016 - 2:58 IIIA 10/28/2016 - 11:43 AM Page 296 of 716 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 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN TASK ORDER U -2C-03 WITH CAROLLO ENGINEERS FOR GIS WORK IN CONNECTION WITH THE UTILITIES MANAGEMENT OPTIMIZATION PROJECT IN AN AMOUNT NOT TO EXCEED $139,700.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Carollo Engineers, a company which falls under the General Consulting Services Agreement dated July 1, 2014 (RFQ 017-2821-14/DJL), and their sub -consultant, Florida Technical Consultants (FTC), have been working on our base map as part of the Utilities Management Optimization Project in order to prepare hydraulic models of our systems; and WHEREAS, it was determined that there was a considerable back log of work to add a large number of recent developments into our base map; and WHEREAS, this proposed Task Order will provide staff with assistance in bringing the base map up to date and to design mechanisms to facilitate future additions and prevent this situation from reoccurring; and WHEREAS, staff is recommending that the City Commission approve and authorize the City Manager to sign the Task Order U -2C-03 with Carollo Engineers for GIS work in connection with Utilities Management Optimization Project in an amount not to exceed $139,700.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\6F29EBBF-937B-4981-9C8D-9712F8695891\Boynton Beach. 4326.1. Carol lo_Engineers _Task _Order _(G I S)_Reso. doc Page 297 of 716 30 Section 2. The City Commission of the City of Boynton Beach, Florida does 31 hereby approve and authorize the City Manager to sign a Task Order U -2C-03 with Carollo 32 Engineers for GIS work in connection with Utilities Management Optimization Project in an 33 amount not to exceed $139,700.00, a copy of which is attached hereto as Exhibit "A". 34 Section 3. This Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this day of , 2016. 36 CITY OF BOYNTON BEACH, FLORIDA 37 38 YES NO 39 40 Mayor — Steven B. Grant 41 42 Vice Mayor — Mack McCray 43 44 Commissioner — Justin Katz 45 46 Commissioner — Christina L. Romelus 47 48 Commissioner — Joe Casello 49 50 VOTE 51 52 ATTEST: 53 54 55 56 Judith A. Pyle, CMC 57 City Clerk 58 59 60 61 (Corporate Seal) 62 CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\6F29EBBF-937B-4981-9C8D-9712F8695891\Boynton Beach. 4326.1. Carol lo_Engineers _Task _Order _(G I S)_Reso. doc Page 298 of 716 AWAM N10% Engineers...'Working Wonders With Kliter`'�' October 17, 2016 Mr. Michael Low City of Boynton Beach 124 E. Woolbright Rd. Boynton Beach, FL 33435 Subject: Task Order No. U -2C-03 Dear Mr. Low: Attached is our proposal for GIS services for the year 2017. We look forward to working with the City on this important project. Sincerely, CAROLLO ENGINEERS, INC. Elizabeth Fujikawa, PE, LEED AP Vice President on Boynton Beach\SOW_2014_0811 I SOW_U-2C-02.docx GIS Services for the Year 2017 Contract No.: 017-2821-14/DJL-General Consulting Services Scope Category "C" Task Order No. U -2C-02 SCOPE OF SERVICES Background The City of Boynton Beach (City) wants to enhance the use of their GIS through standardization of data management and increase in usage by City staff. Scope of Work This work will be done by Florida Technical Consultants as detailed in the attached pages. Fee The method of payment for this project will be the subconsultant's hourly billing rates plus reimbursables plus a markup of 10 percent by Carollo. Total cost not to exceed $139,700. Schedule Work will be completed over the course of the year 2017. pw://Carollo/Documents/Client/FUPompano Beach/8683D10 Phase II/Specifications/SOW-2014-0811 Page 300 of Il16 pw://Carollo/Documents/Client/FUPompano Beach/8683D10 Phase II/Specifications/SOW-2014-0811 Page 301 of ?16 Elizabeth Fujikawa <EFujikawa@carollo.com> Elizabeth Fujikawa Carollo Engineers Subject: Boynton Beach Utilities GIS Work Plan Dear Ms. Fujikawa, Florida t echn�cal Consultants, LLC 10327 327 Trrlvero Terrace Boynton Beach, FL 33437 Toll 954-914-3433 jbarton@f tecinlinc.r orn October 16, 2016 Florida Technical Consultants (FTC) is pleased to provide this Work Plan and Scope for GIS Support services to the Boynton Beach UMP Project. As per discussions and coordination meetings with your team and the Town, the following is a work plan that will provide value to the City and make the project successful. Each task will have a deliverable which can be measured and reported. Data Completion and Updates The systems will work best if all possible GIS data is collected and completed before integrating into software packages. All data should be created and maintained in an ESRI Local Government Information Model (LGIM) format which will be compatible with new software tools and developments. Additional features can be added moving forward. The GIS will be completed and updated according to the following tasks: Task 1: As -Built Tracking Tool As-builts drawings from construction are stored in varying formats in Laser Fiche. They are not geographically referenced in GIS. Since Boynton staff know where all the as-builts projects are in the field, it will be most cost effective for Boynton staff to research the as-builts and assist locating them in GIS. FTC will provide GIS tools for staff to quickly map as -built locations in GIS and track future projects. Task 2: Historical CAD As-Builts entered into the GIS Geodatabase There are over 75 CAD based as-builts to be entered into GIS. These are larger projects of multi -family, residential neighborhoods completed within the past 10 years. The CAD data should be used to edit the geodatabase according to the LGIM. The GIS will not include private services beyond the meters on commercial or industrial properties. FTC will review and update the standards for as -built collection and integration into GIS, from both outside contractors and internal projects. Task 3: Operations Support FTC will support operations to establish and implement ArcGIS throughout the Utilities Organization. This work will have many facets. FTC will coordinate with GIS / IT Department to: • Define users • Establish Software needs • Support procurement of sufficient licenses to support Utilities • Standardize hardware throughout organization FTC will establish Utilities Organizational Online System • Create Groups for Utilities Departments • Create and invite users to appropriate groups • Set permissions for viewing and editing • Build specific maps and applications for office users and field data collection Page 302 of 716 FTC will interface with City GIS to support data Integration with Water and Mintek • Establishing data flow protocols • Coordinating with software companies to troubleshoot and resolve issues FTC will continually work with staff to update GIS Data based on • Information from field data collection. • Historical as-builts in paper scanned format (non -CAD) • Internal construction projects • Internal maintenance operations Training: FTC will provide an extensive training program to utilities staff including but not limited to: • GIS Desktop: General training to create maps, edit data and perform analysis • ArcGIS Online: General training on data viewing and editing. Specific training for field crews • As -Built tracking: Provide training on collecting, reviewing and converting as -built data into GIS • Training Videos: Training videos will be provided for staff to review in the future Deliverables FTC will provide the following deliverables. Technical Memo outlining the results of coordination with The City GIS Department to: • Identify Users and Departments • Establish data storage and backup • Define access and permissions Maps, Apps and Data to support operations • Set up a series of maps for each department to access GIS data • Set up ArcGIS Online Interface for Groups and Users • Create Online Maps and Specific Applications • Provide all data created Training • Training Schedule defining dates and subjects • On -Site training • Training support videos Monthly Report: FTC will provide Carollo monthly project status report outlining: • Activities • Status of data updates • New Maps and Apps Assumptions • The City will provide access to all relevant utility drawings, CAD plans and background information. • The City will provide access to staff necessary to research and digitize data • The City will provide access to staff necessary for training • The City will provide a training location with a strong internet connection FLORIDA TECHNICAL CONSULTANTS Page 2 of 3 10/16/2016 Boynton Beach GIS Services Page 303 of 716 Fees and Schedule All tasks will be billed on an hourly basis according to the following schedule. Task GIS Trainer $125 / hr Senior GIS Analyst $95 / hr Fees Task 1: As -Built Tracking Tool 40 $ $ 5,000 Task 2: Historical CAD As-Builts 220 500 $ 75,000 Task 3: Operations Support 205 225 $ 47,000 Total Hours 465 725 $ 127,000 The following is a schedule of tasks with estimated fees and schedule. Task FTC Fee Carollo Fee Schedule Task 1: As -Built Tracking Tool $ 5,000 $ 5,500 12 Months Task 2: Historical CAD As-Builts $ 75,000 $ 82,500 6 Months Task 3: Operations Support $ 47,000 $ 51,700 12 Months TOTAL $ 127,000 $ 139,700 Any funds remaining in a task upon completion of that task will be reallocated to another task or to Data Completion according to budget. Carollo will be billed monthly according to the services and deliverables provided. Thank you for including us on your team. If you approve the proposed scope of not to exceed $127,000 please sign this proposal in the area provided below. Should you have any questions, please do not hesitate to contact me at my office at (954) 954-8488, or send me an electronic message at jbarton@fltechinc.com. Approved by Carollo: (Print Name) (Signature) Respectfully submitted, Flori�a echnical Consultants James Barton, P.E. President (Date) FLORIDA TECHNICAL CONSULTANTS Page 3 of 3 10/16/2016 Boynton Beach GIS Services Page 304 of 716 7.B. BIDS AND PURCHASES OVER $100,000 11/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 REQUESTED ACTION BY COMMISSION: Award the Bid for the "Replacement of the Roof and HVAC System for the Pistol Range" to Al Property Services Group of Miami, FL as the most responsive, responsible bidder for the submitted bid amount of $167,307. Staff is requesting a 10% contingency of $16,730 for a total approved amount of $184,037. EXPLANATION OF REQUEST: On September 28, 2016, Procurement Services opened three (3) bids in response to the Invitation to Bid for the "Replacement of Roof and HVAC System for the Police Pistol Range", Bid No. 058-2110-16/JMA. This solicitation was for the removal of the existing roof down to the concrete, and the removal of all existing HVAC equipment/ductwork and replace as directed in the Architectural and Mechanical Drawings by Florida Caribbean Architecture. The bid proposal from SMC Air Conditioning of Davie, FL was declared non-responsive because they did not include the Mandatory Bidder's Site Inspection Confirmation and the Project Schedule (timeline) as required by the Bid Specifications. The second lowest submitted bid from Al Property Services Group was carefully reviewed and evaluated by Engineering Staff, and references were secured from three governmental agencies that had awarded bids to Al Property Services. Engineering recommends award of this project to Al Property Services Group as the lowest, most responsive, responsible bidder. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The present roof is an old gravel style flat -deck which is leaking and causing issues with the building's interior and equipment. The present roof -top a/c is also a culprit of water intrusion due to its rusting ductwork and roof penetrations for securing it to the building. Replacement of these aging building components will assure a secure and dry interior for the Pistol Range. FISCAL IMPACT. Budgeted Funds for this expenditure are budgeted in CIP Account No. 302-4125-580-62-01, Project No. GG 1608. ALTERNATIVES: Re -bid this project or do not proceed with the renovations. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 305 of 716 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Memo D Tab Sheets D Attachment REVIEWERS: Department Finance Finance Legal City Manager Description Procurement Memo Tabulation Sheet Proposal from Al Property Reviewer Action Alibrandi, Julie Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 1012112016- 10:14 AM 10/25/2016 - 8:45 AM 10/25/2016 - 4:49 PPA 10/27/2016 - 2:07 PPA Page 306 of 716 CITY OF BOYNTON BEACH FINANCE DEPARTMENT/PROCUREMENT SERVICES MEMORANDUM TO: Tim W. Howard DATE: October 19, 2016 Assistant City Manager FROM: Julie Alibrandi Senior Buyer RE: Bid No.: 058-2110-16/JMA Replacement of the Roof and HVAC System for the Pistol Range On August 3, 2016, The City of Boynton Beach advertised a Bid for the Replacement of the Roof and HVAC System for the Pistol Range. The solicitation documents including drawings were uploaded to the City's e -Procurement System, Demandstar.com to ensure that a broader vendor base would be invited to participate. I uploaded contact information from 14 HVAC and roofing companies that had performed services for the City, and vendors that had completed a vendor application and were entered in the City's Master Vendor database. In addition, 687 suppliers were notified by Demandstar. This bid solicitation was also advertised in the August 5, 2016 Palm Beach Post. At the Mandatory Pre -Bid Conference and Mandatory Site Visit on August 30, 2016, six firms were in attendance. On September 28, 2016, three (3) firms submitted bids and the three submitting firms attended the bid opening. In addition to cost, bid responses were evaluated based on responsiveness in terms of deliverables as per the bid documents, and responsibility proving that the Contractor has a viable firm. SMC Air Conditioning of Davie, FL submitted the lowest bid, but did not submit the Mandatory Bidder's Site Inspection Confirmation and a Project Schedule as required by the Bid Specifications. SMC was determined to be non-responsive since they failed to provide all the required documents per bid specifications. The next lowest Bidder is Al Property Services Group who submitted all required documents. Al's licenses were checked to ensure they are current and valid to do business in Florida, and references were secured from several companies that had work performed by Al Property Services Group. Al Property Services provided a Bid Bond for 5% of their bid price of $167,307.00. Therefore, Al Property Services is recommended as the lowest, most responsive, responsible bidder to perform the solicited services for the replacement of the roof and HVAC system for the Pistol Range. 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L� PAGES I f , x s S iF m sn �n, ALL n aJ3 s, l iFl th{ tri a)}SEns "i�S vl�n EM,,,,' t � 1 ,. � ,m,m,m,m,m.n 6 n, 464""""”, xy� � a ms as need � ?f�� r�.,t,�ixa�� n ,.„,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,�,,.. ....................................„,,,,,,,,,,,,,,,,,, . ,,, �,�, S ... ......... ,rrws 3 f (n ?)° x BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 310 of 716 !Y—FE (Orrunvnoe Based Only) f11.TLIMA% REWIRED Gerneral Liabilitt; Genemi Aggregate $ 11000,000.00 ton satercial 0enem1Liability Pmducts-( orrqV0p Agg, $ 1,000,000,00 Owners & Contract&a prat ti (0<,,1,P) Personal & Adv, Injury $ 1,000,000.00 Liquor Liability Each Occurrence S 1,000,000,00 Professional Liability Fire Damage (any one fire) S 50,000M Employeas & Officers Lel edical.Expeits e (any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Fami Vendors Premises t" dons Underground Explosion & Collapse Pr du Completed Operations Contractual Independent Conn -actors Broad Form Property Dwnage Fire Legal Liability Automobile Liability Combined Single Limit S 300,000M Any Auto Bodily Injury (per person) to be deterriTined All Own ctlAutas Bodily Injury (per accident) va ire detcrmizred Scheduled Autos Pyolmrly Darnage to be determined Hired Autos Tredler Interchangt 50,000.00 Non-OwnedAutos PIP legit Intermodal Gatzge Liability Auto Only, Each Accident $ 1,000.000m Any Auto Other Than Auto only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 Excess Liability Earch 0'1""vurrence 'to be drat-r–inined Umbrella Form Aggri,,,gsae to bm de"ciii l aed worker's compens adori Statutory Limits Employees Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 50ti,owo Disease Epch Employee $ 100,0w.00 propen'l- y mmin a Revocable Permit S dam, X00 Builderls Risk Lintits based on Project Cost Othm - As Rusk Rlettified to be deltermined zo Page 311 of 716 BIDDER ACKNOWLEDGEMENT Submit Ids 'foa FINANCE/PROGUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O.310 Boynton each, Flodda 33425-0310 Telephone- (5 61) 742-6322 Id 'Title; REPLACEMENT OF THE ROOF MD HVAC FOR THE PISTOL RANGE Bid Number: Bid ReceivedBy: SEPTEMBER 20, 2016v NO LATER THM 2-530 P.M. Bids will be opened in Procurement Services unless specified otherwise, Bid receiving date and time is scheduled for: SEPTEMBER 20, 2016, no later than 2.-30P.M., and may not be -withdrawn within ninety ( Maya after such date and time. Al awards made as a result of fts bid shall conform to applicable sections of the charter and codes of the City. Vendor MailingDate: 9/28/2016 ar ... i i 6 t Name7�o Typed .� THIS PAGE TO BE SUBMITTED L PACKAGE To BE CONSIDERED COMPLETE AND ACCEPT48LE A -L Page 312 of 716 CITY OF BOYNTONBEACH FLORIDA TITLEw. REPLACEMENT OF THE ROOF AND HVAC FOR THE PISTOL RANGE BID NO.- 058-2110-16QMA BIDDER -Al Property1Group DATE SUBMITTED: 9/28/2016 We propose and agree, if this bid is accepted, to contract with the City of Boyntoneach, in the Contract Form, to furnish aVl material, equipment, machinery, tools, apparatus, means o transportation, construction, coordination, labor and services necessary to complete/provide the work specified y the Contract documents. Having i studied the documents prepared by: tARCHITECTURE and having examined the project site (when indicated in these specifications to do so, we propose to perform the work of this Project according to the Contract document%% and the following addenda which we have received: ADDENDUMTE ADDENDUM DATE 001 9/9/2016 THIS AGE TO BE SUBMITTEDALONG PACKAGE TO BE CONSIDEREDo f E AND ACCEPTABLE -1 Page 313 of 716 ACKNOWLEDGEMENT _ F _, o f REPLACEMENT OF THE d%a«�}%H V\d d2\d6 t FOR THE PISTOL RANGE &� TE 9J ?t mt«&<< ADDENDUM.! Page 314 0 716 REPLACEMENT OF THE ROOF AND HVAC SYSTEM FOR THE PISTOL RANGE f41C �� The Bidder agrees to accept as full payment. The Scope ofWork is more clearly defined In the Contract Documents, Special Conditions and Technical Specifications. The completed Work will provide the removal ali of the existing roof and HVAC System and the re- roofing and furnish and .lntail a new HVAC roof -top System as described in the Drawings and Specifications by Florida -Caribbean roh eot re„ The Scope of Work is more clearly defined in the Contract Documents, Special Conditions, and Technical Specifications. ilt' '+l�roi� �G ID �l>S�hui LUMP SU 140,iit W"U 16 7 507- co �.. ollara Arr- nt V��rftten ln hias l.,t��'i�`;�V,�h�"��nili ��€avo-�„'��,�, GeflAw- Attached is a Computer Generated Hodzontal BarChart-. XXX The undersigned bidder agrees to complete the work within onq�-hundred twenty 1120) calendar days after the commencement date, The undersigned bidder hereby represents that he has carefully examined ed the drawings and the Contract Mcluding all Contract documents and will execute the Contract and perform all its items, covenants and conditions, all in exact compliance ith the requirements o the specifications and drawings. Page 315 of 716 The bidder, by submission of is Bid acknowledges 'khat the bidder has been advised that !in the event bidder meatst e award of til project to another bidder, that the bidder damages, ff any, re l m ited to actual d preparation and bidder hereby ,fives any claimit may have for otam daas iir� froom the iit s fail to ward tie roe bidder.. Al rGroup (Name cIft" der, COr ation, F lrm s n!du L at it r Printed Name 305 471-7353 -Naha geo@al propertyservices. net Dat9/28/2016 e -, Florida Contractor's License Number r I Contractor Contractor i Contractor Page 316 of 716 STATE OF 0 COUNTY OF PALM BEACH KNOW ALL MEN BY THESE PRESENTS, ffiwt _!�-1 ProPerty Service's Gwot,�p, Ino, OBLIGATION 'rHE CONDITION OF THIS IS SUCH, that whereas the PrIncipal har; accompanyingsubmdted the a rr: THEREFORE,NOW 4 mm Page 317 of 716 l„ } WITNESS:to authority of is governing body. CUM If Sole Ownershipr Partnership, two (2) Witnesses required), If Corporation, Secretary only! t). Name of Firm t FCCI Corporate surety WITNESS: f IM 890 SW 69th Ave. Business Miami, FL 33144 City grid State 1314 E. Atlantic Blvd. 1 In as -sAd d POMIDano Beach FL 33060 1 state Name fI Ir RHM Page 318 of 716 sIgnature, and his ihereto Is genuine, and that said bond was duly signed, sealed,d COUNTY OF PALM BEACH } Commission # FF 99T727 May 11. X020 Page 319 of 716 State of Florida County of Sarasota Before me this day personally appeared Craig Johnson, who is personally known to me and who executed the foregoing document for the purposes expressed My commission expires- 9/25/2020 NoWry Pubic State of Florida County of Sarasota Before me this day personaly appeared Thomas A, Kov executed the floregoing document for the purposes axpressed therein My commission expims.- 9M/2020 4 Stan d! co LTpm EOUFF q., who is pemonally known to me and who 1, ft undersigned Secretary of FCCI Insurance Company, a Florida Corporation, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in ful I force and has not been revoked; and furthermore that the February 24, 2011 Resolution of the Board of Directors, referenced in said Power of Attorney, is now in force, Dated this day of ey Th E els Esq, EVP, I ffirs G340VL�nt Affairs and ry 140NMM-NA-04, MIS Pf � a Page-320,of 716 STATEMENT OF BIDDER'S QUALIFICATIONS Each Contractor bidding on work included ire these General Documents shalt prepare and submit the data requested in the following schedule of information. This data must be included In and rnade part of each bid document. Failure to comply with this instruction may be regarded as justification for rejecting the Contractor's proposal, act additional sheets givingthe information 1 Name of Bidder- Al Property Services Group Z Business ;address:890 SW 9 th Ave Florida 3314 3. When Organized: 200 4. Where Incorporated: Floddia 5. Pow many yea a you been engaged in the contracting business under the present firm name 6. General character of work performed by your company. privateCommercial and Industrial roofing,roof replacement projects HVAC retrofit projects in conjuction with roof replacements Municipal and contracting work 7. Number of employees. 40 8. Background and experience of principal members of your personnel, including officers. 9. Bonding capacity. 10. Have you ever defaulted on acontrast? If so, where and why?* THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE BE CONSIDERED COMPLErE AND ACCEPTABLE S -I Page 321 of 716 STATEMENT OF BIDDER'SQUALIFICA71ONS continued, ..... 11. Experience in performance. Project, Value Contact Narne Ph Miami r. 555,000.00 Jorge Perez 305 375-1153 Belle,�, � .,u,u,u,u,u,u,u,.., .,.,.,..,,KK.,m,m,m,m,m,m,r.r,,,,.,.,.,.,.,.,.....,�,,,.H,,,.,,,.,,,.,,,.,,, ., �,M,M,M, .., �,M,M,M,M,M,M,�„M,M,M,M- 561996-0100 x1 29 SW Ranches Town Hall 180,000.00 EmilyMcCord ,,,,,,,,,,,,,,,,,,,,,,,,M,..,,,,,.,..,,,,,.,..,,,,,.,. ,.,,,,,,,,.,,,,,,-,. Housing 1) area from oonstruction projects: * none occurred within the last 4 years: none provide case number and style: none Datedatu ,UvuuuuuuuF this 28 uuuuuuuuuuu.,,.uvuuuuu »uuuuuuuu da of Se ember216 B: Name: Tippany Title: President THIS PAGE TO BE SUBMITTIO ALONOtBID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEFrABLE S - Page 322 of 716 MADRUGA, YOSVANY A-1 PROPERW SERVICES GROUP INC, 841 SW 69TH AVENUE AM1 L 33144 ra r I r r N, �'��nanl ;; t6 y I ta _a ire r 111 j�� om stro aml they a 08 �° c, Worn i bra r a - rr rrrr� nSwae do busineas in order Glut 1 1. aqcp �x v T n � more rar n the r uI, tlan that � mt-,t „ � • � nw8letters and Warn ror 't our rr'(r'�1 gr st +hs DOPArtrnent is: Uwnsw EfWanUy, Roquintp PWIYY VIM Wnstannyjr�rr to sonic you bolter so 1�i j yo€ j o r, serer your cusfOrners. Thank n you I& doleg businassin Podda, and corgral.ulations on your nmj 11censel -, CC RTMED> Fdw, the PFOV,140ns It Ch, 488 FS, PFC. SAW A VOR L i IAN OS ,,=r DETACH HERE KEN I-XITS N, SECRETARY STATE OF FLORIDA MA T ENT OF EWSWESS AND PROFESSIONAL E U TION CONSTRUcroom wpusiw LICENSING �� g�, ; � Xg9s 0 w k r FS,EXPiratlo date, AUG 1, 2618 . MADRUGA, YOSVANY A-1 PROPEMY SERVICES GROUP INC, ago s ' 69TH AVENUE AW FL 33144 ISSUED: wlavxia DISPLAYASSREQUIRED BY i AW err 0, 441111041 A_,., -Page 323 of 716 MADRUGA, YOSMANY F A-1 PROPERTY SERVICES GROUP INC 841 SW69THAVS NUE MIAMI FL 33144 RiGX'8(,'0T7, GJOWERNOR 18 CERTmED u ricler the provIslons of Ch. 4&g F,,& PNW#fti dAm - AUG 31. =a L160614CU-17is DETACH HERE KEN LAWSON SECRETARY STATE OF FLORIDA I)EPARTWNT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUC71ON INDUSTRY LICENSIMG BOARD R 4er 489 F& 8 MADRUG' A Y08VANY F A-1 PROPERTYSEIRVICES GROUP INC e4l SW89TH AVENUE MIAMI FL 33144 OWED; 091141201,8 DISPLAY AS REQUIRED BY I AW -q'Frj m i inner uffl.0117111 Page 324 of 716 MADRUGA, Y08VANY F A-1 MECHANICAL SERVICES, INC 841 SW 59TH AVENUE MIAMI FL 33144 Congrapt ulaoienal Afth thiflirenseyou m9come as of ift maiti one mifflan FlOVIVIOnS licensed by the Dqpffrtmant&, Bixmankmqand Pro ffisslann'l Rqaujatjan, Our prDfausIonals sndbum'fremsea range 110m arclel* acts t 6 yacht brakera, frowrs to barbaque restaurants, and tfiey keep Fjayjida's ftairlomy string.. Every day we viork to lmprovaw*,iq iNs we dabumnn order foaerveyoubeftn onto vr,,ynoridtIkons s,.ito,,rn, Th WP you cam find more Ira offniffian abodt our diftionsand the regales mat 1ci YOU.Subscribe todepartmant newsisuors and learn rnaraaboLft. the 09pgf,ornfqnr,a initshero s, Our missiormat ithe Peaaltmerat Is- License Eli dlerifly,Reglutmte Fair!Y- M cmatenly stAve'to segue fou bqjjw,6* #1rAt yo'ucan serveyour cap stamf_4S, Th, ank you lbrdalriig butIT;996 jrfiF-ijod dg, 'and congratulafione on your mv RICK r, GOVERNOR 87ATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CMC1260477 ISSUED. 09/13/2016 CERTIFIED MECHANICAL CONTRACTOR MADRUGA, YOSVANY F A -i MECHANICAL' Is INC fS CERTWIEO urider the provWgijr Of Ch0 FS. DETACH HERE KEN LAWSON, SECRETARY STATIE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESWONAL REGULATION CONSTRUCTION fNDUSTRY LiCENSING BOARD Named below IS CER-T1-F'1,E'-D'-'— Under the paiss, of ChoTter 489 FS, Expiration date. AU( j 8 MADRUGA, Y0,9VANY F A-1 MECHANICAL SERVICES, INC 841 SW 68TH AVENUE MIAMI FL 33144 18'suLm: DEV I-3/2016 nismAY AR F-CF01 1ARRIn AY I AW AlMnAl I 1f;nav4nrm4A'Page 325 of 716 ,890 RV 64th Pokm FL 33244 O� 471-7,153 ExI 303 R 105,1 3702 Kulm2njjejIdes � r 'U Prof6� ". 9r , .. s. Certified mostcw Roof4 ; ry" rrrp ei'$150 Milli e „' _ R. 'O EDW iu.r ,;,4 I` Bg,c,hclm c*n8jjjI cdon SO enJa lj'i of Ficn,ldn", State of South Carolins Gmeral Cnnhu4cr State of N.mIh Caollne Gencral Convular Qualfflar emwieted over $100 Million nr-addan cor l ct Page 326 of 71 .e I f ,ar�r 'r 4 uIP�A ,..F nr r.{._., E'� .. ,. ....� � ..�4,,.-1 '.• .� rdF� wm.,. �,l ..,e_ .,.«....�... .R Page 326 of 71 NON COLLUSION AFFIOAVIT OF PRIME BIDDER State of Florida Coi,jnt a°F Mia d oe that Heb is President being first duly sworn, deposes and says of Al Property Services ... (Title) ( as of Corporation or Pira) the bidder that has submitted the attach bid: Boynton Beach Pistol Range 058-211 0-16jma ) The price or prices quoted in the attached bid are fair and proper are not cte ars collusion, conspiracy, i a. oe or unlawfulagreement o the p f the l r or a of l� agents, rapraaota'lea9 owners, employees, or partly in lteraa , uing afata P Subscribedand swore to before me This 28 dayof September 201 My commission #axplres ;-4, ., „ ......... PACKAGETHIS PAGE TO BE SUBMITFED ALONG WITH BID FOR TO BECONSIDERED COME AND ACCEPTARLE ». - 16"WES AA EXANOIA DU SAIMY NOTARY PU9L'C.,9T/V,Z OF F1 0410A � MV1, a1 Fr, g My COMM Page 328 of 716 STATE OF FLORIDA COUNTY OF PALM EACH ANTI -KICKBACK AFFIDAVIT In 1� the undersigned hereby duly sworn, depose and say that no portion of the sum Paid to any employees of the City of Boynton each as a commission,k' kbac directly or indirectly by me or any member of my firm or by an Officer of thxrpo M3 Sworn and subsori bed before me this — 28 day of September 20 16 J4 r P LJ of F1 at 'arge L 'Ibfflhf% VANESSAALEVANOrOtOUBARM" x NOTARY PUBLIC -STATE OF FLORMA COMMFF Of",70V k4Y COMYL EXPIRIES 02-103-2020 .1OFFF10AL N0Tj,1%R,,y, SEALK STAMP SIGNA Printed information: Al Property Services Group NAME Al Property services Group COM!"x AkNY THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR GET BE CONSIDERED COMPLErE AND ACCEPTABLE AKA ,- I Page 329 of 716 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a Part of our files for future use and information. Please fill out and IndIcate In the appropriate spa ceq provUed ljvlel ch category best escribes your company, Return tHs form with your bifid proposal sheet making it an official part of your bid response. Is your company a Minorfty Owned Business 9 xxx ......... ......... ....... ....... If Yes, Please indicate by an 'X'in the appropriate box: AMERICAN INDIAN OTHERMiami Dade SBE NOT APPLICABLE (SpeOf"y!) THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE MOB -1 Page 330 of 716 1 Page 331 of 716 Make a good faith effort to continue to maintain implementation of this section, the f f , the f. THIS PAGE TO BE SUBM17TED ALONG WITHBID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE DFW-1 workplace through finn Complies Page 332 of 716 SAFETY PROGRAM COMPLIMCE Safety is a high prJority in the conducting of business in the City of Boynton Beach. Prefere ca hall be given tractors with an established safety program following , . a g guVdefl e , and documented results establishing a safe working environment. ernt. 1® Bidder shalt/ provide a copy of the SafstY Pro an to be in effect for the duration of the Contract (attach to the back of this form), . The City reserves the light to conduct pedodlic safety inspections of the contractor, subcontractor, employees, agents, etc„ throughout the duration of the Contract. 3. The City ireser ea the right to terminate the Contract where It is determined that the contractor or subcontractor is !in non-compliance of thG safety to s% regulations or requirements established by , ,.H. . or the State„ authorizedAs the person to sign the statement, i the above requirements. that th19fflrm compilesfully with THIS PAGE TO BE SUBMITTEDL ISAL FOR BID PACKAGE TO BE CONSIDEREDCCS SPC -1 Page 333 of 716 r P � E',,,�� , q4� , y j$y Y :n a Property � tie roup Inc. Page 334 of 71 'Table of Contents TertlPerature & Fire Emergency..... ......... ...... r-amtpe I cardous Chemicals/ Sgety Meetings., ...... ............. ...... ...Page 2 Safes Disciplinary Policy/protective Equipment-, ....... Saf! or Practice/ Fall Protection/Ladder Safety ............. ... ... 4- . �T ge , 5 Motorized ve'hides & Equipment ....... if-�,,,3ge 6 Guideline Check115L., ... .. ...... 'Page- 7-8 Job Safely Ana�ysls ........ i g e, 9 10 Fall FITitection or Ian.....,.....0 COri party Pblic�/ ...... A-1 Property Services Group Inc P.0 Box 667687 Miami, F1 33166 Phone N: (3Wr)471-7353 Fax #: (305)471-3702 Jlgibnr xg(wp "IP ' Q. M1nPaLbagrtr -WW&kLPjE&-ViQM,RU "" Page 335 of 71 h 9 Page 336 of 716 0 g xv CD M s 40 aX444 "W 0 M, , is n CL CD 0 A. 4 ` +'Sui 44 M is Yt 4 kf, i 11+ e n�C i, a=te 1 FP Q '^ CD 0ra CL 9 & �r aec CO 4 y G. •c w to = gt °�' `*w•�•W "b's %'ZY _amu $� •Z7eta 0 Cl CP w OL 00} o EF p5 M yi MCiD L^ co %ms a� :�4f 4 4 (gy tee' 44 ',. 'aW"r a'Ar OD my .".� N y 5CL OL n Oqty 4 n n % 01w CAL a FM�M (D �g-� ppUU�xx� �pgAd 1 mm. � h 9 Page 336 of 716 Halloom gnu= to your �116�/JMA for I THE PISTOL RANGE because of the . geared toward brand or manufacturer only to the Invitation or an equivalent not permit us to perform IF YOU ARE NOT SUS RTI A BID# PLEASE COMPL FORM AND RETURN TO PROCUREMENT SERVICES NS -1 Page 337 of 716 t REPLACEMENT OF THE ROOF AND HVAC BID No. 058-211 '-16/JMA The Contractor is aware that the (Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance al this contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subczntraclors, 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 requestedmay e deemed by the municipality to be a material breach of this contract justifying its termination, Al Properfy Service# Group Title, PresIdent Date- 9/28/2016 THIS PAGE TO BE SUBM17TED ALONG1 IIN OROER FOR E TO BE CONSIDERED COMPLETEACCEPTABLE [- Page 338 of 716 Page 339 of 716 10.A. CITY MANAGER'S REPORT 11/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 REQUESTED ACTION BY COMMISSION: Authorize increasing the annual expenditure for the "Re -Bid for Pre -Chlorinated Pipe Bursting of Potable Water Mains", Bid No. 036-2821-16/TP, for a two (2) year period from an annual amount of $400,000. to $1,000,000. This is purchased on an "As Needed Basis". EXPLANATION OF REQUEST: BID TERM: MAY 17, 2016 to MAY 16, 2018 On May 17, 2016, City Commission awarded the "Re -Bid for Pre -Chlorinated Pipe Bursting of Potable Water Mains", Bid No. 036-2821-16/TP for a two year period to Murphy Pipeline Contractors as the Primary Vendor, and Killebrew, Inc. as the Secondary Vendor. At that time, the anticipated annual expenditure was $400,000. The City has identified additional water main piping that will require replacement that was not included in the original estimate. The additional requested funds have been included in our approved 2016-17 Capital Improvement Plan The Scope of Work outlined in the request for Bid includes (but not limited to) the following ■ Task 1 — Pipe Bursting at various locations ■ Task 2 — Connection to existing water service pipe ■ Task 3 — Maintenance of Traffic ■ Task 4 — Site and Pavement Restoration The selected Contractors will furnish all labor, materials, equipment, incidentals and appurtenances to complete the "As Needed" Work as outlined in their line item pricing submitted with the bid package. Since the award of this bid in May 2016 it has become apparent that staff's original annual estimate of $400,000 needs to be increased. After reviewing projects in the Utilities Capital Improvement plan for the next couple of years, staff is requesting that the Commission approve the estimated annual expenditure of $1,000,000. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The additional funding will allow the Utilities Department to complete the newly identified areas that require the pre -chlorinated pipe bursting. Purchase orders would be issued based on the awarded unit costs provided by the qualified contractors to perform potable pipeline replacement. Water main replacement will provide increased capacity and reliability for the distribution of potable water as well as fire flow water to areas with increasing demands. FISCAL IMPACT. Budgeted Funds for this repair service will be available from the Utilities account number 403-5000-53-65-02 ALTERNATIVES: Page 340 of 716 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type D Attachment D Attachment D Attachment REVIEWERS: Department Utilities Utilities Finance Legal City Manager Description Agenda item 5-17-16 Pre Chlorinated Pipe Proposal Area Map Reviewer Action Date Groff, Colin Approved 10/26/2016 - 2:47 PPA Groff, Colin Approved 10/26/2016 - 2:47 PPA Howard, Tim Approved 10/26/2016 - 3:33 PPA Swanson, Lynn Approved 10/27/2016 - 10:20 AKA LaVerriere, Lori Approved 10/27/2016 - 1:59 PPA Page 341 of 716 7.A. BIDS AND PURCHASES OVER $100,000 5/17/2016 11DCITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/17/2016 REQUESTED ACTION BY COMMISSION: Award the "Re -Bid for Pre -Chlorinated Pipe Bursting of Potable Water Mains", Bid No. 036-2821-16/TP, for a two (2) year period to Murphy Pipeline Contractors, of Jacksonville, FL as the Primary Vendor and Killebrew, Inc., of Lakeland, FL as the Secondary Vendor. This bid will be utilized on an "AS NEEDED" Basis with an estimated annual expenditure of $400,000. EXPLANATION OF REQUEST: BID TERM: MAY 17, 2016 to MAY 16, 2018 On April 20, 2016, Procurement Services opened two bids in response to the advertised Re -Bid No. 036-2821- 16/TP. Contractors were instructed to submit line item pricing to perform pre -chlorinated pipe bursting of potable water mains (PCPB) on an "As Needed" Basis. Pipe Bursting is a trenchless method of replacing outdated or inadequate buried water main pipes. The new pre -chlorinated pipe is equipped with a bursting head and is pulled through the old pipe. The Scope of Work outlined in the request for Bid includes (but not limited to) the following: ■ Task 1 — Pipe Bursting at various locations ■ Task 2 — Connection to existing water service pipe ■ Task 3 — Maintenance of Traffic ■ Task 4 — Site and Pavement Restoration The selected Contractors will furnish all labor, materials, equipment, incidentals and appurtenances to complete the "As Needed" Work as outlined in their line item pricing submitted with the bid package. Both Murphy Pipeline Contractors, and Killebrew, Inc., were evaluated and determined qualified based on their written submissions. The three scenarios presented in the bid package are Utilities projects that have been placed on hold until bid award. With City Commission approval, Utilities Staff will negotiate purchase orders for the scope of work as presented in Scenario no. 1, no. 2, and no. 3. After the initial two year bid term, bid documents allow for three additional one-year renewals with the same terms, conditions and pricing; subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This bid award would allow City staff to issue purchase orders based on the unit costs provided by the qualified contractors to perform potable pipeline replacement. Water main replacement will provide increased capacity and reliability for the distribution of potable water as well as fire flow water to areas with increasing demands. FISCAL IMPACT: Budgeted Funds for this repair service will be available from the Utilities account number 401-2810-536-46-47. Page 268 of 486 ALTERNATIVES: Not approve the recommended contractors as provided and request that a new bid for Pre -Chlorinated Pipe Bursting of Potable Water Mains be issued. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Tab Sheets D Bid D Bid REVIEWERS: Department Finance Finance Finance Legal City Manager Description Bid Tabulation Sheets Proposal - Murphy Pipeline Proposal - Killebrew Reviewer Action Date Alibrandi, Julie Approved 5/10/2016 - 3:21 PM Alibrandi, Julie Approved 5/10/2016 - 3:26 PM Howard, Tim Approved 5/10/2016 - 3:37 PM Swanson, Lynn Approved 5/11/2016 - 2:14 PM LaVerriere, Lori Approved 5/12/2016 - 0:40 AM Page 269 of 486 LU 0 - LU w H Q Z R 0 U LU a O LL m LU w V) Z Q LU H Q W J Q O 0 - LL LL O Z H m W Q C� Z Z W 0- cl Fn W C� Z Z W 0- cl Fn co O C) I- N N 00 N O O Z m N N U) (0 H U) m N Q Fh 0 m W Page 344 of 716 E cn m L a O z a1 E Cl) O U Q rnO O L % S O O O 1i (n (n U)rn O (n (n (n (n (n (n (n (n (n s W W W N Z W W W W W W W W W 00 00 0 -0 00= C) c0 M N O O J V E�1 It 00 fA fA C Of L T V 0 '> Q a d m c L LU N N L O E CL C) w 0 rn 0 Cl) 00 > CD O O O O 1i E c (n (n (n O O N O (n (n (n (n (n (n (n (n (n O (j W W W rn ap Z W W W W W W W W W N ~ _ I- Ln O N C') a E cf? cf? ) cu U a0 - Y C � W �1 V a O N C N C m Y O m w Y 3 a 0 W U Q � Y w O z O w W � Q � LLJ U) z O J Q w g CO�` Z C� HLU 0 W Q O U o o M J m U LL m Q O O CO L 0 O H L L H O J Z O 0tC14 CO LLj z Y Q O U) 0 H H W Lu J 2 0 0 0 Q Q Q ¢ O Q ILLI (n LL LL U " Op clc z M LL 0- Z Z Z H H W c T W LU Lu W U U U U W W C) �_ ' p ((CO cl p LU cl 0 M Q) Z O Fn m U) � U) U) U) U U Q o0 0 U D IQ m I oo S j U co O C) I- N N 00 N O O Z m N N U) (0 H U) m N Q Fh 0 m W Page 344 of 716 LU 0 - LU LU Z R 0 U W a O LL 0 m W w U) CZ G LU W J m a LL O Z H m LU Q C� Z_ Z W 0- 0 cl 00 LU C� Z_ Z W 0- 0 cl 00 a E cn m L 0 O z Cl) rn O di a) L` M � U Q U x O LL O Z LU Z U W >- W >- W >- W >- W >- � O W W W LLQ W O a N 00 N Q C) m c0 co H O J C Of L Q T z Q 2 o0 ¢ 0 > c .. ~ L Ll N C N Y O 0 =1Q U 0 0 L O CL C) O Q _0 v U) � N CP0 N J CD 00 a) o r LL � co > �' Q J �'> � LL U C x E U) U) U) U) O z Z m U) U) U LCL U) o W W W W W co O Od Z (n c0 W W W N ~ >- >- >- >-U Q a) m c C) Y >- >- >- H I- coo CJ H C = _0 (D co J Com") _ J <"� o E � m v co = O Z N J N N i Ch U=co Q Z LL LO c .00 � �n U) S a- x -t 00 0 a) x c W O=0 o O ~ E m a (0 c LO Ln 00 m U N Q) O Y d 3 d C) O CO co C+�') C+�') Z� °� Q_0 L W J Q D _ Q� 0 W m O z LU LU LU gw m U O LL O o Q Qw ~ ~ LL J m a_ Q > LL 2 0 Z w z LL DU U 2 Z LU2 Q Q Q Q WO Q Z O Uw z LL LL �Z O UW C� X w 0 U) 0 O z 0 D Q U U)Y m Q U)H w Q U)-1 W cn Q U Q U)U) —i U) H J U = Z U) U) W (n (n Z O O Y U Q W O W U m 0 W W W zZ W LULL LL Z Z � Y Z Z 2 Z H Q Z (n 2 U) Cn Cn 2 w0 z Q O U Q Q U > > O > z Q U m m Q m m U N 00 O r NLUD 00 N N CD Cl) C) O Z m a� a� U) coH C L 7 m a) Q D m LU Page 345 of 716 LU 0 - LU w Q z O J U L1J 0- w w O LL 0 m W w U) Z Q LU Q LU J m Q H O 0 - LL LL O Z H m W Q 0 c� z z LU 0- 0 O 0 00 W c� z Z w 0- 0 O 0 00 H N 00 N co 0 0 z 0 m w n QO 00 0 N I- N 00N N Cfl Cl) O 0 z m (V a� a� C L 7 m CV it 0 m W Page 346 of 716 E cncn m L a O z Cl) rn M U Q C M � U K N O U. 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R16-145 - Approve and ratify the reopened and amended Articles: Wages, Insurance, and Pension of the Collective Bargaining Agreement between SEIU Florida Public Services Union, CTW, CLC - Blue Collar Unit and the City and authorizing the City Manager to sign the Addendum to the Collective Bargaining Agreement. PROPOSED RESOLUTION NO. R16-146 - Approve and ratify the reopened and amended Articles: Wages, Insurance, and Pension of the Collective Bargaining Agreement between SEIU Florida Public Services Union, CTW, CLC - White Collar Unit and the City and authorizing the City Manager to sign the Addendum to the Collective Bargaining Agreement. EXPLANATION OF REQUEST: The SEIU Collective Bargaining Agreement ending September 30, 2017 had provisions for reopening the Wages, Insurance, and Pension Articles. Bargaining for these reopened Articles began on May 6, 2016. A final bargaining session was held on September 29, 2016, wherein the City and Union came to a tentative agreement of the following: Wages: A 2.5% across the board increase effective October 1, 2016. Insurance: The City will contribute an annualized total of up to $750.00 into the employees' health savings accounts the first full pay period check date following ratification by the Union. Employees will be able to convert up to $1,000 worth of sick and/or vacation time to contribute to their health savings accounts. Pension: Status quo On October 26, 2016, both the SEIU Blue and White Collar Units ratified the reopened Articles of the Collective Bargaining Agreements. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Having agreements in place provides bargaining unit employees and management with guidance on the current terms and conditions of employment in effect. FISCAL IMPACT. Budgeted The General Fund impact of the wages is $108,902 (all funds is $256,500) and the General Fund impact of the City H.S.A. contributions is $75,750 (all funds is $176,250). ALTERNATIVES: 1. Do not approve and ratify the agreements, which will result in returning to the bargaining table for continued negotiations. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 352 of 716 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Addendum D Addendum D Addendum D Other REVIEWERS: Department Human Resources Legal Finance City Manager Description Resolution approving and ratifying the Addendum to the Blue Collar Collective Bargainign Agreement Resolution approving and ratifying the Addendum to the White Collar Collective Bargaining Agreement Addendum to SEI U CBA for Blue Collar Union Addendum to SEI U CBA for White Collar Union Tentative Agreement of Reopened Articles SElU Notice of Ratification Reviewer Action Date Oldbury, Julie Approved 10/21/2016 - 1:49 PPA Swanson, Lynn Approved 10/27/2016 - 4:08 PPA Howard, Tim Approved 10/27/2016 - 4:07 PPA LaVerriere, Lori Approved 10/28/2016 - 11:35 AM Page 353 of 716 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 RESOLUTION R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING AN ADDENDUM TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE SEIU FLORIDA PUBLIC SERVICES UNION, CTW, CLC — BLUE COLLAR BARGAINING UNIT FOR THE PERIOD OF OCTOBER 1, 2014 THROUGH SEPTEMBER 30, 2017; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO SIGN THE ADDENDUM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the terms of the Articles regarding Group Insurance, Pension and Wages articles were subject to reopened negotiations between the City and the SEW Blue Collar of the Collective Bargaining Agreement which expires September 30, 2017; and WHEREAS, the Parties negotiated the terms and on October 26, 2016, the SEIU Blue Collar unit ratified the Addendum to the Agreement; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the residents and citizens of the City to ratify and execute the Addendum to the Collective Bargaining Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby ratify the Addendum to the Collective Bargaining Agreement between the City of Boynton Beach and the SEIU Florida Public Services Union, CTW, CLC — Blue Collar Bargaining Unit for the period of October 1, 2014 through September 30, 2017, and authorizes the City Manager and City Clerk to sign the Addendum to the Agreement, a -1- Page 354 of 716 32 copy of which is attached hereto as Exhibit "A". 33 Section 3. This Resolution will become effective immediately upon passage. 34 35 PASSED AND ADOPTED this day of , 2016. 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 ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello -2- VOTE YES NO Page 355 of 716 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 RESOLUTION R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING AN ADDENDUM TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE SEIU FLORIDA PUBLIC SERVICES UNION, CTW, CLC — WHITE COLLAR BARGAINING UNIT FOR THE PERIOD OF OCTOBER 1, 2014 THROUGH SEPTEMBER 30, 2017; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO SIGN THE ADDENDUM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the terms of the Articles regarding Group Insurance, Pension and Wages articles were subject to reopened negotiations between the City and the SEW White Collar of the Collective Bargaining Agreement which expires September 30, 2017; and WHEREAS, the Parties negotiated the terms and on October 26, 2016, the SEIU White Collar unit ratified the Addendum to the Agreement; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the residents and citizens of the City to ratify and execute the Addendum to the Collective Bargaining Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby ratify the Addendum to the Collective Bargaining Agreement between the City of Boynton Beach and the SEW Florida Public Services Union, CTW, CLC — White Collar Bargaining Unit for the period of October 1, 2014 through September 30, 2017, and -1- Page 356 of 716 32 authorizes the City Manager and City Clerk to sign the Addendum to the Agreement, a 33 copy of which is attached hereto as Exhibit "A". 34 Section 3. This Resolution will become effective immediately upon passage. 35 36 PASSED AND ADOPTED this day of , 2016. 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 ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello -2- VOTE YES NO Page 357 of 716 ADDENDUM This Addendum is entered into between the CITY OF BOYNTOPN BEACH, a Florida municipal corporation, whose address is 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435, (the CITY") and the SEW FLORIDA PUBLIC SERVICES UNION, CTW, CLC - Blue Collar (the "UNION") for the purposes of amending an existing Collective Bargaining Agreement between the CITY and UNION. WHEREAS, the CITY and the UNION are parties to a Collective Bargaining Agreement (the "CBA"), which expires September 30, 2017; and WHEREAS, the CITY and the UNION have negotiated revisions to three articles of the CBA as hereinafter set forth. NOW, THEREFORE, the Parties agree the Collective Bargaining Agreement shall be amended as follows: ARTICLE 18 fAmended following reo a er 18.0 WAGES 18.1 Year One (October 1, 2014 - September 30, 2015): Bargaining Unit members will receive a two percent (2%) increase to their hourly base rate effective October 1, 2014. 18.2 Year Two (October 1, 2015 - September 30, 2016): Bargaining Unit members will receive a three percent (3%) increase to their hourly base rate effective the first full pay check following ratification. Members who are at the maximum of the pay range will receive a lump sum in lieu of an increase to their base rate. provided ratification by the Union occurs on or before October oon or after November. be effective the first full pay period followinja ratification bv the Union and Citv Commission. Memberswho are at the maximum of the pay range will receive a payment in lieu of an increase to their base rate. Page 358 of 716 ARTICLE 41 (Amended following reopener) 41.0 INSURANCE 41.1 Medical, Vision and Dental Insurance Effective October 1, 2015, the sole medical benefit plan available to employees will be a High Deductible Health Plan (HDHP). The City shall pay the total HDHP medical, vision and dental insurance premiums for all bargaining unit members while employed by the City. The members will pay the full cost of HDHP medical, vision, and dental insurance for their dependents. 41.1.1 Year One: (October 1, 2014 through September 30, 2015) The City shall pay the total medical insurance, dental insurance, and vision care premiums for all regular employees. The employees will pay the full cost of medical insurance, dental insurance, and vision care premiums for their dependents. 41.1.2 Year Two: (October 1, 2015 through September 30, 2016) 1. The premium cost for "employee only" HDHP medical insurance shall be paid by the City. Employees are responsible for paying any premiums associated with covering dependents. 2. Once an employee establishes his/her Health Savings Account (HSA), which can be done through Open Enrollment, the City will contribute an annualized total of $1250.00 into an employee's HSA on the first full pay period check date following ratification by the Union. a. In order to be eligible for HSA deposit above, employee must be employed on check date in Section 2 above. 3. The City will provide opportunities to convert an annualized total value of up to seven hundred fifty dollars ($750.00) after pension deduction of any combination of sick and vacation time at the 100% conversion rate to help fund their HSA. This conversion can be done during the following times: a. December 15, 2015 - January 15, 2016 (any amount up to an annualized total of $750.00) b. April 1, 2016 - April 30, 2016 (any amount up to an annualized total of $750.00) c. August 1, 2016 - August 31, 2016 (any amount up to an annualized total of $750.00) Page 359 of 716 d. For purposes of this Article, "annualized" means plan year October 1, 2015 through September 30, 2016. 4. New Hires, hired on or after October 1, 2015, will accrue one hundred dollars ($100.00) per month for the City to deposit into their HSA through September 2016, while employed. The initial deposit will be made the first check of the month in which the member becomes eligible for benefits. 41.1.3 Year Three: (October 1, 2016 through September 30, 2017) 1. The premium cost for "employee only" HDHP medical insurance shall be paid by the City. Employees are responsible for paying any premiums associated with covering dependents. 2. Once an employee establishes his/her Health Savings Account (HSA), which can be done through Open Enrollment, The City will contribute an annualized total of $4r�LF-750.00 into an employee's HSA on the first full pay period check date following ratification by the Union. a. In order to be eligible for HSA deposit above, an employee must be actively employed on 1 .- -it-+ " 43++k t e first of the month in which the contract is ratified. 3. The City will provide opportunities to convert an annualized total value of up to I one thousand dollars ($47-4,91000.00) after pension deduction, of any combination of sick and vacation time at the 100% conversion rate to help fund their HSA. This conversion can be done during the following times: a. December cto er 15, -2 -WI -5-2016 - i-ar- Nove er 15, 2016 (any amount up to an annualized total of $7-4W1000.00) b. April 1, 24= 6-2017 - April 30, �d 2017 (any amount up to an annualized total of $_. � . 1000.00) c. August 1, 2416-2017 2017 - August 31, -2-W14-4-2017 (any amount up to an annualized total of $-74,91000.00) d. For purposes of this Article, "annualized" means plan year October 1, 24444-2016 through September 30, -�10-1k2017. 4. New Hires, hired on or after October 18, 21,94-42016, will accrue sixty-two dollars and fifty cents ($62.50) per month for the City to deposit into their HSA through September 241* -'2017, while employed. The initial deposit will be made the first check of the month in which the member becomes eligible for benefits. Page 360 of 716 ARTICLE 46 fAmended following reo a er 46.0 PENSION 46.1 Employees will continue to participate in the employee's pension plan of the City of Boynton Beach Ordinance No. 88-43, as amended. A copy of the plan's annual actuarial valuation report will be provided to the Union, in its entirety, upon request from the Union. 46.2 The City and the Union agree to conform the pension plan to state requirements as pertaining to municipal pension programs. 46.3 Year Two (October 1, 2015 - September 30,2016): Status Quo. Year Three (October 1, 2016 -September 30, 2017): re tc - tic ei:a_4L__ e :StatsQuo. THE CITY OF BOYNTON BEACH SEW FLORIDA PUBLIC SERVICES UNION CTW, CLC - BLUE COLLAR UNIT Lori LaVerriere, City Manager Date ATTEST: Judith A. Pyle, CMC, City Clerk APPROVED AS TO LEGAL FORM: James A. Cherof, City Attorney Ratified by City Commission on: Ratified by Bargaining Unit on:_ Union President Date Page 361 of 716 ADDENDUM This Addendum is entered into between the CITY OF BOYNTOPN BEACH, a Florida municipal corporation, whose address is 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435, (the CITY") and the SEW FLORIDA PUBLIC SERVICES UNION, CTW, CLC - White Collar (the "UNION") for the purposes of amending an existing Collective Bargaining Agreement between the CITY and UNION. WHEREAS, the CITY and the UNION are parties to a Collective Bargaining Agreement (the "CBA"), which expires September 30, 2017; and WHEREAS, the CITY and the UNION have negotiated revisions to three articles of the CBA as hereinafter set forth. NOW, THEREFORE, the Parties agree the Collective Bargaining Agreement shall be amended as follows: ARTICLE 16 fAmended following reo a er 16.0 WAGES 16.1 Year One (October 1, 2014 - September 30, 2015): Bargaining Unit members will receive a two percent (2%) increase to their hourly base rate effective October 1, 2014. 16.2 Year Two (October 1, 2015 - September 30, 2016): Bargaining Unit members will receive a three percent (3%) increase to their hourly base rate effective the first full pay check following ratification. Members who are at the maximum of the pay range will receive a lump sum in lieu of an increase to their base rate. providedMan #1 1 0 ratification by the Union occurs on or before October oon or after November. be effective the first full pay period followinja ratification bv the Union and Citv Commission. Memberswho are at the maximum of the pay range will receive a payment in lieu of an increase to their base rate. Page 362 of 716 ARTICLE 37 (Amended following reopener) 37.0 INSURANCE 37.1 Medical, Vision and Dental Insurance Effective October 1, 2015, the sole medical benefit plan available to employees will be a High Deductible Health Plan (HDHP). The City shall pay the total HDHP medical, vision and dental insurance premiums for all bargaining unit members while employed by the City. The members will pay the full cost of HDHP medical, vision, and dental insurance for their dependents. 37.1.1 Year One: (October 1, 2014 through September 30, 2015) The City shall pay the total medical insurance, dental insurance, and vision care premiums for all regular employees. The employees will pay the full cost of medical insurance, dental insurance, and vision care premiums for their dependents. 37.1.2 Year Two: (October 1, 2015 through September 30, 2016) 1. The premium cost for "employee only" HDHP medical insurance shall be paid by the City. Employees are responsible for paying any premiums associated with covering dependents. 2. Once an employee establishes his/her Health Savings Account (HSA), which can be done through Open Enrollment, the City will contribute an annualized total of $1250.00 into an employee's HSA on the first full pay period check date following ratification by the Union. a. In order to be eligible for HSA deposit above, employee must be employed on check date in Section 2 above. 3. The City will provide opportunities to convert an annualized total value of up to seven hundred fifty dollars ($750.00) after pension deduction of any combination of sick and vacation time at the 100% conversion rate to help fund their HSA. This conversion can be done during the following times: a. December 15, 2015 - January 15, 2016 (any amount up to an annualized total of $750.00) b. April 1, 2016 - April 30, 2016 (any amount up to an annualized total of $750.00) c. August 1, 2016 - August 31, 2016 (any amount up to an annualized total of $750.00) Page 363 of 716 d. For purposes of this Article, "annualized" means plan year October 1, 2015 through September 30, 2016. 4. New Hires, hired on or after October 1, 2015, will accrue one hundred dollars ($100.00) per month for the City to deposit into their HSA through September 2016, while employed. The initial deposit will be made the first check of the month in which the member becomes eligible for benefits. 37.1.3 Year Three: (October 1, 2016 through September 30, 2017) 1. The premium cost for "employee only" HDHP medical insurance shall be paid by the City. Employees are responsible for paying any premiums associated with covering dependents. 2. Once an employee establishes his/her Health Savings Account (HSA), which can be done through Open Enrollment, The City will contribute an annualized total of $4r�LF-750.00 into an employee's HSA on the first full pay period check date following ratification by the Union. a. In order to be eligible for HSA deposit above, an employee must be actively employed on 1 .- -it-+ " 43++k t e first of the month in which the contract is ratified. 3. The City will provide opportunities to convert an annualized total value of up to I one thousand dollars ($47-4,91000.00) after pension deduction, of any combination of sick and vacation time at the 100% conversion rate to help fund their HSA. This conversion can be done during the following times: a. December cto er 15, -2 -WI -5-2016 - i-ar- Nove er 15, 2016 (any amount up to an annualized total of $7-4W1000.00) b. April 1, 24= 6-2017 - April 30, �d 2017 (any amount up to an annualized total of $_. � . 1000.00) c. August 1, 2416-2017 2017 - August 31, -2-W14-4-2017 (any amount up to an annualized total of $-74,91000.00) d. For purposes of this Article, "annualized" means plan year October 1, 24444-2016 through September 30, -�10-1k2017. 4. New Hires, hired on or after October 18, 21,94-42016, will accrue sixty-two dollars and fifty cents ($62.50) per month for the City to deposit into their HSA through September 241* -'2017, while employed. The initial deposit will be made the first check of the month in which the member becomes eligible for benefits. Page 364 of 716 ARTICLE 42 fAmended following reo a er 42.0 PENSION 42.1 Employees will continue to participate in the employee's pension plan of the City of Boynton Beach Ordinance No. 88-43, as amended. A copy of the plan's annual actuarial valuation report will be provided to the Union, in its entirety, upon request from the Union. 42.2 The City and the Union agree to conform the pension plan to state requirements as pertaining to municipal pension programs. 42.3 Year Two (October 1, 2015 - September 30,2016): Status Quo. Year Three (October 1, 2016 -September 30, 2017): re tc - tic ei:a_4L__ e :StatsQuo. THE CITY OF BOYNTON BEACH SEW FLORIDA PUBLIC SERVICES UNION CTW, CLC - WHITE COLLAR UNIT Lori LaVerriere, City Manager Date ATTEST: Judith A. Pyle, CMC, City Clerk APPROVED AS TO LEGAL FORM: James A. Cherof, City Attorney Ratified by City Commission on: Ratified by Bargaining Unit on:_ Union President Date Page 365 of 716 EN� I 'i I WN tw4jld CAJO me I tog Kw. NNE Ken 101 no 51111 ir,03711wye vat ivrJ-114no MMWWIK� 18.2 Year Two (October 1, 2015 - September 30, 2016): Bargaining Unit members will receive a three percent (3%) increase to their hourly base rate effective the first fall pay check following ratification. Members who are at the maximum of the pay range will receive a lump sum in lieu of an increase to their base rate. 18.3 Year Three (October 1, 2016 - September 30, 2017): t ' 14 Iinin _g L �ftj ' f " yneinbei�s '- W ' I ' ' I eive a two and-a-WiJ14 increasetotheh-hour base ....... .. . . ... . ......... ly ----------- I ................... droactAve to Qctiober'l_.201.6, . . . ............ ............................ ............... --- Union OCCUT'S Oil or, before October 31-.2016, If ratification ..... . ......................... 11— .. . ............................... ............................... . .............. .............................. I ...... . .............. L.jLcurs on or after November I ase will be effective, the fli'st fUll ............................... ..................... . .............. . . .................... ........ ................................. 201.6 this incre; eriod 11) 1➢owh g fi a ioi I . ............................ -ti-ti c, t i Oy I I . Jon and......0T Mewribers who are at the ................ �y Commission. inaximurr� of the_ will receive a . . . .. .. .. .. .. .. .. ..... ..... .... .................................................. - .. . ........ ............................. . iri lieu of a i irict ase tio their ................. ................................. ................................ IrV'mt. Page 366 of 716 ARTICLE 41 (Amended following reopener) Effective October 1, 2015, the sole medical benefit plan available to employees be a High Deductible Health Plan (HDHP). The City shall pay the total HD medical, vision and dental insurance premiums for all bargaining unit memble while employed by the City. The members will pay the full cost of HDHP medic on, and dental insurance for their dependents. The City shall pay the total medical insurance, dental insurance, and on care premiums for all regular employees. The employees will pay the full cost of medical insurance, dental insurance, and vision mr=� M111111�1�1��i 11111 111�111 I 1. The premium cost for "employee only" HDHP medical insurance shall be paid by the City. Employees are responsible for paying any premiums associated with covering dependents. 2. Once an employee establishes his/her Health Savings Account (HSA), which can be done through Open Enrollment, the City will contribute an annualized total of $1250.00 into an employee's HSA on the first full pay period check date following ratification by the Union. a. In order to be eligible for HSA deposit above, employee must be employed on check date in Section 2 above. 3. The City will provide opportunities to convert an annualized total value of up to seven hundred fifty dollars ($7SO.00) after pension deduction of any combination of sick and vacation time at the 100% conversion rate to help fund their HSA. This conversion can be done during the following times: a. December 15, 2015 - January 15, 2016 (any amount up to an annualized total $750.00) @[ 1 I 9s ! 13 c. August 1, 2016 - August 31, 2016 (any amount up to an annualized total (M T -vcit—Y Page 367 of 716 ZRMRMMZr�# �• f d. For purposes of this Article, "annualized" means plan year October 1, 2015 through September 30, 2016. 4. New Hires, hired on or after October 1, 2015, will accrue one hundred dollars ($100.00) per month for the City to deposit into their HSA through September 2016, while employed. The initial deposit will be made the first check of the month in which the member becomes eligible for benefits. 41.1.3 Year Three: (October 1, 2016 through September 30, 2017) 0 The premium cost for "employee only" HDHP medical insurance shall be paid City. Employees are responsible for paying any premiums associated with coverin:y fependents. 2. City Will contribute an annualized total of '510.00 into an employee's HSA on �4hA,--the first full pay period check date following ratification by the Union. order to be eligible for HSA deposit above, an employee must be actmely employed the first of the t io th ill Which the contract ils ratified. 3. The City will provide opportunities to convert an annualized total value of up to fi! t,,,-,,eone tho Lisa r)d dollars($7"," i -100 0.00) after pension deduction, of any combination of sick and vacation time at the 100% conversion rate to help fund their HSA. This conversion can be done during the following times: v N ovember 15, 2016 (any amount ur, 6 a. October 15, 2' -J,-) -4--E--201 to an annualized total of , 7" 01000.00) b. April 2017 - April 30. [62,01.7 (any amount up to an annualized total . . .. . .. .... ... ................ of $ 5'4(,-), 10 0 0. 0 0) c. August 1, 214),'Qlo, 2017 =- August 31, 2i)"Ll- -2-0.17 (any amount up to an annualized total of $'175-01000.00) d. For purposes of this Article, "annualized" means plan year October 1, 0 - through September 30, 22('I- i6-,2017, 4. New Hires, hired on or after October 18 1-`201,6, will accruegsz�ixt -21,y�a dollars SE Blue Collar & White Collar 7/2 5116 TA- SEI TAVCity - Page 368 of 716 SE110 Blue Collar & White Collar jA SEIU T AR A. t y Page 369 of 716 MIMI 117771!1;� 111�;Iie I � I I � I! � I 171M I I I ARTICLE 46 46.1 Employees will continue to participate in the employee's pension plan of the City of Boynton Beach Ordinance No. 88-43, as amended. A copy of the plan's annual actuarial valuation report will be provided to the Union, in its entirety, upon request from the Uxio-tt. 46.2 The City and the Union agree to conform the pension plan to state requirements as pertaining to municipal pension programs. Year Three (October 1, 2016 -September 30, 2017): +",i } fi'-� s --1,;+2r,,,-, i� i,4a 1 1 1 s t€(r SEW Blue Collar & White Collar �T 4A -ZS E _IU Page 370 of 716 Oldbury, Julie From: Joseph Brenner <joseph.brenner@seiufpsu.org> Sent: Thursday, October 27, 2016 9:09 AM To: Oldbury, Julie; Eichorst, Rob; Simmons, Anthony Calvin; Cline, Kathy; craig watson; Kalem Mandi; Russell Eichorst; Don Roberts Subject: SEIU Vote Results 10.27.16 Julie, Good morning. Both contracts were ratified yesterday, the blue collar by a 36 Yes, to 1 No margin, with one disqualified ballot (both yes and no were checked off) and the white collar by a 16 Yes to 2 No margin. Thank you again for your hard work on this agreement and we look forward to working with you again on the full agreement next year. Please let me know if there's anything more you need. Best, Joey Brenner, Deputy Chief of Staff for Research, Information and Representation Services SEIU-Florida Public Services Union ios.brnr ips,orp 561-308-1919 Page 371 of 716 12. B. NEW BUSINESS 11/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-147 - Approve and ratify the Collective Bargaining Agreement between the Palm Beach County Police Benevolent Association Police Officers and Detectives and the City. PROPOSED RESOLUTION NO. R16-148 - Approve and ratify the Collective Bargaining Agreement between the Palm Beach County Police Benevolent Association Police Sergeants and the City. PROPOSED RESOLUTION NO. R16-149 - Approve and ratify the Collective Bargaining Agreement between the Palm Beach County Police Benevolent Association Police Lieutenants and the City. EXPLANATION OF REQUEST: The terms of the Collective Bargaining Agreements (CBAs) for Police Officers and Detectives, Police Sergeants, and Police Lieutenants units of the Palm Beach County Police Benevolent Association (PBA) expired on September 30, 2016. The City and the Unions began bargaining successor agreements in April 2016. Bargaining was completed in October 2016. All bargaining units ratified the successor agreements on October 26, 2016. The term of the successor collective bargaining agreements is October 1, 2016 through September 30, 2019. The major items addressed in the contracts were wages, group insurance, and pension. The Police Officers and Detectives and the Police Sergeants have a newly designed step pay plan. All units gave up all City contributions to health savings accounts in order to help fund the step plan. All units entered into a Mutual Consent Agreement regarding the use of Insurance Premium Tax Revenue (IPTR) for the 185 pension money. Additionally, all units agreed to extend the length of the pension vesting period for new hires to ten years. All units agreed to reopen the Pension Article during the third year of the contracts. As the final step in the collective bargaining process, staff is recommending that the Commission approve and ratify the successor agreements (attached) for implementation. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Having successor agreements in place provides bargaining unit employees and management with guidance on the current terms and conditions of employment in effect. FISCAL IMPACT. Budgeted The major monetary item (wages) results from the implementation of a step plan. The impact from wages to the next three fiscal years is as follows: FY 16/17 - $395,434.76 FY 17/18 - $459,147.17 FY 18/19 - $385,068.18 ALTERNATIVES: 1. Do not approve and ratify the agreements, which would result in maintaining the status quo for the contract Page 372 of 716 period ending September 30, 2016 and returning to the bargaining table for further negotiations of these contracts. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving and ratifying Officers and Detectives CBA 2016 - 19 D Resolution Resolution approving and ratifying Sergeants CBA 2016-19 D Resolution Resolution approving ratifying Lieutenants CBA 2016-19 D Agreement Collective Bargaining Agreement with PBA Officers and Detectives D Agreement Collective Bargaining Agreement with PBA Sergeants D Agreement Collective Bargaining Agreement with PBA Lieutenants D Other PBA - Notice of Ratification REVIEWERS: Department Reviewer Action Date Human Resources Oldbury, Julie Approved 10/21/2016 - 2:28 PPA Legal Swanson, Lynn Approved 10/27/2016 - 2:34 PPA Finance Howard, Tim Approved 10/27/2016 - 2:34 PPA City Manager LaVerriere, Lori Approved 10/28/2016 - 11:32 AM Page 373 of 716 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 RESOLUTION R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION (PBA) FOR THE OFFICER AND DETECTIVE BARGAINING UNIT FOR THE PERIOD OF OCTOBER 1, 2016 THROUGH SEPTEMBER 30, 2019; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City and the Palm Beach County PBA successfully negotiated a new three year Collective Bargaining Agreement; and 16 and 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union; WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the residents and citizens of the City to ratify and execute the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby ratify the Collective Bargaining Agreement between the City of Boynton Beach and the Palm Beach County PBA for the Officer and Detective bargaining unit for the period of October 1, 2016 through September 30, 2019, and authorizes the Mayor and City Clerk to sign the Agreement, a copy of which is attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. -1- Page 374 of 716 1 2 PASSED AND ADOPTED this day of November, 2016. 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 ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello -2- VOTE YES NO Page 375 of 716 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 RESOLUTION R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION (PBA) FOR THE SERGEANTS BARGAINING UNIT FOR THE PERIOD OF OCTOBER 1, 2016 THROUGH SEPTEMBER 30,2019; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City and the Palm Beach County PBA successfully negotiated a new three year Collective Bargaining Agreement; and 16 and 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union; WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the residents and citizens of the City to ratify and execute the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby ratify the Collective Bargaining Agreement between the City of Boynton Beach and the Palm Beach County PBA for the Sergeants bargaining unit for the period of October 1, 2016 through September 30, 2019, and authorizes the Mayor and City Clerk to sign the Agreement, a copy of which is attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. -1- Page 376 of 716 1 2 PASSED AND ADOPTED this day of November, 2016. 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 ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello -2- VOTE YES NO Page 377 of 716 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 RESOLUTION R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION (PBA) FOR THE LIEUTENANTS BARGAINING UNIT FOR THE PERIOD OF OCTOBER 1, 2016 THROUGH SEPTEMBER 30,2019; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City and the Palm Beach County PBA successfully negotiated a new three year Collective Bargaining Agreement; and 16 and 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union; WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the residents and citizens of the City to ratify and execute the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby ratify the Collective Bargaining Agreement between the City of Boynton Beach and the Palm Beach County PBA for the Lieutenants bargaining unit for the period of October 1, 2016 through September 30, 2019, and authorizes the Mayor and City Clerk to sign the Agreement, a copy of which is attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. -1- Page 378 of 716 1 2 PASSED AND ADOPTED this day of November, 2016. 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 ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello -2- VOTE YES NO Page 379 of 716 F.,TtiA Wlu1-�i►ii� I':1 yj r am mmuuj��=� lulligill DIMkIDUM 9 NON MANVIN F.11 V141,11 Page 380 of 716 ARTICLE PAGE NO 1 Preamble 4 2 Recognition and Notice 5 3 Non -Discrimination 6 4 Dues Deduction 7 5 Union Business a 6 Bulletin Board 9 7 Assignment Pay 10 8 Vacancies and Probation 12 9 Management Rights 13 10 Advisory Committee 14 11 Hours of Work and Overtime is 12 Wages 17 13 Seniority 21 14 Additional Monetary Benefits 22 15 Uniforms 25 16 Physician Services and Immunizations 26 17 Group Insurance 28 18 Leaves 30 19 Holidays 33 20 Funeral Expenses 35 21 Equipment Maintenance & Safety 36 22 Training 37 23 Career Path Program 39 24 Personnel Records 40 25 Legal Action 41 26 Discipline 42 26B Appeals of Disciplinary Action 44 27 Grievance and Arbitration Procedure 46 28 Reserved 49 29 Reserved 49 30 Personal Vehicles so 31 Drug Testing si 32 Posting 52 33 Complete Agreement and Non -Waiver Provision 53 34 Severability 54 35 Duration ss 36 Take Home Vehicles 56 Page 2 of 78 t -AF Qn TA - PBA T" -C i PRA Police Officers& Detectives and City of Boynton Beach -For a Term Ending September 30, 2019 Page 381 of 716 37 Off Duty Details (Secondary Employment) 57 38 Detective First Grade 60 39 Pension 61 Appendix 1. Field Training and Police Training Officers 62 Addendum "A": Drug Free Workplace Policy 63 Addendum "B": Mutual Consent Agreement 76 Signature Page 78 Page 3 of 78 TA - PBA u ~ TAS 'City PRA Police Officers & Detectives and City of Boynton Beach - For a Term Ending September 30, 2019 Page 382 of 716 This Agreement is entered into by the City of I Boynton Beach, Florida, hereinafter referred to as the "City" and Palm Beach County Police Benevolent Association, Inc., located in West Palm Beach, Florida, hereinafter referred to as the "PBA", for the purpose of setting forth the Parties' Agreements regarding rights, wages, hours, terms, and conditions of employment, and benefits. Page 4 of 78 DO TA - PBA -City PEA Police Officers & Detectives and City of Boynton Beach - For a Term Ending September 30, 2019 Page 383 of 716 The City recognizes the Palm Beach County Police Benevolent Association ("PBN') as the exclusive representative for the purpose of collective bargaining with respect to all full time sworn police officers within the following job classifications: Police Officer and Detective, or as modified by PERC. The term "member" or "employee" will mean any member in the bargaining unit. The PBA recognizes the City Manager, the Cit,/s chief executive 661cer, or her designees as the exclusive City representative (s) for the purpose of collective bargaining with respect to the wages, hours and terms and conditions of employment of PBA bargaining unit employees. All notices concerning the wages, benefits, and conditions of employment of bargaining empJD_vees to the PBA will be addressed to the attention of PBA President with a copy to the PBA General Counsel and mailed or delivered to 2100 N. Florida Mango Road, West Palm Beach, FL 33409. If changes occur, the PBA will advise the City in writing of the names and addresses of other PBA representatives, if any, who are authorized to accept notices from the City. Notice by the City to anyone other than those persons designated by the PBA does not satisfy legal notice and is not binding on the PBA. All notices to the City will be addressed to the City Manager with a copy to the City HR Director and mailed to 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435. If changes occur, the City will advise the PBA in writing of the names and addresses of other City representatives, if any, who are authorized to accept notices from the PBA. Notice by the PBA to anyone other than those persons designated by the City Manager does not satisfy legal notice and is not binding on the City. 46F Page 5 of 78 TA - PBA T*A- City PRA Police Officers & Detectives and City of Boynton Beach - For a Term Ending September 30, 2019 Page 384 of 716 -se-PAK .................... r.J&ffj=4:rq# - w The City and the PBA oppose discriminatory behavior of any nature. The City and the PBA shall work jointly to eradicate discriminatory conduct in the work place. To that end, the City and the PBA agree that both Parties have an affirmative duty to act against discriminatory behavior when it occurs in their presence or comes to their attention. Discriminatory conduct by an employee can result in disciplinary action up to and including termination. Discriminatory conduct means any communication, verbal or non- verbal, which is unwelcome, objectionable, or not acceptable, desired, or solicited and relates to race, sex, color, religion, national origin, handicap, familial status, sexual orientation, age, or marital status. Page 6 of 78 ....................... TA -PBA TA -City PBA Police Officers & Detectives and City of Boynton Beach - For a Term Ending September 30, 2019 Page 385 of 716 Vill Upon receipt of a notice from the PBA and approved by the City which has been voluntarily executed by a City employee who is a member of the bargaining unit, the City will deduct from the pay due the employee, those dues and uniform assessments required to retain PBA membership as certified by the PBA. The total amount of deductions shall be remitted each month by the City to the Treasurer of the PBA. This authorization shall remain in full force and effect during the term of this Agreement or for thirty (30) days after notification of the revocation of the authorization to deduct by the employee. TA AA W, Ity PBA Police Officers & Detectives and City of Boynton Beach - For a Term Ending September 30, 2019 Page 386 of 716 PROMW kil EIRM A I RM. I I 11. 1 1 0. . I 1 0 1 , i . 0 � 0 1 INdWKNIVU114 A. Engaging in collective bargaining with the representatives of the CITY. B. Processing of grievances. C. Accompanying a fellow employee when: 1. The employee is required to appear at a hearing related to a grievance. 2. The employee is presenting or responding to a grievance. 3. The employee is subject to questioning and believes (s)he may be disciplined. The City may negate the employee's concern regarding discipline by written confirmation to the officer that (s)he will not be disciplined based on answers provided in the questioning. The employee is attending a pre -determination hearing. The CITY may deny a request for time off if it interferes with productivity or staffing needs. However, the exercise of such right on the CITYS part shall not allow the CITY to proceed in a manner which deprives the employee of his or her right of representation. .14 W His I IIIE14 I Mwin WK.'ROP ,WFICINIMisr-WIP --I- _4 Section 2. No employee may engage in PBA business or use City equipment property while on duty except as referenced in Section 1. 1 Page 8 of 78 TA - PBA TA gCity7 PBA Police Officers & Detectives and City of Boynton Beach - For a Term Ending September 30, 2019 Page 387 of 716 I "n TIINWIA ,-NL — -, —." 1;11�111g� � we "t, IngOl-neu and other union material. The Union will supply locking style bulletin boards. Anoticeor item placed on the bulletin board shall bear, on its face, the legible designation of the PBA responsible for placing of this notice or item on the bulletin board. The Union will hold harmless and indemnify the City for all claims or actions arising from materials placed on the bulletin board. M T _qc i —t]l PBA Police Officers & Detectives and City of Boynton Beach - For a Term Ending September 30, 2019 Page 388 of 716 ASSIGNMENT PAY Employees may be assigned to or removed from specialty units at the discretion of the Chief of Police. With the exception of assignments to K-9, marine and motorcycle, assignments may not be declined if the assignment has been posted and less than two members apply for the assignment. An assignment taken involuntarily will not exceed 90 calendar days in total. Removal from an assignment is not subject to grievance. Only the following assignments have a tem:car�z benefit which ends when the emQd �- is removed from the assignment: ASSIGNMENT- MONETARY YALUE- FTO1 (Field Training Officer) 7% when actively training for one or more full shifts. PTO' (Police Training Officer) 7% when designated to training activities. SWAT (Special Weapons & Tactics) 10% when engaged in actual response, not training. IN 21 Ell Mis 19 E E 97A �-- M OIC (Officer in Charge) Employees assigned to the K-9 Unit or to work with a therapy canine will receive one (1) hour of overtime for K-9 care, equipment maintenance and vehicle cleaning for each regular day off, vacation day when the dog is not kenneled or otherwise boarded. K-9 officers will be allowed one (1) hour of duty time per work day to tend to K-9 care, equipment maintenance and vehicle cleaning. Employees on vacation will be credited one (1) hour per day for K-9 care, equipment maintenance and vehicle cleaning. 7% following four (4) consecutive hours of assignment. IIC (Investigator in Charge) 7% following four (4) consecutive hours of assignment. Grandfathered Detectives First Grade (DFG): TAS city PRA Police Officers & Detectives and City of Boynton Beach - For a Term Ending September 30, 2019 Page 389 of 716 Effective June 2, 2015, no further promotions to the rank of DFG will occur (the rank has been eliminated). The members that had been promoted into that position arc grandfathered in and remain without reduction in their current rate of base pay. MMI IM following incentive pay for each year of this contract: a lump sum payment of $7500.00, which will be paid in quarterly installments of $1,875.00 per quarter beginning after the promotion date on the first full pay period following: October 15th, January 15th, April lst� and June 15th. This incentive expires when a Career Officer Program is agreed to or on September 30, 2019, whichever comes sooner. (See Article 12 - Wages.) Grandfathered DFGs assigned to the Liaison program will serve in that assignment for '? maximum of a year (from date of assignment) and will not be reassigned to that program for a period of 24 months before repeating the assignment. Upon completion of the Liaison assignment they will resume their previous DFG duties. The liaison program may be started or stopped at the Chief's discretion at any time per the needs of the agency. This Article will took effect June 2, 2015.The provisions of the Article were not retroactive rn regard to promotional pay calculations to the members who were promoted out of this CBA prior to June 2, 2015. F--ffective 10/1/2014 the grandfathered DFG pay range is $S4,373.67 - $8S,939.S8. Rffective October 1, 2016, the pay range continues to be $54,373.67 - $85,939.58. Wee Article 12 - Wages for more information. 1 See Appendix 1 for FTO & PTO program guidelines. 4-Itf Page 11 of 78 Z_ TA - PBA TA City PBA Police Officers & Detectives and City of Boynton Beach - For a Tenn Ending September 30, 2019 Page 390 of 716 Section 2. Police Officer Recruits that are sponsored by the agency have a probationary period of one year that starts after passing the FDLE certification exam. ke(OF Page 12 of 78 _FLCity TA— PBA T 4 PBA Police Officers& Detectives and City of Boynton Beach -For a Term Ending September 30, 2019 Page 391 of 716 Section 1. It is the right of the City to determine unilaterally the purpose of its Police Department, set standards of services to be offered to the public, and exercise control and discretion over its organization and operations. It is also the right of the City to direct its employees, take disciplinary action for proper cause, and relieve its employees from duty because of lack of work or for other legitimate reasons. However, the exercise ol such rights shall not preclude employees or their representatives from raising grievances, should decisions on the above matters have the practical consequence of violating the terms and conditions of any collective bargaining agreement in force, If the City fails to exercise any one or more of the above functions from time to time, it shall not be deemed a waiver of the City's right to exercise any or all of such functions. Any right or privilege of the City not specifically relinquished by the City in this Agreement or limited by law shall remain with the City. Page 13 of 78 TA - PBA TA)L City— PRA Police Officers & Detectives and City of Boynton Beach - For a Term Ending September 30, 2019 Page 392 of 716 Section 1. By mutual agreement between the City and the PbA, they may establish a joint committee. The PBA membership shall consist of persons designated by the PBA from within the position classifications covered by this Agreement, and members designated by the Chief of Police shall consist of persons within the Department, but outside the bargaining unit. Section 2. This committee may meet as needed by mutual consent, and meeting5 may be held between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday or at another mutually agreeable time. If a meeting is held during working hours of an employet participant, said participant may be excused without loss of pay for that purpose. Attendance for a meeting outside of regular working hours shall not be deemed as time worked and participants will not receive additional pay or leave benefits. Section 3. Attendance by other than members of the PBA and City Administrative Officers will be by agreement of a majority of the members of the Committee and shall first receive the approval of the Chief of Police. Page 14 of 78 TA - PBA T -City PRA Police Officers & Detectives and City of Boynton Beach - For a Tenn Ending September 30, 2019 Page 393 of 716 Section 1. The work cycle for bargaining unit members assigned to 11.5 hour shifts is a 28 day work cycle. The work cycle per bargaining members assigned to 8 and 10 hour shifts is a 7 day work cycle. For the purpose of calculating overtime, bargaining unit members assigned to the 11.5 hour shift will be paid overtime for all hours worked in excess of 172 hours in a 28 day work cycle. For the purpose of calculating overtime, bargaining unit members assigned to the 8 or 10 hour shifts will be paid overtime for all hours worked in excess of 40 hours in a 7 day work cycle. For purposes of calculating overtime, only hours actually worked, or hours worked ror Department authorized training shall be counted as hours worked. Overtime pay, when so granted, will normally be contained in the member's next regular pay check following the time worked. Employees who are in a duty status seven (7) minutes either prior to or after their shift will not be eligible for overtime pay. Employees who are in a duty status more than seven (7) minutes either prior to or after their shift must be so only with the Supervisor's approval in order to be eligible for overtime pay. The City may round start and end time of work and round to the quarter hour consistent with 29 C.F.R. § 785.48. Example: 6:53 - 7:07 = 7: 7-387:1 Section 2. Pursuant to Article 9, Section 1D, it is a Management Right to establish and change the starting and quitting times and the number of hours and shifts to be worked. Individual work schedules may be flexed (hour for hour) by personnel assigned to specialty units, upon mutual agreement between employee and supervisor, The City may flex a specialty unit member's individual's schedule for the purpose of avoiding the payment of overtime, no more than eight times per fiscal year, Flexing of time must occur only within a single work week. Uniform Services (group) shift schedules shall not be changed without the City providing thirty (30) days advanced notice to the Union of the chan /7F Page 15 of 78 TA - PBA J- City PBA Police Officers & Detectives and City of Boynton Beach - For a Term Ending September 30, 2019 Page 394 of 716 Section I No member of the Bargaining Unit shall be required or allowed to work more than sixteen (16) continuous hours except during a declared emergency or during an ongoing immediate investigation or when overtime is required to complete an 7uty assignment, i.e. late arrest. Members of the Bargaining Unit acknowledge that they have an obligation to come to work physically and mentally prepared to efficiently and effectively carry out their responsibilities. For the purpose of this section, work means regular assigned duties and detail assignments, not to include court, depositions, filings, and similar judicial responsibilities. Section 4 An employee may engage in outside employment, (including off-duty detail or self-employment) with the approval of the City Manager and with the understanding that the employee's primary duty, obligation and responsibility is to the City. Outside employment shall not be permitted when the City Manager determines that such outside employment would result in a conflict of interest, interfere with the employee's City work schedule, or otherwise be a conflict with the employee's employment with the City. To request approval, an employee should: (a) File an "Outside Employment Request Form & Affidavit" with the Human Resources Department. The employee must notify the Human Resources Department of changes in conditions of any outside employment. (b) Make arrangements with the outside employer to be relieved from duty if called for work by the City. (c) An employee must report all injuries sustained during any outside employment to the employee's supervisor at the City prior to the employee's next scheduled work day at the City. An employee's failure to report an injury sustained during outside employment shall be grounds for corrective action. M T?_36i�--- PBA Police Officers & Detectives and City of Boynton Beach - For a Term Ending September 30, 2019 Page 395 of 716 MytURAW" Effective October 1, 2016, the minimum/maximum base pay for each bargaining unit position is: Officer: $48,750.00 - $76,690.09 Detective: $48,7SO.00 - $76,690.09 Grandfathered Det«®© First Grade: $54,373.°°.$!2«39 <* Sworn Annualized officer Year Base Pay 0 $ 48,750.00 1 $ 50,212.50 2 $ 51,718.88 3 $ 53,270.44 4 $ 54,868.55 5 $ 56,514.61 6 $ 58,210.05 7 $ 59,956.35 8 $ 61,755.04 9 $ 63,607.69 10 $ 65,833.96 11 $ 67,808.98 12 $ 69,843.25 13 $ 71,938.55 14 $ 74,096.70 15 $ 76,690.09 Page 17 of 78 TA - PBA T»i(! PBA Police Officers & Detectives and City ofBoynton Beach - For a Term Ending September 30,2019 Page 396 0 716 On the anniversary date as a Sworn Police Officer occurring on or following Octob 1, 2016, an employee will advance to the step in the pay plan that corresponds his/her years of service as a Sworn Police Officer. I I Officers who were hired on January 12, 2015 will be paid $53,000.00. (Future wage adjustments to these employees will be appropriate step in the Pay Plan.) rorITMIM III =111 a n I j 11 n F 21, 1999 will receive a lump sum payment of $1,250.00, which will be paid in the second paycheck of the month following the employee's anniversary date as a Sworn Police Officer. Detectives First Grade who earned this rank on or after December 27,2012: On the anniversary date as a Detective First Grade occurring on or following October 1, 2016, an employee will advance to the step in the pay plan that corresponds to his/her years of service as a Detective First Grade and will receive an additional ten percent (10%). Detectives First Grade who earned this rank on or before April 1, 2011: On the anniversary date as a Detective First Grade occurring on or following October 1, 2016, an employee will be compensated at the Maximum of the Pay Grade for Grandfathered Detectives First Grade. A lump sum payment of $1,2S1.00 will be paid in the second paycheck of t month following the employee's anniversary date as a Detective First Grade. 3. A joint labor-management advisory committee will be established to collective ard lop a Career Officer Program and corresponding Pay Plan. This group wi Page 18 of 78 TA - PBA T A F-6—ty PBA Police Off cers& Detectives and City of Boynton Beach -For a Tenn Ending September 30, 2019 Page 397 of 716 cM nvene no later than February 1, 2017 and will provide recommendations and considerations which will then be discussed during the reopener of this Article beginning no later than March 1, 2018. III 111 111111 711111111 111111111111 11 I I . On the anniversary date as a Sworn Police Officer occurring on or folIowing October 1, 2017, an employee will advance to the step in the pay plan that corresponds to his/her years of service as a Sworn Police Officer. 1. 1. 1 1. 9 0 1;4 ts lei legig4wiru lei I Lug gr. I I I * — - b . I - I - - - - - Detectives First Grade who earned this rank on or after December 27,2012: On the anniversary date as a Detective First Grade occurring on or following October 1, 2017, an employee will advance to the step in the pay plan that corresponds to his/her years of service as a Detective First Grade and will receive an additional ten percent (10%). Detectives First Grade who earned this rank on or before April 1, 2011: On the anniversary date as a Detective First Grade occurring on or following October 1, 2017, an employee will be compensated at the Maximum of the Pay Grade for Grandfathered Detectives First Grade. A lump sum payment of $1,750.00 will be paid in the second paycheck of the month following the employee's anniversary date as a Detective First Grade with the department. The City and Union agree to reopen this Article for negotiations no later than March 1, 2018 to discuss recommendations and considerations from the established labor- management advisory committee for a Career Officer Program. Should there be no Page 19 of 78 TA - PBA TA(�-C�i PRA Police Officers& Detectives and City of Boynton Beach -For a Term Ending September 30, 2019 Page 398 of 716 agreement on a Career Officer Program by July 1, 2018, the following provisions apply for year three: WITI, MIN fl fr: IF I ISMI.L-F-W=r =117 11=1"Mire =7UT-117-7-MITT-17 T, 1, 2018, an employee will advance to the step in the pay plan that corresponds a riis/her years of service as a Sworn Police Officer. Detectives First Grade who earned this rank on or after December 27,2012: On the anniversary date as a Detective First Grade occurring on or following October 1, 2018, an employee will advance to the step in the pay plan that corresponds to his/her years of service as a Detective First Grade and will receive an additional ten percent (10%). Detectives First Grade who earned this rank on or before April 1, 2011: 417NI'TIMMI 71-sary-57cu-17-77 41ctober 1, 2018, an employee will be compensated at the Maximum of the 11 -ay Grade for Grandfathered Detectives First Grade. A lump sum payment of $1,750.00 will be paid in the second paycheck of the mI nth following the employee's anniversary date as a Detective First Grade with the department. 44�y� Page 20 of 78 TA - PBA TA9�C�i PRA Police Officers & Detectives and City of Boynton Beach - For a Term Ending September 30, 2019 Page 399 of 716 Section 1. Seniority consists of continuous accumulated paid sworn service with the Boynton Beach Police Department. Seniority shall be computed from the date of appointment. Seniority shall accumulate during absences because of illness, injury in the line of duty, vacation, military leave or any other authorized leave of absence. Section 2. The City agrees that seniority shall govern, or in the case of layoffs be a factor in, the following matters: A. Filling temporary vacancies. B. Layoffs. When evaluating who will be retained in the event layoffs are necessary, the City will consider these factors: Seniority 60% Evaluations (20%) Military Service (10%) Non -required certifications or education (10%). 3W., IMMIRIFTMI Any special event (Holiday Parade, July 4th, or any other event) shall be offered through a rotating list of bargaining unit personnel based upon Department seniority. This section does not apply to special details which require specified and established training and skills, Section 3. Assignments to platoons, divisions, and units, is a management right. Seniority will be given great weight in the selection process, after qualifications and balance of personnel are considered. Seniority may not in all cases be a prevailing qualification or the sole basis for the selection. The decision may be reviewed upon request by the Chief of Police who has the final decision. Section 4. In the event of a declared emergency alternate shifts or worlm schedules may be adopted by the Chief of Police as needed. Section S. Employees who separate from employment with the Boynton Beach Police Department and thereafter return to employment shall not be permitted to bridge seniority. Page 21 of 78 TA - PBA TA- City PBA Police Officers & Detectives and City of Boynton Beach - For a Term Ending September 30, 2019 Page 400 of 716 1 (' _1 F .' 80 hours,per fiscal year, of compensatory1 one half. `' bargaining unit terminated,member who is promoted to a position outside the bargaining unit, or who retires, or who is will be paid the balance of all unused compensatory time. Compensatory time d and accumulated shall 1" paid off totallySeptember of the fiscal yearnot utilized by the end of the month of + } Call back defined off duty, or when the work time is not contiguous with his/her assigned shift. In the event of call back the employee shall be compensated for the actual time worked, but not less than three (3) hours at the ` rone andone-half pay. When an uniformofficer is called for call back he/she will be guaranteed a minimum of three (3) hours at time and one-half and at his/her supervisor's discretion the officer may be required to work the entire three hours or longer. When an officer is called for call back his/her supervisor will indicate as to whether or not he/she should arrive in clothes,. . Call back procedure as outlined in Section 2 of this article will be utilized as follows: Step 1: Vacancies will be filled with the off -going shift platoon by seniority. Step 2: These vacancies will be first offered to all Road Patrol Officers called in through seniority list. A. The list will start with the most senior road patrol officer eligible to work call-back overtime by ID number. B. In the event the shift vacancy is filled, the list will reset to the most senior road patrol officer. Step 3: All other personnel eligible for call-back overtime by seniority. A. Must be eligible to work the entire shift vacancy. Step 4: Detective First Grade personnel called in by seniority. A. Must be eligible to work the entire vacancy. Step S: Ordered in by reverse seniority. , TA City PBA Police Officers & Detectives and City of Boynton Beach - For a Term Ending September 30, 2019 Page 401 of 716 A. Court be paid at time and • the officer is not regularAn officer on r be compensated minimum of r and one-half. B. An employee who has been instructed to remain on standby for cou appearance purposes during the employee'soff-duty r be ra s rne-half the straight time hourly rate for each houron r . to maximum of eight (8) hours of standby duty in any one day. A minimu r.yment of one be paid forr employeeassignments. When an .! .. to stand by r o, the employee • r additional straight time. If an officer does go to court he will be paid for membersindicated in Section A and not receive standby time pay. C. Bargaining unit -rr directly to court withoutprior at the police station.r- •r -rl to document the r.nce at the court house anr submit documentation to the Department Section 4. On Call Any bargaining unit member who is on an "on-call" (on -pager) basis other than court time as outlined in Article 14, Section 3 shall receive compensation of one hour of pay at time and one half for each day (24 hour period) on call. No member will be placed "on-call" without the approval of a division commander or other member authorized by the Chief of Police. c ion The City will establish the hours of work best suited to meet the operational and fiscal needs of the Department. Any officer who accepts and participates in a shift swap will follow the proper protocol. No officer shall pay or otherwise compensate a fellow officer for swapping shifts. If the officer is sick and cannot meet his/her obligation to work the shift, they are permitted to find a replacement without penalty. If any officer abuses this privilege by calling in sick the first time, they will lose the sick time (per hour) and be suspended from shift swaps for three (3) months. The second subsequent sick call will be a six (b) month suspension from shift swaps, and the third sick call could force the member to be permanently disqualified from shift swaps. The member calling in sick will not be penalized if they provide a legitimate excuse or provide documentation of being sick. Section Shift Changes - Employer An officer will be given adequate advance notice as determined by the Chief of any change 4-plo— Page 23 of 78 TA - PBA TA -PC ity PBA Police Officers & Detectives and City of Boynton Beach - For a Term Ending September 30, 2019 Page 402 of 716 Irinin 111�11;�% I i itIll I I effect, entities the officer to receive compensation at the rate of one and one-half times his/her regular salary for the first day of his/her tour of duty. Section 7. The City agrees that any member required to be out of Palm Beach County to attend court, seminars, or for any other reason as a result of his/her duties as a police officer, except if the officer is a party in a personal civil action, will be paid his/her regular rate of pay for each day or partial day required for said purposes. There will be no overtime compensation. Section 8. Officer in Charge ("OIC") or Investigator in Charge ("IIC") Whenever a bargaining unit member is assigned to fulfill the responsibilities of a supervisor for a period of four (4) or more consecutive hours, his/her regular rate of pay shall be increased by seven percent (7%) for all such hours. -j 7771711-TM371YC77 ICC), it shall designate the officer on -duty who is highest on the promotional list for Sergeant. If there is neither a promotional list nor an on -duty officer on the list, the City agree ign the m nior on -du Field Traininig Officer as OIC. If there is not a Field 110 111 6 IMMMg-,�U1 cso"i IN J! .1 Ing Iva I no.-IgNim I Im PIMP "M M Page 24 of 78 0�0 TA — PBA T — City PRA Police Officers & Detectives and City of Boynton Beach -For a Term Ending Septernber30,2019 Page 403 of 716 VAI�� Section 1. The City will provide up to three (3) full uniforms per year andshoes eve six (6) months on an as -need basis. Purchase of shoes shall be limited to $150 .00 per pai The City will supply replacements for the parts of the uniform when replacement appropriate, as determined by the Chief, and if adequate funds are available in the Ci Budget. The Detectives and other members of the bargaining unit assigned to plain cloth duty will receive, in lieu of uniforms, for clothing used at work, up to a total of $1,600.00 fiscal year, limited to $400.00 installments at the end of each quarter and pro -rated appropriate. For bargaining unit members assigned to plain clothes duty, who recei clothing; i.e. polo shirts, to wear in the performance of their duties, will have the cost such clothing deducted from the $400.00 in the quarter following the date such clothi was ordered. Section 2. Reimbursement, replacement or repair of personal clothing and equipment will be according to current department policies and procedures. The replacement will require the approval of the Chief of Police. The Detective or Uniformed Officer claiming a replacement will be required to include, with his/her claim, an explanation of the circumstances of the damage and appropriate reports concerning the incident where damage to his uniform took place. This allowance shall commence from the date of assignment on a 2ro-rated basis. Uniformed Officers assi ed to' Ilain cII( h j W6WA UIMMM N �fll 11-MOT-ffic WPM nor the three (3) months and pro -rated thereafter. Section 3. The City will bear the cost of cleaning ten (10) issued uniform pieces per week for the contract year. The City shall notify those employees that are eligible, to take W"In by the City. Detectives and other members assigned to plain clothes will be given a cash cleaning supplement equivalent to the cleaning benefit provided to uniform officers. This will be paid at the end of each quarter of the contract year. This allowance shall commence from the date of assignment on a pro -rated basis. Section I Body Cameras: An Advisory Committee met to discuss the use of bod cameras. The City and Union agree to reopen this section of the contract at the request the City at any time during the contract in order to formalize language surrounding the us of Body Cameras. I- M-MINUM -4f- -city PVA Police Officers & Detectives and City of Boynton Beach - For a Term Ending September 30, 2019 Page 404 of 716 A. The City shall provide a thorough annual physical examination, for each bargaining unit member of the Police Department. Appointments for those examinations will be made by the Police Departmem administration and will correspond with the employee's on -duty time. B. It is the responsibility of the employee to ensure that the physical exam, as noted in Section 'Aand all necessary follow-up testing be completed in a timely manner, as scheduled. Failure to do so, due to the importance of certification of fitness for duty, will result in the employee being placed in an unpaid leave status until such time as the full exam process is completed. Employees will be given opportunities to schedule appointments and/or associated medical tests while on duty. C. Pursuant to the Florida Worker's Compensation Act, F.S. 440, as amended from time to time, and the Law Enforcement Heart and Luna Bill, F.S. 112.18, as amended from time to time, expenses related to diagnostic testing for an employee's "fitness for return to duty" and expenses related to a duty -connected injury or illness will be the responsibility of the City. The City shall provide for any immunizations or medical treatment as needed for protection from cuts or exposure to disease suffered in the line of duty. A. The City shall bear the cost of lead testing for the Range Instructors. B. The City will provide for AIDS and Hepatitis screening in instances where a member is exposed to situations or persons presenting a biological contamination threat. Section 3. Immunization A. The City shall provide an immunization schedule during the life of this Agreement for all bargaining unit members as a means of protection from the following: B. Hepatitis ® Type B: Members who refuse to be immunized for Page 26 of 78 TA - PBA T- City PBA Police Officers & Detectives and City of Boynton Beach - For a Term Ending September 30, 2019 Page 405 of 716 Hepatitis Type B and who later contract that disease shall not be presumed to have contracted the disease while on duty. C. Hepatitis - Type A: Offered to all members of the bargaining unit covered by this agreement. Members who refase to be immunized for Hepatitis Type A and who later contract that disease shall not be presumed to have contracted the disease while on duty. D. The City shall offer flu shots for all members as a means of protection from contracting the flu while working during flu season. ff 0 TIN I L11dL LIM eAP8T0&7ffTTMffl21Tj-nTM.Me u7se se 111 Me -1110 15, duty only after such documentation is brought to the attention of the City. If an employee contracts a communicable disease as listed in Section 112.181 of the Florida Statutes, as amended from time to time, then it shall be presumed that the employee contracted that disease while on duty, except as stated in this Article, Sections 3-13 and 3-C. Record keeping and notification of known exposures shall be as required by Chapter 112.181 Florida Statutes, as amended from time to time. Page 27 of 78 03 TA - City PBA Police Officers & Detectives and City of Boynton Beach - For a Tenn Ending September 30, 2019 Page 406 of 716 rpjp��I!��11;1��p �l!!��l��!��lll��ll��l1 Effective October 1, 2015, the sole medical benefit plan available to employees is a High Deductible Health Plan (HDHP). The City shall pay the total HDHP medical, vision and dental insurance premium for all bargaining unit members while employed by the City. The members will pay the full cost of HDHP medical, vision and dental insurance for their fependents. A. Medical Insurance: 1. The premium cost for "employee only" HDHP medical insurance shall be paid by the City. Employees are responsible for paying any premiums associated with covering dependents. 2. The City will provide opportunities to convert an annualized total of up to one thousand dollars ($1000.00), after pension deduction, of any combination of sick and vacation time at the 100% conversion rate to help fund their HSA. This conversion can be done during the follow times: M a. November 1, 2016 - November 30, 2016 (any amount up to an annualized total of $1000.00) b. April 1, 2017 - April 30, 2017 (any amount up to an annualized total of $1000.00) c. For purposes of this Article, "annualized" means plan year October 1, 2016 through September 30, 2017. C' . - _TA City Y PEA Police Off cern & Detectives and City of Boynton Beach -For a Term Ending September 30, 2019 Page 407 of 716 Year Two (October 1, 2017 - September 30, 20 18) and Year Three (October 1, 2018 - September 30,2019): 1. The City and the Union agree to reopen this Article in July of each contract year if any of the following conditions are met: a) The premium cost for dependent coverage increases by more than six percent (6%). b) A type of plan other than a High Deductible Health Plan will be offered c) The deductible amounts for the High Deductible Health Plan increases. d) If the City's Employee Health and Wellness Center is not operational by Ap ril 1, 2 0 17. RM —6-1 0 4 s I Members of the bargaining unit shall be covered by $35,000 of group life insurance with the premium paid by the City. Section 3. The City shall pay the premium for a Fitty'rhousand Dollar ($50,000-00) life insurance policy to all bargaining unit members at no expense to the employee. The policy shall bear a double indemnify provision for death occurring in the line of duty. This shall be in addition to any other benefits required by State or Federal law. M PBA Police Officers& Detectives and City of Boynton Beach -For a Term Ending September 30, 2019 Page 408 of 716 Sfflioa_1. Annual Leave - Vacation A. All employees will follow the following vacation schedule: Years of Service Vacation Hours 1 year 9-fi 2 ye—ars 120 3 -years 120 4 years 128 5 years 136 6 years 144 ears 152 8 years 160 ears 168 10 vears 176 11years 176 12 vears 176 13 vears 176 14 vears 176 15 vears im 16 vears 192 17 years 192 18 years 192 19 vears 192 20 vears 192 21 years & after 2-0 B. Vacation requests may be submitted from 14 - 45 days in advance for vacation. In the event of conflicting requests for vacation dates, the senior member request shall prevail if it was submitted thirty (30) days prior to the date or dates requested. Vacations of two days or less may be made with twenty-four (24) hours advance notice or less. All other requests submitted less than 30 days shall be on a first come first serve basis regardless of seniority. 07�� PBA Police Officers & Detectives and City of Boynton Beach - For a Term Ending September 30, 2019 Page 409 of 716 r tI. Request for emergency vacation leave will considered individually by t" Chief I Section 2. Sick Leave A. Employees will earn ninety-six (96) hours of sick leave per year at the rate of eight (8) hours per month. The use of sick leave will be in accordance with the Personnel Policy Manual and Police Department Rules and Regulations, as applicable. Each bargaining unit member covered by this agreement is eligible to receive one bonus day of eight (8) hours for continuous attendance at work at the completion of each calendar quarter that the bargaining unit member has not used sick time, family sick time, and/or FMLA coded leave, during the previous quarter, nor has been absent from work or on leave other than non-FMLA vacation, scheduled sick, bereavement, compensatory time, and/or jury duty. Bonus days shall be counted as vacation leave and subject to the provisions set forth for use of vacation. B. Employees who have more than one hundred twenty (120) hours of sick leave that they will accrue by September 30th, of any contract year may convert 50% of the excess over one hundred twenty (120) hours to a cash straight time payment not to exceed one hundred (100) hours. The request for this conversion must be received by the Cit,/s Finance Department between August 1st and Septem•- o ♦ eonversion payout will occur by September 30th. C. Sharing Sick Leave 1. The City will permit an employee to donate accrued sick leave time to another employee whenever extraordinary circumstances require the designated employee to be absent from work for a lengthy period of time when that employee has exhausted all accrued sick leave and vacation leave. 2. Extraordinary circumstances shall be defined as lengthy hospitalization, extended illness, or injury, of the member or the member's immediate family. D. Sick leave for medical appointments is permissible and should be scheduled at least 48 hours prior to the appointment when possible. Sick leave time that is scheduled at least 48 hours in advance will be coded in the City's payroll system as 'scheduled sick leave" and will not count against the employee for attendance purposes, including eligibility for bonus days as referenced in Section 2A of this Article. a4� Page 31 of 78 TA - PBA TA - PRA Police O)TIcers & Detectives and City of Boynton Beach - For a Tenn Ending September 30, 2019 Page 410 of 716 No member shall be placed on restricted sick leave unless that member / a counseling session related to attendance.During session,1 be 1 -/ of the reasonsor she is being considered for restricted sick leave. At that time, the member will be given an opportunity to explain the sick days taken. When a memberplaced 1 restricted sick leave, the member will be notified in writing of memberunit placed 1, restricted sick leave shall bere-evaluated in six months.! re-evaluated within ten working days period the unit memberremoved from restricted sick leave. , employee be ! e .c to"house by !- ! or their designees unless they have been placed on formal restricted sick leave or a documented reason forproduced r each • every occasion 1 forwarded up the chain of command. Each member is granted and may use up to forty-six (46) hours of paid personal leave each contract year. Personal Leave for employees hired after ratification will be prorated. Unused Personal Leave will not be carried over from year to year, will not be paid if not used, and will not be paid out upon separation of employment. Personal time is to be scheduled in the same manner as vacation. This benefit sunsets at the terminationof this agreement. Compassionate Leave: in the event of the death of the mother, father, foster parents, brother, sister, husband, wife, registered domestic partner, son, daughter, grandparents, grandchildren, mother-in-law, father-in-law, sister-in-law or brother-in-law, grandparents of spouse and any permanent family member of the household, such employee shall be entitled to paid compassionate leave not to exceed three (3) consecutive shifts for any one death. However, if it is necessary for the employee to leave the State in connection with the internment of the deceased, five (5) consecutive shifts shall be allowed. Employees must verify attendance in writing, in order to be eligible for this article. The City Manager may grant additional leave under this section, except that such additional leave shall be debited against the employee's accrued sick or annual leave. Page 32 of 7 ............. ._._._._.__- ...... _,. T - P TA - City PBA Police OJfi'cers & Detectives and City of Boynton Beach -For a Term Ending September 30, 2019 Page 411 of 716 1% d"W"A""M I A. The second paycheck in October, members will receive 90 hours straight time Holiday Pay at current rate of pay on check date. This payment is for the following holidays: o Veterans' Day o Thanksgiving Day o Day After Thanksgiving o Christmas Eve o Christmas Day o New Year's Day B. The second paycheck in January, members will receive 75 hours straight time Holiday Pay at current rate of pay on check date. This payment is for the following holidays: o Martin Luther King, Jr. Day o Presidents' Day o Memorial Day o Independence Day o Labor Day Section 2. Bargaining Unit Members must be actively employed on the paycheck date in order to receive the Holiday Pay in Section 1. Section 3. Bargaining Unit Members who leave employment must pay back any holidays for which they were paid but were not employed on date of holiday. This payment will be deducted from the member's final pay check at the hourly rate at which the holiday was paid. Section 4. New Hires will receive Holiday Pay on a pro -rated basis on the first paycheck of the month following date of hire. The proration will be calculated as follows: A. If hired between October 1st and January 1st, (s)he will receive Holiday Pay for only the holidays in Section 1A that occurred while (s)he was actively employed. 03�1� PRA Police Officers & Detectives and City of Boynton Beach - For a Term Ending September 30, 2019 Page 412 of 716 B. If hired between January 2nd and September 30th, (s)he will receiv,.- Holiday Pay for only the holidays in Section 1B that occurred while (s)he was actively employed. Section S. There is no additional pay, premium or otherwise, for time worked on City - observed or actual holidays. Section 6. There is no pay, premium or otherwise, to Bargaining Unit Members who do not work on City -observed or actual holidays. Page 34 of 78 TA - PBA TA VCRY PBA Police Officers & Detectives and City of Boynton Reach - For a Term Ending September 30, 2019 Page 413 of 716 Section 2. All employees shall, on a form to be supplied by the Chief of Police or his authorized representative, designate by name and address, the individual to whom such funds are to be paid. In the event of conflicting claims for payment, the City will interplead the funds by court proceeding if the parties with conflicting claims cannot resolve their dispute within sixty (60) days. Page 35 of 78 City TA - PBA P6ty PBA Police Officers & Detectives and City of Baynton Beach - For a Term Ending September 30, 2019 Page 414 of 716 FUNVIE The City will maintain vehicles and equipment in a safe condition and in accordance with law or ordi K$J 4,011114100 16JE&M MIA *N[syng mow to] Concerns about unsafe condition will be brought to the attention of the immediate Supervisor who will make a judgment call concerning the need for immediate repair prior to use. If the Bargaining Unit Member does not agree with the immediate Supervisor he/she may ask that the next level of supervision review his/her concern, and that Shift Commander will be the final judge on the safety of the equipment and the appropriate action to take at that time. zl-� Page 36 of 78 TA - PBA TT- -City PRA Police Officers & Detectives and City of Boynton Beach - For a Term Ending September 30, 2019 Page 415 of 716 MRINAWN, Section 1. All training required of the officer by the Police Department when off duty will be compensated at time and one half, except for training or travel activities that are off site and considered to be seminars, conferences, and special programs where expenses incurred are paid for by the City. The content and course of weapons training will be established by the Chief of Police Each member will be allowed three opportunities to meet prescribed qualffication standards. If the officer does not qualify in three attempts, they will be required to qualify on their own time and expense to remain eligible for employment as law enforcement officers. A. The City will provide for those members who attend colleges and/ ' universities an incentive of reimbursement for tuition and books, subject budget appropriation, based upon the grade received for that class. T I member is to pay for the tuition and books and be reimbursed, at sta coil ege/univers ity rates. Reimbursement rate percentages are as follows: "A" equals 100% of tuition and books "B" equals 75% of tuition and books "C" equals 50% of tuition and books College and/or university programs must be initially approved by the City Manager and must be a part of a program leading to an acceptable Associates, Bachelor or Master degree with a curriculum directly related to the Police profession. The Chief will make a recommendation to the City Manager who will have final approval for the courses, degree program and payment. B. The City shall reimburse for tuition and books reimbursement even if a course is not part of a program leading to a degree providing that the course is job related and approved by the City Manager prior to registration of said course. Page 37 of 78 TA - TA City PBA Police Officers & Detectives and City of Boynton Beach - For a Term Ending September 30, 2019 Page 416 of 716 C. Reimbursement for amounts f', the IRS allowable calendar year tax-free benefit are subject to income tax withholding. The IRS allowable calendar year tax-free amount for January 1, 2016 through December 31, 2016 is $5250.00. The IRS may adjust this amount each year. Section 4. The City shall provide reimbursement for authorized expense -- Department. MTM#� Q00 iAL -City PRA Police Officers & Detectives and City of Boynton Beach - For a Tenn Ending September 30, 2019 Page 417 of 716 Section 1. The Career Path Program has been discontinued. Members actively participating in the program as of June 2, 2015 will continue to receive the ten percent (10%) incentive until promoted out of the bargaining unit. Section 2. A joint labor-management task force will be established to collectively develop a Career Officer Program and corresponding Pay Plan. This group will convene no later than February 1, 2017 and will provide recommendations and considerations which will then be discussed during the reopener of this Article beginning no later than March 1, 2018. Page 39 of 78 TA -.PBA T AR City PRA Police Officers & Detectives and City of Boynton Beach - For a Tenn Ending September 30, 2019 Page 418 of 716 MA1111 "M Section 1. A personnel file for all City employees is maintained by the Citys Human Resources Department. Employees may inspect and obtain copies of personnel files in accordance with Florida Law. Section 2. Internal affairs investigatory files will be maintained in accordance with Florida State Statutes. Section 3. All bargaining unit members covered by this Agreement must be notified v,,ktki:r_-24 kitirs if tke re-VLiest iA"writixg (E -Mil iv-2ccceltAle xttific2ti-tx) wXex-s�ixxe*,xe other than a City employee requests to review the bargaining unit members' personnel/I.A. file, unlessthe file is being inspected by a governmental agency (including IRS), or state attorney, in the conduct of a lawful criminal investigation when confidentiality of the investigation is requested. 4a- Page 40 of 78 TA - PBA TAR'City PRA Police Officers& Detectives and City of Boynton Beach -For a Term Ending September 30, 2019 Page 419 of 716 Section 1. In accordance with Florida Statutes, the City will provide legal defense for a member against any civil damage suits wherein said member is a named party and wherein the alleged damages were allegedly caused by the actions of said member while acting within the scope of his/her authority and within the course of his employment. Section 2. The City will indemnify all members against judgments for compensatory liable for such actions. Section 3. The City will select the Attorney who is to defend the employee relative to this Article. Section 4. The employee will be responsible for filing any counterclaims at his/her expense. 414 Page 41 of 78 TA - PBA TA - City PRA Police Officers & Detectives and City of Boynton Beach - For a Term Ending September 30,2019 Page 420 of 716 WUNIAM ININIU1101 Section 1. The Parties recognize that the interests of the community and job security of the bargaining unit members depend upon the Citys success in providing proper and efficient services to the community. To this end, the City and the PBA encourage to the fullest degree, behavior which is positive and supportive of the goals of effective municipal management and public safety. The Parties recognize the need for progressive and appropriate discipline when an employee's conduct and job performance are inconsistent with said goals. Section 2. No bargaining unit member shall be disciplined except for cause. Progressive, consistent, and appropriate discipline will be administered according to the seriousness of the offense. The following disciplinary actions shall be utilized and, depending on the severity of the offense, the first action may be at any appropriate level including dismissal. A. Written Reprimand B. Suspension Without Pay C. Demotion D. Dismissal Section 3. Any bargaining unit member whothas -been promoted consistent with and pursuant to Article 7 herein who, thereafter, is demoted shall be returned to the position and shift he or she occupied immediately prior to the promotion or to a position and shift consistent with his or her seniority as a sworn officer with the Police Department, whichever is more favorable for the member. Personnel re-entering the bargaining unit as provided above shall be placed in their respective Step Pay Plan based upon their completed nars of sworn service with the Cit., ynton Beach Police Deyartment at the _V of Boyn time of demotion. Section 4. No Employee shall be subject to major discipline without first being afforded a pre -determination conference with the City Manager. No pre -determination conference shall be conducted with less than ten (10) calendar days' notice to the Employee. Section 5. Suspensions will be imposed in increments of eight (8) hours loss of pay. Section 6. Members will be ineligible to work off duty details during any calendar day on which they are observing a suspension. TA W-0—ty PRA Police Officers & Detectives and City of Boynton Beach - For a Term Ending September 30, 2019 Page 421 of 716 Section 7. The City will provide notice to the PBA when it an completes an investigation of bargaining unit members that could result in disciplinary action or when an employee is given a suspension. 4JI401-- Page 43 of 78 w TA - PBA Tk- City PBA Police Officers & Detectives and City of Boynton Beach - For a Tenn Ending September 30, 2019 Page 422 of 716 Discipline is classified as either major or minor. MAJOR DISCIPLINE is a: termination, demotion, or suspension without pay of more than sixteen (16) hours. Major discipline may be by appeal to an arbitrator, by using the same procedure for appointment of an arbitrator as set forth in Grievance Article above. The Union may request review of the discipline by the City Manager provided it does so before the fifteen (15) day time limit for requesting arbitration. If a meeting is requested, the fifteen (15) day time limit for requesting arbitration shall be abated. The request for appointment of an arbitrator must be made in writing within fifteen (15) calendar days of notice of the City's disciplinary action or review by the City Manager is completed is review by the City Manager was timely requested. The arbitrator may sustain, reverse, or modify the discipline set by the City Manager. The decision of the arbitrator is final and binding on the parties. If the arbitrator reverses the discipline in its entirety, the Employee will be made whole. Any and all procedures regarding arbitration which are not specifically set forth in this Section shall be governed by Article 27, Sections 4 through 9. The decision of the arbitrator is final and binding on the parties subject only to the rights of the parties to confirm, clarify, or set aside the award as set forth in the Florida Arbitration Code. t'tgp Page 44 of 78 TA - PBA TA�- City PRA Police Officers & Detectives and City of Boynton Beach - For a Tenn Ending September 30, 2019 Page 423 of 716 IZIM, 41 114 0101 ha 9 1.U3 Written reprimands may not be appealed, but the Employee may submit a written response provided the response is submitted within fifteen (15) days of the written reprimand. If a written response is submitted by the Employee, it shall be attached to the written reprimand and placed in the Employee's personnel file. Suspensions without pay of sixteen (16) hours or less may be appealed to the City Manager whose decision shall be final. An appeal shall be filed in writing within fifteen (15) days of notice of the suspension without pay. The City Manager shall render a decision within twenty (20) days of the appeal. The City Manager's decision may be to sustain, fully reject, or lessen the discipline. The City Manager or her designee will conduct intervi,-4w,,-s wi OiLth-egrievant-&Lcartment�� or members of the bargaining unit as :ewrt of his/her review of the discipline. Page 45 of 78 TA PBA TA -City PRA Police Officers & Detectives and City of Boynton Beach - For a Term Ending September 30, 2019 Page 424 of 716 Section 1. A grievance, as used in this Agreement, is limited to a complaint or request of a bargaining unit member or the PBA which involves the interpretation or application of, or compliance with, the provisions of this Agreement. Appeals of disciplinary action are not grievances but may be brought following the procedures set forth in Article 26 B. Section 2. Grievances concerning working conditions not specifically covered by the terms and provisions of this Agreement shall be subject to the grievance procedure up to, but not including, arbitration. Systim 3. In the event a grievance should arise as to the interpretation or the application of the terms of the Agreement or departmental regulations, the said dispute or grievance shall be dealt with in the following manner. Any grievance not answered by the City within the time limits provided below will automatically advance to the next higher step of the grievance procedure. STEP I The aggrieved employee or an Association representative shall present the grievance or dispute in writing, setting forth the facts with particulars and the remedy sought, within ten (10) working days (Monday through Friday) of its occurrence or knowledge thereof, to the Chief of Police. The Chief of Police shall reply in writing within ten (10) working days (Monday through Friday) of receipt of the grievance or dispute. If the Chief of Police shall fail to respond in writing, the grievance is presumed to be denied and the employee or an Association representative may move to the next step. STEP 2 If the Chief of Police replies and the aggrieved party or the PBA is dissatisfied, then the grievance may be submitted to the City Manager within ten (10) working days (Monday through Friday) of receipt of the Chief of Police's reply or when a reply was due, if none is submitted. The City Manager shall reply within ten (10) working days (Monday through Friday) of receipt of the grievance or dispute. If the City Manager shall fail to reply in writing, the grievance is presumed to be denied and the employee or an Association representative may move to the next step. Page 46 of 78 C�3 TA - PBAT- City PBA Police Officers & Detectives and City of Boynton Beach - For a Tenn Ending September 30, 2019 Page 425 of 716 STEP 3 If the grievance has not been settled by Steps 1 and 2, the PBA or the City may request arbitration within fifteen (15) working days (Monday through Friday) of receipt of the City Manager's reply or when a reply was due, if none is submitted. The PBA request must be timelW filed with the American Arbitration Association �/� or Federal Mediation and Conciliation Service (FMCS) on or before the fifteenth (15th) day deadline, with a copy to the City Manager. The rules for conduction the arbitration will not be the rules of AAA or FMCS unless agreed to by the City and PBA, but will be governed by the terms of this Agreement. Section 4. By agreement of both Parties, a meeting will be held at any step of the grievance procedure. Section5. The arbitrator will be selected by mutual strike, with the Grieving [carty striking first. Each Party has a one-time right to strike the entire panel. After aw ?rbitrator has been selected, the arbitration hearing shall be held on a date mutually Rgreeable to the City and the Union. Section 6. Briefs, if any, must be filed with the arbitrator no later than thirty (30) days after the close of the Hearing or after receipt of the transcript, if a transcript is requested. Section 7. A transcript of the proceeding will be made, unless waived by both Parties. The cost, including the arbitrator's copy, will be shared equally by the Parties with the PBA share not to exceed $500.00. Section 8. The arbitrator shall render an Award within thirty (30) days of receipt of the briefs, if any, or of the transcript if Parties have agreed to submit the transcript in lieu of briefs. Section 9. The PBA and the City shall each bear its own expense in the arbitration proceedings, except that both Parties shall share equally the fee and other expenses of the arbitrator. Section 10. A probationary employee may not grieve any matter concerning assignment, or discharge for reasons of failure to meet performance standards. Section 11. Settlement of grievances prior to the issuance of an arbitration award shall not constitute a precedent nor shall it constitute an admission that the Agreement has been violated. Page 47 of 78 C�n TA - PBA TIV-c—ity PRA Police Officers & Detectives and City of Boynton Beach - For a Term Ending September 30, 2029 Page 426 of 716 Section 12. Whenever a grievance is general in nature, in that it applies to two (2) or more bargaining unit members, or if the grievance is directly between the PBA and the City, the grievance may be presented in writing directly at Step 2 of the Grievance Procedure within fifteen (15) working days of the occurrence or knowledge of the occurrence or matter giving rise to the grievance. The grievance shall be signed by the aggrieved bargaining unit members or a PBA representative on behalf of all aggrieved PBA members. Page 48 of 78 TA - PBA Tr -- City ll - PRA Police Officers & Detectives and City of Boynton Beach - For a Term Ending September 30, 2019 Page 427 of 716 .alcp Page 49 of 78 TA - PBA TA(` City PBA Police Officers & Detectives and City of Boynton Beach - For a Term Ending September 30, 2019 Page 428 of 716 "M1111"IMM Section 1. When an employee is required to use his/her personal vehicle in the performance of police duties, said employee shall be reimbursed a mileage rate as established by City resolution, f, •- traveled to and from the normal work Ifcation. Section 2. For the purpose of this Article, the performance of police duties shall i de attendance at court, depositions, administrative hearings, conferences with City ifficials, schools and seminars. Page 50 of 78 TA - PBA �A- City PRA Police Officers & Detectives and City of Boynton Beach - For a Term Ending September 30, 2019 Page 429 of 716 M "M drug testing. Post -accident testing may be required by a supervisor in accordance with rules approved by the City and the PBA. The City supports random drug testing for all bargaining unit members. The City reserves to itself the power to order employees to submit to reasonable suspicion or random drug testing, subject to compliance with the testing/sample handling procedures as set forth in Florida Statute and the Florida Administrative Code, as referenced in the City's Drug Free Workplace Policy. The City agrees to use a State certified laboratory for all drug testing. The Drug Free Workplace Policy approved by the City and the PBA is attached as Addendum 'A." Page 51 of 78 TA - PBA TA'ECity PBA Police Officers& Detectives and City of Boynton Beach -For a Term Ending September 30, 2019 Page 430 of 716 ART] 'I'dCancies III posluuns-ur -)_-SL-jr1#: I I before the application deadline for the position or assignment. Anyone applying for ? posted position must meet the qualifications on the final day of posting; for example, whil4 the applicant may not be eligible at the time his/her application is submitted, if thi; be accepted and considered. Page 52 of 78 . . .... ............. . . . TA - PBA city PBA Police Officers& Detectives and City of Boynton Beach -For a Term Ending September 30, 2019 Page 431 of 716 # Section 1. This Agreement is the complete Agreement between the parties, cancels all prior practices and agreements, and, except as expressly provided for herein, relieves the parties of the obligation to bargain on any subject during the term of this Agreement. Section 2. There is no past practice which results in a monetary benefit except as set forth expressly in this Agreement. All bargaining unit members are covered under the terms of this Agreement, Departmental Rules and Regulations and the City's Personnel PolicN Manual and not under anN Civil Service Rule�ftulation and heretofore in existence. When the City or Police Department intends to modify Department Rules and Regulations or the Citys Personnel Policy Manual the City will provided written notice to the PBA. The notice will include a description of the change and an implementation date which shall be no less than 45 days from the date of notice. If the PBA believes that that modification from date of notice to advise the City if the PBA is requesting pre -implementation or post implementation impact bargaining and to identity with specificity the manner in which the modification affects the rights of its members. The PBA response shall include 3 dates and times when the PBA is available to meet with the City to discuss/bargain the modification, excluding dates in the first 10 days following the PBA request. When bargaining is requested, it shall begin no less than 10 days following the PBA's request and shall be concluded within 14 days following the first bargaining session. Unless otherwise agreed to by the City and PBA during their bargaining, the modification will take effect as initially announced by the City, subject to the PBA's right to continue impact bargaining. This provision is not a waiver, restraint or limitation on the City's management right to determine unilaterally the purpose of its Police Department, set standards of services to be offered to the public, and exercise control and discretion over its organization and operations. All reference to days in this section means calendar days, inclusive of Saturdays, Sundays and Holidays. Section 3. Nothing in this Agreement shall be construed or interpreted as a waiver of the PBA's right to request bargaining or impact bargaining. Section 4. Nothing in this Agreement shall be construed or interpreted as a waiver or limitation on the City's management rights. A/W _Page 53 of 78 W TA - PBA iR- - City PBA Police Officers & Detectives and City of Boynton Beach - For a Tenn Ending September 30, 20%9 Page 432 of 716 AIRIM11"A", El SectiL)n 2. In the event of such finding the Parties will meet within thirty (30) days to begin negotiations of a replacement Article or Section. 41� Page 54 of 78 TA - PBA TA City PBA Police Officers & Detectives and City of Boynton Beach - For a Term Ending September 30, 2019 Page 433 of 716 This Agreement shall take effect when ratified by the members of the collective bargaining unit and the City Commission and shall remain in effect until September 30, 2019. No base wage increase, step, cost of living, or other compensation adjustments, except increases resulting from an assignment, shall be paid beyond September 30th of each year, except as provided in a subsequent Memorandum of Understanding or Collective Bargaining Agreement. Page 55 of 78 TA V Cit; PBA Police Officers & Detectives and City of Boynton Beach - For a Term Ending September 30, 2019 Page 434 of 716 T #4 Section 2. A Member is eligible for a take home vehicle if the Member has three (3) the City limits. Section 3. Vehicles will be assigned on the basis of seniority (by ID number), with seniority bumping rights for Members transferred to patrol. Section 4. Assigned vehicles are not for personal use but for work only. Section 5. A member who lives beyond the twenty (20) mile radius described in paragraph 2 above will be assigned a specific vehicle from the pool but may not take his/her car home. PRA Police Officers & Detectives and My of Boynton Beach - For a Term Ending September 30, 2019 Page 435 of 716 A FAI off-duty details (worked performed for a second party employer) require prior written approval by the Chief of Police or his designee. Police Department Index Code 712 ap1 except as modified in this Article. The City will continue I coordinating off-duty details. The net rate of pay for off-duty details paid to the officer will be set by the PBA, but no less than $35.00 per hour with a three (3) hour minimum. Current Rates: Regular Days: Vendor Bill Rate: $42.00/hour Officer Rate: $3S.00/hour City Admin Rate: $ 7.00/hour Holiday/Premium Days: Vendor Bill Rate: $S2.00/hour Officer Rate: $45.00/hour City Admin Rate: $ 7.00/hour Holidays and Premium Days Include: New Year's Eve New Year's Day Super Bowl Sunday Easter Sunday Memorial Day Independence Day Labor Day Halloween Thanksgiving Day Day After Thanksgiving (Black Friday) Christmas Eve Christmas Day The City will act as the conduit for payment for off-duty details from the second party employer to the officer. Payment to the officer is contingent on collection from the second party em Page 57 of 78 4 ——i �__Qc_ity TA - PBA PRA Police Officers& Detectives and City of Boynton Reach -For a Term Ending September 30, 2019 Page 436 of 716 MINOR ITRIN MITI "MaTIMITIM 1 # f I s I o 11 Each officer working an off-duty detail is deemed to be an independent contractor of second party employer. However, police officers on off-duty details shall be permitted tit utilize a City police uniform, radio and vehicle. For such usage, the City shall receive $7.00 dollars per hour for every detail worked to offset equipment costs. Mal MI dIIj? 011-UJLLJ' UeLdII JI'llell IL 11ILeflel-eS ;TIU1 IIIS/Itel- ILUI-Iffidl 7TUYAMg-4MJ_1_b. fAU bl" is permitted to accommodate an off duty detail. Each officer, while working off-duty details, shall adhere to City conduct standards. Any misconduct or breach of policies, rules and regulations will be handled through the Department the same as any on -duty activity. Any police officer who is on sick leave, workers' compensation or working light duty will not work any off -duty detail during that period. tog - 11; 16, 1 OR, IM NSUMMINJU [IN go] no 1KIN-10.11 01 Any police officer may not work more than 24 hours of overall off-duty details during any 7 -day work period. Exception would be when officer is on vacation (minimum of 40 hours leave) then the 24-hour limitation may be exceeded. 1 (4) "Compensation " or "salary " means, for non -collectively bargained service earned before July 1, 2011, orfor service earned under collective bargaining agreements in place before July 1, 2011, the total cash remuneration including "overtime "paid by the primary employer to a police offlicerfor services rendered, but not inclucling any payments for extra du(y or Mecia detail work 12erformed on behalf of a second paLty emplover.§ 185.02, Fla. Stat. Ann. BB Pension Code: Compensation or salary. Yhe total cash remuneration including lump sum paymentsfor accumulated sick and vacation leave and "overtime " paid by the primary employer to a police officerfor services rendered, but not including any Payments for extra duu or a special detail work Performed on behalf of a second paLty eMplowr paid direc Ul to RI officer !�E the second pgrt y employer. Page 58 of 78 (Ica TA - PBA TAJ- City PRA Police Officers & Detectives and City of Boynton Beach - For a Tenn Ending September 30,2019 Page 437 of 716 of disciplinary action as a result of a conduct violation committed while on an off duty detail. All Bargaining Unit Members assigned to cover special details may report directly to their assignment without prior checking in or • at the police station, but must advise a supervisor personally or by radio. Bargaining unit members assigned to a special detail shall comply with all current department policies and procedures in effect. Page 59 of 78 TA - PBA TA - City PRA Police Officers & Detectives and City of Boynton Reach - For a Term Ending September 30, 2019 Page 438 of 716 IMINMV17A The rank of Detective First Grade has been eliminated. See Article 7 - Assignment Pay and Article 12 - Wages regarding the grandfathered rights of employees who previously achieved that rank. Page 60 of 78 T - P -City A BA T PRA Police Officers & Detectives and City of Boynton Beach - For a Term Ending September 30, 2019 Page 439 of 716 W Section 1., Bargaining Unit Members hired on or after October 1, 2015 will have a pension multiplier of three percent (3%). 39 by entering into a Mutual Consent Agreement The Mutual Consent Agreement is attached hereto as Addendum "B." I Section 3. The vesting period for Police O-Mcers; and Detectives hired on or after October 1, 2016 is ten (10) years. Section 4. The City and Union agree to reopen this Article at the request of City during year three of this contract. Page 61 of 78 ir- - a t-Y— TA - - PBA PBA Police Officers & Detectives and City of Boynton Beach — For a Term Ending September 30, 2019 Page 440 of 716 "Y MV ^'"I AM"t I'M 77TWI, The PTO and FTO programs will work in concert to prepare and evaluate newly hired officers. 1. Field Training Officer (FTO) DEFINED: Any sworn department member assigned to Uniform Services in Road Patrol capacity working on any Platoon in full calls for service from Communications as their daily routine are available to train newly employed personnel in the field. 2. Police Training Officer (PTO) DEFINED: A sworn member of the Administrative Services Division who has been selected, in accordance with Article 32, and who has completed the requisite training as defined by the department's Index Code on the PTO program. a. Officers who are in training will occasionally require training from members of other specialized units within the department, (e.g. Traffic, K-9, etc.) The officers from those specialized units who provide this training will receive seven percent (7%) incentive pay for hours worked in this training capacity. This training incentive pay will be retroactive to the hours of their assignment. 3. PTOs and FTOs will be responsible for training all newly assigned probationary employees. 4. In the event a PTO is reassigned from the PTO unit to any other duty assignment. theVA will no 1 nger be considered a PTO and will no longer receive their - assignment pay. S. Assignment as a PTO or FTO is not a promotion to any rank. 6. An officer's assignment as a PTO or FTO can be ended or suspended at the discretion of the Chief of Police. Page 62 of 78 TA - PBA TA2-City PRA Police Officers & Detectives and City of Boynton Beach - For a Term EndiV September 30, 2019 Page 441 of 716 all-ITN71111UTUI n. The City of Boynton Beach is committed to providing a safe work environment for its employees and our community. Drug and alcohol abuse is national problem that is prevalent in society and impairs the health and safety of employees, promotes crime and harms our local community. Moreover, the illegal possession, use, sale, and distribution of Substance abuse is a complex, yet treatable disease. The ultimate goal of this policy is to balance our respect for individual privacy with our need to keep a safe and productive dru::4 and alcohol free environment. We encourage those who use drugs or abuse alcohol to seel.-4 help in overcoming their problem. The City considers substance abuse to be an unsafe and counterproductive work practice. This policy applies to all PBA collective bargaining unit members at the City of Boynton Beach. I N41 a 1. "Chain of Custody" refers to the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to the final disposition for all such materials or substances and providing for accountability at each stage in handling, testing, and strong specimens and reporting test results "Confirmation TesV', "confirmed test" or "confirmed drug test" is a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen, which test procedure used to identify the presence of a specific drug or metabolite in a specimen, which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity, sensitivity, and quantitative accuracy. 3. "Drug" means alcohol, including distilled spirits, wine, malt beverages, and intoxicating liquors; amphetamines; cannabinoids; cocaine; phencyclidine (PCP); hallucinogens; Page 63 of 78 TA - PBA T4A- City PRA Police Officers & Detectives and City of Boynton Beach - For a Term Ending September 30, 2019 Page 442 of 716 •pbarbiturates; benzodiazepines; or a metabolite of any of the substances listed herein. Threshold detection levels are established by d. regulations. Therefore activities participated in while off duty may alcohol,result in positive drug tests. For DOT covered employees, alcohol includes any intoxicating agent in beverage Consumption pp . d ; common medications which may alter or affect a drug test are found in Section 1.5, Letter I of r r applicants prior "Drug-trug test. 4. biological, administered for the purpose of determining the presence or absence of a drug or its metabolites. 5. "Employee" means an individual who works for salary, wages, or other remuneration for the City and is covered by the workers compensation act. 6. "Employee Assistance Program" (EAP) is an established program for employee assessment, counseling, and referral to an alcohol and drug rehabilitation program. 7. "Employer" means an agency within state government that employs individuals for salary, wages, or other remuneration. 8. "Initial drug test" means a screening procedure of the blood and/or urine of employees and job applicants for the presence of alcohol and illegal drugs in accordance with the Florida Drug Free Workplace Program and appropriate Florida administrative rules. 9. "job Applicant" means a person who has applied for a position with the City and has been offered employment conditioned upon successfully passing a drug test 10. "Mandatory -testing position/Safety-sensitive position" means with respect to a public employer, a job assignment that requires the employee to carry a firearm, work closely with an employee who carries a firearm, perform life-threatening procedures, work with heavy or dangerous machinery, work as a safety inspector, work with children, work with detainees in the correctional system, work with confidential information or documents pertaining to criminal investigations, work with controlled substances, or a job assignment that requires an employee security background check, pursuant to F.S. 110.1127or a job assignment in which a momentary lapse in attention could result in injury or death to another person. 11. "Medical Review Officer (MRO)" means a licensed physician with knowledge of prescription drugs, pharmacology and toxicology of drugs, who may be responsible for receiving and reviewing all positive confirmed test results and who may be responsible for contacting all z, C<F- Page 64 of 7 TA - T - City PBA Police Officers & Detectives and City of Boynton Beach -For a Term Ending September 30, 2019 Page 443 of 716 0 IN W i7Z QT, H i 12. "Prescription or Nonprescription Medication" means a drug or medication obtained pursuant to a prescription as defined by F.S. 893.02 or a medication that is authorized pursuant to federal or state law for general distribution and use without a prescription in the treatment of human diseases, ailments, or injuries. 13. "Reasonable Suspicion Drug Testing" means drug testing based on a belief that an employee is using or has used drugs in violation of the employer's policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Reasonable suspicion drug testing may not be required except upon the recommendation of a supervisor who is at least one level of supervision higher than the immediate supervisor of the employee in question. Among other things, such facts and inferences may be based upon: I # 0 - . I a 111gig wig wall lite ^ Ur-AIJ , RFIA I IN I I I KW 4 0 b. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. c. A report of drug use, provided by a reliable and credible source, which has been independently corroborated. d. Evidence that an individual has tampered with a drug test during employment with the current employer. e. Information that an employee has caused, or contributed to, an accident while at work: If a bargaining unit member is involved in an accident in which the member was driving a City owned vehicle, and any one of the following occurs: an individual dies, an individual suffers a bodily injury and receives medical treatment away from the scene of an accident, one or more vehicles (whether operated by a City employee or not) incurs "disabling damage" as the result of the occurrence, or is transported away from the scene by a tow truck or other vehicle, and under any circumstances when the bargaining unit member is issued a traffic citation. ii. "Disabling damage" means damage that precludes departure of any vehicle from the scene of the occurrence in its usual manner. Disabling damages includes damage to vehicles that could have been operated but would have been further damaged if so operated. Disabling damage does not include Page 65 of 78 TA - PBA TA - City PBA Mice Officers& Detectives and City of Boynton Beach -For a Term Ending September 30, 2019 Page 444 of 716 damage that could be remedied temporarily at the scene of the occurrence without special tools or parts; a flat tire with no spare available, minor scrap es/scratches to the exterior of the vehicle; or damage to headlights, taillights, turn signals, horns or windshield wipers that make them inoperative. order to submit to post accident testing can be made by a Police Sergeant or higher rank. Any bargaining unit member ordered for a !l:I. drug test may, at the member's option, be accompanied to the testing by an available Union Representative. The Union Representative shall act as a quiet observer to the testing procedure and shall not interfere with the testing procedures or direct questions or comments to the testing personnel. The unavailability of a Union Representative shall not preclude the post- accident drug testing from taking place. iv. Refusal to submit to an order for post -accident drug testing, or intentionally delaying a post -accident drug test can result in termination; however, nothing herein shall abrogate a bargaining unit member's right to challenge the results of the drug test. f. Evidence that an employee has used, possessed, sold, solicited, or transferred drugL- while working or while on the employer's premises or while operating thE employer's vehicle, machinery, or equipment. 14. "Special -Risk Position" means a position that is required to be filled by a person who is certified under Chapter 633, Fire Prevention and Control or Chapter 943, Department of Law enforcement. I I IMM* on* F 16. "Stepping Forward" means that an employee comes forward and requests assistance for substance abuse prior to being selected for a random drug test, or prior to being ordered to submit to a reasonable suspicion drug test, fitness for duty evaluation, or prior to being involved in an accident or sustaining an injury, which requires drug testing. A. It is the policy of the City that an employee found with the presence of alcohol, illegal drugs, or prescription medication in levels exceeding prescribed dosage in his/her system, in possession of, using, selling, trading or offering for sale illegal drugs or alcohol during working hours, may be subject to disciplinary action up to and including termination. A refusal to submit to a drug test is grounds for immediate termination. Page 66 of 78 TA - PBA TATCS�_ PRA Police Officers & Detectives and City of Boynton Beach - For a Term Ending September 30, 2019 Page 445 of 716 r177TT1RWM - _--vilm-Illm required duties, will not be allowed io w�ork The supervisor should first attempt to seek another supervisor's opinion of the employee's status. Then the supervisor should consult privately with employee with the observation, to rule out any problem(s) that may have been caused by prescription drugs. If, in the opinion of both supervisors, the employee is considered impaired, the employee should be drug tested by an authorized provider and then provided safe transportation home. An impaired employee must not be allowed to drive and ii necessary can be transported home by a supervisor or another employee. It is the responsibility of the City's supervisors to counsel with an employee whenever they see changes in performance that suggest a potential employee problem. The supervisor may suggest that the employee voluntarily seek help from the employee assistance * ram or decide that the severiM of the observed ism's] m M41 fR rmal referral to the EAP should be made. 1.11IM110flitli I W:J 93.10 9 Iwliri _Lllu ii! 111,111 in'' .r, LJI J=1Jt.J%' " 1. Prescription drugs prescribed by the employee's physician, who is licensed to practice medicine in the United States, may be taken during working hours in strict accordance with the provisions of the Policy. Employees should never use intoxicants or drugs that could cause impairment during work hours. An employee who is using a prescription medication while on the job shall do so in strict accordance witY. wedical directio.-rs. 2. It is the employee's responsibility to notify the prescribing physician of his/her job requirements/functions to ensure that the physician approves the use of the prescription medication while the employee is performing his/her job duties. It is recommended that the employee provide his/her physician with a copy of the FDLE standards for law enforcement officers so the physician is aware of the physical requirements of the position. 3. It is the employee's responsibility to immediately notify the Director of Human Resources and Risk Management or designee when (s)he is prescribed any medication that is considered a controlled substance on Schedules II, III, or IV as defined and amended from time to time in Florida Statutes 893.03. Failure to disclose this information may result in disciplinary action up to and including termination of employment. The Director of Human Resources and Risk Management may require the employee to provide a note from his/her prescribing physician stating that the employee is able to perform the functions of a law enforcement officer while taking the medication as prescribed. 4�e Page 67 of 78 Q4) TA Y - PBA TA City PRA Police Officers& Detectives and City of Boynton Beach -For a Term Ending September 30, 2019 Page 446 of 716 4. The employee shall notify the Director of Human Resources and Risk Management or designee if the use of his/her properly prescribed medications/drugs (other than those considered a controlled substance on Schedules 11, 111, or IV as defined and amended from time to time in Florida Statutes 893.03) will affect the employee's work performance. If the prescribing physician determines that the employee cannot perform his/her job duties without impairment while taking the prescribed medication, then the employee will be required to use his/her sick and/or FMLA leave, or unpaid leave if his/her leave pools are exhausted, until (s)he can return to worIc If the employee reports to work the City will presume that the employee is not impaired. individuals who use drugs. 1. To determine the suitability of employees to work for the City the following pre- employment conditions are established: a) job Applicants in mandatory -testing positions, safety -sensitive positions, and/or special -risk positions will be tested prior to employment for drug use and alcohol use. b) Any job applicant, as defined in the above -section, who refuses to submit to drug and alcohol testing as part of M: testing process will be refused employment, c) Any job applicant who tests positive for drugs or alcohol use will be refused employment. d) Confidentiality will be maintained pursuant to this policy. It shall be a condition of continued employment for all employees to submit to drug and alcohol screening under the policy. If there is a conflict between this policy and the collective bargaining agreement, the collective bargaining agreement shall control. Refusal to submit to drug testing is grounds for immediate termination. Refusal to submit to drug testing is not a waiver of the employee's right to challenge both the order and the test outcome. z4E11) Page 68 of 78 - on TA - PBA TAS City '- PBA Police Officers& Detectives and City qfBoynton Beach - For a Term Ending September 30, 2019 Page 447 of 716 row The City offers an Employee Assistance Program (EAP) which provides help to employees and their families who suffer from various difficulties including alcohol or drug abuse. In addition to the Citys EAP Program, below is a list of local assistance programs and local drug and alcohol rehabilitation programs: a) Narcotics Anonymous Help Line: 561-848-6262 b) Drug Abuse Foundation of Palm Beach County: 561-278-0000 c) Palm Beach Al-Anon/Al-a-Teen Information - 561-882-0308 d) Alcoholics Anonymous (Palm Beach County): 561-655-5700 e) Comprehensive Alcoholism Rehabilitation Program: 561-844-6400 to perform;nce problems. M 1. Use of the employee assistance program, on a voluntary basis, will not affect the determination of appropriate disciplinary action. 2. An employee's decision to seek assistance from the Employee Assistance Program on a voluntary basis prior to any incident warranting disciplinary action will not be used as the basis for disciplinary action or in any disciplinary proceeding. On the other hand, using EAP will not be a defense to the imposition of disciplinary action where facts providing violation of this policy are obtained outside of the EAP. Accordingly, the purpose and practices of this policy and the EAP are not in conflict but are distinctly separate in their applications. 3. Through the EAP, the City will provide appropriate assessment, referral t, -T treatment, and treatment of drug and alcohol abuse. 4. Upon successful completion of a drug and/or alcohol treatment program an employee may be released to resume work but will be subject to drug testing on a random, periodic basis, at least quarterly, and for up to two years thereafter as a condition of continued employment. These stipulations may be incorporated in a Last Chance Agreement. S. An individual's participation in the program will not be made part of any personnel records and will remain confidential to the extent necessary to comply with this policy. Medical and insurance records, if any, will be preserved in the same confidential manner as all other medical records and be retained in Page 69 of 78 TAS city PRA Police Officers & Detectives and City of Boynton Beach - For a Term Ending September 30, 2014 Page 448 of 716 1 WzM ! ''1 • f • f 1 f; i 11 ' � f ! f 1 � ! ! ! ! • f ! [ f ! ! 1 ! ! r-. Supervisors are responsible for maintaining a safe work environment by monitoring employees' behaviors and performance. 2. In the event a supervisor .! 1le suspicion that an em1 f'. fi; under the influence of drugs or alcohol, the employee must be sent for reasonable suspicion drug testing. A form for documenting cause for '? reasonable suspicion drug test is attached. 3. In all cases when an employee / be removed from duty fordrug testing, the Department Head and Human Resources. Risk Management should be immediately! /) 1. It is each employee's responsibility to be fit for duty when reporting for work and to inform his/her supervisor if (s) he is under prescription or non- prescription medication which may affect job performance. 2. In the event an employee observes behavior in another employee, which raises a doubt as to that employee's ability to perform work in a safe, reliable and trustworthy manner, the employee should report this behavior to his/her supervisor. 3. Employees, who enter drug or alcohol treatment and/or rehabilitation program voluntarily at the request or insistence of the City or, as a condition of continued employment are required to fully participate in and complete the recommended treatment. Any employee who enters a drug or alcohol treatment and/or rehabilitation program will be responsible for payment of the treatment and/or program. If the employee fails to comply with the treatment and/or program, the employee will be subject to discipline, up to and including termination. F. Medical Rp, r'.5..(MR® _Respons ....................................... The MRO will review all information from the testing laboratory in the event of a Page 70 of 78 (10 4 A A -PBA TA City PBA Police Officers & Detectives and City of Boynton Beach - For a Term Ending September 30, 2019 Page 449 of 716 OWNW, ^ M, 041111611 Lur-Al MIS M t0i 0 1 Wig MI&WIN JM- I I IM _10 MMI 00 2. The MRO may request that the testing laboratory provide quantification of test results. 3. The MRO will provide confirmed test results to the Human Resources representative from the City. In order to maintain a drug and alcohol free work environment, the City will test for tM17 presence of alcohol and drugs in the following circumstances: I IL. Pre-employmenk Job applicants who have been offered a position of employment and whose job requirements are that of a mandatory -testing, safety -sensitive, or special -risk position are required to take a drug and alcohol test. 2. Reasonable suspicion; Employees who are determined to be under reasonable suspicion of drug or alcohol use (as defined herein), are required to take a drug and alcohol test. 3. Post -incident. Employees are required to take a drug and alcohol test when the employee is involved in a job-related incident, which results in any of the following: (a) discernable property damage, (b) disabling vehicle damage [see employee receiving medical attention as a result of a work- related injury or accident, or (d) the employee receiving a citation.(i- MI. 4. Random Testing.- Employees are subject to random drug testing. On a monthly basis, a designated Police Officer uses m-v%nrwmwy.randdom.orZ to generate a list of tbree (3) PBA members who will be randomly tested for that month. A Union Representative signs off on this list. In addition, members assigned to Vice are tested once every six (6) months. 5. Fitness for duty. All employees who are subject to routine annual medical examinations are required to take a drug and alcohol test as part of their medical examination. 6. Follow-up.- All employees who have been referred to an employee assistance program or rehabilitation program by the City for drug and/or alcohol abuse are required to take drug and alcohol tests on a quarterly basis for up to two (2) ztk Page 71 of 78 TA - PBA City PRA Police Officers & Detectives and City of Boynton Beach - For a Term Ending September 30, 2019 Page 450 of 716 Vears after their return to work These stipulations may be codifiedLaV Chance Agreement I employee who refuses to submit to a drug and alcohol test will be subject to immediate termination. An employee who refuses to submit to a drug test forfeits his/her eligibility for all workers' compensation medical and indemnity benefits. 2. A job applicant, as defined in section 1.3. #9, who refuses to submit to a drug r d aka� ol test wiWr ot bed. The City may administer disciplinary action, up to and including termination, for any employee who has a positive, confirmed drug or alcohol test. C. Confidentiality Confidentiality of records concerning drug and alcohol testing will be maintained to the extent necessary to comply with this policy. All information, reports, memos and drug test reports, written or otherwise, received by the City through the drug testing program will be kept confidential as provided by law. The City's Employee Assistance Program, laboratories, drug and alcohol rehabilitation programs who receive or have access to information concerning drug test results shall keep all information confidential. No such information will be released unless there is a voluntary written consent, signed by an employee or job applicant, except where such release is compelled by a court pursuant to an appeal taken under this section, or where deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding. The City will maintain records concerning drug testing separate and apart from an employee's or job applicant's file. TOTIME M-MMEM CM, 1 plaw-l" "I glottis we Pug mr-IM(I)i it Mosel;] mkw-1 1141r. 11 K.;Iw I mul I I- a E. Notice of Common Medications A list of most common medications, by brand name or common name, as applicable, as ba Page 72 of 78 TA - PBA TA City PRA Police Officers & Detectives and City of Boynton Beach — For a Term Ending September 30, 2019 Page 451 of 716 well as by chemical name, which may alter or affect a drug test, is listed below in section H. Employees and job applicants should review this list prior to submitting to a drug test. N1"41J$11#4 'Is oil number of the City's current provider or contact the Human Resources and Risk Management Department. H. Drugs to be Tested In accordance with F.S. 893-03 as amended from time to time, the following is an illustrative and non -exhaustive list of drugs that will be tested: L Alcohol, including distilled spirits, wine, malt beverages and intoxicating liquors, resulting in a 0.04 or higher. A positive Breath Alcohol Test will be confirmed by a Blood Alcohol Test. 6. Amphetamines C. Cannabinoids 4. Cocaine 5. Phencyclidine (PCP) 6. Hallucinogens 7. Opiates 8. Methaqualone 9. Barbiturates 10. Benzodiazepines 11. Synthetic Narcotics 12. Designer Drugs 13. A metabolite on any substance listed herein 14. Anabolic/Androgenic Steroids. A list of drugs by brand names or common names includes: Opium Dover's Powder, Paregoric, Parepectolin Morphine Morphine, Pectoral Syrup Codeine Tylenol with Codeine, Empirin with Codeine, Robitussan A -C, Hydrocodone, Coke Crack Heroin Diacetylmorphine, horse, smack Page 73 of 78 TA - PBA TAS City PRA Police Officers& Detectives and City of Boynton Beach -For a Term Ending September 30, 2019 Page 452 of 716 Hydromorphone Meperidine Methadone Other Narcotics Chloral Hydrate Barbiturates Methaqualone Glutethimide Dolophine,Dernerol, Mepergan /•Methadose Numorphan, Percodan, ► Darvon,Lomotil,•Vicodin, Percocet Noctec, Sommos Phenobarbital, Nembutal, Lotusate Azene, Clonopin,Diazepam, Librium, Halcion, Paxipam,Restoril Quaalude Methyl Ice Doriden Equanil,/Noludar, Placidyl, Valmid Labor-ManagementI to Will Committee. Many prescription drugs can alter or affect drug tests. Due to the large number of obscure brand names and the constant marketing of new products, this list is illustrative and not exhaustive. Alcohol: All liquid medications containing ethyl alcohol (ethanol). Read the Iabel for alcohol content. Amphetamines: Pbetrol, Biphetamine, Desoxyn, Dexedrine, Didrex, Lonamine, Fastin. Cannabinoids: Marinol (DronabinoI, THC). Cocaine: Cocaine, HCI topical solution (Roxanne) Phencyclidine: Not legal by prescription Methaqualone: Not legal by prescription Opiates: Paregoric, Parepectolin, Donnagel PG, Norphine, Tylenol with Codeine, Emperine with Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine Expectorant, Diluadid (Hydromorphone), MS Contin and Roxano (morphine sulfate), Percodan, Vicodin, Tussiorganidine, etc. Barbiturates: Phenobarbitol, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorianl, Fioricet, Esgic, Butisol, Mebarel, Butabarbital, Butalbital, Phrenilin, Triad, etc. Benzodiazepine: Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tanzene, Valium, Verstran, Halcion, Paxipam, Restoril, Centrax, etc. Methadone: DoIophone, Metadose, etc. Propoxyphene: Darvocet, Darvon N, Dolene, etc. Page 74 of 78 TA - City PBA Police officers & Detectives and City of Boynton Beach - For a Term Ending September 30, 2019 Page 453 of 716 N:! 1,`1 STEROID TESTIN Federal law placed anabolic steroids in Schedule III of the Controlled Substances Act (CSA) as of February 27, 1991. An employee or job applicant who is contacted by the MRO may confidentially report the use of prescription medication(s) because the presence of these medications in the body may have affected the out 1. Challenge of Test Results L An employee or a job applicant who receives a positive confirmed test result may, within five (5) working days, submit information to the Director of Human Resources 8z Risk Management, with copies to the Union and Police Chief, explaining or contesting the test result and explaining why the test result does not constitute a violation of the Citys policy. rill FaNtI341141 11601TI 1 rx-dr-TS-STin I - log-ko 3. An employee may further challenge the results of the test in a court of competent jurisdiction or, if the drug was administered due to a workplace injury, by filing a claim for benefits with a judge of compensation claims, pursuant to Chapter 440, Florida Statutes. 4. If an employee or if applicant contests the drug test results he/she must notify the Medical Review Officer (MRO): Donald Bucklin, MD 28035 Ave Stanfold West Valencia, CA 91355 Phone: 1-800-340-3810 PRA Police Officers & Detectives and City of Baynton Beach - For a Term Ending September 30, 2019 .............. ® 'City Page 454 of 716 015MEN: IM M 11,11,11 L101 U,1111111� z This Mutual Consent Agreement is entered into between the CITY OF BOYNTON BEACH, a Florida municipal corporation, whose address is 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435 (the "CITY") and the PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION (-PBA") POLICE OFFICERS AND DETECTIVES, POLIC]o SERGEANTS, AND POLICE LIEUTENANTS. WHEREAS, the 2015 Florida Legislature enacted legislation (Chapter No. 2015-39, Laws of Florida), hereinafter "Legislation" regarding the use of insurance premium twi revenue ("IPTR!'); and WHEREAS, the City has a retirement pension plan and fund for police officers known as the Boynton Beach Police Officers' Pension Fund ("Fund") that exceeds the minimum benefits and minimum standards established by the State of Florida for public employee firefighter pension plans as set forth in chapter 185, Florida Statutes; and WHEREAS, the Legislation provides that use of IPTR, including any accumulations of additional premium tax revenues which have not been allocated to fund benefits in excess of the minimum benefits, may deviate from the provisions of the Legislation by mutual consent of the members' collective bargaining representative (PBA). 1. The foregoing Whereas clauses are true and correct. 2. The total of sixty thousand dollars ($60,000) of IPTR whether base premium tax revenue or additional premium tax revenue, received by the City will be used to reduce the City's unfunded liability to the Boynton Beach Police Officers' Pension Fund. These funds will be provided to the City in $30,000 increments by November 2017 and November 2018. 3. This Consent Agreement takes effect when signed by PBA and City. Signature Page follows Page 76 of 78 TA - PBA TA 0 City PBA ity PRA Police Officers& Detectives and City of Boynton Beach -For a Term Ending September 30, 2019 Page 455 of 716 4�x Lori LaVerriere, C ty, Manager E97M W1i:, BEACH POLICE ORS AND DETECTIVESPOLICE SERGANTSANEUTENANTS SEE= m Page 456 of 716 Agreed to this _ day of F by and between the respective Parties through the authorized representatives of the PBA and the City. Witness Witness IM92000-w=1 F.110 I IIIK M 111H IOR XVIVZRRM� ----------------------- Date F93 V3 V,' By: I General Counsel IUT RVVm - — -------------------------- Date Page 78 of 78 C TA - PBA T - City PBA Police Officers & Detectives and City of Boynton Beach - Fora Term Ending September 30, 2019 Page 457 of 716 FAM "I�A3 101 ■ ' : ``' f Wim ',. * 9 DI 3 l ',,. 10)Atoo *1� ► � ITU "T.116 0 Page 458 of 716 I Preamble 4 2 Recognition and Notice 5 3 Non -Discrimination 7 4 Dues Deduction 8 5 Union Business 9 6 Bulletin Board 11 7S Temporary Assignment 12 8S Vacancies and Probation 13 9 Management Rights 14 10 Advisory Committee is 11 Hours of Work and Overtime 16 12S Wages 19 13S Seniority 21 14S Additional Monetary Benefits 22 15 Uniforms 25 16 Physician Services and Immunizations 27 17 Group Insurance 30 18 Leaves 32 19 Holidays 37 20 Funeral Expenses 39 21 Equipment Maintenance & Safety 40 22 Training 41 23S Reproduction 43 24 Personnel Records 44 25 Legal Action 45 26 Discipline 46 26B Appeals of Disciplinary Action 48 27 Grievance and Arbitration Procedure 50 28 Reserved 54 29 Reserved 54 30 Personal Vehicles 55 31 Drug Testing 56 Page 2 of 88 TA -PBA --iA 3- Y& -City PBA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 459 of 716 32 Posting 57 33 Complete Agreement and Waiver Clause so 34 Severability 60 35 Duration 61 36 Take Home Vehicles 62 37 Off -Duty Details (Secondary Employment) 63 38S No Strike or Lock Out 66 39 Pension 68 40S Workers'Comp and Duty Disability 69 41S Qualifications for a Bargaining Unit Position 70 Addendum "A": Drug -Free Workplace Policy 71 Addendum "B": Mutual Consent Agreement 86 Signature Page 88 Page 3 of 88 TA - PBA TA City PBA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 460 of 716 P3;RjM(M This Agreement is entered into by the City of Boynton Beach, Florida, hereinafter referred to as the "City" and Palm Beach County Police Benevolent Association, Inc., located in West Palm Beach, Florida, hereinafter referred to as the "PBA", for the purpose of setting forth the Parties' Agreements regarding rights, wages, hours, terms, and conditions of employment, and benefits. Z. -MOM PRA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 461 of 716 The City recognizes the Palm Beach County Police Benevolent Association ("PBA") as th*- exclusive representative for the purpose of collective bargaining with respect to wages, hours and terms and conditions of em%lniNment for the barSaining unit consisting of all full time sworn police officers within the following job classification: Police Sergeant or as modified by PERC. The term "member" or "employee" will mean any member in the bargaining unit. C; the exclusive City representative (s) for the purpose of collective bargaining with respect to the wages, hours and terms and conditions of employment of PBA bargaining unit employees. All notices concerning the wages, benefits, and conditions of employment of bargaining employees to the PBA will be addressed to the attention of PBA President with a copy to the PBA General Counsel and mailed or delivered to 2100 N. Florida Mango Road, West Palm Beach, FL 33409. lfth_;wge�r the PBA will advise the City in writing. of the nam.m. and addresses of other PBA representatives, if any, who are authorized to accept notices from the City. Notice by the City to anyone other than those persons designated by the PBA does not satisfy legal notice and is not binding on the PBA. Page 5 of 88 TA - PBA TA -City PBA Police Sergeants and City of Boynton Beach -For a Term Ending September 30, 2019 Page 462 of 716 All notices to the City will be addressed to the City Manager with a copy to the City HR Director and mailed to 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435. If changes occur, the City will advise the PBA in writing of the names and addresses of other City representatives, if any, who are authorized to accept notices from the PBA. Notice by the PBA to anyone other than those persons designated by the City Manager does not satisfy legal notice and is not binding on the City. PRA Police Sergeants and City of Boynton Reach -For a Term Ending September 30, 2019 Page 463 of 716 W7,MRM' AHIM iffl, A The City will not interfere with the rights of officers to become members of the PBA, and there shall be no discrimination, interference, restraint or coercion by the City, or any City offlcial capacity on behalf of the PBA. The PBA shall not discriminate against any bargaining unit member who fails to join the PBA, as provided by law. The City and the PBA oppose discriminatory behavior of any nature. The City and the PBA shall work jointly to eradicate discriminatory conduct in the work place. To that end, the City and the PBA agree that both Parties have an affirmative duty to act against discriminatory behavior when it occurs in their presence or comes to their attention. Discriminatory conduct by an employee can result in disciplinary action up to and including termination. Discriminatory conduct means any communication, verbal or non- verbal, which is unwelcome, objectionable, or not acceptable, desired, or solicited and relates to race, sex, color, religion, national origin, handicap, familial status, sexual orientation, age, or marital status. VIONOOMM Page 7 of 88 ty PRA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 464 of 716 Itpon receipt of a notice from the PBA and approved by the City which has been voluntarily executed by a City employee who is a member of the bargaining unit, the City will deduct from the pay due the employee, those dues and uniform assessments required to retain PBA membership as certified by the PBA. The total amount of deductions shall be remitted each month by the City to the Treasurer of the PBA. This authorization shall remain in full force and effect during the term of this Agreement or for thirty (30) days after notification of the revocation of the authorization to deduct by the employee. Page 8 of 88 TA - PBA TA - City PBA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 465 of 716 W, 17#71,0 C. Accompanying a fellow employee when: ME= M W.1119M MMMUFMITUMI M -M 1. The employee is required to appear at a hearing related to a IMNAI= 3. The employee is subject to questioning and believes (s)he may be 19 "WATT-MMITNITOMM �M. -7ma "Oliqu The CITY may deny a request for time off if it interferes with productivity or staffing needs. However, the exercise of such right on the CITY'S part shall not allow the CITY to r• ..# in a manner which derriky�v-h-AraTgwr • r� his or her right of representation. 1 0 .r 0 �- Ili PRA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 C>�) TA LCity— Page 466 of 716 j,vertime directly related to the absence, the City will not approve the 90M Section 2. No employee may engage in PBA business or use City equipment or property while on duty except as referenced in Section 1. 10".1141-11- Page 10 of 88 TA - PBA TA Ci PRA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 467 of 716 M] The City will provide bulletin board space; one in the Line Up Room and one in the Investigative Services Section for the exclusive use of the PBA, for posting bulletins, notices and other union material. The Union will supply locking style bulletin boards. A notice or item placed on the bulletin board shall bear, on its face, the legible designation of the PBA responsible for placing of this notice or item on the bulletin board. The Union will hold harmless and indemnify the City for all claims or actions arising from materials placed on rhe 1ulleti-1-Il1-1-ra-T-1-TI.- 414F Page 11 of 88 TA - PBA TA - City PBA Police Sergeants and City of Boynton Beach - For a Term EndiV September 30, 2019 Page 468 of 716 1111"N"111114311 MOU Section 1. Sergeants acting in the capacity of Watch Commander shall be paid seven percent (7%) above the sergeant's regular rate of pay. SectiDn 2. The provisions of this Article shall not apply to persons performing other than regular road patrol duties, including details. 07 1- : i PBA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 469 of 716 =0 M.. ! III . . . . , - . 111 MVER Omni .7-NOSTroll "M goo ujajjgr� �m ffTT.T , 6=0 4 lx� Page 13 of 88 TA - PBA TA -City PBA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 470 of 716 Section 1. It is the right of the City to determine unilaterally the purpose of its Police Department, set standards of services to be offered to the public, and exercise control and K4n *-kiuw'W *r2i24M-4*P 4n riJ.--1u- *f ix - employees, take disciplinary action for proper cause, and relieve its employees from duty because of lack of work or for other legitimate reasons. However, the exercise of such rights shall not preclude employees or their representatives from raising grievances, should decisions on the above matters have the practical consequence of violating the terms and conditions of any collective bargaining agreement in force. If the City fails to exercise any one or more of the above functions from time to time, it shall not be deemed a waiver of the City's right to exercise any or all of such functions. Any right or privilege of the City not specifically relinquished by the City in this Agreement or limited by law shall remain with the City. akl Page 14 of 88 TA - PBA TA Aty PBA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 471 of 716 Section 1. By mutual agreement between the City and the PBA, they may establish a joint committee. The PBA membership shall consist of persons designated by the PBA from within the position classifications covered by this Agreement, and members designated by the Chief of Police shall consist of persons within the Department, but outside the bargaining unit. Section 2. This committee may meet as needed by mutual consent, and meetings may be held between the hours of 8:00 A.M. and S:00 P.M., Monday, throu Friday, or at anvl&-.v-r mutually agreeable time. If a meeting is held during working hours of an employ•- •,, •. e partiipantsaid participant may be excused without loss of pay for that purpose. Attendance for a meeting outside of regular working hours shall not be deemed as time SkcLiQn 3. Attendance by other than members of the PBA and City Administrative �§' IM PRA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 472 of 716 Section 1. The work cycle for bargaining unit members assigned to 11.5 hour shifts is a. 28 day work cycle. The work cycle per bargaining members assigned to 8 and 10 hour shifts is a 7 day work cycle. For the purpose of calculating overtime, bargaining unit members assigned to the 11.5 hour shift will be paid overtime for all hours worked in excess of 171 hours in a 28 day work cycle. For the purpose of calculating overtime, bargaining unit members assigned to the 8 or 10 hour shifts will be paid overtime for all hours worked in excess of 40 hours in a 7 day • cycle. NoTag"111491 M -I Overtime pay, when so granted, will normally be contained in the member's next regular / 1NMMMTIIMMMM= Employees who are in a duty status seven (7) minutes either prior to or after their shift will not be eligible for overtime pay. Employees who are in a duty status more than seven (7) minutes either prior to or after their shift must be so only with the Supervisor's approval in order to be eligible for overtime pay. The City may round start and end time of work and round to the quarter hour consistent with 29 CAR. § 785.48. Page 16 of 88 TA - PBA TA city PRA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 473 of 716 Example: 6:53 - 7.07 = 7:00 7.08 - 7:22 = 7:15 7:2 3 -7:37-7: Q 7.38 - 7:52 -- 7.45 aLCli o _n2. Pursuant to Article 9, Section 1D, it is a Management Right to establish and -ch—ange the startingand �s uitting times an11_,K9r4FVr1!•" 4WsIs�TsTW9W. 14 *TJTW MssT-JMMM= Individual work schedules may be flexed (hour for hour) by personnel assigned to specialty units, upon mutual agreement between employee and supervisor. The City may flex a specialty unit member's schedule for the purpose of avoiding the payment of overtime, no mR'e than eight times per fiscal year. Flexing of time must occur only within a single work week. Uniform Services (group) shift schedules shall not be changed without the City providing thirty (30) days advanced notice to the Union of the change. Section 3. No member of the Bargaining Unit shall be required or allowed to work more than sixteen (16) continuous hours except during a declared emergency or during an ongoing immediate investigation or when overtime is required to complete an on -duty assignment, i.e. late arrest. Members of the Bargaining Unit acknowledge that they have an obligation to come to work physically and mentally prepared to efficiently and effectively carry out their responsibilities. For the purpose of this section, work means regular ?ssigned duties and detail assignments, not to include court, depositions, filings, and similar judicial responsibilities. Section 4. An employee may engage in outside employment, (including off-duty detail or self-employment) with the approval of the City Manager and with the understanding that the employee's primary duty, obligation and responsibility is to the City. Outside PBA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 474 of 716 11111111 ill employment would result in a conflict of interest, interfere with the employee's City work schedule, or otherwise be a conflict with the employee's employment with the City. To apz�� (a) File an "Outside Employment Request Form & Affidavit" with the Hum Resources Department. The employee must notify the Human Resourc Department of changes in conditions of any outside employment. (b) Make arrangements with the outside employer to be relieved from duty called for work by the City. (c) An employee must report all injuries sustained during any outsid! scheduled work day at the City. An employee's failure to report an injury sustained during outside employment shall be grounds for corrective action. ff,lmig Page 18 of 88 TACity PRA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 475 of 716 I= � to �M�f i 0 8 Year 0 $ 78,750.00 1 $ 80,325.00 2 $ 81,931.50 3 $ 83,570.13 4 $ 85,241-53 5 $ 87,372.57 6 $ 89,120.02 7 $ 90,902.42 8 $ 92,720.47 9 $ 94,574.88 10 $ 96,939.25 a�f Page 19 of 88 TA - PBA PRA Police Sergeants and City of Boynton Beach -For a Term Ending September 30, 2019 Page 476 of 716 III On the anniversary date as a Sworn Police Sergeant with the department occurring on or after October 1, 2016, an employee will advance to the step in the pay plan thal corresponds to his/her years of service as a Sworn Police Sergeant. Exception: Employee ID# 2434 will be grandfathered into his pay rate and will not have his pay rate reduced although it is above the step plan rate. 1 11Tili I I 1 III 11111101im 6 111 IT6 On the anniversary date as a Sworn Police Sergeant with the department occurring on or after October 1, 2017, an employee will advance to the step in the pay plan that corresponds to his/her years of service as a Sworn Police Sergeant. Exception: Employee ID# 2434 will be grandfathered into his pay rate and will not have his pay rate reduced although it is above the step plan rate. Sergeants who are at the maximum of the step plan will receive a lump sum payment of $1,7SO.00, which will be paid in the second paycheck of the month following the -mployee's anniversary date as a Sworn Police Sergeant with the department. I . I On the anniversary date as a Sworn Police Sergeant with the department occurring on or 2fter October 1, 2018, an employee will advance to the step in the pay plan thal corresponds to his/her years of service as a Sworn Police Sergeant. Exception: Employee ID# 2434 will be grandfathered into his pay rate and will not have his pay rate reduced although it is above the step plan rate. Sergeants who are at the maximum of the step plan will receive�-a lump sum payment of $1,750.00, which will be paid in the second paycheck of the month following the employee's anniversary date as a Sworn Police Sergeant with the department. Page 20 of 88 TA - PBA TA City PRA Police Sergeants and City of Boynton Beach - For a Tenn Ending September 30, 2019 Page 477 of 716 W101 111,11 V16 too EMMI��[ (2) sergeants have the same date of promotion, the date of initial appointment to as a overtime assignments. Section 5. For layoffs and other non -disciplinary reductions in personnel, Police Sergeants will displace lower ranking officers in the event that the department is required to layoff personnel. For example: if a police sergeant's position is to be abolished, the incumbent with the least seniority in the position of sergeant would displace a Police Officer, who would dis-,rlace a or trovisional or tem-_FmraM_or be se-tarated as the case may require. U�& Page 21 of 88 TA - PBA _TA Q City PBA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 478 of 716 RBIKII'' 4 dll 11111 111 il I OR !111 11111111111 1311fill I I A. Shift vacancies or vacancies created by special events or other exigent situations will be filled by sergeants from the off -going shift or those currently on duty. This establishes that shift supervisors that end time is 0500 are eligible for the dayshift vacancy starting at 0430. The (30) minute overlap does not preclude off -going shift supervisors from eligibility, as long as the overlap is while the eligible supervisor is working and not after the supervisor has completed his shift and went out of service prior to the shift vacancy. B. In the event that vacancies cannot be filled by on duty, off going sergeants, those sergeants who are not on duty will be offered the vacancy through a "seniority wheel" process. Sergeants will be called in order of seniority until the vacancies are filled. On the next occasion where a vacancy is to be filled by other than an on duty, off going sergeant, the starting point on the seniority list will be the name of the sergeant immediately after that sergeant who elected to fill the last vacancy utilizing the "wheel" procedure. C. No employee shall work more than 16 hours in any 24 hour period absent a designated emergency. Page 22 of 88 TA - P T City PBA Police Sergeants and City of Boynton Beach - For a Tenn Ending September 30, 2019 Page 479 of 716 Section 2. On duty, off going sergeants who elect to fill a vacancy on the upcoming shift will be paid at time and one-half of the regular rate of pay for each hour actually worked past their normally assigned shift. Section 3 Sergeants who elect to fill a vacancy on the upcoming shift and who were not on duty immediately preceding the vacancy to be worked, will be paid at time and one-half their regular rate of pay for each hour actually worked with a minimum payment of three hours A t R=. aqw1i Section 1. Employees directed to be on operational stand-by status or on call must be able to respond to a specified location on duty within one (1) hour and shall be compensated for one hour at time and one-half (1 1/2) the employee's regular rate of pay for each day (24 hour period) on call. Section 2. In the event the bargaining unit member on call responds for duty, the bargaining unit member shall receive, additionally, Call -Back pay as provided in this Article. Section 3. Any member, regardless of their assignment, and are placed "ON CALL" status, must have the approval of the Chief of Police or his/her designee. CourtAppearances Section 1. When required to respond to court, deposition, subpoena, or any other judicial or administrative proceeding arising out of a member's duty as a police officer, and not involving the officer as a plaintiff or whose interest is affected by the plaintiff, the employee shall be paid a minimum of three (3) hours per day at time and one-half (1.5)the Page 23 of 88 DO TA - PBA T - City PRA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 480 of 716 employee's regular rate of pay, unless such court appearance occurs during the employee's regular working hours. Se-ction 2. If court appearance is contiguous with the end of the employee's shift, court time shall be compensated as any other over time assignment. Section 3. When a member has been ordered to remain on standby for court appearance purposes during the member's off-duty hours, he/she shall be compensated at 2 minimum of one hour at time and one -hal - el .5Tthe member's regular rate of !caw, for the I Irst hour and one-half (1.5) the member's regular rate of pay for all remaining hours. Administrative Seraeant Pay One Sergeant per uniform services platoon per day will serve in the capacity of Administrative Sergeant and shall be entitled to receive 30 minutes of overtime pay for performance of tasks generic to their position such as organization, shift preparation and review of subordinates work, provided they arrive to work 30 minutes prior to their scheduled shift. Cgmnens Members of the Bargaining Unit shall have the option of accumulating a maximum of one hundred (100) hours, per fiscal year, of compensatory time at time and one half. A bargaining unit member who is promoted to a position outside the bargaining unit, or who retires, or who is terminated, will be paid the balance of all unused compensatory time. Compensatory time earned and accumulated shall be paid off totally in September of the fiscal year if not utilized by the end of the month of August. 071• :�' PEA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 TASCity Page 481 of 716 Section 1. The City will provide up to three (3) full uniforms per year and shoes every six (6) months on an as -need basis. Purchase of shoes shall be limited to $150.00 per pair. The City will supply replacements for the parts of the uniform when replacement is appropriate, as determined by the Chief, and if adequate funds are available in the City Budget. The Detectives and other members of the bargaining unit assigned to plain clothes duty will receive, in lieu of uniforms, for clothing used at work, up to a total of $1,600.00 a fiscal year, limited to $400.00 installments at the end of each quarter and pro -rated as appropriate. For bargaining unit members assigned to plain clothes duty, who receive clothing, i.e. polo shirts, to wear in the performance of their duties, will have the cost of such clothing deducted from the $400.00 in the quarter following the date such clothing was oniered. Section 2. Reimbursement, replacement or repair of personal clothing and equipment will be according to current department policies and procedures. The replacement will require the approval of the Chief of Police. The Detective or Uniformed Officer claiming a replacement will be required to include, with his/her claim, an explanation of the circumstances of the damage and appropriate reports concerning the incident where damage to his uniform took place. This allowance shall commence from the date of assignment on a pro -rated basis. Uniformed Officers assigned to plain clothes duty for more than three (3) months at a time will receive clothing allowance in accord with the above for the three (3) months and pro -rated thereafter. Page 25 of 88 TA - PBA T'k -City PBA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 482 of 716 Section 3. The City will bear the cost of cleaning ten (10) issued uniform pieces per week for the contract year. The City shall notify those employees that are eligible, to take their uniforms only to the approved dry cleaning establishment in Boynton Beach selected by the City. Detectives and other members assigned to plain clothes will be given a cash cleaning supplement equivalent to the cleaning benefit provided to uniform officers. This will be paid at the end of each quarter of the contract year. This allowance shall commence from the date of assignment on a pro -rated basis. Section 4. Body Cameras: An Advisory Committee met to discuss the use of body cameras. The City and Union agree to re -open this section of the contract at the request of of body cameras. 4a— Page 26 of 88 QP TA - PBA 6R _City PBA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 483 of 716 IVUMIW for each bargaining unit member of the Police Department. Appointments for those examinations will be made by the Police 1111111111 11111; iiiipl�11�!! [fir on -duty time. B. It is the responsibility of the employee to ensure that the physical exam, as noted in Section 'Aand all necessary follow-up testing be completed in a timely manner, as scheduled. Failure to do I MpflTrVance as the full exam process is completed. Employees will be given . . es tn tests while on duty. C. Pursuant to the Florida Worker's Compensation Act, F.S. 440, as amended from time to time, and the Law Enforcement Heart and -icionRA F.C. 112-1 amended from time to time exyenses related to diagnostic testing for an employee's 'fitness'for return to dutyand expenses related to a duty -connected injury or illness will be the responsibility of the City. Page 27 of 88 TA - PBA TA?Ci PBA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 484 of 716 MOMMI IF= i i ro ra 4 17 T -O for protection from cuts or exposure to disease suffered in the line of duty. A. The City shall bear the cost of lead testing for the Range B. The City will provide for AIDS and Hepatitis screening in instances where a member is exposed to situations or persons presenting a biological contamination threat =vs M F. ro W ro M 11 q lo FA. gTort I M iTIM M W protection from the following: B. Hepatitis - Type B: Members who refuse to be immunized for Hepatitis Type B and who later contract that disease shall not be presumed to have contracted the disease while on duty. C. Hepatitis - Type A: Offered to all members of the bargaining unit covered by this agreement. Members who refuse to be immunized for Hepatitis Type A and who later contract that disease shall not be presumed to have contracted the disease while on duty. D. The City shall offer flu shots for all members as a means of protection from contracting the flu while working during flu season. Section 4. It shall be mandatory for the City to notify the employee when documentation exists that the employee was significantly exposed to a communicable Page 28 of 88 Q0 TA - PBA TA - City PRA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 485 of 716 disease in the line of it only after such documentation is brought to the attention of the City. If an employee contracts a communicable disease as listed in Section 112.181 of the Florida Statutes, as amended from time to time, then it shall be presumed that the employee contracted that disease while on duty, except as stated in this Article, Sections 3- B and 3-C. Record keeping and notification of known exposures shall be as required by Chapter 112.181 Florida Statutes, as amended from time to time. Page 29 of 88 Op TA - PBA �A- City PRA Police Sergeants and City of Boynton Beach -For a Term Ending September 30, 2019 Page 486 of 716 Effective October 1, 2015, the sole medical benefit plan available to employees will be a High Deductible Health Plan (HDHP). The City shall pay the total HDHP medical, vision and dental f,nsurance premium for b. unit members while employed by the City. The members will rcay the full cost of HDHP medical, vision and dental insurance for their dependents. A. Medical Insurance iv!llllllllllllll �illillitlill 11;1:11� 11�11g1 1 1. The premium cost for "employee only" HDHP medical insurance shall be paid by the City. Employees are responsible for paying any premiums associated with covering dependents. 2. The City will provide opportunities to convert an annualized total of up to one thousand dollars ($1000.00) of any combination of sick and vacation time at the 100% conversion rate to help fund their HSA. This conversion can be done during the follow times: a. November 1, 2016 November 30, 2016 (any amount up to an annualized total of $1000-00) b. April 1, 2017 - April 30, 2017 (any amount up to an annualized total of $1000.00) Page 30 of 88 TA - PBA TA -City PBA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 487 of 716 " 11 1 1 111 1 11 111 '1 TRIIIIIIIII'V III I'M I 11m, Year Two (October 1, 2017 - September 30, 2018) and Year Three (October 1, 2018 - September 30, 2 019): RINIMMM -unwnr emu taws uir;nrlms I=T- ''If 111171111111,11 1 EMU= III I I I 7f[jjP1P1yPl� 111•�rIlI1 111�IIi1 I Ill III I ililill I III I III Jill III 1 111111111 111 111 111 1 IN- T I 17-Viffok IN., N ,1$, 40104 It I lI I g1 0 1 . 0 . Is April 1, 2017. III I 1 11 1 1 1 =77"14 I I I I I I I I I I I I I I I I I : i: I I I I I I I I I I I I I I I I I I mm� that contract year) for the remaining years of the contract. Members of the bargaining unit shall be covered by $35,000 of group life insurance with the premium paid by the City. The City shall pay the premium for a Fifty Thousand Dollar ($50,000.00) life insurance policy to all bargaining unit members at no expense to the employee. The policy shall bear a double indemnify provision for death occurring in the line of duty. This shall be in addition to any other benefits required by State or Federal law. Page 31 of 88 TA - PBA TA City PRA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 488 of 716 MEORMNI= A. All employees will follow the following vacation schedule: Years of Service Vacation Hours !year 96 Zy ars 120 IMES 4 ycara 5 yga-rs 6 3mara 144 Zygarra 152 8 -years 160 9 years 168 10 vears 176 11 years 176 12 vears 176 13 vears 176 14 vears 176 15 vears 176 lkyears 192 17 vears 192 18 years 192 19 vears 192 20 years 192 21 vears & after 200 B. Vacation requests may be submitted from 14 - 45 days in advance for vacation. In the event of conflicting requests for vacation dates, the senior member request shall prevail if it was submitted thirty (30) days prior to the M' N RM UMI I -OP TA City PBA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 489 of 716 date or dates requested. Vacations of two days or less may be made with twenty-four (24) hours advance notice or less. All other requests submitted less than 30 days shall be on a first come first serve basis regardless of seniRrity. C. Request for emergency vacation leave will considered individually by the Chief. Secio ick Leave 17,16TIRMW T711111111.1 I eight (8) hours per month. The use of sick leave will be in accordance with I I =my LIP, rM M i REIMER M 1, �� 1 0 as applicable. Each bargaining unit member covered by this Agreement is eligible to receive one bonus day of eight (8) hours for continuous attendance 2t work at the completion of each calendar quarter that the bargaining unO member has not used sick time, family sick time, and/or FMLA coded leave furing the previous quarter, nor has been absent from work or on leave IMUSTIMMMOMM ff=� time, and/or jury duty. Bonus days shall be counted as vacation leave and Page 33 of 88 TA - PBATA -City PRA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 490 of 716 B. Employees who have more than one hundred twenty (120) hours of sick leave that they will accrue by September 30th of any contract year may convert 501 of the excess over one hundred twenty (120) hours to a cash straight time payment not to exceed one hundred (100) hours. The request for this conversion must be received by the Citys Finance Department between August 1st and September ls� This conversion payout will occur by September 301h. M 1. The City will permit an employee to donate accrued sick leave time to another employee whenever extraordinary circumstances require the designated employee to be absent from work for a lengthy period of time when that employee has exhausted all accrued sick leave and vacation leave. 2. Extraordinary circumstances shall be deflned as lengthy hospitalization, extended illness, or injury, of the member or the members immediate family. D. Sick leave for medical appointments is permissible and should be scheduled at least 48 hours prior to the appointment when possible. Sick leave time that is scheduled at least 48 hours in advance will be coded in the City's payroll system as "scheduled sick leave" and will not count against the employee for attendance purposes, including eligibility for bonus days as referenced in Section 2A of this Article. 14— Page 34 of 88 TA - PBA TA?Ci� PBA Police Sergeants and City of Boynton Beach -For a Tenn Ending September 30, 2019 Page 491 of 716 E. No member shall be placed on restricted sick leave unless that member has haM a counseling session related to attendance. During that counseling session, the member will be informed of the reasons he or she is being considered for restricted sick leave. At that time, the member will be given an opportunity to explain the sick days taken. When a member is placed on restricted sick leave, the member will be notified in writing of that fact. A unit member placed on restricted sick leave shall be re-evaluated in six months. If not re-evaluated within ten working days after the six month period the unit member will be removed from restricted sick leave. No employee shall be subjected to "house calls" by supervisors or their designees unless they have been placed on formal restricted sick leave or a documented reason for the visit is produced on each and every occasion and forwarded up the chain of command. Each member is granted and may use forty-six (46) hours of paid personal leave each contract year. Personal Leave for employees hired after ratification will be prorated. Unused Personal Leave will not be carried over from year to year, will not be paid if not used, and will not be paid out upon separation of employment. Personal time is to be scheduled in the same manner as vacation. This benefit sunsets at the termination of this Agreement. •Ill.- M -01.1 0 Compassionate Leave: In the event of the death of the mother, father, foster parents, PRA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 492 of 716 brother, sister, husband, wife, registered domestic partner, son, daughter, grandparents, R f spouse and any permanent family member of the household, such employee shall be death. However, if it is necessary for the employee to leave the State in connection with the internment of the deceased, five (5) consecutive shifts shall be allowed. Employees must verify attendance in writing, in order to be eligible for this article. The City Manager may U-?-�1aaUpamp-u-T3 against the employee's accrued sick or annual leave. ZMEMM PRA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 493 of 716 11M R711[i if; Irorl Mill 7,11F I A. The second paycheck in October, members will receive 90 hours straight time Holiday Pay at current rate of pay on check date. This payment is for the following holidays: * Veterans' Day * Thanksgiving Day * Day After Thanksgiving * Christmas Eve © Christmas Day * New Year's Day B. The second paycheck in January, members will receive 7S hours straight time Holiday Pay at current rate of pay on check date. This payment is for the following holidays: o Martin Luther King, Jr. Day o Presidents' Day o Memorial Day o Independence Day o Labor Day Section . Bargaining Unit Members must be actively employed on the paycheck date in order to receive the Holiday Pay in Section 1. Page 37 of 88 TA - PBA T4A- Cil� PRA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2013 Page 494 of 716 Lejam n .3 Bargaining Unit Members who leave employment must pay back any holidays for which they were paid but were not employed on date of holiday. This payment w be deducted from the member's final pay check at the hourly rate at which the I holiday was paid. I► rar, FEWPOW-71, ITAITOTM for only the holidays in Section 1A that occurred while (s)he was actively B. If hired between January 2nd and September 30th, (s)he will receive Holiday Pay for only the holidays in Section A that occurred while (s)he was actively employed. P1111111111,11IIIIIIIIII IIIIII jjj� III IIIIIII q or actual holidays. on 6. There is no pay, premium or otherwise, to Bargaining Unit Members who do not work on City -observed or actual holidays. ZMEMM PRA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 495 of 716 W-11,9119 q-11 Section 1. The City will make a payment of $15,000.00 to the beneficiary of bargaining unit employees considered by law to have expired in the line of duty. Section 2. All employees shall, on a form to be supplied by the Chief of Police or his authorized representative, designate by name and address, the individual to whom such funds are to be paid. In the event of conflicting claims for payment, the City will interplead the funds by court proceeding if the parties with conflicting claims cannot resolve their dispute within sixty (60) days. Page 39 of 88 TA - PBA TA --City PRA Police Sergeants and City of Boynton Beach -For a Term Ending September 30, 2019 Page 496 of 716 •111 1 F RIPEN I ffil � I I NOUN 1FZT#TW#71ffTs,ro"- Concerns about unsafe condition will be brought to the attention of the immediate Supervisor who will make a judgment call concerning the need for immediate repair prior to use. If the Bargaining Unit Member does not agree with the immediate Supervisor he/she may ask that the next level of supervision review his/her concern, and that Shift Commander will be the final judge on the safety of the equipment and the appropriate action to take at that time. 64� Page 40 of 88 TA - PBA TA -rCity PBA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2029 Page 497 of 716 Section 1. All training required of the officer by the Police Department when off duty �-v ��—ct for training or travel activities that are off site and considered to be seminars, conferences, and special programs where expenses incurred are paid for by the City. All "I 1i I The content and course of weapons training will be established by the Chief of Police Each member will be allowed three opportunities to meet prescribed qualification standards. If the officer does not qualify in three attempts, they will be required to qualify on their own time and expense to remain eligible for employment as law enforcement officers. 0 filmm U; ut A. The City will provide for those members who attend colleges and/or universities an incentive of reimbursement for tuition and books, subject to budget appropriation, based upon the grade received for that class. The member is to pay for the tuition and books and be reimbursed, at state college/university rates. Reimbursement rate percentages are as follows: "A" equals 100% of tuition and books "B" equals 75% of tuition and books "C" equals 50% of tuition and books Page 41 of 88 M PRA Police Sergeants and City of Boynton Beach -For a Term Ending September 30,2019 Page 498 of 716 College and/or university programs must be initially approved by the City Manager and must be a Rart-o_fa pro, eading to an acceptable Associates Bachelor or Master degree with a curriculum directly related to the Police profession. The Chief will make a recommendation to the City Manager who will have , , . f .. . . 1 4• - I I B. The City shall pay tuition and books reimbursement even if a course is not part of a program leading to a degree providing that the course is job C. Reimbursement for amounts over the IRS allowable calendar year tax- 'ree benefit are subject to income tax withholding. The IRS allowable 2016 is $5250.00. The IRS may adjust this amount each year. Section 4. The City shall reimbursefor authorized expenses associated with training and special schools attended by the officer through approval of the Department. M W•� PBA Police Sergeants and City of Boynton Beach -For a Term Ending September 30, 2019 Page 499 of 716 RIIIINU" MIIIII The City will post the Agreement on the Cit -/s shared drive or any other electronic NI W M IT 9 on ITW =- Page 43 of 88 010 TA TA -11L City PBA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 500 of 716 roA� "4111MR34"113- Section 1. A personnel file for all City employees is maintained by the © Human Resources Departmenty:£ oyees may inspect and obtain copies of personnel files in >2<MM»2< 2ME Section 2. Internal affairs investigatory © will be maintained in accordance with Fl. State Statutes. Section 3. All bargaining unit members covered by this Agreement must be notified in writing. fE-mail is acce#table notification when someonz- other than a «© employee requests to review the bargaining unit members' personnel/I.A. file, unless the file is being inspected by a governmental agency (including IRS), or state attorney, in the conduct of a lawful criminal investigation when confidentiality of the investigation is requested. PBA Police Sergeants and City of Boynton Beach - For a Teryn Ending September 30,2019 Page 501 0 716 LEGAL Section 1. In accordance with Florida Statutes, the City will provide legal defense for a d -ra-w and wherein the alleged damages were allegedly caused by the actions of said member while acting Section 2. The City will indemnify all members against judgments for compensatory . 7 . . I . . .. . . Atk-1 i— liable for such actions. actionThe City will select the Attorney who is to defend the employee relative to this Article. Section 4. The employee will be responsible for filing any counterclaims at his/her expense. 1-lAe Page 45 of 88 TA - PBA T PRA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 502 of 716 Fp A ti 9 9" Section 1. The Parties recognize that the interests of the community and job security of the bargaining unit members depends upon the City's success in providing proper and efficient services to the community. To this end, the City and the PBA encourage to the fullest degree, behavior which is positive and supportive of the goals of effective municipal management and public safety. The Parties recognize the need for progressive and appropriate discipline when an employee's conduct and job performance are inconsistent with said goals. Section 2. No bargaining unit member shall be disciplined except for cause. Progressive, consistent, and appropriate discipline will be administered according to the seriousness of the offense. The following disciplinary actions shall be utilized and, depending on the severity of the offense, the first action may be at any appropriate level including dismissal. A. Written Reprimand B. Suspension Without Pay C. Demotion D. Dismissal Section 3. Any bargaining unit member who has been promoted consistent with and pursuant to Article 7 herein who, thereafter, is demoted shall be returned to the position and shift he or she occupied immediately prior to the promotion or to a position and shift consistent with his or her seniority as a sworn officer with the Police Department, Page 46 of 88 —5 TA - PBA TPCity PRA Police Sergeants and City of Boynton Beach - For a Tenn Ending September 30, 2019 Page 503 of 716 whichever is more favorable for the member. Personnel re-entering the bargaining unit as provided above shall be placed in their respective Step Pay Plan based upon their —ifft-mtan-Beach-Police--D_e -Fartment at the time of demotion. a pre -determination conference with the City Manager. No pre -determination conference 11 � I I iiiiiiliii 11 Section 6. Members will be ineligible to work off duty details during any calendar day on which they are observing a suspension. Section 7. The City will provide notice to the PBA when it an completes an investigation Rid . . . . . . . . . . ............... 000• i PBA Police Sergeants and City of Baynton Beach - For a Term Ending September 30, 2019 Page 504 of 716 A`, i1 , , , , , 1 � - � :m-, 'rJ'A ! !111 111 111 11�1111 111111 11111111111 1�111 1, FIT M 9•@1 R TIT R 4 MM ri M -a I 11 V-1 Ji 9 oT-XJ I r HToiT#J "N To Mo I UT �114 C, �0- � � termination, demotion, or suspension without pay of more than sixteen (16) hours. MINOR DISCIPLINE is a: 0 written reprimand, Appeals of disciplinary action shall be handled as follows: MAJOR DISCIPLINE - Major discipline may be by appeal to an arbitrator, by using the same procedure for appointment of an arbitrator as set forth in Grievance Article above. The Union may request review of the discipline by the City Manager provided it does so before the fifteen (15) day time limit for requesting arbitration. If a meeting is requested, the fifteen (15) day time limit for requesting arbitration shall be abated. The request for appointment of an arbitrator must be made in writing within fifteen (15) calendar days of notice of the City's disciplinary action or review by the City Manager is completed is review by the City Manager was timely requested. PBA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 -City Page 505 of 716 The arbitrator may sustain, reverse, or modify the discipline set by the City Manager. The decision of the arbitrator is final and binding on the parties. If the arbitrator reverses the disciI line in its entirety, the Employee will be made whole. Any and all procedures regarding arbitration which are not specifically set forth in this Section shall be governed by Article 27, Sections 4 through 9. The decision of the arbitrator is final and binding on the parties subject only to the rights of the parties to confirm, clarify, or set aside the award as set forth in the Florida Arbitration Code. MINOR DISCIPLINE: Written reprimands may not be appealed but the Employee may submit a written response provided the response is submitted within fifteen (15) days of the written reprimand. If a written response is submitted by the Employee, it shall be attached to the written reprimand and placed in the Employee's personnel file. Suspensions without pay of sixteen (16) hours or less may be appealed to the City Manager whose decision shall be final. An appeal shall be filed in writing within fifteen (15) days of notice of the suspension without pay. The City Manager shall render a decision within twenty (20) days of the appeal. The City Manager's decision may be to sustain, fully reject, or lessen the discipline. The City Manager or her designee will conduct interviews with the grievant, departmental staff, or members of the bargaining unit as part of his/her review of the discipline. Page 49 of 88 TA - PBA TA -City PRA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 506 of 716 cft"J�M�J�l Ili I "I I - I fflxf�� 1-11 Section 1. A grievance, as used in this Agreement, is limited to ac or request of 11 1 , Jill ill I Section 2. Grievances concerning working conditions not specifically covered by the terms and provisions of this Agreement shall be subject to the grievance procedure up to, but not including, arbitration. e tion In the event a grievance should arise as to the interpretation or the application of the terms of the Agreement or departmental regulations, the said dispute or grievance shall be dealt with in the following manner. Any grievance not answered by the City within the time limits provided below will automatically advance to the next higher step of the grievance procedure. The aggrieved employee or an Association representative shall present the grievance or dispute in writing, setting forth the facts with particulars and the remedy sought, within ten (10) working days (Monday through Friday) of its occurrence or knowledge thereof, to the Chief of Police. The Chief of Police shall reply in writing within ten (10) working days (Monday through Friday) of receipt of the grievance or dispute. If the Chief of Police shall fail to respond in writing, the Page 50 of 88 TA - PBA Tk-, City PBA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 507 of 716 grievance is presumed to be denied and the employee or an Association ff,1NM�111!171:111, III 1 1: 1,31,11 ITT, III I I I _ATT=J_7YrC=66rrFjTj__t I L' , 1, 1 IV 1 1 Om the grievance may be submitted to the City Manager within ten (10) working days -diaibiIII recei:ct of the Chief of Police's rerl�L- or when a re -1-1p, was due, if none is submitted. The City Manager shall reply within ten (10) working days (Monday through Friday) of receipt of the grievance or dispute. If the City Manager shall fail to reply in writing, the grievance is presumed to be denied and the employee or an Association representative may move to the next step. If the grievance has not been settled by Steps 1 and 2, the PBA or the City may request arbitration within fifteen (1S) working days (Monday through Friday) of receipt of the City Manager's reply or when a reply was due, if none is submitted. The PBA request must be timely filed with the American Arbitration Association (AAA) or Federal Mediation and Conciliation Service (FMCS) on or before the fifteenth (15th) day deadline, with a copy to the City Manager. The rules for conduction the arbitration will not be the rules of AAA or FMCS unless agreed to by the City and PBA, but will be governed by the terms of this Agreement. Secti-Qn 4. By agreement of both Parties, a meeting will be held at any step of the grievance procedure. PRA Police Sergeants and City of Boynton Beach -For a Term Ending September 30,2019 Page 508 of 716 Section 5. The arbitrator will be selected by mutual strike, with the Grieving party striking first. Each Party has a one-time right to strike the entire panel. After an arbitrator R I T I I C 1! 1 1 1 � I IMIW2 I Or WO City and the Union. Section 6. Briefs, if any, must be filed with the arbitrator no later than thirty (30) days after the close of the Hearing or after receipt of the transcript, if a transcript is requested. Section 7. A transcript of the proceeding will be made, unless waived by both Parties. The cost, including the arbitrator's copy, will be shared equally by the Parties with the PBA Section 8. The arbitrator shall render an Award within thirty (30) days of receipt of the briefs, if any, or of the transcript if Parties have agreed to submit the transcript in lieu of briefs. 5-eWon 9. The PBA and the City shall each bear its own expense in the arbitration Ii Fit I otker eyne es of arbitrator. Section 10. A probationary employee may not grieve any matter concerning assignment, ME M MUMMIR M.-MERM -&-a-ty. PRA Police Sergeants and City of Baynton Beach - For a Term Ending September 30, 2019 Page 509 of 716 111114111 violated. ililill III 11�11�111111 11111111111, 11111111111111 1111111111 p; 111111 Iiiij I 111 1111 111 111 ilill', Section 12. Whenever a grievance is general in nature, in that it applies to two (2) or more bargaining unit members, or if the grievance is directly between the PBA and the City, the grievance may be presented in writing directly at Step 2 of the Grievance Procedure within fifteen (1S) working days of the occurrence or knowledge of the occurrence or matter giving rise to the grievance. The grievance shall be signed by the aggrieved bargaining unit members or a PBA representative on behalf of all aggrieved PBA members. 017MERM PBA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 CXD city Page 510 of 716 MIA" I PBA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 0�0 TACE City Page 511 of 716 Section 1® When an employee is required to use his/her personal vehicle in the performance of police duties, said employee shall be reimbursed a mileage rate as established by City resolution, excluding mileage traveled to and from the normal work location. Section 2. For the purpose of this Article, the performance of police duties shall include attendance at court, depositions, administrative hearings, conferences with City officials, schools and seminars. 4(X Page 55 of 88 Q-0 TA PBA ........ ....... T I kL city FBA Police Sergeants and City of Baynton Beach - For a Term Ending September 30, 2019 Page 512 of 716 The City is a Drug Free Workplace and has established a Drug Free Workplace Policy. drug testing. Post -accident testing may be required by a supervisor in accordance with rules approved by the City and the PBA. The City supports random drug testing for all bargaining unit members. The City reserves to itself the power to order employees to submit to reasonable suspicion or random drug testing, subject to compliance with the testing/sample handling procedures as set forth in Florida Statute and the Florida Administrative Code, as referenced in the City's Drug Free Workplace Policy. The City agrees to use a State certified laboratory for all drug testing. The Drug Free Workplace Policy approved by the City and the PBA is attached as Addendum "A." M - Q0 T h z - 'C'_ it' -Y, PRA Police Sergeants and City of Boynton Beach -For a Term Ending September 30, 2019 Page 513 of 716 Vacancies in positions or assignments will be posted in-house no less than fifteen (15) days before the application deadline for the position or assignment. Anyone applying for a U 15*6• the applicant may not be eligible at the time his/her application is submitted, if the ?pplicant will satisfy all of the qualifications by the final day of postin& the application shall be accepted and considered. 64 Page 57 of 88 . ... .. .... TA - PBA TA -�City, PEA Police Sergeants and City of Boynton Beach -For a Tenn Ending September 30, 2019 Page 514 of 716 F-3 Section 1. This Agreement is the complete Agreement between the parties, cancels all prior practices and agreements, and, except as expressly provided for herein, relieves the � Mr r';Z 01,= set forth expressly in this Agreement. All bargaining unit members are covered under the terms of this Agreement, Departmental Rules and Regulations and the City's Personnel When the City or Police Department intends to modify Department Rules and Regulations or the City's Personnel Policy Manual the City will provided written notice to the PBA. The notice will include a description of the change and an implementation date which shall be no less than 45 days from the date of notice. If the PBA believes that that modification constitutes a change to wages, benefits or conditions of employment, PBA will have 10 days from date of notice to advise the City if the PBA is requesting pre-imrn or post implementation impact bargaining and to identity with specificity the manner in which the modification affects the rights of its members. The PBA response shall include 3 dates and UA I excluding dates in the first 10 days following the PBA request. When bargaining is requested, it shall begin no less than 10 days following the PJ3Xs request and shall be concluded within 14 days following the first bargaining session. Unless otherwise agreed to by the City and PBA during their bargaining, the modification will take effect as initially announced by the City, subject to the PBA's right to continue impact bargaining. This k64� Page 58 of 88 TA - PBA -e_ PBA Police Sergeants and City of Boynton Beach — For a Term Ending September 30, 2019 Page 515 of 716 rcrovision is not a waiver, restraint or limitation on the Citys management right to iletermine unilaterally the purpose of its Police Department, set standards of services to be -tiffered to the public, and exercise control and discretion over its organization and tperations. All reference to days in this section means calendar days, inclusive of Caturdays, Sundays and Holidays. Section 3. Nothing in this Agreement shall be construed or interpreted as a waiver of the PBA's right to request bargaining or impact bargaining. SeLtiLon 4. Nothing in this Agreement shall be construed or interpreted as a waiver or limitation on the City's management rights. Page 59 of 88 00 TA - PBA TAS City PBA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 20%9 Page 516 of 716 I1 I � � I ii , I I I•M I r "40 1 0 4 jurisdiction in respect thereof, such findings shall not affect the remainder of this III 1 11 MINOR I I I I Section 2. In the event of such finding the Parties will meet within thirty (30) days to I I I I i III! III I I I Page 60 of 88 TA - PBA TrCity PRA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 517 of 716 �W This Agreement shall take effect when ratified by the members of the collective bargaining unit and the City Commission and shall remain in effect until September 30, 2019. No base wage increase, step, cost of living, or other compensation adjustments, except increases resulting from an assignment, shall be paid beyond September 30th of each year, except as provided in a subsequent Memorandum of Understanding or Collective Bargaining Agreement. Page 61 of 88 —'67 TA - PBA TA P- lty--- PBA Police Sergeants and City of Boynton Beach - For a Tenn Ending September 30, 2019 Page 518 of 716 1,7 Section 1. The City agrees to continue the take home vehicle program during the term of this Agreement and to purchase as reasonably possible the number of vehicles sufficient 1111111 111 III INTRIFIRRI 111! ROTOR FRIIIIIII ! �� I years of sworn service with the department and resides within a twenty (20) mile radius of the City limits. Vehicles will be assigned on the basis of seniority (by ID number), with seniority bumping rights for Members transferred to patrol. 111FRIORRIMPTIM WERE ctio A member who lives beyond the twenty (20) mile radius described in M II' -MORMY PBA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 I �W Page 519 of 716 a, N,0114�11 I I II I IIIIII i� I I I Iii I I I MINIM I I I I, iI I IIIIIIII I I I il•l iiii IN VIEW III III III hour minimum. Current Rates: Regular Days: Vendor Bill Rate: $42.00/hour Officer Rate: $35.00/hour City Admin Rate: $ 7.00/hour Holiday/Premium Days: Vendor Bill Rate: $52.00/hour Officer Rate: $45-00/hour City Admin Rate: $ 7.00/hour Holidays and Premium Days Include: New Year's Eve New Year's Day Super Bowl Sunday Easter Sunday Memorial Day Independence Day Labor Day Halloween Page 63 of 88 Oki TA - PBA TA City PRA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 520 of 716 Thanksgiving Day Day After Thanksgiving (Black Friday) Christmas Eve Christmas Day I'M A T I I J I J•I �lJ I I 3 0 1111111111 1 111 11, 'Jill 11111 11111 111 111111 =7- I 1� 1211 J I � I JJJI JIJIJ IIIIIIIIIIIIIJI I 1111ili 1��lJllli iiilii; FAM � Each officer working an off-duty detail is deemed to be an independent contractor of the second party employer. However, police officers on off-duty details shall be permitted to utilize a City police uniform, radio and vehicle. For such usage, the City shall receive $7.00 dollars per hour for every detail worked to offset equipment costs. 0 0 t1lif 11 4iC R! BB Pension Code: Compensation or salary. The total cash remuneration including lump sum paymentsfor accumulated sick and vacation leave and "overtime" paid by the primary employer to a police officerfor services rendered, but not includinG any 12aYments or extra 131", 0181HAIWi Page 64 of 88 TA - PBA TA- city PBA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 521 of 716 n1l. 11i 3i M in w M14 I-ro 2 =,-, EX, MM, W Im I I F, r I TOTOF-WOOM misconduct or breach of policies, rules and regulations will be handled through the Any police officer who is on sick leave, workers' compensation or working light duty will i`i i / M =1 ro M M., M 3 1=0 1110TON7, "I Wgromirm -Ifff 115IT191111 11311191TIM111111 Ili 17119111 cez 1 Any police officer may not work more than 24 hours of overall off-duty details during any 7 -day work period. Exception would be when officer is on vacation (minimum of 40 hours leave) then the 24-hour limitation may be exceeded. The Police Chief may suspend an employee's right to work off- duty details as a component of disciplinary action as a result of a conduct violation committed while on an off duty detail. All Bargaining Unit Members assigned to cover special details may report directly to their assignment without prior checking in or out at the police station, but must advise a supervisor personally or by radio. Bargaining unit members assigned to a special detail shall comply with all current department policies and procedures in effect. Page 65 of 88 TA - PBA TV City PRA Police Sergeants and City of Boynton Beach -For a Term Ending September 30, 2019 Page 522 of 716 Section 1. "Strike" means the concerted failure to report foed absence of Sergeants from their positions, the concerted stoppage of work, the concerted submission of resignations, the concerted abstinence in whole or in part by any group of Sergeants from the full and faithful performance of their duties of employment with the CitWmartici(cation in a deliberate and concerted course of conduct which adverselig affects the services of the City, picketing or demonstrating in furtherance of a work stoppage, either during the term of or after the expiration of a collective bargaining agreement. Section 2. Neither the Union, nor any of its officers, agents and members, nor any employee organization members, covered by this Agreement, will instigate, promote, stoppage of work, illegal picketing, or any other interruption of the operations of the City. Section 3. Each Sergeant who holds a position with the City occupies a position of special trust and responsibility in maintaining and bring about compliance with this Article and the strike prohibition in Florida Statutes 447.505 and the Constitution of the State of Florida. Accordingly, the Union, its officers, stewards and other representatives agree that it is their continuing obligation and responsibility to maintain compliance with this Article and the law, including their responsibility to abide by the provisions of this Article and the law by remaining at work during any interruption which may be initiated by others; and their responsibility, in event of breach of this Article or the law by other employees and M 90 W-1] PRA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 ..................................... Page 523 of 716 MUM Section 4. Any or all Sergeants who violate any provisions of the law prohibiting strikes or of this Article may be dismissed or otherwise disciplined by the City. Page 67 of 88 TA - PBA TY- City PRA Police Sergeants and City of Boynton Beach -For a Term Ending September 30, 2019 Page 524 of 716 "M141M Section 1. Bargag Unit Members hired as Police Officers on or after October 1, 2015, and who thereafter are promoted into the Police Sergeants' Bargaining Unit, will have a Section 2. Upon ratification of this Agreement, the City and the Union conformed to the statutory requirement to negotiate provisions of SB 172, codified as Laws of Florida 2015-39 by K� Section 4. The City and Union agree to reopen this Article at the request of City during year three of this contract. Page 68 of 88 TA - PBA TA City PBA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 525 of 716 waaml A Section 1. A bargaining unit member covered by Florida Statute, Chapter 440, Workers' Compensation, and in accordance with provisions set forth hereunder, shall be authorized ► be absent from work ► to injury ► illness incurred while ► ► and ► related ► ► performed, until he ► she reaches maximum medical improvement ► two (2) years, whichever comes first. Section 2® Sworn bargaining unit members who sustain a serious injury on -duty while in fresh pursuit (as defined in §112.19(d), Florida Statutes (2003)) or in the apprehension of a violent person, or who sustain a serious injury while engaged in law enforcement activities will receive a supplement to their workers' compensation that will provide 100% of their base salary for up to one hundred eighty (180) calendar days UNLESS OTHERWISE NEGOTIATED IN A WORKERS COMPENSATION PRECEEDING. Sectio n 3. Bargaining unit members absent from work due to injury or illness unrelated to the performance of duty, shall have twelve (12) months to return to full duty. Page 69 of 88 TA - PBA TA - Ci PBA Police Sergeants and City of Boynton Beach -For a Term Ending September 30, 2019 Page 526 of 716 ua#�� Eligibility for hiring or promotion to a position in the bargaining unit shall be as follows: A. Five (5) years of continuous experience as a Police Officer or Detective First Grade with the City of Boynton Beach immediately prior to hiring or M promotion. B. Must possess on effective date of hire and thereafter maintain FDLE certification. C. Must possess on effective date of hire and thereafter maintain a Florida driver's license. D. All Sergeants shall serve a one (1) year probation from the date of the appointment. During a Sergeant's probationary period, a Sergeant is subject to removal from appointment without statement of cause. E. A promoted Sergeant removed from his/her position during probation shall be reassigned to the position from which (s)he was PBA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 527 of 716 Z The City of Boynton Beach is committed to providing a safe work environment for its employees and our community. Drug and alcohol abuse is national problem that is prevalent in society and impairs the health and safety of employees, promotes crime and harms our local community. Moreover, the illegal possession, use, sale, and distribution of controlled drugs are criminal acts that directly threaten the integrity of all employees in the City. The City is addressing this problem through its DRUG FREE WORKPLACE Program. Substance abuse is a complex, yet treatable disease. The ultimate goal of this policy is to balance i*�1)NUQ1N1[1V 1. "Chain of Custody" refers to the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to the final disposition for all such materials or substances and providing for accountability at each stage in handling testing, and strong specimens and reporting test results 2. "Confirmation Test", "confirmed test" or "confirmed drug test" is a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen, which test procedure used to identify the presence of a specific drug or metabolite in a specimen, which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity, sensitivity, and quantitative accuracy. 3. "Drug' means alcohol, including distilled spirits, wine, malt beverages, and intoxicating liquors; amphetamines; cannabinoids; cocaine; phencyclidine (PCP); hallucinogens; methaqualone; opiates; barbiturates; benzodiazepines; synthetic narcotics; designer drugs; Page 71 of 88 TA - PBA -City PRA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 528 of 716 R r a metabolite of any of the substances listed herein. Threshold detection levels are established by Florida regulations. Therefore activities participated in while off duty may result in positive drug tests. For DOT covered employees, alcohol includes any intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols. Consumption of a preparation including alcohol (beverages or medicines) A list of the most R f this policy. Employees and job applicants should review this list prior to submitting to a drug test "Drug test" or "test" means any chemical, biological, or physical instrumental analysis administered for the purpose of determining the presence or absence of a drug or its metaIRlites. S. "Employee" means an individual who works for salary, wages, or other remuneration for the City and is covered by the workers compensation act. .Z.1 wegg(4 Fir.1weir.11 Jrlugel 1(liff-.1111 us log! .1011 t I 7. "Employer" means an agency within state government that employs individuals for salary, wages, or other remuneration. 8. "Initial drug test" means a screening procedure of the blood and/or urine of employees and job applicants for the presence of alcohol and illegal drugs in accordance with the Florida Drug Free Workplace Program and appropriate Florida administrative rules. 9. "Job Applicant" means a person who has applied for a position with the City and has been offered employment conditioned upon successfully passing a drug test 10. "Mandatory -testing position/Safety-sensitive position" means with respect to a public employer, a job assignment that requires the employee to carry a firearm, work closely with an employee who carries a firearm, perform life-threatening procedures, work with heavy or dangerous machinery, work as a safety inspector, work with children, work with detainees in the correctional system, work with confidential information or documents pertaining to criminal investigations, work with controlled substances, or a job assignment that requires an employee security background check pursuant to F.S. 110,1127 or a job assignment in which a momentary lapse in attention could result in injury or death to another person. Page 72 of 88 Q0 TA - PBA iiC-c-ity PBA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 529 of 716 W 12. "Prescription or Nonprescription Medication" means a drug or medication obtained pursuant to a prescription as defined by F.S. 893.02 or a medication that is authorized pursuant to federal or state law for general distribution and use without a prescription in the treatment • human • ailments, or injuries. 13. "Reasonable Suspicion Drug Testing" means drug testing based on a belief that an employee is using or has used drugs in violation of the employer's policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Reasonable suspicion drug testing may not be required except upon the recommendation of a supervisor who is at least one level of supervision higher than the immediate supervisor of the employee in question. Among other things, such facts and inferences may be based upon: b. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. c. A report of drug use, provided by a reliable and credible source, which has been independently corroborated. d. Evidence that an individual has tampered with a drug test during employment with the current employer. e. Information that an employee has caused, or contributed to, an accident while at work: If a bargaining unit member is involved in an accident in which the member was driving a City owned vehicle, and any one of the following occurs: an individual dies, an individual suffers a bodily injury and receives medical treatment away from the scene of an accident, one or more vehicles (whether operated by a City employee or not) incurs "disabling damage" as the result of the occurrence, or is transported away from the scene by a tow d4� Page 73 of 88 TA - PBA --- T I k --,City PBA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 530 of 716 truck or other vehicle, and under any circumstances when the bargaining unit member is issued a traffic citation. I "Disabling damage" means damage that precludes departure of any vehicle from the scene of the occurrence in its usual manner. Disabling damages includes damage to vehicles that could have been operated but would have been further damaged if so operated. Disabling damage does not include damage that could be remedied temporarily at the scene of the occurrence without special tools or parts; a flat tire with no spare available, minor scrapes/scratches to the exterior of the vehicle; or damage to headlights, taillights, turn signals, horns or windshield wipers that make them inoperative. iii. An order to submit to post accident testing can be made by a Police Sergeant or higher rank. Any bargaining unit member ordered for a post -accident drug test may, at the member's option, be accompanied to the testing by an available Union Representative. The Union Representative shall act as a quiet observer to the testing procedure and shall not interfere with the testinR procedures or direct questions or comments to the testing personnel. The unavailability of a Union Representative shall not preclude the post- accident drug testing from taking place. iv. Refusal to submit to an order for post -accident drug testing, or intentionally delaying a post -accident drug test can result in termination; however, nothing herein shall abrogate a bargaining unit member's right to challenge the results of the drug test. f. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the employer's premises or while operating the employer's vehicle, machinery or equipment. 14. "Special -Risk Position" means a position that is required to be filled by a person who is certified under Chapter 633. Fire Prevention and Control or Chapter 943, Department of Law eTforcewe-fit. 15. "Specimen" means a tissue or product of the human body including blood, urine, or saliva capable of revealing the presence of alcohol and/or illegal drugs or their metabolites. 16. "Stepping Forward" means that an employee comes forward and requests assistance for substance abuse prior to being selected for a random drug test, or prior to being ordered to 4kF__ Page 74 of 88 Q-3 TA - PBA T&- City PRA Police Sergeants and City of Boynton Beach - For a Tenn Ending September 30, 2019 Page 531 of 716 A. It is the policy of the City that an employee found with the presence of alcohol, illegal drugs, or prescription medication in levels exceeding prescribed dosage in his/her system, in possession of, using selling, trading or offering for sale illegal drugs or alcohol during working hours, may be subject to disciplinary action up to and including termination. A refusal to submit to a drug test is grounds for immediate termination. If, in the opinion of both supervisors, the employee is considered impaired, the employee should be drug tested by an authorized provider and then provided safe transportation home. An impaired employee must not be allowed to drive and if necessary can be transported home by a supervisor or another employee. P-11INSID-AWT-IT -UTT-ZWTTTJ-,1 Of 777-1 11 TWIT -2 Mr they see changes in performance that suggest a potential employee problem. The supervisor may suggest that the employee voluntarily seek help from the employee assistance program or decide that the severity of the observed problem is such that a formal referral to the EAP should be made. W R D DO I �W 11 IF , 11 i I r F Or 1 111 1 1 3— a wfol :115 1 RUM � �M Prescription drugs prescribed by the employee's physician, who is licensed to practice medicine in the United States, may be taken during working hours in strict accordance with the provisions of the Policy. Employees should never use intoxicants or drugs that could cause impairment during work hours. An employee who is using a prescription medication while on the job shall do so in strict ?ccordance with medical directions. MINN" 19281121 IM 14181@141011 9 -1 0 ON M I 0 -MM) .1 .0 M -MMM PRA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 532 of 716 prescription medication while the employee is performing his/her job duties. It L� XTT9-WZ4A3�17rZT 711U standards for law enforcement officers so the physician is aware of the physical requirements of the poon. 3. It is the employee's responsibility to immediately notify the Director of Human Resources and Risk Management or designee when (s)he is prescribed any medication that is considered a controlled substance on Schedules 11, 111, or IV as defined and amended from time to time in Florida Statutes 893.03. Failure to disclose this information may result in disciplinary action up to and including termination of employment. The Director of Human Resources and Rish- Management may require the employee to provide a note from his/her prescribing physician stating that the employee is able to perform the functions of a law enforcement officer while taking the medication as prescribed. The employee shall notify the Director of Human Resources and Risk Management or designee if the use of his/her properly prescribed medications/drugs (other than those considered a controlled substance on Schedules 11, 111, or IV as defined and amended from time to time in Florida Statutes 893-03) will affect the employee's work performance. S. If the prescribing physician determines that the employee cannot perform his/her job duties without impairment while taking the prescribed medication, then the employee will be required to use his/her sick and/or FMLA leave, or unpaid leave if his/her leave pools are exhausted, until (s)he can return to work. If the employee reports to work, the City will presume that the employee is not impaired. rndividuals who use drugs. 1. To determine the suitability of employees to work for the City the following pre- employment conditions are established: a) Job Applicants in mandatory -testing positions, safety -sensitive positions, and/or special -risk positions will be tested prior to employment for drug use and alcohol use. Page 76 of 88 CAO TA - PBA TY--c-iii— PBA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 533 of 716 b) Any job applicant, as defined in the above -section, who refuses to submit to drug and alcohol testing as part of the pre-employment testing process will be refused employment. c) Any job applicant who tests positive for drugs or alcohol use will be refused employment. It shall be a condition of continued employment for all employees to submit to drug and alcohol screening under the policy. If there is a conflict between this policy and the collective bargaining agreement, the collective bargaining agreement shall control. Refusal to submit to drug testing is grounds for immediate termination. Refusal to submit to drug testing is not a waiver of the employee's right to challenge both the order and the test outcome. WOK-fiml The City offers an Employee Assistance Program (EAP) which provides help to employees and their families who suffer from various difficulties including alcohol or drug abuse. In addition to the City's EAP Program, below is a list of local assistance programs and local drug and alcohol rehabilitation programs: a) Narcotics Anonymous Help Line: 561-848-6262 b) Drug Abuse Foundation of Palm Beach County: 561-278-0000 c) Palm Beach Al-Anon/Al-a-Teen Information: 561-882-0308 d) Alcoholics Anonymous (Palm Beach County): 561-655-5700 e) Comprehensive Alcoholism Rehabilitation Program: 561-844-6400 4 1 to performance problems. 1. Use of the employee assistance program, on a voluntary basis, will not affect the determination of appropriate disciplinary action. Page 77 of 88 TA - PBA T PRA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 534 of 716 2. An employee's decision to seek assistance from the Employee Assistance Program on a voluntary basis pHor to any incident warranting disciplinary action will not be used as the basis for disciplinary action or in any disciplinary proceeding. 3. Through the EAP, the City will provide appropriate assessment, referral t;l treatment, and treatment of drug and alcohol abuse. 4. Upon successful completion of a drug and/or alcohol treatment program an employee may be released to resume work but will be subject to drug testing on a random, periodic basis, at least quarterly, and for up to two years thereafter as a condition of continued employment. These stipulations may be incorporated in a Last Chance Agreement. 5. An individual's participation in the program will not be made part of any personnel records and will remain confidential to the extent necessary to comply with this policy. Medical and insurance records, if any, will be preserved in the same confidential manner as all other medical records and be retained in a separate file as provided by law. RM MO M, IT "A AL. Supervisors are responsible for maintaining a safe work environment by monitoring employees' behaviors and performance. 2. In the event a supervisor has a reasonable suspicion that an employee may be under the influence of drugs or alcohol, the employee must be sent for reasonable suspicion drug testing. A form for documenting cause for a reasonable suspicion drug test is attached. a4p Page 78 of 88 TA - PBA T - City FBA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 535 of 716 Moo 3. In all cases when an employee is to be removed from duty for drug testing, th% Department Head and Human Resources & Risk Management should be immediately notified. 1. It is each employee's responsibility to be fit for duty when reporting for work and to inform his/her supervisor if (s) he is under prescription or non- prescription medication which may affect job performance. 2. In the event an employee observes behavior in another employee, which raises a doubt as to that employee's ability to perform work in a safe, reliable and trustworthy manner, the employee should report this behavior to his/her supervisor. 3. Employees, who enter drug or alcohol treatment and/or rehabilitation program voluntarily at the request or insistence of the City or, as a condition of continued employment are required to fully participate in and complete the recommended treatment. Any employee who enters a drug or alcohol treatment and/or rehabilitation program will be responsible for payment of the treatment and/or program. If the employee fails to comply with the treatment and/or program, the employee will be subject to discipline, up to and including termination. L The MRO will review all information from the testing laboratory in the event of a positive, confirmed test. The MRO will review any information from the employee or job applicant regarding the use of medication or other relevant medical information set forth in the form submitted prior to drug testing. 2. The MRO may request that the testing laboratory provide quantification of test results. 3. The MRO will provide confirmed test results to the Human Resources representative from the City. &a-- Page 79 of 88 ................................................. — —1 TA - PBAI�P_ City PBA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 536 of 716 In order to maintain a drug and alcohol free work environment, the City will test for the presence of alcohol and drugs in the following circumstances: M 1. Pre-employment. job applicants who have been offered a position Df employment and whose job requirements are that of a mandatory -testing, safety -sensitive, or special -risk position are required to take a drug z42<»</ test. 2. Reasonable suspicion: «:£o®w who are determined to be under reasonable suspicion of drug or alcohol use (as defined herein), are required to take a drug and alcohol test. 3. ±+d<22±«© Employees are required to take a drug and alcohol test when the employee is involved in a job-related incident, which results in any of the following: (a) discernable property damage, (b) disabling vehicle damage [see 13.e. (i -iv)] (c) the employee rec®2»I«<» w:attention as a result of a work- related injury or accident, or (d) the employee rec©<!7« 42«». [See 13.e. (i- ivA. 4. Random Testing: Employees are subject to random drug testing. On a monthly basis, a designated Polic%e Officer uses wwwxanddormn.cor , to generate a list of three (3) PBA members who will be randomly tested for that month. A Union Representative signs off £:tlist. In addition, members assigned to Vice are tested once every six (6) months. S. ®< for duty. All employees who are subject to routine annual medical examinations are required to take a drug and alcohol test as part of their medical examination. 1). Follow-up. All employees «»«<x® been referred to an employee 7ssistanc-6 program or rehabilitation program by the City 4<f «= and/or alcohol abuse are required to take drug and alcohol tests on a quarterly basis for up to two (2) years after their return to work. These stipulations may be codified in a Lasi Chance Agreement. ZMERM _W_67ty PRA Police Sergeants and City of Boynton Beach - For a Term Ending September 30,2019 Page 537 0 716 "MTWMIR�� employee who refuses to submit to a drug and alcohol test will be subject to immediate termination. An employee who refuses to submit to a drug tes! forfeits his/her eligibility for all workers' compensation medical and indemnity benefits. 2. A job applicant, as defined in section 1.3, #9, who refuses to submit to a drug and alcohol test will not be hired. The City may administer disciplinary action, up to and including termination, for any employee who has a positive, confirmed drug or alcohol test. Confidentiality of records concerning drug and alcohol testing will be maintained to the extent necessary to comply with this policy. All information, reports, memos and drug test reports, written or otherwise, received by the City through the drug testing program will be kept confidential as provided by law. The City's Employee Assistance Program, laboratories, drug and alcohol rehabilitation programs who receive or have access to information concerning drug test results shall keep all information confidential. No such information will be released unless there is a voluntary written consent, signed by an employee or job applicant, except where such release is compelled by a court pursuant to an appeal taken under this section, or where deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding. The City will maintain records concerning drug testing separate and apart from an employee's or job applicant's file. Employees and job applicants may confidentially report the use of prescription or non- prescription medication both before and after having a drug test. M PBA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 538 of 716 'W�11HRUIRM CER, is AM uVioll, in secuon H. Employees and job applicants should review this list prior to submitting to a drug test. An employee or job applicant may consult with the testing laboratory for technical information regarding prescription and non-prescription information. 21! WDE, dw Refer to the Employee Assistance Program Policy for the name, address and telephone number of the City's current provider or contact the Human Resources and Risk Management Department. In accordance with F.S. 893.03 as amended from time to time, the following is an illustrative and non -exhaustive list of drugs that will be tested: 1. Alcohol, including distilled spirits, wine, malt beverages and intoxicating liquors, resulting in a 0.04 or higher. A positive Breath Alcohol Test will be confirmed by a Blood Alcohol Test. 2. Amphetamines 3. Cannabinoids 4. Cocaine 5. Phencyclidine (PCP) 6. Hallucinogens 7. Opiates 8. MethaquaIone 9. Barbiturates 10. Benzodiazepines 11. Synthetic Narcotics 12. Designer Drugs iiet?!vtlite rx ?xy suYsN-ace listef kerei'T, 14. Anabolic/Androgenic Steroids. �'LgF Page 82 of 88 TA - PBA 'iF- City PBA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 539 of 716 Opium Dover's Powder, Paregoric, Parepectolin Morphine Morphine, Pectoral Syrup Codeine Tylenol with Codeine, Empirin with Codeine, Robitussan A -C, Hydrocodone, Coke Crack Heroin Diacetylmorphine, horse, smack Hydromorphone Dilaudid Meperidine Demerol, Mepergan Methadone Dolophine, Methadone, Methadose Other Narcotics Laam, Leritine, Numorphan, Percodan, Tussiones, Fentanyl, Darvon, Talwin, Lomotil, Lorcet, Vicodin, Percocet Chloral Hydrate Noctec, Sommos Barbiturates Phenobarbital, Tuinal, Amvtal, Nembutal, Seconal, Lotusate Benzodiazepines Atavan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Valium, Verstran, Halcion, Paxipam, Restoril Methaqualone Quaalude Methamphetamine Methyl Ice Glutethimide Doriden Other Depressants Equanil, Miltown, Noludar, Placidyl, Valmid I! I! I � 1111 1.014,21 IT W11 it!uerdl IdNI, I Lie, 1-F&ILMOU11 ur pruMure arier a review ME Ine Labor -Management Committee. Many prescription drugs can alter or affect drug tests. Due to the large number of obscure brand names and the constant marketing of new products, this list is illustrative and not exhaustive. Alcohol: All liquid medications containing ethyl alcohol (ethanol). Read the label for alcohol content. Amphetamines: Pbetrol, Biphetamine, Desoxyn, Dexedrine, Didrex, Lonamine, Fastin. Cannabinoids: Marinol (Dronabinol, THC). Cocaine: Cocaine, HCl topical solution (Roxanne) Phencyclidine: Not legal by prescription Methaqualone: Not legal by prescription M PRA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 C ity Page 540 of 716 Opiates: Paregoric, Parepectolin, Donnagel PG, Norphine, Tylenol with Codeine, Emperl with Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss Novahistine DH, Novahistine Expectorant, Diluadid (Hydromorphone), MS Contin aMt Roxano (morphine sulfate), Percodan, Vicodin, Tussi organi dine, etc. Barbiturates: Phenobarbitol, Tuinal, Arrq%al Nembutal Seconal. Lotusate Fiorianl Fioric] Esgic, Butisol, Mebarel, Butabarbital, Butalbital, Phrenilin, Triad, etc. Benzodiazepine: Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Ser Tanzene, Valium, Verstran, HaIcion, Paxipam, Restoril, Centrax, etc. Methadone: Dolophone, Metadose, etc. Propoxyphene: Darvocet, Darvon N, Dolene, etc. Y NDRGGEWW-S-T��. Federal law placed anabolic steroids in Schedule III of the Controlled Substances Act (CSA) as of February 27, 1991. An employee or job applicant who is contacted by the MRO may confidentially report the use of prescription medication(s) because the presence of these medications in the body may have affected the outcome of the test. 1. An employee or a job applicant who receives a positive confirmed test result may, within five (5) working days, submit information to the Director of Human Resources & Risk Management, with copies to the Union and Police Chief, explaining or contesting the test result and explaining why the test result does not constitute a violation of the City's policy. 2. If the explanation or challenge of the employee or job applicant is unsatisfactory to the City, the City will provide a written explanation as to why the employee or job applicant's explanation is unsatisfactory, and a copy of the report of positive confirmed test results will be provided to the employee or job applicant. 3. An employee may further challenge the results of the test in a court of competent jurisdiction or, if the drug was administered due to a workplace injury, by filing a claim for benefits with a judge of compensation claims, pursuant to Chapter 440, Florida -Statutes. 4. If an employee or job applicant contests the drug test results he/she must notify the Medical Review Officer (MRO): Z.'Le Page 84 of 88 TA - PBA TAJ- City PBA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 541 of 716 Donald Bucklin, MD ,193z", UMwA#4UAw& Valencia, CA 91355 Phone: 1-800-340-3810 Beach County Police Benevolent Association Police Officers and Detectives. 44J Page 85 of 88 Qz TA - PBA TJG_City PRA Police Sergeants and City of Boynton Beach -For a Term Ending September 30, 2019 Page 542 of 716 4 This Mutual Consent Agreement is entered into between the CITY OF BOYNTON BEACH, a Florida municipal corporation, whose address is 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435 (the "CITY") and the PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION ("PBA") POLICE OFFICERS AND DETECTIVES, POLICE SERGEANTS, AND POLICE LIEUTENANTS. WHEREAS, the 2015 Florida Legislature enacted legislation (Chapter No. 2015-39, Laws of Florida), hereinafter "Legislation" regarding the use of insurance premium ta.4- revenue WHEREAS, the City has a retirement pension plan and fund for police officers known as the Boynton Beach Police Officers' Pension Fund ("Fund") that exceeds the minimum benefits and minimum standards established by the State of Florida for public employee firefighter pension plans as set forth in chapter 185, Florida Statutes; and 03741THIM-1 4PUMTZ-4131 W114"In ER01 off NOW THEREFORE, the City and Unions agree as follows: 1. The foregoing Whereas clauses are true and correct. 2. The total of sixty thousand dollars ($60,000) of IPTR whether base premium tax revenue or additional premium tax revenue, received by the City will be used to reduce the City's unfunded liability to the Boynton Beach Police Officers' Pension Fund. These funds will be provided to the City in $30,000 increments by November 2017 and November 2018. 2. This Consent Agreement takes effect when signed by PBA and City. Page 86 of 88 00 TA - PBA W< - city PRA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 543 of 716 f, A Lori LaVerriere, Ci anager )N BEACH POLICE OFFICERS AND DETECTIVES, POLICE SERGEANTS, AND LIEUTENANTS ent 0 MIA IM " * uln-T11P.WTA r Page 87 of 88 ;FA PBA— PBA Police Sergeants and City of Boynton Reach - For a Term Ending September 30, 2(779 Page 544 of 716 Agreed to this . day of by and between the respective Parties through the authorized representatives of the PBA and the City. QU I Eel pi 1,11:110,1XVIII "PI LID WMI111M FIN N to — ................................. Witness P P P 011 11KII. XON 01 EMZ= Date— -,— ------------------------- a-17 By: --- Mayor - Stev-en G—rAa City Manager Date Page 88 of 88 TA — PBA T Ci PRA Police Sergeants and City of Boynton Beach - For a Term Ending September 30, 2019 I Page 545 of 716 1` R R ! MA".1mow," Page 546 of 716 ARTICLE PAGE NO I Preamble 4 2 Recognition and Notice 5 3 Non -Discrimination 6 4 Dues Deduction 7 5 Union Business 8 6 Bulletin Board 9 7L Temporary Assignment 10 81, Vacancies and Probation 11 9 Management Rights 12 10 Advisory Committee 13 11L Outside Employment 14 12L Rate of Pay 15 13L Seniority 16 14L Call -Back Pay 17 15 Uniforms 18 16 Physician Services and Immunizations 20 17 Group Insurance 22 18 Leaves 24 19 Holidays 28 20 Funeral Expenses 30 21 Equipment Maintenance & Safety 31 22 Training 32 23L Reserved 34 24 Personnel Records 35 25 Legal Action 36 26 Discipline 37 26B Appeals of Disciplinary Action 39 27 Grievance and Arbitration Procedure 41 28 Reserved 44 29 Reserved 44 30 Personal Vehicles 4S 31 Drug Testing 46 32 Posting 47 33 Complete Agreement and Waiver Clause 48 34 Severability so Page 2 of 75 TA - PBA PRA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2019 TA - City Page 547 of 716 35 Duration 51 36 Take Home Vehicles 52 37 Off -Duty Details (Secondary Employment) 53 38L No Strike or Lock Out 56 39 Pension 57 40L Workers' Comp and Duty Disability 58 41L Qualifications for a Bargaining Unit Position 59 Addendum "A": Drug -Free Workplace Policy 60 Addendum "B": Mutual Consent Agreement 73 Signature Page 75 PBA Police Lieutenants and City of Boynton Beach -For a Term Ending September 30, 2019 T2 City Page 548 of 716 "City" and Palm Beach County Police Benevolent Association, Inc., located in West Palm Beach, Florida, hereinafter referred to as the TBAfor the purpose of setting forth the Parties' Agreements regarding rights, wages, hours, terms, and conditions of employment, and benefits. PRA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2019 QKO T R.-- C - —ity, Page 549 of 716 Yn-eZT77FcTPTzTs-=e ralm beacn Lounty 7-olice benevolent Association ("PBA") as the exclusive 1wrl'tge tan-,ts-"i conditions of employment for the bargaining unit consisting of all full time sworn police officers within the following job classification: Police Lieutenant or as modified by PERC. The term it member" or "employee" will mean any member in the bargaining unit. The PBA recognizes the City Manager, the City's chief executive officer, or her designees as the ,xclusive City representative(s) for the purpose of collective bargaining with respect to the wages, HOREVOURNOMM, 3101�1 I �-., 1 -711111 111= All notices concerning the wages, benefits, and conditions of employment of bargaining employe to the PBA will be addressed to the attention of PBA President with a copy to the PBA Gener Counsel and mailed or delivered to 2100 N. Florida Mango Road, West Palm Beach, FL 33409. changes occur, the PBA will advise the City in writing of the names and addresses of other PB representatives, if any, who are authorized to accept notices from the City. Notice by the City anyone other than those persons designated by the PBA does not satisfy legal notice and is n binding on the PBA. I All notices to the City will be addressed to the City Manager with a copy to the City HR Director and mailed to 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435. If changes occur, the City will advise the PBA in writing of the names and addresses of other City representatives, if any, who are authorized to accept notices from the PBA. Notice by the PBA to anyone other than those persons designated by the City Manager does not satisfy legal notice and is not binding on the City. tb - TA - PBA Uff-T."Ohlam PBA Police Lieutenants and City of Boynton Beach — For a Tenn Ending September 30, 2014 Page 550 of 716 12001 The City will not interfere with the rights of officers to become members of the PBA, and there shall be no discrimination, interference, restraint or coercion by the City, or any City representative, against any officer because of membership or because of any activity in any official capacity on behalf of the PBA. The PBA shall not discriminate against any bargaining unit member who fails to join the PBA, as provided by law. The City and the PBA oppose discriminatory behavior of any nature. The City and the PBA sh work jointly to eradicate discriminatory conduct in the work place. To that end, the City and PBA agree that both Parties have an affirmative duty to act against discriminatory behavior when occurs in their presence or comes to their attention. Discriminatory conduct by an employee c ,nJ result in disciplinary action up to and including termination. Discriminatory conduct means a 3 communication, verbal or non-verbal, which is unwelcome, objectionable, or not acceptabl desired, or solicited and relates to race, sex, color, religion, national origin, handicap, familial statu sexual orientation, age, or marital status. TA - PBA PBA Police Lieutenants and City ofBoyntan Beach - For a Term Ending September 30, 2019 TACiiy— Page 551 of 716 Upon receipt of a notice from the PBA and approved by the City which has been voluntari executehh9l- r • pay due the emalay-m those du TT certified by the PBA. The total amount of deductions shall be remitted each month by the City the Treasurer of the PBA. This authorization shall remain in full force and effect during the term Page 7 of 75 TA - PBA T City PBA Police Lieutenants and City of Baynton Reach - For a Term Ending September 30, 2019 Page 552 of 716 Section 1. Elected PBA representatives who are on duty may be granted paid leave to engage in representation activities on behalf of the PBA or any member as follows: A. Engaging in collective bargaining with the representatives of the CITY. B. Processing of grievances. C. Accompanying a fellow employee when: 1. The employee is required to appear at a hearing related to a grievance. 2. The employee is presenting or responding to a grievance. 3. The employee is subject to questioning and believes (s)he may be disciplined. The City may negate the employee's concern regarding discipline by written confirmation to the officer that (s)he will not be disciplined based on answers provided in the questioning. 4. The employee is attending a pre -determination hearing. The CITY may deny a request for time off if it interferes with productivity or staffing needs. However, the exercise of such right on the CITY'S part shall not allow the CITY to proceed in a manner which deprives the employee of his or her right of representation. A PBA representative employed by the City may be permitted to take unpaid leave to attend functions of the PBA. If the leave results in the City incurring overtime directly related to the absence, the City will not approve the request. ion No employee may engage in PBA business or use City equipment or property while on duty except as referenced in Section 1. Page 8 of 75 TA - PBA TAV City PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 553 of 716 The City will provide bulletin board space; one in the Line Up Room and one in the Investigative W,ervices Section for the exclusive use of the PBA, for posting bulletins, notices and other union material. The Union will supply locldng style bulletin boards. A notice or item placed on bulletin board shall bear, on its face, the legible designation of the PBA responsible for placing this notice or item on the bulletin board. The Union will hold harmless and indemnify the City all claims or actions arising from materials placed on the bulletin board. Page 9 of 75 CkD TA - PBA T Ity PRA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 554 of 716 9�� Section 1. Lieutenants acting in the capacity of Senior Staff Officer shall be paid seven percenj (7%) above the Lieutenant's regular rate of pay during the time assigned as Senior Staff Officer. ake Page 10 of 75 QQ TA - PBA TAC' PRA Police Lieutenants and City of Boynton Beach -For a Tenn Ending September 30, 2019 Page 555 of 716 Section 1. Vacant positions shall be filled by the City through recruitment and selection of " I I I I III I iiiiii I I OF Ili 11== Page 11 of 75 TA - PBA TA City PBA Police Lieutenants and City ofB43ynton Beach - Fora Term Ending September 30, 2019 Page 556 of 716 MANAGB M 1= Section 1, it is the right of the City to determine unilaterally the purpose of its Police Department, set standards of services to be offered to the public, and exercise control and take disciplinary action for proper cause, and relieve its employees from duty because of lack of work or for other legitimate reasons. However, the exercise of such rights shall not preclude have the practical consequence of violating the terms and conditions • any collective bargaining agreement in force. If the City fails to exercise any one or more of the above functions from time to time, it shall not be deemed a waiver of the City's right to exercise any or all of such functions. Any right or privilege of the City not specifically relinquished by the City in this Agreement or limited by law shall remain with the City. aac� Page 12 of 75 TA - PBA - TA9City PBA Police Lieutenants and City of Boynton Beach -For a Term Ending September 30, 2019 Page 557 of 716 ADVISORY COMMI2= Section 1. By mutual agreement between the City and the PBA, they may establish a join! committee. The PBA membership shall consist of persons designated by the PBA from within the Section 2. This committee may meet as needed by mutual consent, and meetings may be held between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday or at another mutually agreeable time. If a meeting is held during working hours of an employee participant, said of regular working hours shall not be deemed as time worked and participants will not receive additional pay or leave benefits. Section 3. Attendance by other than members of the PBA and City Administrative Officers will of the Chief of Police. PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2019 � =0 Page 558 of 716 Section 1. An employee may engage in outside employment, (including off-duty detail or self-employment) with the approval of the City Manager and with the understanding that the employee's primary duty, obligation and responsibility is to the City. Outside employment shall not be permitted when the City Manager determines that such outside employment would result in a conflict of interest, interfere with the employee's City work schedule, or otherwise be a conflict with the employee's employment with the City. To request approval, an employee should: (a) File an "Outside Employment Request Form & Affidavit" with the Human Resources Department. The employee must notify the Human Resources Department of changes in conditions of any outside employment. (b) Make arrangements with the outside employer to be relieved from duty if called for work by the City. (c) An employee must report all injuries sustained during any outside employment to the employee's supervisor at the City prior to the employee's next scheduled work day at the City. An employee's failure to report an injury sustained during outside employment shall be grounds for corrective action. a� Page 14 of 75 TA - PBA TA�- Ci PRA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 559 of 716 Effeclva.& Ier 1 -Z*,1- F,?,V-kWxL-"- C 17,14111,1 MR -MUM IMITH1110111 * W 1 -1 II., Al"M =$-41571010111I WIMA Win De paja in the second check of the month following the employee's anniversary date as a Sworn Police Lieutenant with the department. I' 11 11 1 1,, 1 1 K W, I N , 1 11 W1111!11111111i �k. 1AMMEAMMi On the anniversary date as a Sworn Police Lieutenant with the department occurring on or after October 1, 2017, an employee will receive a lump sum payment of $2,500.00, which will be paid in the second check of the month following the employee's anniversary date as a Sworn Police Lieutenant with the department. No employee will receive a base wage increase that will take their base pay over top out pay. On the anniversary date as a Sworn Police Lieutenant with the department occurring on or after October 1, 2018, an employee will receive a lump sum payment of $2,500.00, which will be paid in the second check of the month following the employee's anniversary date as a Sworn Police Lieutenant with the department. No employee will receive a base wage increase that will take their base pay over top out pay. ZOOM PRA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 560 of 716 Section 1. Seniority shall be computed from the date of promotion. If two (2) lieutenants have the same date of promotion, the date of initial promotion to the rank of Sergeant with the MQ011111401NI . 4 Section 2. Seniority shall accumulate during all authorized leaves. , if r.r• Section 4. The City shall have the right to determine the number of lieutenants assigned to each division and each shift. Section S. For lay-offs and other non- disciplinary reductions in personnel, Police Lieutenants will displace lower ranking officers in the event that the department is required to lay-off personnel. An example would be: if a police lieutenant's position is to be abolished, the incumbent with the least seniority in the position of lieutenant would displace a Police Sergeant, who would displace a Police Officer, who would displace any probationary or provisional or temporary, or be separated as the case may require. Section 6. Bargaining unit members who are demoted, voluntarily or involuntarily, will regain the rank from which they were promoted. W.1ma M-MEMM - QCD TA -'City PRA Police Lieutenants and City of Boynton Beach -For a Term Ending September 30, 2019 Page 561 of 716 Section. 1. The Union and City agree that each Bargaining Unit member is an exempt status employee under FLSA, not eligible for overtime payments Section 2. Employees will be called back to duty on the basis of seniority in the rank (M lieutenant. M MWEIM ZMEOM PRA Police Lieutenants and City of Baynton Beach - For a Tenn Ending September 30, 2019 00 T9 City Page 562 of 716 ARTICLEJ5 Section 1. The City will provide up to three (3) full uniforms per year and shoes every six (6) months on an as -need basis. Purchase of shoes shall be limited to $150.00 per pair. The City will VA� . . . . . . . . . . . . . . . . 'Ry'lV11VAT; V1Prw-'T1T-XFM M1 -criate as determine,? by the Chief, and if adequate funds are available in the City Budget. The Detectives and other members of the bargaining unit assigned to plain clothes duty will receive, in lieu of uniforms, for clothing used at work, up to a total of $1,600.00 a fiscal year, limited to $400.00 installments at the end of each quarter and pro -rated as appropriate. For bargaining unit members assigned to plain clothes duty, who receive clothing, i.e. polo shirts, to wear in the performance of their duties, will have the cost of such clothing deducted from the $400.00 in the quarter following the date such clothing was ordered. Section 2. Reimbursement, replacement or repair of personal clothing and equipment will be according to current department policies and procedures. The replacement will require the approval of the Chief of Police. The Detective or Uniformed Officer claiming a replacement will be required to include, with his/her claim, an explanation of the circumstances of the damage and appropriate reports concerning the incident where damage to his uniform took place. This assigned to plain clothes duty for more than three (3) months at a time will receive clothing 11 1111111111111!1111 111 . , . Ili '��x;lrllly I . Will RMIM �4_ fl I&I K. I Section 3. The City will bear the cost of cleaning ten (10) issued uniform pieces per week for the contract year. The City shall notify those employees that are eligible, to take their uniforms only to the approved dry cleaning establishment in Boynton Beach selected by the City. Detectives and other members assigned to plain clothes will be given a cash cleaning supplement equivalent to the cleaning benefit provided to uniform officers. This will be paid at the end of each quarter of the Ili I I I !I I I �MiRiii i SEEM= 071,� PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 563 of 716 Section 4. Body Cameras: An Advisory Committee met to discuss the use of body cameras. The City and Union agree to re -open this section of the contract at the request of the City at any time during the contract in order to formalize language surrounding the use of body cameras. M MEMO Page 19 of 75 Op TAR City PBA Mice Lieutenants and City of Boynton Beach -For a Tenn Ending September 30, 2019 Page 564 of 716 1 � , , J * i'V,V 21443MRX A "'UMM 11,711 �1� I'd I'M", 12,1K A. The City shall provide a thorough annual physical examination, for each bargaining unit member of the Police Department. Appointments for those examinations will be made by the Police Department administration and will correspond with the employee's on -duty time. B. It is the responsibility of the employee to ensure that the physical exam, as noted in Section 'A", and all necessary follow-up testing bZ completed in a timely manner, as scheduled. Failure to do so, due to the importance of certification of fitness for duty, will result in the employee being placed in an unpaid leave status until such time as the full exam C. Pursuant to the Florida Worker's Compensation Act, F.S. 440, as amended from time to time, and the Law Enforcement Heart and Lung Bill, F.S. 112.18, as amended from time to time, expenses related to diagnostic testine for an eMDlovee's 'fitness for retury to duv,. 3-ue M a duty -connected injury or illness will be the responsibility of the City. Section 2. The City shall provide for any immunizations or medical treatment as needed for protection from cuts or exposure to disease suffered in the line of duty. A. The City shall bear the cost of lead testing for the Range Instructol B. The City will provide for AIDS and Hepatitis screening in instances whe a member is exposed to situations or persons presenting a biologicl contamination threat. Page 20 of 75 TA - PBA T� %City PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 565 of 716 A. The City shall provide an immunization schedule during the life this Agreement for all bargaining unit members as a means of protectio from the following: B. Hepatitis - Type B. Members who refuse to be immunized -ATFN=1 later contract --hat disease shall not be presumed to have contracted the disease while ♦ duty. C. Hepatitis - Type A: Offered to all members of the bargaining unit covered by this agreement. Members who refuse to be immunized for Hepatitis Type A and who later contract that while on duty. t. The City shall offer flu shots for all members as a means of protection Section 4. It shall be mandatory for the City to notify the employee when documentation exists such documentation is brought to the attention of the City. If an employee contracts a communicable disease as listed in Section 112.181 of the Florida Statutes-as,-?.wLe--rdPjL#-w jLhw-ejm time, then it shall be presumed that the employee contracted that disease while on duty, except as stated in this Article, Sections 3-13 and 3-C. Record keeping and notification of known exposures shall be as required by Chapter 112.181 Florida Statutes, as amended from time to time. __TA i qty PRA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 566 of 716 M-011"imm SectiQn 1. Medical, Vision and Dental Insurance Effective October 1, 2015, the sole medical benefit plan available to employees will be a High Deductible Health Plan (HDHP). The City shall pay the total HDHP medical, vision and dental insurance premium for all bargaining unit members while employed by the City. The members will [tay the full cost of HDHP medical, vision and dental insurance for their dependents. 1. The City will provide opportunities to convert an annualized total of up to one thousand dollars ($1000.00) of any combination of sick and vacation time at th-. 100% conversion rate to help fund their HSA. This conversion can be done during the follow times: 2. November 1, 2016 - November 30, 2016 (any amount up to an annualized total of $1000.00) April 1, 2017 - April 30, 2017 (any amount up to an annualized total of $1000.00) For purposes of this Article, "annualized" means plan year October 1, 2016 through September 30, 2017. Year Two (October 1, 2017 - September 30, 2018) and Year Three (October 1, 2018 - September 30,2019): The City and the Union agree to reopen this Article in July of each contract year if any of the following conditions are met: Page 22 of 75 Qp TA - PBA PBA Police Lieutenants and City ofBoynton Beach -For a Term Ending September 30, 2019 Page 567 of 716 a) The premium cost for dependent coverage increases by more than siN percent (6%). it A type of plan other than a High Deductible Health Plan will be offered c) The deductible amounts for the High Deductible Health Plan increases. d) If the City's Employee Health and Wellness Center is not operational by April 1, 2017. Should none of the above-mentioned conditions be met, then the City and Union 5 -action 2. Life Insurance premium paid by the City. Section 3. The City shall pay the premium for a Fifty Thousand Dollar ($50,000.00) life insurance policy to all bargaining unit members at no expense to the employee. The policy shall bear a double indemnify provision for death occurring in the line of duty. This shall be in addition to any other benefits required by State or Federal law. PRA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 568 of 716 A. All employees will follow the following vacation schedule: Years of&rvic c Vacation ours I year 96 2 years 120 3 -years 120 4 years 128 5 years 136 fi'yumrs 144 7 -years 152 8 years 160 9 years 168 ,10 years 176 11 vears 17fi 12 vears 176 13 vears 176 14 vears 176 15 years 176 16 vears 19-2 17 years 192 18 vears 192 19 years 192 20 years 192 21 vears & after M B. Vacation requests may be submitted from 14 - 45 days in advance for vacation. In the event of conflicting requests for vacation dates, the senior member request shall prevail if it was submitted thirty (30) days prior to the date or dates requested. Vacations of two days or less may be made with twenty-four (24) hours advance notice or less. All other requests submitted less than 30 days shall be on a first come first serve basis regardless of seniority. PEA Police Lieutenants and City of Boynton Beach -For a Term Ending September 30,2019 Page 569 of 716 W. Effective June 2, 2015, the provisions of the City's Management Package for additional vacation hours no longer apply to the 1- ! aunit. (8) hours per month. The use of sick leave will be in accordance with the Personnel Policy Manual and Police Department Rules and Regulations, as applicable. Each bargaining unit member covered by this Agreement is eligible to receive one bonus iI �-6 g I&C 7, 1 Hj-r;14* TTr 1; calendar quarter that the bargaining unit member has not used sick time, family absent from work or on leave other than non-FMLA vacation, scheduled sick, Bonus days shall be B. Employees who have more than one hundred twenty (120) hours of sick leave that they will accrue by September 30th of any contract year may convert 50% of the excess over one hundred twenty (120) hours to a cash straight time payment not to exceed one hundred (100) hours. The request for this conversion must be received by the City's Finance Department between August 1st and September 1St. This conversion payout will occur by September 30th. C. Sharing Sick Leave --i3ttiti— PBA Police Lieutenants and City of Boynton Beach — For a Term Ending September 30, 2019 Page 570 of 716 1. The City will permit an employee to donate accrued sick leave time to 2nother employee whenever extraordinary circumstances require the designated emiylogy,-ee to be absent from work for a length eriod of time when that_e! -pee rias exhausted all accrued sick leave and vacation leave. 2. Extraordinary circumstances shall be defined as lengthy hospitalization, zxtended illness, or injury, of the member or the members immediate family. hours prior to the appointment when possible. E. No member shall be placed on restricted sick leave unless that member has had M counseling session, with at least a Watch Lieutenant (Lieutenant rank only). During that counseling session, the member will be informed of the reasons he or she is being considered for restricted sick leave. At that time, the member will be given an opportunity to explain the sick days taken. When a member is placed on restricted sick leave, the member will be notified in writing of that fact. A unit member placed on restricted sick leave shall be re-evaluated in six months. if not re-evaluated within ten working days after the six month period the unit member will be removed from restricted sick leave. No employee shall be subjected to "house calls" by supervisors or their designees unless they have been placed on formal restricted sick leave or a up the chain of command. Section 3. Personal Leave Each member is granted and may use forty-six (46) hours of paid personal leave. Personal Leave for employees hired after ratification will be prorated. Unused Personal Leave will not be carried over from year to year, will not be paid if not used, and will not be paid out upon separation of Page 26 of 75 TA - PBA TA - ity PBA Police Lieutenants and City of Boynton Beach -For a Term Ending September 30, 2019 Page 571 of 716 employment. Personal time is to be scheduled in the same manner as vacation. This benefit sunsets at the termination of this Agreement Compassionate Leave: In the event of the death of the mother, father, foster parents, brother, sist husband, wife, registered domestic partner, son, daughter, grandparents, grandchildre mother-in-law, father-in-law, sister-in-law or brother-in-law, grandparents of spouse and a permanent leave not to exceed three (3) consecutive shifts for any one death. However, if it is necessary for t t employee to leave the State in connection with the internment of the deceased, five (5) consecuti shifts shall be allowed. Employees must verify attendance in writing, in order to be eligible for th article. The City Manager may grant additional leave under this section, except that such addition] leave shall be debited against the employee's accrued sick or annual leave. NUTIM�R __JC;it_Y__ PRA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 572 of 716 Se ion 1. Bargaining Unit Members will receive Holiday Pay in the following manner: A. The second paycheck in October, members will receive 90 hours straight time Holiday Pay at current rate of pay on check date. This payment is for the following holidays: o Veterans' Day o Thanksgiving Day o Day After Thanksgiving o Christmas Eve o Christmas Day o New Year's Day B. The second paycheck in January; members will receive 75 hours straight time Holiday Pay at current rate of pay on check date. This payment is for the following holidays: o Martin Luther King, Jr. Day o Presidents' Day o Memorial Day o Independence Day o Labor Day Section 2. Bargaining Unit Members must be actively employed on the paycheck date in order to receive the Holiday Pay in Section 1. Section 3. Bargaining Unit Members who leave employment must pay back any holidays for which they were paid but were not employed on date of holiday. This payment will Page 28 of 75 TA - PBA TAQ City PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 573 of 716 I, I 1! 11 TrarIM-047mli holiday was paid. Section 4. New Hires will receive Holiday Pay on a pro -rated basis on the first paycheck of tIM, month following date of hire. The proration will be calculated as follows: for only the holidays in Section 1A that occurred while (s)he was actively 33= B. If hired between January 2nd and September 30th, (s)he will receive Holiday Pay for only the holidays in Section 113 that occurred while (s)he was actively employed. Section S. There is no additional pay, premium or otherwise, for time worked on City -observed or actual holidays. Section 6. There is no pay, premium or otherwise, to Bargaining Unit Members who do not work on City -observed or actual holidays. M PRA Police Lieutenants and City of Boynton Beach — For a Term Ending September 30, 2019 TA City Page 574 of 716 VINVIIIJIM, SB-dion 1. The City will make a payment of $15,000-00 to the beneficiary of bargaining unit employees considered by law to have expired in the line of duty. Section 2. All employees shall, on a form to be supplied by the Chief of Police or his authorized representative, designate by name and address, the individual to whom such funds are to be paid. PBA Police Lieutenants and City of Boynton Beach - For a Tenn Ending September 30, 2019 C�O - TAJ- City Page 575 of 716 Bargaining unit members accept the responsibility for checldng vehicles prior to use and for I f --YT _YW F6 J1111q11!,Cg e I ITT F 562: 6LIC(Clilbil will make a judgment call concerning the need for immediate repair prior to use. If the Bargaining Unit Member does not agree with the immediate Supervisor he/she may ask that the next level of of the equipment and the appropriate action to take at that time. k4— Page 31 of 75 TA - PBATA -City PRA Police Lieutenants and City of Boynton Beach -For a Tenn Ending September 30, 2019 Page 576 of 716 Section 1. All training required of the officer by the Police Department when off duty will be compensated at time and one half, except for training or travel activities that are off site and considered to be seminars. conferences, and special jgrograms where elgenses incurred are 12aid for by the City. Section 2. Weapons Training The content and course of weapons training will be established by the Chief of Police Each member will be allowed three opportunities to meet prescribed qualification standards. If the officer does not qualify in three attempts, they will be required to qualify on their own time and expense to remain eligible for employment as law enforcement officers. M A. The City will provide for those members who attend colleges and/or universities an incentive of reimbursement for tuition and books, subject to budget appropriation, based upon the grade received for that class. The member is to pay for the tuition and books and be reimbursed, at state college/university rates. Reimbursement rate percentages are as follows: "A" equals 100% of tuition and books "B" equals 75% of tuition and books "C" equals 50% of tuition and books College and/or university programs must be initially approved by the City Manager and must be a part of a program leading to an acceptable Associates, Bachelor or Master degree with a curriculum directly related to the Police profession. The Chief 13TOW1 PBA Police Lieutenants and City of Boynton Beach - For a Tenn Ending September 30, 2019 TA City Page 577 of 716 ,MEZO�� B. The City shall pay tuition and books reimbursement even if a course is not part of a program leading to a degree providing that the course is job related and MM= benefit are subject to income tax withholding. The IRS allowable calendar year tax- free amount for January 1, 2016 through December 31, 2016 is $5250.00. The IRS may adjust this amount each year. Section 4. The City shall reimburse for authorized expenses associated with training and special schools attended by the officer through approval of the Department. &� Page 33 of 75 QQ TA - PBA TA -City PRA Police Lieutenants and City of Boynton Reach - For a Term Ending September 30, 2019 Page 578 of 716 PBA Police Lieutenants and City of Boynton Beach -For a Term Ending September 30, 2019 90 TA - City Page 579 of 716 Section 1. A personnel file for all City employees is maintained by the City's Human Resource� Department. Employees may inspect and obtain copies of personnel files in accordance with Florida Law, Section 2. Internal affairs investigatory files will be maintained in accordance with Fl. State Section 3. All bargaining unit members covered by this Agreement must be notified within 24 hours of the request in writing (E-mail is acceptable notification) when someone other than a City employee requests to review the bargaining unit members' personnel/I.A. file, unless the file is being inspected by a governmental agency (including IRS), or state attorney, in the conduct of a lawful criminal investigation when confidentiality of the investigation is requested. PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2019 TA -City Page 580 of 716 "AMM 111 against any civil damage suits wherein said member is a named party and wherein the allege M - damages were allegedly caused by the actions of said member while acting within the scope I Section 2. The City will indemnify all members against judgments for compensatory damages entered against them as a result of their actions to the extent that the City is found liable for such actions. Section 3. Article. Section 4. The City will select the Attorney who is to defend the employee relative to this PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2019 TA - ity Page 581 of 716 "A"J'ANT" Section 1, The Parties recognize that the interests of the community and job security of the to the community. To this end, the City and the PBA encourage to the fullest degree, behavior which M Section 2. No bargaining unit member shall be disciplined except for cause. Progressive, consistent, and appropriate discipline will be administered according to the seriousness of the offense, the first action may be at any appropriate level including dismissal. A. Written Reprimand B. Suspension Without Pay C. Demotion D. Dismissal Sec tion . Any bargaining unit member who has been promoted consistent with and pursuant to Article 7 herein who, thereafter, is demoted shall be returned to the position and shift he or she occupied immediately prior to the promotion or to a position and shift consistent with his or her seniority as a sworn officer with the Police Department, whichever is more favorable for the member. Personnel re-entering the bargaining unit as provided above shall be placed in their respective Step Pay Plan based upon their completed years of sworn service with the City of Boynton Beach Police Department at the time of demotion. Page 37 of 75 TA - PBA TA- ity PRA Police Lieutenants and City of Boynton Beach -For a Term Ending September 30, 2019 Page 582 of 716 Section 4. No Employee shall be subject to major discipline without first being afforded a pre- determination conference with the City Manager. No pre -determination conference shall be conducted with less than ten (10) calendar days'notice to the Employem I�WIIRMITIURVII RVIIII 1" ""WRIMI ! M Section 6. Members will be ineligible to work off duty details during any calendar day on which they are observing a suspension. Section 7. The City will provide notice to the PBA when it an completes an investigation of bargaining unit members that could result in disciplinary action or when an employee is given a MEE= L4_ Page 38 of 75 A- PBA T PBA Police Lieutenants and City of Boynton Beach - For a Tenn Ending September 30, 2019 Page 583 of 716 APPEALS OF DIEOPLINARYAC IM MAJOR DISCIPLINE is a: termination, demotion, or suspension without pay of more than sixteen (16) hours. MINOR DISCIPLINE is a: 0 written reprimand, Appeals of disciplinary action shall be handled as follows: MAJOR DISCIPLINE: Major discipline may be by appeal to an arbitrator, by using the same procedure for appointment of an arbitrator as set forth in Grievance Article above. The Union may request review of the discipline by the City Manager provided it does so before the fifteen (15) day time limit for requesting arbitration. If a meeting is requested, the fifteen (15) day time limit for requesting arbitration shall be abated. The request for appointment of an arbitrator must be made in writing within fifteen (15) calendar days of notice of the City's disciplinary action or review by the City Manager is completed is review by the City Manager was timely requested. The arbitrator may sustain, reverse, or modify the discipline set by the City Manager. The decision of the arbitrator is final and binding on the parties. If the arbitrator reverses the discipline in its entirety, the Employee will be made whole. Any and all procedures regarding arbitration which are not specifically set forth in this Section shall be governed by Article 27, Sections 4 through 9. The Page 39 of 75 TA - PBA TA - City PBA Police Lieutenants and City of Boynton Beach - For a Tenn Ending September 30, 2019 Page 584 of 716 Y1F=J"7M 01, To Ene rignts or Tne 1artie3 to confirm, clarify, or set aside the award as set forth in the Florida Arbitration Cote. Written reprimands may not be appealed but the Employee may submit a written respons'.- provided the response is submitted within fifteen (15) days of the written reprimand. If a written response is submitted bN the the Employee's personnel file. Suspensions without pay of sixteen (16) hours or less may be appealed to the City Manag whose decision shall be final. An appeal shall be filed in writing within fifteen (15) days of notice the suspension without pay. The City Manager shall render a decision within twenty (20) days the appeal. The City Manager's decision may be to sustain, fully reject, or lessen the discipline. T City Manager or her designee will conduct interviews with the grievant, departmental staff, members of the bargaining unit as part of his/her review of the discipline. Page 40 of 75 PBA Police Lieutenants and City of Boynton Beach -For a Tenn Ending September 30, 2019 Page 585 of 716 NAWN ��Illff WIMMIJ111101VIRUIR Section 1. A grievance, as used in this Agreement, is limited to a complaint or request of q bargaining unit member or the PBA which involves the interpretation or application of, or compliance with, the provisions of this Agreement. Appeals of disciplinary action are rl -- Section 2. Grievances concerning working conditions not specifically covered by the terms and provisions of this Agreement shall be subject to the grievance procedure up to, but not including, M Section 3. In the event a grievance should arise as to the interpretation or the application with in the following manner. Any grievance not answered by the City within the time limiUt III 1! 11111 lit'll; 11 Ilk'* l� [I! i •• 4 . 133EM =- The aggrieved employee or an Association representative shall present the grievance or dispute in writing setting forth the facts with particulars and the remedy sought, within ten (10) working days (Monday through Friday) of its occurrence or knowledge thereof, to the Chief of Police. The Chief of Police shall reply in writing within ten (10) working days (Monday through Friday) of receipt of the grievance or dispute. If the Chief of Police shall fail to respond in writing the grievance is presumed to be denied and the employee or an Association representative may move to the next step. If the Chief of Police replies and the aggrieved party or the PBA is dissatisfied, then the grievance may be submitted to the City Manager within ten (10) working days (Monday 01-malm PRA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 586 of 716 through Friday) of receipt of the Chief of Police's reply or when a reply was due, if none 77 submitted. The City Manager shall reply within ten (10) working days (Monday throu Friday) of receipt of the grievance or dispute. If the City Manager shall fail to reply writing, the grievance is presumed to be denied and the employee or an Associati representative may move to the next step. I If the grievance has not been settled by Steps 1 and 2, the PBA or the City may request RA h .. i,,on within fifteen '115t working da,&sj-MDnd%,A through FridaLT4�_ �receii-f�"79 Manager's reply or when a reply was due, if none is submitted. The PBA request must be timely filed with the American Arbitration Association (AAA) or Federal Mediation and with a co3w to the City Manager. The rules for conduction the arbitration will not be the rules of AAA or FMCS unless agreed to by the City and PBA, but will be governed by the terms of this Agreement. Section 4. By agreement of both Parties, a meeting will be held at any step of the grievance RIM= Section 5. The arbitrator will be selected by mutual strike, with the Grieving party striking first Each Party has a one-time right to strike the entire panel. After an arbitrator has been Section 6. Briefs, if any, must be filed with the arbitrator no later than thirty (30) days after the close of the Hearing or after receipt of the transcript, if a transcript is requested. tion 7. A transcript of the proceeding will be made, unless waived by both Parties. The cost, including the arbitrator's copy, will be shared equally by the Parties with the PBA share not to exceed $500.00. -k- TA - PBA M4 "0 PRA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2019 TA - Eity Page 587 of 716 Section 8. The arbitrator shall render an Award within thirty (30) days of receipt of the briefs, if any, or of the transcript if Parties have agreed to submit the transcript in lieu of briefs. Section 9. The PBA and the City shall each bear its own expense in the arbitration proceedings, except that both Parties shall share equally the fee and other expenses of the arbitrator. Section 10. A probationary employee may not grieve any matter concerning assignment, or discharge for reasons of failure to meet performance standards. Section 11. Settlement of grievances prior to the issuance of an arbitration award shall not MINIM" I '1 1, ff P I I IMM . A, .. . TMIMMMOM"Ad -1 Section 12. Whenever a grievance is general in nature, in that it applies to two (2) or more III 1L&k1g'_M0UaWTJ1I may be presented in writing directly at Step 2 of the Grievance Procedure within fifteen (15) working days of the occurrence or knowledge of the occurrence or matter giving rise to the grievance. The grievance shall be signed by the aggrieved bargaining unit members or a PBA representative on behalf of all aggrieved PBA members. Page 43 of 75 TA — PBA fA - �ity PRA Police Lieutenants and City of Boynton Beach -For a Tenn Ending September 30, 2019 Page 588 of 716 Page 44 of 75 TA - PBA _. TA - ity PBA Police Lieutenants and City of Boynton Beach -For a Term Ending September 30, 2019 Page 589 of 716 UIM1111911 'ONAS VEHICLES Section 1. When an employee is required to use his/her personal vehicle in the performance of police duties, said employee shall be reimbursed a mileage rate as established by City resolution, excluding mileage traveled to and from the normal work location. Section 2. For the purpose of this Article, the performance of police duties shall include attendance at court, depositions, administrative hearings, conferences with City officials, schools Page 45 of 75 TA - PBA TA PRA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 590 of 716 DRUG TESILNG The City is a Drug Free Workplace and has established a Drug Free Workplace Policy. Bargaini Unit employees are subject to random, reasonable suspicion, and post -accident drug testing. Pos ?cci,fexttestixg?A,?y4,ere�#,mire;f)rya—c,m7,e2a.,is,i-,riiiacc,F,r,laiscei,ilt't.ryIes.2,2r,Xrt.yz,,iYythc,Ciry, �J" the PBA. The City supports random drug testing for all bargaining unit members. The City rese to itself the power to order employees to submit to reasonable suspicion or random drug testin subject to compliance with the testing/sample handling procedures as set forth in Florida Statu and the Florida Administrative Code, as referenced in the CiVs Drug Free Workplace Policy. T City agrees to use a State certified laboratory for all drug testing. The Drug Free Workplace Policy approved by the City and the PBA is attached as Addendum "A." PRA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 591 of 716 R"'kI Tacancies in positions or assignments will be posted in-house no less than fifteen (15) days beforme the application deadline for the position or assignment. Anyone applying for a posted position :FAust ikeet tke vA tke Ff ptag; fix exam7k, while the a7,X]icant may ivtitltz eligible at the time his/her application is submitted, if the applicant will satisfy all of the qualifications by the final day of posting, the application shall be accepted and considered. Page 47 of 75 TA- PBA TA -City PRA Police Lieutenants and City of Boynton Beach - For a Tenn Ending September 30, 2019 Page 592 of 716 I'll I'll Wff, Section 1. This Agreement is the complete Agreement between the parties, cancels all prior practices and agreements, and, except as expressly provided for herein, relieves the parties of the Section 2. There is no past practice which results in a monetary benefit except as set forth expressly in this Agreement. Ail bargaining unit members are covered under the terms of this Agreement, Departmental Rules and Regulations and the Citys Personnel Policy Manual and of under any Civil Service Rule/Regulation and heretofore in existence. When the City or Police Department intends to modify Department Rules and Regulations or the City's Personnel Policy Manual the City will provided written notice to the PBA. The notice Will include a description of the change and an implementation date which shall be no less than 45 days from the date of notice. If the PBA believes that that modification constitutes a change to wages, benefits or conditions of employment, PBA will have 10 days from date of notice to )F,?r;y2fttiojg mkiop Vraf& affects the rights of its members. The PBA response shall include 3 dates and times when the PBA is available to meet with the City to discuss/bargain the modification, excluding dates in the first 10 days following the PBA request, When bargaining is requested, it shall begin no less than 10 days following the PBA's request and shall be concluded within 14 days following the first bargaining session. Unless otherwise agreed to by the City and PBA during their bargaining, the modification will take effect as initially announced by the City, subject to the PBA's right to continue impact bargaining. This provision is not a waiver, restraint or limitation on the City's management right to determine unilaterally the purpose of its Police Department, set standards of services to be offered to the public, and exercise control and discretion over its organization and operations. All reference to days in this u4L' Page 48 of 75 0Z TA - PBA ity PRA Police Lieutenants and City of Boynton Reach -For a Term Ending September 30, 2019 Page 593 of 716 Section 3. Nothing in this Agreement shall be construed or interpreted as a waiver of the PBA's right to request bargaining or impact bargaining. Section 4. Nothing in this Agreement shall be construed or interpreted as a waiver of limitation on the City's management rights. Page 49 of 75 TA - PBA -FA9City PRA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 594 of 716 Section 1. If any provision of this Agreement is found to be invalid by any courts having jurisdiction in respect thereof, such findings shall not affect the remainder of this Agreement, and Section 2. In the event of such finding the Parties will meet within thirty (30) days to begin negotiations of a replacement Article or Section. PRA Police Lieutenants and City of Boynton Reach -For a Term Ending September 30, 2019 Page 595 of 716 AlInCLU-i 6nTR=g-Lm-EanII the City Commission and shall remain in effect until September 30, 2019. No base wage increase, step, cost of living or other compensation adjustments, except increases resulting from an Page 51 of 75 TA - PBA TA�- City PRA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 596 of 716 TAKE HOME VEHICLES Agreement and to purchase as reasonably possible the number of vehicles sufficient to supply eligible members of the bargaining unit. Section 2. A Member is eligible for a take home vehicle if the Member has three (3) years of I � I i i I I! I I i i I i I I II! k I � � I i:, ffff�M 1, 11 � I � I I MEE= Section 3a Vehicles will be assigned on the basis of seniority (by ID number), with seniority bumping rights for Members transferred to patrol. Assigned vehicles are not for personal use but for work only. Section S. A member who lives beyond the twenty (20) mile radius described in paragraph. -O above will be assigned a specific vehicle from the pool but may not take his/her car home. lje4� Page 52 of 75 TA - PBA TA Kity PRA Police Lieutenants and City qfBoynton Beach - For a Term Ending September 30, 2019 Page 597 of 716 in this Article. FZ M I WITITUMT3, 71 1 1=0 11" Em I a op V. r4MW0W#Fr@ -T. the officer will be set by the PBA, but no less than $35.00 per hour with a three (3) hour minimum. Current Rates: Regular Days: Vendor Bill Rate: $42.00/hour Officer Rate: $35.00/hour City Admin Rate: $ 7.00/hour Holiday/Premium Days: Vendor Bill Rate: $52.00/hour Officer Rate: $45.00/hour City Admin Rate: $ 7.00/hour Holidays and Premium Days Include: New Year's Eve New Year's Day Super Bowl Sunday Easter Sunday Memorial Day Independence Day Labor Day Halloween Thanksgiving Day Day After Thanksgiving (Black Friday) Christmas Eve Christmas Day Page 53 of 75 TA — PBA city PBA Police Lieutenants and City of Boynton Beach - For a Tenn Ending September 30, 2019 Page 598 of 716 IMMI! I I NPV� MIM111 11111111 11111111 111 IF 111 11111111 1111111 11111111111 1111111111111 Pill 111111111", � 1111111 iiiiiii� 111111 v '' III M ===- 0 TOMFIRTOTMOTWetrof M - party employer. However, police officers on off-duty details shall be permitted to utilize a City police uniform, radio and vehicle. For such usage, the City shall receive $7.00 dollars per hour for Details shall be assigned only to those officers who are off duty and no officer shall accept any 7 11 111 II I I i: iI I T I I IF I IIII: E I I R I � ITIMME= on -duty activity. Holm MORM BB Pension Code: Compensation or salary. The total cash remuneration including lump sum paymentsfor accumulated sick and vacation leave and "overtime"paid by the primary emplRyer to a police officerfor services rendered, but not including any1 ayLnjgnfs_fQr extra the police officer by the secQnd LaM employer. 1,4 Page 54 of 75 OP TA — PBA TA LJCity PBA Police Lieutenants and City of Baynton Beach - For a Term Ending September 30, 2019 Page 599 of 716 Any police officer who is on sick leave, workers' compensation or working light duty will not work any off -duty detail during that period. Any police officer on leave due to disciplinary matters shall not work off-duty jobs during the period of that suspension or removal from active duty. Any police officer may not work more than 24 hours of overall off-duty details during any 7 -day work period. Exception would be when officer is on vacation (minimum of 40 hours leave) then the 24-h1ur limitation maybe exceeded. PON, Mi. I I I I I 1 11 4 1 1 1 1 0 All Bargaining Unit Members assigned to cover special details may report directly to their assignment without prior checking in or out at the police station, but must advise a supervisor personally or by radio. Bargaining unit members assigned to a special detail shall comply with all current department policies and procedures in effect. Page 55 of 75 TA - PBA _FA�Fity PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 600 of 716 rj]Rjf��T Section 1. "Strike" means the concerted failure to report for duty, the concerted absence Sergeants from their positions, the concerted stoppage of work, the concerted submission I resignations, the concerted abstinence in whole or in part by any group of Sergeants from the full and faithful r;-.erformance of their duties of em[�*Io�!Ascent with the C4-vmUL�i cation in a deIiberate and concerted course of conduct which adversely affects the services of the City, picketing or demonstrating in furtherance of a work stoppage, either during the term of or after the expiration of a collective bargaining agreement. Section 2. Neither the Union, nor any of its officers, agents and members, nor any employez. organization members, covered by this Agreement, will instigate, promote, sponsor, engage in, or condone any strike, sympathy strike, slowdown, sick-out, concerted stoppage of work, illegal picketing, or any other interruption of the operations of the City. Section a Each Sergeant who holds a position with the City occupies a position of special trust and responsibility in maintaining and bring about compliance with this Article and the strike prohibition in Florida Statutes 447.505 and the Constitution of the State of Florida. Accordingly, the Union, its officers, stewards and other representatives agree that it is their continuing obligation and responsibility to maintain compliance with this Article and the law, including their responsibility to abide by the provisions of this Article and the law by remaining at work during any interruption which may be initiated by others; and their responsibility, in event of breach of this Article or the law by other employees and upon the request of the City, to encourage and direct employees violating this Article or the law to return to work, and to disavow the strike publicly. Section 4. Any or all Sergeants who violate any provisions of the law prohibiting strikes or of this Article may be dismissed or otherwise disciplined by the City. 1,1� Page 56 of 75 W TA - PBA TAV(:ity PBA Police Lieutenants and City of Baynton Reach - For a Term Ending September 30, 2019 Page 601 of 716 Section 1. Bargaining Unit Members hired as Police Officers on or after October 1, 2015, and who thereafter are promoted into the Police Lieutenants' Bargaining Unit, will have a �44 a ITZINHORTITI 0 a .1 f .1 1 WRINNI, W-�3 entering into a Mutual Consent Agreement. The Mutual Consent Agreement is attached hereto as J1 B. .44de-ru'u-Yr "13 (10) years, Section 4. The City and Union agree to reopen this Article at the request of City during year three of this contract. Page 57 of 75 00 TA - PBA TACity PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 602 of 716 &TWIVA 111JA 0 " 6, M", MM—My f"11 04 Section 1. A bargaining unit member covered by Florida Statute, Chapter 440, Workers' Compensation, and in accordance with provisions set forth hereunder, shall be authorized to be absent from work due to injury or illness incurred while on duty, and directly related to worli performed, until he or she reaches maximum medical improvement or two (2) years, whichever comes Vrst. Section 2. Sworn bargaining unit members who sustain a serious injury on -duty while in fresh pursuit (as defined in §112.19(d), Florida Statutes (2003)) or in the apprehension of a violent person, or who sustain a serious injury while engaged in law enforcement activities will receive a supplement to their workers' compensation that will provide 100% of their base salary for up to one hundred eighty (180) calendar days UNLESS OTHERWISE NEGOTIATED IN A WORKERS COMPENSATION PRECEEDING. Section 3. Bargaining unit members absent from work due to injury or illness unrelated to the performance of duty, shall have twelve (12) months to return to full duty. zjeo!� Page 58 of 75 00 .......... W I- TA - PBA T - city PEA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 603 of 716 UIT,1121 112! 1 It Le—dion 1. Qualifications for a bargaining unit member are: those who have completed three (3) years of continuous service as a Sergeant with Boynton Beach Police Department immediattl- .j 1�11�1�pii�1�11 t IVEITIM M -O 01�- 111;lriliriiill=�- I university. Current bargaining unit members are eligible for appointment to the next highest rank in the department. Additional criteria for evaluation and appointment shall be established by the Police Chief with the assistance of the Human Resources Department and the PBA. All promotional 1 0 # . I 1 11 6 Section 2. All Lieutenants shall serve a one year probation from the date of appointment. During a Lieutenanl!s probationary period a Lieutenant is subject to removal from appointment, without statement of cause. A promoted Lieutenant removed from her/his position durinrN probation, shall be reassigned to the position that (s)he was promoted from. M Page 59 of 75 —TAV C —ity PRA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 604 of 716 The City of Boynton Beach is committed to providing a safe work environment for its employees and our community, Drug and alcohol abuse is national problem that is prevalent in society and impairs the health and safety of employees, promotes crime and harms our local community. Moreover, the illegal possession, use, sale, and distribution of controlled drugs are criminal acts that directly threaten the integrity of all employees in the City. The City is addressing this problem through its DRUG FREE WORKPLACE Program. Substance abuse is a complex, yet treatable disease. The ultimate goal of this policy is to balance ii i i r 1 91 rimacy-mi 0 1. "Chain of Custody" refers to the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to the final disposition for all such materials or substances and providing for accountability at each stage in handling, testing, and strong specimens and reporting test results 2. "Confirmation Test", "confirmed test" or "confirmed drug test" is a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen, which test procedure used to identify the presence of a specific drug or metabolite in a specimen, which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity, sensitivity, and quantitative accuracy. I "Drug" means alcohol, including distilled spirits, wine, malt beverages, and intoxicating liquors; amphetamines; cannabinoids; cocaine; phencyclidine (PCP); hallucinogens; methaqualone; opiates; barbiturates; benzodiazepines; synthetic narcotics; designer drugs; or a metabolite of any of the substances listed herein. Threshold detection levels are established by Florida regulations. Therefore activities participated in while off duty may result in positive drug tests. For DOT covered employees, alcohol includes any intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols. Page 60 of 75 —QZ-- TA - PBA PRA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2029 Page 605 of 716 Consumption of a preparation including alcohol (beverages or medicines) A list of the mos'1 common medications which may alter or affect a drug test are found in Section 1.5, Letter I A f this policy. Employees and job applicants should review this list prior to submitting to a drug test. 4. "Drug test" or "test" means any chemical, biological, or physical instrumental analysis administered for the purpose of determining the presence or absence of a drug or its metabolites. 5. "Employee" means an individual who works for salary, wages, or other remuneration for the City and is covered by the workers compensation act. 6. "Employee Assistance Program" (EAP) is an established program for employee assessment, counseling, and referral to an alcohol and drug rehabilitation program. 7. "Employer" means an agency within state government that employs individuals for salary, wages, or other remuneration. 8. "Initial drug test" means a screening procedure of the blood and/or urine of employees and job applicants for the presence of alcohol and illegal drugs in accordance with the Florida Drug Free Workplace Program and appropriate Florida administrative rules. 9. "Job Applicant" means a person who has applied for a position with the City and has been offered employment conditioned upon successfully passing a drug test. 10. "Mandatory -testing position/Safety-sensitive position" means with respect to a public employer, a job assignment that requires the employee to carry a firearm, work closely with an employee who carries a firearm, perform life-threatening procedures, work with heavy or dangerous machinery, work as a safety inspector, work with children, work with detainees in the correctional system, work with confidential information or documents pertaining to criminal investigations, work with controlled substances, or a job assignment that requires an employee security background check pursuant to F.S. 110.1127 or a job assignment in which a momentary lapse in attention could result in injury or death to another person. 11. "Medical Review Officer (MRO)" means a licensed physician with knowledge of prescription drugs, pharmacology and toxicology of drugs, who may be responsible for receiving and reviewing all positive confirmed test results and who may be responsible for contacting all individuals who test positive in a confirmation test to inquire about possible medications which could have caused a positive result. The MRO need not be an employee of the City. 12. "Prescription or Nonprescription Medication" means a drug or medication obtained pursuant to a prescription as defined by F.S. 893.02 or a medication that is authorized a— Page 61 of 75 DO TA - PBA TA UCity PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 606 of 716 14 114 441W.11 ON 060 Toro U 13. "Reasonable Suspicion Drug Testing" means drug testing based on a belief that an employee is using or has used drugs in violation of the employer's policy drawn from specific objective and articulable facts and • inferences drawn from those facts in light of experience. Reasonable suspicion drug testing may not be required except upon the recommendation of a supervisor who is at least one level of supervision higher than the immediate supervisor of the employee in question. Among other things, such facts and inferences may be based upon: a. Observable phenomena while at work such as direct observation of drug use or of the physical symptoms or • of being under the influence of a drug. b. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. c. A report of drug use, provided by a reliable and credible source, which has been independently corroborated. d. Evidence that an individual has tampered with a drug test during employment with the current employer. e. Information that an employee has caused, or contributed to, an accident while at work: If a bargaining unit member is involved in an accident in which the member was driving a City owned vehicle, and any one of the following occurs: an individual dies, an individual suffers a bodily injury and receives medical treatment away from the scene of an accident, one or more vehicles (whether operated by a City employee or not) incurs "disabling damage" as the result of the occurrence, or is transported away from the scene by a tow truck or other vehicle, and under any circumstances when the bargaining unit member is issued a traffic citation. ii. "Disabling damage" means damage that precludes departure of any vehicle from the scene of the occurrence in its usual manner. Disabling damages includes damage to vehicles that could have been operated but would have been further damaged if so operated. Disabling damage does not include damage that could be remedied temporarily at the scene of the occurrence without special tools or parts; a flat tire with no spare available, minor scrapes/scratches to the exterior of the vehicle; or damage to headlights, taillights, turn signals, horns or windshield wipers that make them 44� Page 62 of 75 TA - PBA TA -City PBA 2 - PRA Police Lieutenants and City of Boynton Beach -For a Term Ending September 30, 2019 Page 607 of 716 iii, An order to submit to post accident testing can be made by a Police Sergeafft; or higher rank. Any bargaining unit member ordered for a post-accidefmi drug test may, at the member's option, be accompanied to the testing by an available Union Representative. The Union Representative shall act as a quiet observer to the testing procedure and shall not interfere with the testing procedures or direct questions or comments to the testing personnel. The unavailability of a Union Representative shall not preclude the post- accident drug testing from taking place. iv. Refusal to submit to an order for post -accident drug testing, or intentionally delaying a post -accident drug test can result in termination; however, nothing herein shall abrogate a bargaining unit member's right to challenge the results of the drug test. f Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the employer's premises or while operating the employer's vehicle, machinery, or equipment. 14. "Special -Risk Position" means a position that is required to be filled by a person who is certified under Chapter 633, Fire Prevention and Control or Chapter 943, Department of Law enforcew.e-tt. 15. "Specimen" means a tissue or product of the human body including blood, urine, or saliva capable of revealing the presence of alcohol and/or illegal drugs or their metabolites. 16. "Stepping Forward" means that an employee comes forward and requests assistance for substance abuse prior to being selected for a random drug test, or prior to being ordered to submit to a reasonable suspicion drug test, fitness for duty evaluation, or prior to being involved in an accident or sustaining an injury, which requires drug testing. 1 �$M A. It is the policy of the City that an employee found with the presence of alcohol, illeg 7 drugs, or prescription medication in levels exceeding prescribed dosage in his/h system, in possession of, using, sellin& trading or offering for sale illegal drugs alcohol during working hours, may be subject to disciplinary action up to and includi termination. A refusal to submit to a drug test is grounds for immediate termination. I W I&MI del g .1 Mq g 111 #10 0 ( Q w-1 I 14 14 itku I a I 1 -1 1 M-0 1 0 0 0 1 M WMIM29MM PBA Police Lieutenants and My of Boynton Beach - For a Term EWing September 30, 2019 TA P-C-ity Page 608 of 716 consult privately with employee with the observation, to rule out any problem(s) that may have been caused by prescription drugs. If, in the opinion of both supervisors, the employee is considered impaired, the employee should be drug tested by an authorized provider and then provided safe transportation home. An impaired employee must not be allowed to drive and if necessary can be transported home by a supervisor or another employee. It is the responsibility of the City's supervisors to counsel with an employee whenever they see changes in performance that suggest a potential employee problem. The supervisor may suggest that the employee voluntarily seek help from the employee assistance program or decide that the severity of the observed problem is such that a formal referral to the EAP should be made. Prescription drugs prescribed by the employee's physician, who is licensed to practice medicine in the United States, may be taken during working hours in strict accordance with the provisions of the Policy. Employees should never use intoxicants or drugs that could cause impairment during work hours. An employee who is using a prescription medication while on the job shall do so in strict accordance with medical directions. 2. It is the employee's responsibility to notify the prescribing physician of his/her job requirements/functions to ensure that the physician approves the use of the prescription medication while the employee is performing his/her job duties. It is recommended that the employee provide his/her physician with a copy of the FDLE standards for law enforcement officers so the physician is aware of the physical requirements of the position. 3. It is the employee's responsibility to immediately notify the Director of Human Resources and Risk Management or designee when (s)he is prescribed any medication that is considered a controlled substance on Schedules II, III, or IV as defined and amended from time to time in Florida Statutes 893.03. Failure to disclose this information may result in disciplinary action up to and including termination of employment. The Director of Human Resources and Risk Management may require the employee to provide a note from his/her prescribing physician stating that the employee is able to perform the functions of a law enforcement officer while taking the medication as prescribed. 4. The employee shall notify the Director of Human Resources and Risk Management or designee if the use of his/her properly prescribed medications/drugs (other than Page 64 of 75 TA - PBA TA- Ci PRA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 609 of 716 those considered a controlled substance on Schedules 11, 111, or IV as defined and amended from time to time in Florida Statutes 893.03) will affect the employee's work performance. 5. If the prescribing physician determines that the employee cannot perform his/her job duties without impairment while taking the prescribed medication, then the employee will be required to use his/her sick and/or FMLA leave, or unpaid leave if his/her leave pools are exhausted, until (s)he can return to work If the employee reports to work, the City will presume that the employee is not impaired. A. Conditions of Pre-EMployment The City will conduct a pre-employment screening examination designed to prevent hiring individuals who use drugs. IL. To determine the suitability of employees to work for the City the following pre- employment conditions are established: a) Job Applicants in mandatory -testing positions, safety -sensitive positions, and/or special -risk positions will be tested prior to employment for drug use and alcohol use. b) Any job applicant, as defined in the above -section, who refuses to submit to drug and alcohol testing as part of the pre-employment testing process will be refused employment. c) Any job applicant who tests positive for drugs or alcohol use will be refused employment. d) Confidentiality will be maintained pursuant to this policy. M It shall be a condition of continued employment for all employees to submit to drug and alcohol screening under the policy. If there is a conflict between this policy and the collective bargaining agreement, the collective bargaining agreement shall control. Refusal to submit to drug testing is grounds for immediate termination. Refusal to submit to drug testing is not a waiver of the employee's right to challenge both the order and the test outcome. ZOOM PRA Police Lieutenants and City of Boynton Beach -For a Term Ending September 30, 2019 TA - City Page 610 of 716 The City offers an Employee Assistance Program (EAP) which provides help ti employees and their families who suffer from various difficulties including alcohol or drug abuse. In addition to the City's EAP Program, below is a list of local assistance programs and local drug and alcohol rehabilitation programs: a) Narcotics Anonymous Help Line: 561-848-6262 b) Drug Abuse Foundation of Palm Beach County: 561-278-0000 c) Palm Beach Al-Anon/Al-a-Teen Information: S61-882-0308 d) Alcoholics Anonymous (Palm Beach County): 561-655-5700 Comprehensive Alcoholism Rehabilitation Program: 5 61-844-640 1 It is theI&1UUiM?%FdV Fu to performance problems. 1. Use of the employee assistance program, on a voluntary basis, will not affect the determination of appropriate disciplinary action. 2. An employee's decision to seek assistance from the Employee Assistance Program on a voluntary basis prior to any incident warranting disciplinary action will not be used as the basis for disciplinary action or in any disciplinary proceeding. On the other hand, using EAP will not be a defense to the imposition of disciplinary action where facts providing violation of this policy are obtained outside of the EAP. Acciril , 114 9 4 ,rW-2k4 Wow 19 3. Through the EAP, the City will provide appropriate assessment, referral to treatment, and treatment of drug and alcohol abuse. 4. Upon successful completion of a drug and/or alcohol treatment program an employee may be released to resume work but will be subject to drug testing on a random, periodic basis, at least quarterly, and for up to two years thereafter as a condition of continued employment. These stipulations may be incorporated in a Last Chance Agreement. S. An individual's participation in the program will not be made part of any personnel records and will remain confidential to the extent necessary to comply with this policy. Medical and insurance records, if any, will be preserved in the same confidential manner as all other medical records and be retained in Page 66 of 75 iA -T 2- C P'BA ---Q ----------- ity PBA Police Lieutenants and City of Baynton Beach - For a Tenn Ending September 30, 2019 Page 611 of 716 I'' Supervisors are responsible for maintaining a safe work environment by monitoring employees' behaviors and performance. 2. In the event a supervisor has a reasonable suspicion that an employee may be under the influence of drugs or alcohol, the employee must be sent for reasonable suspicion drug testing. A form for documenting cause for a reasonable suspicion drug test is attached. 3. In all cases when an employee is to be removed from duty for drug testing, the Department Head and Human Resources & Risk Management should be immediately notified. M 1. It is each employee's responsibility to be fit for duty when reporting for work and to inform his/her supervisor if (s) he is under prescription or non- prescription medication which may affect job performance. 2. In the event an employee observes behavior in another employee, which raises a doubt as to that employee's ability to perform work in a safe, reliable and trustworthy manner, the employee should report this behavior to his/her supervisor. 3. Employees, who enter drug or alcohol treatment and/or rehabilitation program voluntarily at the request or insistence of the City or, as a condition of continued employment are required to fully participate in and complete the recommended treatment. Any employee who enters a drug or alcohol treatment and/or rehabilitation program will be responsible for payment of the treatment and/or program. If the employee fails to comply with the treatment and/or program, the employee will be subject to discipline, up to and including termination. w` _�#� W 0 MM, � 1, L, .. ........... RM PRA Police Lieutenants and City qfBoynton Beach - Fora Term Ending September30,2019 TA - i W ty. .. .......� Page 612 of 716 1. The MRO will review all information from the testing laboratory in the event of a positive, confirmed test. The MRO will review any information from the employee or job applicant regarding the use of medication or other relevant medical information set forth in the form submitted prior to drug testing. 2. The MRO may request that the testing laboratory provide quantification of test results. 3. The MRO will provide confirmed test results to the Human Resources representative from the City. DRMMF•! W'10 In order to maintain a drug and alcohol free work environment, the City will test for t presence of alcohol and drugs in the following circumstances: i 1. Pre-emPloYment. Job applicants who have been offered a position -uf employment and whose job requirements are that of a mandatory -testing, safety -sensitive, or /' i7 position are required to take a drug and alcohol test. 2. Reasonable suspicion. Employees who are determined to be under reasonable suspicion of drug or alcohol use (as defined herein), are required to take a drug and alcohol test. 3. Post -incident. Employees are required to take a drug and alcohol test when the employee is involved in a job-related incident, which results in any of the following: (a) discernable property damage, (b) disabling vehicle damage [see employee receiving medical attention as a result of a work- related injury or accident, or (d) the employee receiving a citation.(i- MI. 4. Random Testing: Employees are subject to random drug testing. On a monthly basis, a designated Police Officer uses zv_k-_,AzranL1oinorZ to generate a list of three (3) PBA members who will be randomly tested for that month. A Union Representative signs off on this list. In addition, members assigned to Vice are tested once every six (6) months. S. Mness for duty. All employees who are subject to routine annual medical examinations are required to take a drug and alcohol test as part of their medical examinatio-f.. 6. Follow-up. All employees who have been referred to an employee assistance 07-MRAMM ---------- ' TA -City PRA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2019 Page 613 of 716 pawram or rehabflitationmqg�;? f jy�4'74%a.wt 'Alf�fy required to take drug and alcohol tests on a quarterly basis for up to two (2) years after their return to work These stipulations may be codified in a Last Chance Agreement. 11. An employee who refuses to submit to a drug and alcohol test will be subject to immediate termination. An employee who refuses to submit to a drug test forfeits his/her eligibility for all workers' compensation medical and indemnity benefits. 2. A job applicant, as defined in section 1.3, #9, who refuses to submit to a drug and alcohol test will not be hired. The City may administer disciplinary action, up to and. including termination, for any employee who has a positive, confirmed drug or alcohol test. Confidentiality of records concerning drug and alcohol testing will be maintained to the extent necessary to comply with this policy. All information, reports, memos and drug test reports, written or otherwise, received by the City through the drug testing program will be kept confidential as provided by law. The City's Employee Assistance Program, laboratories, drug and alcohol rehabilitation programs who receive or have access to information concerning drug test results shall keep all information confidential. No such information will be released unless there is a voluntary written consent, signed by an employee or job applicant, except where such release is compelled by a court pursuant to an appeal taken under this section, or where deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding. The City will maintain records concerning drug testing separate and apart from an employee's or job applicant's file. IM 1 11 . I'll 'MM Employees and job applicants may confidentially report the use of prescription or non- prescription medication both before and after having a drug test a<� Page 69 of 75 TA - PBA TA --— - i t PRA Police Lieutenants and City of Boynton Beach -For a Term Ending September 30, 2019 Page 614 of 716 . I 1W - a drug test, is listecl below in section H. Employees and job applicants should review this list prior to submitting to a drug test W114 , , � 1� An employee or job applicant may consult with the testing laboratory for technical information regarding prescription and non-prescription information. Refer to the Employee Assistance Program Policy for the name, address and telephone number of the City's current provider or contact the Human Resources and Risk Management Department. In accordance with F.S. 893-03 as amended from time to time, the following is an illustrative and non -exhaustive list of drugs that will be tested: I. Alcohol, including distilled spirits, wine, malt beverages and intoxicating liquors, resulting in a 0.04 or higher. A positive Breath Alcohol Test will be confirmed by a Blood Alcohol Test 2. Amphetamines 3. Cannabinoids 4. Cocaine 5. Phencyclidine (PCP) 6. Hallucinogens 7. Opiates 8. Methaqualone 9. Barbiturates 10. Benzodiazepines 11. Synthetic Narcotics 12, Designer Drugs 13. A metabolite on any substance listed herein 14. Anabolic/Androgenic Steroids. 'crov�i -rnwn k_wt Opium Dover's Powder, Paregoric, Parepectolin Page 70 of 75 PBA Police Lieutenants and City of Boynton Beach -For a Term Ending September 30, 2019 TA Page 615 of 716 Morphine Codeine Heroin Hydromorphone Meperidine Methadone Other Narcotics wm� = Methaqualone Methamphetamine Glutethimide Other Depressants Morphine, Pectoral Syrup Tylenol with Co.eine, Ernpirin with Codeine, Robitussan A -C, Hydrocodone, Coke Crack Diacety1morphine, horse, smack Dilaudid Demerol, Mepergan Dolophine, Methadone, Methadose W-e-rarm"Viflo ^ Ro ;.7m om fla= I 1111*141M Im Percocet Noctec, Sommos Phenobarbital, Tuinal, Lotusate Amvtal, Nembutal, Seconal, Atavan, Azene, Clonopin, Dalmane, Diazepa Librium, Xanax, Serax, Tranxene, Valium, Verstra Halcion, Paxipam, R- Qr Quaalud Methyl Ice Doriden Equanil, Miltown, Noludar, Placidyl, Valmid AMW DRUGS - New drugs will be added to the list of controlled substances based on amendments to the Florida Statutes andfor any Labor -Management Committee. - MW Many prescription drugs can alter or affect drug tests. Due to the large number of obscure brand names and the constant marketing of new products, this list is illustrative and not exhaustive. Alcohol: All liquid medications containing ethyl alcohol (ethanol). Read the label for alcohol content. Amphetamines: Pbetrol, Biphetamine, Desoxyn, Dexedrine, Didrex, Lonamine, Fastin. Cannabinoids: Marinol (Dronabinol, THC). Cocaine: Cocaine, HCl topical solution (Roxanne) Phencyclidine: Not legal by prescription Methaqualone: Not legal by prescription Opiates: Paregoric, Parepectolin, Donnagel PG, Norphine, Tylenol with Codeine, Emperine with Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine Expectorant, Diluadid (Hydromorphone), MS Contin and Roxano (morphine sulfate), Percodan, Vicodin, Tussiorganidine, etc. Barbiturates: Phenobarbitol, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorianl, Fioricet, Esgic, Butisol, Mebarel, Butabarbital, Butalbital, Phrenilin, Triad, etc. Page 71 of 75 PRA Police Lieutenants and City of Boynton Beach -For a Term Ending September 30, 2019 Page 616 of 716 Benzodiazepine: Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tanzene, Valium, Verstran, Halcion, Paxipam, Restoril, Centrax, etc. Methadone: Dolophone, Metadose, etc. Propoxyphene: Darvocet, Darvon N, Dolene, etc. —OLICIAND OGENIC STEROID TESTING Federal law placed anabolic steroids in Schedule IN of the Controlled Substances Act (CSA) as bof Feruary 27,1991. An employee or job applicant who is contacted by the MRO may confidentially report the use prescription medication(s) because the presence of these medications in the body may ha affected the outcome of the test. I 1. An employee or a job applicant who receives a positive confirmed test result may, within five (5) working days, submit information to the Director of Human Resources & Risk Management, with copies to the Union and Police Chief, explaining or contesting the test result and explaining why the test result does not constitute a violation of the City's policy. If the explanation or challenge of the employee or job applicant is unsatisfactory to the City, the City will provide a written explanation as to why the employee or job applicant's explanation is unsatisfactory, and a copy of the report of positive conflrmed test results will be provided to the employee or job applicant. 3. An employee may further challenge the results of the test in a court of competent jurisdiction or, if the drug was administered due to a workplace injury, by filing a claim for benefits with a judge of compensation claims, pursuant to Chapter 440, Florida Statutes. 4. If an employee or job applicant contests the drug test results he/she must notify the Medical Review Officer (MRO). MEMO =M� Page 72 of 75 iA - Pla TCity PRA Police Lieutenants and City of Boynton Beach -For a Tenn Ending September 30, 2019 Page 617 of 716 UNION CONTRACT -ADDENDUM "B" I MUTUAL CONSE TAGREEMEN][ This Mutual Consent Agreement is entered into between the CITY OF BOYNTON BEACH, a Florida municipal corporation, whose address is 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435 (the "CITY") and the PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION ("PBA") POLICE OFFICERS AND DETECTIVES, POLICE CERGEANTS, AND POLICE LIEUTENANTS. WHEREAS, the 2015 Florida Legislature enacted legislation (Chapter No. 2015-39, Laws of Florida), hereinafter "Legislation" regarding the use of insurance premium tax revenue ("IPTR"); and WHEREAS, the City has a retirement pension plan and fund for police officers known as the Boynton Beach Police Officers' Pension Fund ("Fund") that exceeds the minimum benefits and minimum standards established by the State of Florida for public employee firefighter pension plans as set forth in chapter 185, Florida Statutes; and ingg!TM. plum i" 0 111111 1 1 1 1 , I _T' 'IffEl= F CMI ;' 11UL Deen allocated to rund benefits in excess of the minimum benefits, may deviate from the provisions of the Legislation by mutual consent of the members' collective bargaining representative (PBA). i 2. The total of sixty thousand dollars ($60,000) of IPTR whether base premium tax revenue or additional premium tax revenue, received by the City will be used to reduce the City's unfunded liability to the Boynton Beach Police Officers' Pension Fund. These funds will be provided to the City in $30,000 increments by November 2017 and November 2018. 3. This Consent Agreement takes effect when signed by PBA and City. Signature Page follows al �� Page 73 of 75 TA - PBA TA City PRA Police Lieutenants and City of Boynton Beach -For a Term Ending September 30, 2019 Page 618 of 716 Lori EaVerriere, Ci nag--er )N BEACH POLICE OFFICERS AND DETECTI IEUTENANTS VES, POLICE SERGEANTS, AND L � _. Jdent —TA - f;BA Ci PDA Police Lieutenants and City of Boynton Beach - For a Ter.. Ending September 3o, 2019 Page 619 of 716 V eed to this — day of , by and between the respective Parties through t authorized representatives of the PBA and the City. I PALM EACH COUNTY POLICE BENEVOLENT ASSOCIATION Witness Witness CITY OF BOYNTON BEACH Witness ATTEST: Witness City Clerk APPROVED AS TO FORM AND CORRECTNESS: City Attorney Ratified by City Commission Date By: __, Mayor - Stewen Grant 0_�� PBA Police Lieutenants and City of Bomto,", City ianaer Ratified by Union Page 620 of 716 Oldbury, Julie From: Courtney Lawrenson <courtney@pbcpba.org> Sent: Thursday, October 27, 2016 1:35 PM To: Oldbury, Julie Subject: Ratification Results Please be advised that a ratification votes that were held October 25th and 26th between the Palm Beach County Police Benevolent Association and the The City of Boynton Beach was ratified as follows: Officers and Detectives: 74 FOR RATIFICATION 4 AGAINST RATIFICATION Sergeants: 18 FOR RATIFICATION 1 AGAINST RATIFICATION Lieutenant: 1 FOR RATIFICATION 0 AGAINST RATIFICATION Thank you, Courtney Lawrenson Legal Assistant, Palm Beach County PBA Phone: 561-689-3745 Fax: 561-687-0154 Email: courtney@pbcpba.org Website: pbcpba.org Address: 2100 North Florida Mango Rd. West Palm Beach, FL 33409 INIPORTA\T:'The concns of ffiis lr aail ratrrl aatr rairEaclai rrs arc confidential.The vMarc inended forffic naafi ied recipien(sl only. If you have received ffiis ern ail by nlistakeplease notify ffie sender ininicdiatclvand do not discicise ffie coni arcs k) anvone or nud<e copies fficreof. HT Gct a signaturc likc this: Click here! 1 Page 621 of 716 12.C. NEW BUSINESS 11/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 REQUESTED ACTION BY COMMISSION: Commissioner Casello has requested to discuss the possibility of a referendum for the March 2017 election changing the provision for a candidate to be elected from 50% plus one rule. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Deadline for ballot language to be submitted to PBC Supervisor of Elections for the March 2017 election is February 3, 2017 at noon. FISCAL IMPACT. Non -budgeted ALTERNATIVES: Do not proceed with changing election rule. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 10/25/2016 - 3:00 PM Howard, Tim Approved 10/25/2016 - 3:00 PM LaVerriere, Lori Approved 10/25/2016 - 4:37 PM Page 622 of 716 13.A. COMMUNITY REDEVELOPMENT ADVISORY BOARD 11/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 REQUESTED ACTION BY COMMISSION: Reports -- None EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department Reviewer Action Date City Clerk Pyle, Judith Approved 10/23/2016 - 2:42 PM Page 623 of 716 13. B. COMMUNITY REDEVELOPMENT ADVISORY BOARD 11/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 REQUESTED ACTION BY COMMISSION: Pending Items 1. City Services Survey for the CRA EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department City Clerk Reviewer Action Date Pyle, Judith Approved 10/23/2016 - 2:42 PM Page 624 of 716 13.C. COMMUNITY REDEVELOPMENT ADVISORY BOARD 11/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 REQUESTED ACTION BY COMMISSION: New Assignments -- None EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department Reviewer Action Date City Clerk Pyle, Judith Approved 10/23/2016 - 2:42 PM Page 625 of 716 14.A. LEGAL 11/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-150 - Approve the issuance of a "Notice of Intent" (NOI #2016-01) to adopt pending amendments to the City's Land Development Regulations (LDR) related to the siting and installation of wireless communication facilities (WCF) located within rights-of-way in the City limits. EXPLANATION OF REQUEST: Request commencement of a temporary moratorium until June 1, 2017 to allow a study period for staff to review the need for modifications and to implement possible revisions to the LDR for WCF within rights-of- way. Currently, these micro -cell towers intended to fill in gaps in cellular coverage are regulated in Ch. 3, Art. V, Sec. 13. of the LDR as non -concealed WCF that include antennas attached to electric utility poles or light standards within rights-of-way. To date, there have been no formal application submittals for WCF in rights-of- way, however there is interest and proposals anticipated. Possible amendments to the LDR may regard compatibility and aesthetics, public safety and review procedures and criteria applicable to the siting and installation of WCF within rights-of-way. According to the City's Land Development Regulations (Chapter 1, Article IX) this process begins with the approval of the subject resolution, and then at the next Commission meeting (November 15th) the item is placed under public hearing to allow for public input and final action by the City Commission. If at the end of the study period additional time is required to complete the process, the City Commission may extend the study period by a majority vote. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. Budgeted N/A ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Page 626 of 716 Grant Amount: ATTACHMENTS: Type D Resolution D Addendum REVIEWERS: Department Planning & Zoning Finance Legal City Manager Description Resolution for NOI (cell towers) NOI #2016-01 Reviewer Action Date Pyle, Judith Approved 10/26/2016 - 2:23 PPA Howard, Tim Approved 10/26/2016 - 2:27 PPA Swanson, Lynn Approved 10/27/2016 - 9:43 AM LaVerriere, Lori Approved 10/27/2016 - 2:04 PPA Page 627 of 716 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 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ISSUANCE OF A "NOTICE OF INTENT" TO COMMENCE A TEMPORARY MORATORIUM, UNTIL JUNE 1, 2017, ON THE INSTALLATION OF OR SITING OF ANY WIRELESS COMMUNICATIONS FACILITY, AS DEFINED UNDER SECTION 365.172, FLORIDA STATUTES, IN ANY RIGHTS-OF-WAY WITHIN THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING AN EFFECTIVE DATE WHEREAS, Ordinance 00-53 authorizes temporary moratoriums to allow the City staff and City consultants to study the need for modifications to City development regulations in response to trends on development or redevelopment in the City; and WHEREAS, the United States Supreme Court in its 2002 opinion in Tahoe -Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency recognized that the moratoria, or "interim development controls" as they are often called, are an essential tool of successful development; and, WHEREAS, based upon the above facts and recommendations from City Administration, the City Commission deems it necessary and to be in the best interests of the health, safety, and welfare of the citizens and residents of the City of Boynton Beach, to impose a moratorium on processing, consideration, and the approval of any new applications or the issuance of any building permits, engineering permits, or development orders for the installation of or siting of any wireless communications facility as defined under Section 365.172, Florida Statutes, in any rights-of-way within the City of Boynton Beach, Florida until June 1, 2017; and, WHEREAS, the Commission deems it timely and in the best interest of the City and its residents to undertake review and revision of the zoning regulations as they relate to the siting, (00155557.2 306-9001821) Page 628 of 716 30 placement, and design of wireless communication facilities located within rights-of-way within 31 the City of Boynton Beach; and, 32 WHEREAS, the Commission has authority to initiate the review process by resolution 33 and issuance of a Notice of Intent; and, 34 WHEREAS, the Notice of Intent attached to this Resolution as Exhibit "A" represents a 35 formal announcement of said planning activities, and the period during which time all 36 applications related to the siting and placement of wireless communication facilities in the rights - 37 of -way within the City of Boynton Beach will not be accepted or processed; and, 38 WHEREAS, this Notice of Intent will be in effect from the date of adoption and 39 thereafter up to and including June 1, 2017, unless otherwise terminated or extended by the City 40 Commission by subsequent Resolution following public hearing; and, 41 WHEREAS, the Commission intends that this Resolution constitute zoning in progress 42 and the commencement of a temporary moratorium as a means of temporarily suspending the 43 processing, consideration, and the approval of any new applications or the issuance of any 44 building permits, engineering permits, or development orders for the installation of or siting of 45 any wireless communications facility as defined under Section 365.172, Florida Statutes, in any 46 rights-of-way within the City of Boynton Beach, Florida until June 1, 2017; and 47 WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 48 166 of the Florida Statutes, the City of Boynton Beach is authorized and required to protect the 49 public health, safety and welfare of its citizens and has the power and authority to enact 50 regulations for valid governmental purposes that are not inconsistent with general or special law; 51 and, 52 WHEREAS, the public health, safety and welfare is a legitimate public purpose (00155557.2 306-9001821) Page 629 of 716 53 recognized by the courts of the State of Florida. 54 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 55 CITY OF BOYNTON BEACH, FLORIDA, THAT: 56 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 57 being true and correct and are hereby made a specific part of this Resolution upon adoption 58 hereof. 59 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 60 issue the Notice of Intent attached hereto as Exhibit "A". 61 Section 3. That this Resolution shall become effective city-wide immediately upon 62 passage. 63 Section 4. The Notice of Intent shall be posted and copies provided as required by 64 Ordinance 000-053. 65 Section 5. No application for a development activity, permit, or Business Tax 66 Receipt, that is defined within the scope of the study shall be accepted or processed by the City, 67 following the date of adoption of this Resolution during the study period. 68 Section 6. The City Commission requests that the City Administration address in its 69 study the issues as identified in the Notice of Intent attached hereto as Exhibit "A". 70 71 (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 72 (00155557.2 306-9001821) Page 630 of 716 73 PASSED AND ADOPTED this day of , 2016. 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) (00155557.2 306-9001821) CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO Page 631 of 716 NOTICE OF INTENT TO ADOPT PENDING AMENDMENTS TO LAND DEVELOPMENT REGULATIONS NOI #2016-01 STATEMENT OF PURPOSE AND SCOPE OF STUDY The purpose of this Notice of Intent is to declare, in anticipation of amendments to the City's Land Development Regulations, a study period to implement revisions to the City's Land Development Regulations related to the siting and installation of wireless communication facilities in rights-of-way within the City of Boynton Beach. AFFECTED AREA All rights-of-way within the municipal boundaries of the City of Boynton Beach GENERAL DESCRIPTION OF POSSIBLE AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDR) A. The addition of development standards to ensure compatibility between adjoining properties and the wireless communication facilities that are placed in the rights-of-way within the City of Boynton Beach; and B. The addition of engineering and development standards to insure public safety is addressed with respect to the siting and installation of wireless communication facilities in the rights-of-way within the City of Boynton Beach C. Adoption of application processes or operational policies or review criteria applicable to the siting and installation of wireless communication facilities in rights-of-way within the City of Boynton Beach. D. Needed Land Development Regulations and standards that emphasize the value of beautification and aesthetics within neighborhoods and along roadway corridors within the City, and particularly emphasize and promote stealth equipment and collocation where possible. AFFECT ON DEVELOPMENT IF REGULATION ADOPTED There are no specific regulations that have been identified for amendment. The study is intended to identify regulations that, if amended, would enhance public safety and promote sound planning, and preserve the aesthetic environment and quality of life, without effectively prohibiting the placement of wireless communication facilities in the rights-of-way within the City of Boynton Beach. EXISTING SECTIONS OF THE LAND DEVELOPMENT REGULATIONS WHICH ARE THE SUBJECT OF THE STUDY AND MAY BE AMENDED (00155576.2 306-9001821) Page 632 of 716 Land Development Regulations, Chapter 3, "Zoning", Article V, "Supplemental Regulations", Section 13, "Wireless Communication Facilities (WCF)". PROJECTED TIME FRAME FOR STUDY From approval of the NOI by the City Commission, up to, and including, June 1, 2017. The planning study including formulation of recommendations is estimated to take 6 months. If additional time is required to complete the study due to the scope or magnitude of the regulatory changes, a request for extension may be requested by the Development Department. The City Commission, following public hearing on the request for extension may extend this Notice of Intent for an additional period of time as specified by the City Commission at the time of extension. STAGE OF THE REVIEW PROCESS THAT THE STUDY PERIOD AND PENDING REGULATION WOULD AFFECT Effective on adoption of this Notice, all the following applications shall be abated within the City during the study period: A. All new applications for wireless communication facilities in the rights-of-way; B. All new applications for building permits for wireless communication facilities in the rights-of-way. This Notice of Intent shall only apply to all complete applications submitted to the City after the Notice of Intent is executed. ADDITIONAL NOTICE 1. The Notice of Intent shall be posted in the Development Department and in the notice case located at the main entrance to City Hall. 2. A copy of the Notice of Intent shall be mailed to the Chamber of Commerce. 3. Following issuance of this Notice of Intent, the notice shall be provided to all applicants who may be potentially affected by the pending study and regulatory changes. This notice shall be provided to those individuals by mail, facsimile, electronic mail or in person. Comments including written objections to the Notice of Intent, shall be accepted by the Development Department Director from recipients of this notice. 4. Notice shall be provided to the City's Planning and Development Board. Neither failure by the City Clerk to provide notice as set forth in this section nor the lack of awareness of any potentially affected applicant shall not invalidate the applicability of this notice. Dated: (00155576.2 306-9001821) Page 633 of 716 Adopted by Resolution number R16- of the City Commission of the City of Boynton Beach, Florida the day of , 2016. IM Office of the City Clerk (00155576.2 306-9001821) Page 634 of 716 14. B. LEGAL 11/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-136 -Approve the Declaration of Restrictive Covenant for the project known as STOR-ALL LUXURY RV AND BOAT STORAGE to be recorded with the property. (TABLED ON October 4, 2016) EXPLANATION OF REQUEST: On May 17th, 2016 the City Commission approved the Stor-All Luxury RV & Boat Storage site plan application (NWSP 15-002) for the property located south of Boynton Beach Boulevard, between the F.E.C. Railroad and the 1-95 rights-of-way. As part of the development order the City Commission placed a condition of approval for the developer to submit a restrictive covenant for review by staff and approval by City Commission. The owner agreed as a condition of development approval to special use and operational restrictions on the Property and to formalize those restrictions in a Declaration of Restrictive Covenants. The restrictions to be ensured by the Declaration include the following: • The property shall be limited to Storage of luxury Class "A" recreational vehicles ("Recreational vehicle" means the category of motor vehicle described in s. 320.01(1)(b), Florida Statutes (2016)), and the storage of motor boats on trailers. • The following uses and activities are prohibited on the Property. • Mechanical repairs of recreational vehicles and/or boats. • Storage of commercial vehicles. • Flushing of boat engines. • Overnight occupancy in recreational vehicles or boats. • Sales of recreational vehicles or boats. • A stored vehicle shall be in operable condition. • Hours of operation on the Property are limited from 9:30 am to 6:00 pm daily for the business office. • Recreational vehicles and boats may have ingress or egress to the Property only between 6:00 am to 10:00 pm daily. Evidence of the recorded document would be required prior to issuance of a building permit. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A. FISCAL IMPACT. Budgeted Project approval would result in contributions to permit and business tax receipt and property tax revenues based on project and assessed values ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A Page 635 of 716 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type D Resolution D Other D Conditions of Approval REVIEWERS: Department City Clerk Description Resolution approving Sfor-All Declaration of Restrictive Covenants Revised Declaration of Restrictive Covenants D,O, & Conditions of Approval Alternate Version of the Declaration of Restrictive Covenants for All Approval Minutes 05-17-16 Reviewer Action Pyle, Judith Approved Date 10/28/2016 - 10:20 AKA Page 636 of 716 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. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE DECLARATION OF RESTRICTIVE COVENANT FOR THE PROJECT KNOWN AS STOR-ALL LUXURY RV AND BOAT STORAGE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 17, 2016, the City Commission approved the Stor-All Luxury RV & Boat Storage site plan application (NWSP 15-002) for the property located south of Boynton Beach Boulevard between the FEC Railroad and the I-95 rights-of-way; and WHEREAS, as part of the Development Order, the City Commission placed a condition of approval for the developer to submit a restrictive covenant for review by staff and approval by the City Commission; and WHEREAS, the City Commission upon recommendation of staff, deems it appropriate to approve the Declaration of Restrictive Covenant for the project known as STOR-ALL LUXURY RV AND BOAT STORAGE to be recorded with the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve the Declaration of Restrictive Covenant for the project known as STOR-ALL LUXURY RV AND BOAT STORAGE, a copy of which is attached hereto as Exhibit "A". Section 3. That the Declaration of Restrictive Covenant will be recorded by the C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\86FE46EA-CFD2-4703-9B1E-BBAOCODF1C37\Boynton Beach. 4171. 1. Stor-All Declaration of Restrictive Covenant - Reso.doc Page 637 of 716 29 City Clerk in the Public Records of Palm Beach County, Florida. 30 Section 4. This Resolution shall become effective immediately upon passage. 31 PASSED AND ADOPTED this day of , 2016. 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 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz 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\86FE46EA-CFD2-4703-9B1E-BBAOCODF1C37\Boynton Beach. 4171. 1. Stor-All Declaration of Restrictive Covenant - Reso.doc Page 638 of 716 Prepared by and return to: James A. Cherof, City Attorney c/o City of Boynton Beach, Florida 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenant ("Declaration") is made this day of , 2016, by STOR-ALL LUXURY RV AND BOAT STORAGE, LLC a Florida limited liability company ("Owner/Declarant"). The legal description of said property is attached hereto as Exhibit A ("property"). RECITALS WHEREAS, Owner is developing a certain parcel of land ("Property") located in Palm Beach County, Florida, more fully described in Exhibit "A" attached hereto and made a part hereof and WHEREAS, Owner agreed in conjunction with and as a condition of City of Boynton Beach development approval to restrict uses of the Property and to formalize those restrictions in a Declaration of Restrictive Covenants. WHEREAS, it is the purpose of this Declaration and it is Owner's intent, to place the following use restrictions, covenants and conditions on the Property. 1) Only the following uses and activities are permitted on the Property: i) Storage of luxury self-propelled Class "A, B, or C" motor homesi. ii) Storage of motor boats on trailers. 2) The following uses and activities are prohibited on the Property: i) Mechanical repairs of recreational motor homes and/or boats. ii) Storage of commercial vehicles. iii) Flushing of boat engines. iv) Overnight occupancy in motor homes or boats. v) Sales of recreational motor homes or boats. 3) A stored motor home shall be in operable condition. 14. A "motor home," is a vehicular unit which does not exceed the length, height, and width limitations provided in s. 316.515, is a self-propelled motor vehicle, and is primarily designed to provide temporary living quarters for recreational, camping, or travel use. Fla. Stat. Ann. § 320.01 (West) {00156978.3 306-9001821} Page 639 of 716 4) Hours of operation on the Property are limited from 9:30 am to 6:00 pm daily for the business office. 5) Recreational motor homes and boats may have ingress or egress to the Property only between 6:00 am to 10:00 pm daily. 6) This Declaration may be amended or canceled in a properly executed and recorded document, with mutual consent of the parties to this Declaration or by their successors in interest. Amendment may occur only after approval by the City Commission following public notice and public hearing in the same manner as a major site plan modification. 7) This Declaration shall be and constitute an obligation on the property of the Owner, running with and binding on the Parcel regardless of the title or ownership thereof, and regardless of any change which may take place herein. 8) These restrictive covenants run in favor of and are therefore enforceable by the City of Boynton Beach. 9) These restrictive covenants are conditions of the approved site plan for the Property and are enforceable by code enforcement action, revocation of the site plan, revocation of the business tax receipt and/or certification of use for the Property, or injunction in a Court of competent jurisdiction. 10) The terms of this Declaration shall be effective on the date of recording, and shall be binding upon and shall inure to all successors in interest to the parties to the Declaration, and shall run with the Owner's land. 11) Within fourteen (14) days after the parties have approved and executed this Declaration, the City shall record this Declaration with the Clerk of the Court, Palm Beach County, Florida. IN WITNESS WHEHREOF, the Owner has executed this Declaration the day and year first above written. WITNESSES Type or Print Name Type or Print Name STATE OF FLORIDA: COUNTY OF BROWARD: OWNER Type or Print Name I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and the County aforesaid to take acknowledgments, personally appeared {00156978.3 306-9001821} Page 640 of 716 , the person who subscribed to the foregoing instrument, as the (title), of STOR-ALL LUXURY RV AND BOAT STORAGE, LLC, a Florida limited liability company, and acknowledged that he executed the same on behalf of said limited liability company and that he was duly authorized to do so. He is personally known to me or has produced a driver's license as identification. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (Signature) Print Name My Commission Expires: {00156978.3 306-9001821} Page 641 of 716 TIEVELOPIMS"NI"T ORDER OF THE CITY COMMISAN OF THE CITY OF BOYNTONFLORIDA PROJECT NAME APPLICANT/AGENT Stor-All Luxury RV & Boat Storage (NWSP 15-002) Bradley Miller, Miller Land Planning, Inc. AGENT'S ADDRESS: 508 E Boynton Beach Blvd, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 19, 2016 APPROVALS SOUGHT: New Site Plan approval to construct outdoor self -storage for luxury recreational vehicles and boats consisting of eleven (11) open-air structures with 201 storage bays totaling 92,139 square feet; one (1) one-story enclosed storage building with five (5) bays totaling 2,756 square feet; an office building consisting of 1,000 square feet; 15 uncovered storage spaces; and related site improvements. PROPERTY LOCATION: 514 — 518 West Ocean Avenue DRAWING(S): SEE EXHIBITS "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: Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 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 Applic 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: !d l f City Clerk hJ ® M S:\Planning\SHARED\WP\PROJECTS\Stor-AII Luxury RV & Boat Storage\ NWSP 15-002\Development Order.doc Page 642 of 716 EXHIBIT "C" — REVISED CONDITIONS OF APPROVAL Project Name: Stor-All Luxury RV & Boat Storage File number: NWSP 15-002 Reference: 4th review plans identified as a New Site Plan with a February 5, 2016 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. Due to the property assemblage and necessary changes to all easements a boundary plat will be required prior to permitting. 2. At time of permitting, submit two (2) copies of the geotechnical report with pavement typical section. J 3. At time of permitting, revise plans to have the landscape island at end of Building "E" to match site plan and engineering plans. 4. At time of permitting, submit an irrigation plan. Trees are required to have separate irrigation spray heads to provide water directly to the root ball. FIRE Comments: 5. Revise plans to provide the fire flow for the buildings on this site. Prior to permitting, schedule a flow test through the Boynton Beach Fire & Life Safety Division, 561-742-6600. J POLICE Comments: 6. Prior to issuance of the building permit, the applicant shall prepare a construction site security and management plan for approval by the City's Police Department CPTED Official. BUILDING DIVISION Comments: None (all previous comments have been addressed). PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: Page 643 of 716 Stor-All Luxury RV & Boat Storage (NWSP 15-002) Conditions of Approval Paae 2 of 4 DEPARTMENTS INCLUDE REJECT 7. At time of permitting, revise the plant list on the landscape plan to correct the proposed height of shrubs on the outside of the perimeter wall/fence to the required minimum of one-half the height of the walVfence. Also revise the tabular data for the number of trees proposed along the west property line from 67 to 100 provided and the spacing from 30 feet to 20 feet on center. 8. At time of permitting, revise plans to include sign details for all proposed project signage including sign copy and font, and design of the monument sign to match architectural features of buildings and by using the same color schedule as the buildings, unless other colors are included under a registered national trademark for Stor-All. 9. All site lighting shall be limited to a maximum height of 15 feet and shielded to direct light down and away from adjacent properties and rights-of-way to mitigate any light trespass and limit view of the light source. 10. Due to the reduced buffer width, the buffer wall does not provide the modulation required by the Design Standards of the Land Development Regulations. Approval of the site plan is contingent on approval of the requested Community Design Plan Appeal (CDPA 16-001) or plan revisions at permitting that demonstrate compliance with these design standards. 11. Due to the applicant's recent withdrawal of the requested Variance (ZNCV 15-002) for reduced building setbacks along the east and J west property lines, at time of permitting plans shall be revised to demonstrate compliance with the required minimum building setbacks. 12. The site improvements depicted on the drawings are not designed to allow for any on-site repair of RV's or boats. Should the applicant consider a repair component at some time in the future, an application for Major Site Plan Modification would need to be submitted, public hearings held, and Commission approval granted. 13. At time of permitting, the landscape plans shall be revised to include groupings of additional tree species along the west property line consisting of Pine trees, East Palatka Holly trees, and Green Buttonwood trees. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments. Page 644 of 716 Stor-All Luxury RV & Boat Storage (NWSP 15-002) Conditions of Approval Paqe 3 of 4 DEPARTMENTS INCLUDE REJECT 14. The developer shall submit a restrictive covenant for review and approval by the City that limits the principal use of the subject property to the storage of luxury Class "A" recreational vehicles, and motor boats on trailers, and limits accessory uses to those depicted on the approved site plan (NWSP 15-002). When the restrictive covenant is approved by the City, the developer shall execute and record the covenant into the public records of Palm Beach County. This condition replaces #12 which the Board rejected. 15. Any on-site repair of RV's and/or boats shall be prohibited, and all stored vehicles shall be in operable condition. 16. To increase the amount of pervious area on-site, only the driveways, aisles, and vehicle maneuvering areas shall be hard -surfaced (asphalt or concrete). All open-air structures for the temporary outdoor storage of luxury RV's and boats shall be surfaced with compactable dust -free material as approved by the City Engineer. CITY COMMISSION CONDITIONS Comments: This condition replaces #14 which the Commission rejected for rewording. 17. The developer shall submit a restrictive covenant for review by staff and approval by City Commission Resolution that limits the principal use of the subject property to the storage of luxury Class "A" recreational vehicles, and motor boats on trailers, and limits accessory uses to only those uses depicted on the approved site plan (NWSP 15-002). Restrictions of the covenant shall include all of the following: Hours of operation limited from 9:30 am to 6:00 pm daily (office) and from 6:00 am to 10:00 pm daily (gate) No storage of commercial vehicles No mechanical repairs of RV's and Boats No flushing of boat engines No overnight sleeping in RV's or Boats No storage of inoperative vehicles (RV's and Boats) No sales of RV and Boats When the restrictive covenant is approved by the City Commission, the developer shall execute and record the covenant into the public records of Palm Beach County. 18. The Applicant offered and the City Commission agreed to the Applicant making a contribution up to $10,000 toward Hibiscus Park J improvements such as sidewalks and fencing, amount to be based on improvement costs provided by City staff. Page 645 of 716 Stor-All Luxury RV & Boat Storage (NWSP 15-002) Conditions of Approval Pace 4 of 4 DEPARTMENTS I INCLUDE I REJECT 19. The Applicant agrees to incorporate in its lease agreements a requirement that tenants access and leave the property using West J Ocean Drive, and covenants with the City that it will enforce that lease provision to the fullest extent possible. S:\Planning\SHARED\WP\PROJECTS\Stor-all Luxury RV & Boat Storage\NWSP 15-002\ FINAL Revised Conditions Post P&D.doc Page 646 of 716 #J LOCATI . N MAP Mon 1 4,514 0 0.0275 0.055 0.11 ml 0 0 D4 25 0A85 C.'7 km Page 647 of 716 ""1'r h J e h a6baoIS loo8 8 A,� \jnxnl IIV-jo�S y, y j a `a uy �amuo u.°x ffig Page 648 of 716 m 4 c = ° ° g,l a °o i 1m _ Q > I � o `a uy �amuo u.°x ffig Page 648 of 716 ti z o 9 o z �' opuoy U.�oag uoW�og o - a�oao�S 4009 '8 021 tinxn II d-ao�s r = z r. Z BUILDING M" ENCLOSED STORAGE ; p+ t2,756 SF. , N HT. x_1S' NO' a � 5 BAYS +` � w � w t% KIM AI t � s c � o - , n` f o z I U °u a _ I s o+r-r,— Page 649 of 716 -11 ti 7=1111E= - L'] T LT -1=i I z /1 titt4t[ 1. 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Cherof, City Attorney c/o City of Boynton Beach, Florida 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenant ("Declaration"), is made this day of , 2016, by STOR-ALL LUXURY RV AND BOAT STORAGE, LLC a Florida limited liability company ("Owner/Declarant"). The legal description of said property is attached hereto as Exhibit A ("property"). RECITALS WHEREAS, Owner is developing a certain parcel of land ("Property") located in Palm Beach County, Florida, more fully described in Exhibit "A" attached hereto and made a part hereof and WHEREAS, Owner agreed in conjunction with and as a condition of City of Boynton Beach development approval to restrict uses of the Property and to formalize those restrictions in a Declaration of Restrictive Covenants. WHEREAS, it is the purpose of this Declaration and it is Owner's intent, to place the following use restrictions, covenants and conditions on the Property. 1) Only the following uses and activities are permitted on the Property: i) Storage ofuRc— recreational vehicles, including luxury Class "A" recreational vehicles and such other motor vehicles that meet the definition of - «R --ii + ,- . —recreational vehicle" set forth in -s. 320.01(1)(b), Florida Statutes (2016). ii) Storage of motor boats on trailers. 2) The following uses and activities are prohibited on the Property: i) Mechanical repairs of recreational vehicles and/or boats. ii) Storage of commercial vehicles. iii) Flushing of boat engines. iv) Overnight occupancy in recreational vehicles or boats. v) Sales of recreational vehicles or boats. 3) A stored vehicle shall be in operable condition. 4) Hours of operation on the Property are limited from 9:30 am to 6:00 pm daily for the business office. {00149590.1 306-9001821} Page 659 of 716 STOR-ALL REQUESTED VERSION 5) Recreational vehicles and boats may have ingress or egress to the Property only between 6:00 am to 10:00 pm daily. 6) This Declaration may be amended or canceled in a properly executed and recorded document, with mutual consent of the parties to this Declaration or by their successors in interest. Amendment may occur only after approval by the City Commission following public notice and public hearing in the same manner as a major site plan modification. 7) This Declaration shall be and constitute an obligation on the property of the Owner, running with and binding on the Parcel regardless of the title or ownership thereof, and regardless of any change which may take place herein. 8) These restrictive covenants run in favor of and are therefore enforceable by the City of Boynton Beach-a,*".w-t per. 9) These restrictive covenants are conditions of the approved site plan for the Property and are enforceable by code enforcement action, revocation of the site plan, revocation of the business tax receipt and/or certification of use for the Property, or injunction in a Court of competent jurisdiction. 10) The terms of this Declaration shall be effective on the date of recording, and shall be binding upon and shall inure to all successors in interest to the parties to the Declaration, and shall run with the Owner's land. 11) Within fourteen (14) days after the parties have approved and executed this Declaration, the City shall record this Declaration with the Clerk of the Court, Palm Beach County, Florida. IN WITNESS WHEHREOF, the Owner has executed this Declaration the day and year first above written. WITNESSES Type or Print Name Type or Print Name STATE OF FLORIDA: COUNTY OF BROWARD: OWNER Type or Print Name I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and the County aforesaid to take acknowledgments, personally appeared , the person who subscribed to the foregoing instrument, as the (title), of STOR-ALL LUXURY RV AND BOAT STORAGE, {00149590.1 306-9001821} Page 660 of 716 STOR-ALL REQUESTED VERSION LLC, a Florida limited liability company, and acknowledged that he executed the same on behalf of said limited liability company and that he was duly authorized to do so. He is personally known to me or has produced a driver's license as identification. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (Signature) Print Name My Commission Expires: {00149590.1 306-9001821} Page 661 of 716 Meeting Minutes City Commission Boynton Beach, Florida May 17, 2016 Motion Commissioner Romelus moved to approve the Conditional Use and Major Site Plan Modification for the conversion of the Pete Rose Ballpark Cafe. Vice Mayor McCray seconded the motion. Interim City Clerk Pyle called the roll. Vote The motion passed 3-2 (Commissioners Katz and Casello dissenting.) C. Request to approve a Community Design Plan Appeal (CDPA 16-001) for relief from the Land Development Regulations (LDR), Chapter 4, Article 111, Section 10.A.3. Monotony Restrictions, requiring enhanced walls designed with offsets and other elements to avoid an expansive monotonous appearance for 514 — 518 West Ocean Drive, located west of 1-95 and east of the CSX Railroad, south of the terminus of West Ocean Avenue on 6.9 acres zoned M-1 (Industrial). Agent is Bradley Miller with Miller Land Planning, Inc. (Tabled to May 17, 2016 Commission meeting.) D. Request new site plan approval to construct outdoor self -storage for luxury recreational vehicles and boats at 514 — 518 West Ocean Drive, located west of 1-95 and east of the CSX Railroad, south of the terminus of West Ocean Drive on 6.9 acres zoned M-1 (Industrial). Agent: Bradley Miller, Miller Land Planning, Inc. representing property owner Stor-All Luxury RV & Boat Storage LLC. (Tabled to May 17, 2016 Commission meeting.) Vice Mayor McCray moved to remove from the table. Commissioner Katz seconded the motion. Vote The motion unanimously passed. Motion Vice Mayor McCray moved to remove item D from the table. Commissioner Romelus seconded the motion. Vote The motion passed 4-1 (Mayor Grant dissenting.) 19 Page 662 of 716 Meeting Minutes City Commission Boynton Beach, Florida May 17, 2016 Attorney Cherof requested they consolidate the presentation and administered an oath to all those intending to testify. Mr. Miller had no objection to the consolidation. Bradley Miller, Miller Land Planning, 508 E. Boynton Beach Boulevard, a Land Planner since 1984, repeated his credentials. Also present was Marty Perry, a Land Use Attorney. Mr. Miller explained Stor-All Luxury RV and Boat Storage, LLC is a partnership with Stor-All and the Anderson and Morton families. Both families have been active in Boynton Beach dating back into the 50's and 60's. Charlie Anderson lives in Boynton Beach and has 40 to 50 self -storage facilities throughout the country. Brad Morton, The Morton Group was present and has residential and commercial developments in western Boynton Beach. Also present was Kyle Duncan, an engineer with Simmons and White handling civil and traffic engineering and Greg Potts, Greg Anderson Architecture. Attorney Cherof asked if there were any representatives or groups of citizens in support of the application or if there was a spokesperson opposed to the application. Matt Burger, Jonah Tennant, and Tara Shuster Wallace advised they represented the residents of Lake Boynton Estates. Attorney Cherof advised all could speak. Mr. Miller described the subject property is bounded by 1-95 to the east, the CSX railway to the west. He noted 1-95 has a 400 foot right-of-way and the CSX right-of-way varies having about 100 feet of width on the west side. Atlas Fence Company was to the north of the property and Lake Boynton Estates was to the west. The property to the south was owned by the Winchester family and there was another community on the other side of 1-95. Mr. Miller's clients chose the site for luxury RV and boat storage, and there are self- imposed restrictions to keep the site upscale. The application was a straightforward site plan application and a Community Design Appeal. A City zoning map was viewed. The property was zoned M-1 Industrial with a FLUM designation of industrial which permits a boat and storage facility. The use matrix listed the uses, in which districts they are allowed and further separated the uses as a permitted, conditional or an accessory use. In this instance, it is a permitted use. There were two notes listing specific criteria. The first note clarifies the use is not allowed on arterial or collector roadways. Mr. Miller explained the access road is from Ocean Avenue, a local road and not an arterial or collector road. The second note addresses buffering surrounding properties in the M-1 District. The plan and application complies with both criteria. The site is comprised of 6.9 acres with a 1,000 square foot administration building. The plan proposed 216 storage bays; 197 of them under cover from a metal structure; 14 bays were open air, uncovered spaces; and five bays were completely enclosed. Access is from W. Ocean Avenue, which has the only crossing from the CSX railroad to the property. 20 Page 663 of 716 Meeting Minutes City Commission Boynton Beach, Florida May 17, 2016 The office area would service those interested in renting, who would then continue to a gated area. A wash area would be near the facility entrance. Mr. Miller was given a contact person in the community, Ms. Franklin, and they have spoken a few times. Mr. Miller advised they wanted to meet with the residents, but the residents did not want to meet with them. Ms. Franklin was concerned about the wash area, the lift station to flush the sewage system and concerns about odors. Mr. Miller advised lift stations are in luxury communities and this would be no different. The wash area is for the owners to wash the vehicle or boat. There is a dumpster and a facility where they can empty sewage tanks. There is a large concrete area on the ground with a device connecting to a tube from the RV that flushes the system. The waste goes directly into the sewer system. The manager has a direct view and can watch the area as vehicles come and go. (Commissioner Romelus left the dais at 8:59 p.m.) A landscape buffer of five feet would surround the entire site. The plant species was a mix of trees, hedges and an eight -foot wall. The initial application included a variance request to reduce the building setbacks to the covered structures, but was withdrawn. The structures are set back 15 feet which complies with the Code. The bays and covered area would extend up to the five-foot buffer. The proposed hours of operation are 9:30 a.m. to 6:30 p.m. daily. The gated area would be open 6 a.m. to 10 p.m. Criteria they self-imposed as conditions of approval would be included in the leases, which included no storage of commercial vehicles, mechanical repairs of RVs and boats, no flushing of boat engines, no overnight stays for RVs or boats, no inoperable vehicles or boats and no sales of RVs or boats. The office elevations were viewed. (Commissioner Romelus returned to the dais at 9:02 p.m.) The Community Design Appeal pertained to the eight -foot perimeter wall. The design standards required a variation and offsets to allow plants on either side of the wall. Mr. Miller believed it would be better for the wall to be straight allowing for landscaping on the exterior side of the wall. There would be storage bays on the interior and asphalt would abut to the wall. The site access is directly across the rail crossing at W. Ocean Avenue. There are other alternatives, one being the northern route on West Ocean Avenue, and a better route would be W. Ocean Drive because it has a 70 -foot right-of-way. West Ocean Avenue has a 50 -foot right-of-way. The pavement itself is the same, but the space on the side of the pavement is wider. Mr. Miller explained a prior approval was given for the Ocean 95 Exchange Park industrial warehouse development, but it was not developed. Their traffic study showed significantly more average daily trips per day to the property. The property was the original Boynton Beach Train Station which also had a traffic impact. When Mr. Miller located to Boynton Beach, the property was known as All For Steel, which 21 Page 664 of 716 Meeting Minutes City Commission Boynton Beach, Florida May 17, 2016 accommodated larger trucks distributing steel product. It would be nothing new for the property to be used for industrial purposes as noted in the land use and zoning plans. Compared to the application, this use would be the best use of the property from a traffic standpoint. The average daily trips would be 67. One trip per day would occur during peak hours which could be the manager going to and from work. The Ocala facility has one to two vehicles leaving the property and on weekends there are four to eight vehicles leaving the property from the 150 space facility. The most direct route would be SW 8t" Street. It is an alternative route, but the preferred route is W. Ocean Drive and this access will be marketed and promoted on their website and in the lease arrangement. Commissioner Katz asked if language could be added in the lease that if RV owners did not use the preferred route, they could lose their lease and learned it could. Kyle Duncan, Simmons and White, 25081 Metro Center Boulevard, West Palm Beach, explained 67 trips is substantially less than all the permitted uses on the site. It represents one patron coming in the morning to pick up their boat and they leave; they come back to drop their boat and leave which totals four trips from one patron. He clarified that was where 16 vehicles per day would come in across 67 trips. When driving a high-end RV or towing a boat, it is human nature to drive more carefully than in a normal passenger car. Commissioner Casello asked how often people take their vehicles out of storage and for how long. Mr. Duncan explained it is on a case-by-case basis. The Ocala facility experiences weekend use. Recreational vehicles leave and come back over an extended period of time, and boats will be used more frequently. Mayor Grant noted there is a fork in the road on SW 7t" Drive. He asked how RVs and boats will handle the fork. Mr. Miller explained this was reviewed with Jeff Livergood, and Mr. Livergood explained City vehicles can make the turn. Mr. Miller explained the facility is a permitted use in the M-1 zoning district. It has the least impact on the abutting neighborhood. The 67 trips equates to traffic for seven homes, having a low impact. They reduced the building area and the impact from a previously approved project. City staff and the Planning and Development Board recommended approval and they suggested using gravel instead of pavement, which would violate the Code as it does not provide an additional pervious area. They did not want that condition and asked it be struck. The wall for the community design appeal would be reduced from 10 feet to 5 feet, the conditions of approval were fine and they offered the additional restrictions. Commissioner Katz asked what would occur if the board denied permission to develop the project. 22 Page 665 of 716 Meeting Minutes City Commission Boynton Beach, Florida May 17, 2016 Vice Mayor McCray asked about the wall and learned trees would be planted along the wall. There would be 100 trees on the west side of the property as well as others all the way around the perimeter. Marty Perry explained he has been an attorney in Palm Beach County for 50 years. He has extensive experience in SE Florida and the Treasure Coast in Land Use Planning and in the Florida Courts. Mr. Perry explained they were not seeking zoning approval. They were seeking site plan approval. Their obligation is to meet the development regulations and the staff knows they met the conditions. What was presented was the only competent substantial evidence related to the application. If denied, there would be no recourse except to go to court. His recommendation would be to litigate if denied. Commissioner Casello asked if the owner could apply later on for repairs to be made on site and learned it would be a condition of approval. If modified, the request would have to go through the process again. Commissioner Casello noted the playground, extending sidewalks and fencing around the playground and asked it that was still under consideration. An aerial was viewed showing two parking spaces and a sidewalk installed halfway up to the tot lot. Mr. Miller advised they would contribute $5,000 to improve the park. Commissioner Casello noted the original conversation was to extend the sidewalk and fence the park and asked it that could be accomplished with $5,000. Mr. Miller thought it would cover the pavement, but did not know if it would cover the fence and determining where the fence would be. Commissioner Casello asked if Stor- All would accept a dollar amount if the City determined how much it would cost, and after brief dialogue, a cap of $10,000 was offered by Mr. Miller. Vice Mayor McCray explained Leisureville did not want Home Depot and the City got hit with a $20 million lawsuit that citizens paid. Commissioner Romelus fundamentally opposed the application and commented it was a safety issue. She requested the City Commission acknowledge the presence of the residents present in opposition. She did not find the project smart or safe for the residents and noted Planning and Development does not live in the community. She did not support the project. Vice Mayor McCray understood all are concerned about children and commented that was why there was a playground. The property is zoned for the use and the applicant is allowed to build it. It is the best use of the property. The City Commission has no say over the project. The following individuals opposed the request: • Tara Shuster Wallace, 638 SW 4t" Avenue • Jonah Tennant, 653 SW 4t" Avenue • Jeff Morgan, 745 SW 1St Court • Steve Scott, 215 SW 8t" Street 23 Page 666 of 716 Meeting Minutes City Commission Boynton Beach, Florida May 17, 2016 • James Bogert, 721 SW Lake Court • Wendy Franklin, 120 NW 6th Street • Carol Mahoney, 737 SW 1St Avenue • Rebecca Rei ngold, 116 W. Ocean Drive • Maryland Hammett, 102 SW 7th Street • Stanley Gomez, 811 SW 1St Avenue • Judy Cloutier, 709 SW 1St Court, • Charlotte Ferri, 317 SW 7th Street • Matt Burger, 221 SW 6th Street • Herb Suss, 1711 Woodfern Drive • "Anderson" 643 SW 3rd Avenue Individually and/or collectively, the above opposed the application based on waste disposal on site, the site being landlocked, loss of property values and quality of life, lack of CDL licenses and failure to make turn radius, youth and senior citizen safety, disabled and hard of hearing individuals using and crossing the road, the traffic impact, GPS not providing the approved route, sound vibration damage to homes, lack of on- site supervision, drinking while using boats and RVs, Ocean Drive narrowing at 7th and 8th Streets, lack of sidewalks, lack of traffic calming measures, and bus stops in the area. Commissioner Casello asked Ms. Mahoney if there were any problems with the large boats in her neighborhood. She noted the boats are parked in the yard for prolonged periods of time and the City's sanitation trucks have to travel in reverse because they cannot turn around. Mayor Grant closed public hearing. Kathleen Hatcher, Senior Planner, explained staff recommended approval of the site plan, the appeal and variance. The Planning and Development Board recommended 4-1 to approve the site plan, voted 5-0 for the variance and 5-0 for the appeal. Following the Board meeting, the applicant withdrew the variance and modifications were made and recommendations were made to the conditions of approval. Three conditions were added and one was modified which was given to the Commission and included in the staff report in Novus Agenda. Mayor Grant noted one condition was having restrictive covenants in the deed which was a Board request. Restrictive covenants would have to be reviewed and approved before they are recorded. The conditions of approval are subject to compliance at the time of building permitting. Legal would be included in the review. Attorney Cherof explained the language could be clarified it would be placed on the agenda for the restrictive covenants which was sufficient for Mayor Grant. 24 Page 667 of 716 Meeting Minutes City Commission Boynton Beach, Florida May 17, 2016 Mayor Grant asked about garbage trucks and mail boxes. Mr. Livergood had not heard about garbage trucks knocking over mailboxes, but commented if so, the City will repair the mailboxes. He noted all of the trucks could maneuver the streets and some streets are dead end requiring the trucks to back up. Commissioner Romelus thought the problem was the size of the trucks compared to the RVs and boats. She observed garbage day in the neighborhoods. When the garbage truck came, she did not move her vehicle and the truck got by passing her narrowly. She proposed the roads are not meant for large vehicles at the same time and she thought it was dangerous. Mr. Livergood agreed, but pointed out most of the residential roadways have a 20 -foot width. Ocean Drive, for the majority was 36 -feet wide which could accommodate the volume. There was only one portion of Ocean Drive that was 20 to 22 feet wide. Mike Rumpf, Planning and Zoning Director, explained arterial roads to Mayor Grant. Commissioner Katz inquired how much contact was made with property owners and the Department of Transportation to investigate alternative routes. Mr. Livergood explained when the first development was there, staff looked at alternative routes to the north and south and explained construction of any alternative routes is an expense to the City. The north route was flawed because it involved taking a private house and going in front of residential homes. The southern route from an engineering perspective met all requirements, but it was not an expense that could be imposed on the developer because they had access to the right-of-way. The City Commission contracted with an engineer to evaluate the potential for a southern route to look at the expenses and it was a $1.5 million conservative estimate. At the time, the City added it to their five-year capital plan. When the project did not move forward, the funds were removed. The southern route has a problem with property on the north side of Ocean Avenue. For the southern route to be created, the Ocean Avenue railroad crossing would have to be closed as was researched with the Department of Transportation. To close that, the properties north of Ocean Avenue would be required to have access through the RV storage project to access the southern route. Additionally, for the southern route to be a success, the developer would have to grant through movement to the properties to the north. Commissioner Casello noted Ocean Drive is the preferred route, and there will be language with the leases which states the preferred route has to be utilized. It was also agreed the sum of $10K will be used to make improvements to the park. Mayor Grant asked who would handle the RV dumps and learned if someone needed assistance, the manager would help. He asked what happens after hours when the manager is not there and learned there will be surveillance throughout the site. He thought the dump station did not have to be next to the front entrance, and since the site was under surveillance, it could be moved somewhere else. 25 Page 668 of 716 Meeting Minutes City Commission Boynton Beach, Florida May 17, 2016 Mayor Grant commented on the Winchester lawsuit and asked why it was not a taking of the southern property, if the City closed it off if the site plan is approved. Mr. Miller could not address the taking issue. The judgment for the Winchesters was about $2.3 million when the rail was realigned. The Winchesters filed suit against the DOT and the railway and won the settlement which included restrictions on access. It is the same today. Mayor Grant asked if the site plan is approved, whether it constituted a taking of property to the south because they would have no access. Attorney Cherof did not know all the facts as the City was not a party to the action. Commissioner Katz commented the City had no legal recourse. The developer had the right to develop the site. If denied, the City will be sued and the City will lose financial resources. He suggested the City look for an alternative route and table the matter for 30 days. If the City cannot find a viable solution, he will support the project. Commissioner Casello asked if 30 days was sufficient for staff to research the matter. Mr. Livergood explained they researched the matter eight years ago and he had provided a good summary of the alternative routes. They looked at the north route which had fatal flaws. The southern route was prohibitive, due to the cost borne by the taxpayers. He did not know what other routes are available and nothing changed except cost. Access to the property has not changed, only the use. Vice Mayor McCray commented he voted against Krispy Kreme before the City was redistricted, and he has concerns and cares for the neighborhood. Attorney Perry explained the issue of the southern route was explored extensively between 1990 and 1995 during the Woolbright Place hearings, which was the litigation that was referred to earlier. The developer made significant efforts due to the Winchesters who opposed the Woolbright Place development, because the only access they had to their property was through the access point by the train station and they were restricted because there is a provision in the ordinance that says a cul-de-sac cannot be longer than 600 feet. The Winchesters could not access their property, some of which was surplus property acquired from the DOT from the 1-95 taking. They met with CSX to resolve the issue and obtain access, meeting the same problems as it was virtually impossible to accommodate the southern route. Mr. Perry explained the site was an industrial site for the last 40 years and the streets are public streets. The use is the least intrusive use. Boat owners go out on Saturdays and Sundays from about 6 a.m. and 10 a.m. Boaters usually return in the late afternoon to early evening. Ocean Drive is the focused route. Not everyone who has a boat or RV is going to race down the street. The request is for site plan approval. Something will locate to the site and something has always been on the site. There were no objections to the conditions of approval. Commissioner Casello agreed. He felt for the safety of the residents, but would favor it. Mayor Grant hoped there would be evidence of any study regarding safety. 26 Page 669 of 716 Meeting Minutes City Commission Boynton Beach, Florida May 17, 2016 A 2012 case study in Arizona was mentioned involving a truck route straight through a residential area. The municipality, for the benefit of the neighborhood, amended the law and removed that part of the zoning for the industrial area. They found it was harmful and detrimental to the health, welfare and safety of the City's residents. It interfered with comfortable enjoyment of life and it created noise. Another case in California occurred last year when traffic congestion increased safety issues. The pavement would be damaged, noise and air pollution would occur, and it would increase asthma and underdeveloped lungs in youth if a truck route was placed in a residential area. Mr. Burger was aware of a study indicating large heavy trucks are harder to stop than a car. Mayor Grant noted a revised fatality analysis of all accidents in the U.S. reported a total of 212 people perished in motor home accidents between 2000 and 2007 making up an average of 26 deaths per year, representing one-third of the average rate of all vehicles, or 44 out of 100 million, or 1.48 for all vehicles in the United States. Mayor Grant wanted to see if there are other cities proving RVs and boats have public safety issues when they go through a residential neighborhood. Motion Commissioner Katz moved to approve. Commissioner Casello seconded the motion. Attorney Cherof inquired if all the conditions or modified conditions of approval that were discussed were included in the motion and learned they were. Interim City Clerk Pyle called the roll. Vote The motion passed 3-2 (Mayor Grant and Commissioner Romelus dissenting.) 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS A. Provide direction to City Staff regarding replacement of the Madsen Center HVAC system. Peter Pagliaro, Volunteer Managing Director of Boynton Beach Playhouse, explained they just became Boynton Beach Playhouse a year ago and was Stage Left Theater prior to that. The organization is a non-profit 501 (c) (3) charitable organization and they present plays, drama, comedies, murder mysteries and more. The organization has been in Boynton Beach for four years, starting their fifth season and operated in Palm Beach County for 24 years. They have a great reputation and were building their patron list and clientele. The organization came to Boynton Beach because they lost their space in West Palm Beach. A friend brought the organization to the City and they 27 Page 670 of 716 15.A. FUTURE AGENDA ITEMS 11/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 REQUESTED ACTION BY COMMISSION: City Commission to review Legislative Priority List for upcoming Legislative Session - January 17, 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: REVIEWERS: Department City Clerk Reviewer Action Date Stanzione, Tammy Approved 10/16/2016 - 12:41 PM Page 671 of 716 15. B. FUTURE AGENDA ITEMS 11/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 REQUESTED ACTION BY COMMISSION: Discuss an amendment of the City's Zoning Regulations (LDR Chapter 3, Section 3. D.) to allow medical offices as accessory uses to a residential development. EXPLANATION OF REQUEST. It is staff's understanding that the intent of the request is to allow a medical clinic as an accessory use to a residential development, and that the services of said clinic would not be open to the general public but would be limited to the residents of a given private neighborhood or development. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Clerk Finance City Manager Reviewer Action Date Foyle, Judith Approved 10/10/2016 - 3:34 FSM Howard, Tim Approved 10/24/2016 - 4:55 FSM LaVerriere, Lori Approved 10/25/2016 - 4:30 FSM Page 672 of 716 15.C. FUTURE AGENDA ITEMS 11/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 16-018 - SECOND READING - Approve amendments to the Comprehensive Plan Coastal Management Element for transmittal to the Department of Economic Opportunity for the State - Coordinated Review. The proposed amendments address new statutory requirements pertaining to prevention/ mitigation of flood hazards in the coastal areas (Chapter 163.3178, F.S.) and update the remaining objectives and policies to account for completions and changes in the City's programs. December 6, 2016 EXPLANATION OF REQUEST: These amendments are part of the Evaluation and Appraisal Review (EAR) of the Comprehensive Plan, pursuant to Section 163.3191, Florida Statutes. At least every seven years, the city must determine whether the need exists to amend the Comprehensive Plan to reflect changes in state requirements since the last time the Comprehensive Plan was updated, and notify the state land planning agency (DEO - the Department of Economic Opportunity) by letter of this determination according to a published schedule. The statutory language also encourages local governments to comprehensively evaluate and, if necessary, update comprehensive plans to reflect changes in local conditions. The proposed amendments must be transmitted within one year of the notification date. The amendments based on the current EAR are limited to the Coastal Management (CM) Element, with the emphasis placed on the response to the new language codified on July 1, 2015, following the 2015 Session of the Florida Legislature. The new requirements pertain to the expansion of flood mitigation measures for redevelopment in coastal areas. The State's requirements are both broad and comprehensive, and after close coordination with reviewers from the state planning office staff proposes extensive amendments to the City's policies in attempt to address all intended requirements. It is difficult at this time to anticipate the ultimate impact on the city of some of these new policies, and almost equally as difficult to summarize the changes in this narrative. However, all proposed programs and activities have merit in addressing this problem and would include more detailed identification and mapping functions, a commitment to steering populations (particularly special needs persons) away from certain flood prone areas, closer examination of permit applications for use of best available methods and materials to mitigate flood damage, regular review of codes and regulations for optimal promotion of flood mitigation, and through coordination with the County -wide efforts charged with addressing hazard mitigation. The proposed policies also reference the City's Climate Action Plan and the commitment to considering the identification of Adaptation Action Areas. Additionally, the proposed amendments include changes to the layout of the element, an update of the existing objectives and policies to account for completions and changes in City programs, and a Flood Hazard Map Series that will be added to the CM Element Support Document. The second public hearing and the final adoption of the proposed amendments is tentatively scheduled for December of 2016. The Planning and Development Board recommended approval of the subject amendments on July 26, 2016. Please note that a map and related comments have been added to the transmittal package pursuant to Page 673 of 716 a recommendation received from the DEO subsequent to the Board's meeting. The map shows flood -prone areas that are likely to be included in the future study which will evaluate options to establish Adaptation Action Area(s) pursuant to Chapter 163.3177 and the Boynton Beach Climate Action Plan. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: Staff does not recommend any alternatives. STRATEGIC PLAN: Great Neighborhoods: Safe, Affordable and Livable STRATEGIC PLAN APPLICATION: Implementation of the action item 1.11 under "Great Neighborhoods: Safe, Affordable and Livable" (FY 2015/16) CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: Incorporation of policies committing the City to the continued implementation of the Climate Action Plan, including the study for establishment of Adaptation Action Areas. Is this a grant? Grant Amount: ATTACHMENTS: Type D Ordinance D Staff Report D Exhibit D Exhibit REVIEWERS: Department Reviewer Development Stanzione, Tammy Description Ordinance approving text amendments to Coastal Management Staff Report Exhibit A. Proposed Amendments Exhibit B. Map Series Action Date Approved 10/13/2016 - 12:41 PIVD Page 674 of 716 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 ORDINANCE NO. 16 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING AMENDMENTS TO THE COMPREHENSIVE PLAN COASTAL MANAGEMENT ELEMENT TO ADDRESS NEW STATUTORY REQUIREMENTS PERTAINING TO PREVENTION/MITIGATION OF FLOOD HAZARDS IN THE COASTAL AREAS ALONG WITH UPDATING THE REMAINING OBJECTIVES AND POLICIES TO ACCOUNT FOR COMPLETION AND CHANGES IN THE CITY'S PROGRAMS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, on August 19, 2008 the City Commission, via Ordinance 08-007, adopted amendments to the City's Comprehensive Plan which included amendments to the Coastal Management Element; and WHEREAS, the proposed amendments, based on the current Evaluation and Appraisal Review (EAR) are limited to the Coastal Management Element and pertain to the expansion of flood mitigation measures for redevelopment in coastal areas; and WHEREAS, the proposed amendments include changes to the layout of the element, an update of the existing objectives and policies to account for completion and changes in City Programs and a Flood Hazard Map Series that will be added to the Coastal Management Element Support document; and WHEREAS, the City Commission deems it to be in the best interests of the citizens and residents of the City to adopt the EAR -based amendments into the City's Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: -1- Page 675 of 716 I Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 2 herein by this reference. 3 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 4 adopts the amendments to the Comprehensive Plan Coastal Management Element for 5 transmittal to the Department of Economic Opportunity for the State -Coordinated Review 6 which address new statutory requirements pertaining to prevention/mitigation of flood hazards 7 in the coastal areas and update the remaining objectives and policies to account for completion 8 and changes in the City's programs, a copy of which is attached hereto as Exhibit "A". 9 Section 3. The City Commission hereby certifies that it shall and will conduct such 10 public hearings as may be required pursuant to Chapter 163, Florida Statutes, as amended, in 11 order to adopt the Comprehensive Plan Amendments and so directs the City Administration to 12 conduct and publish same, as provided by general law. 13 Section 4. The City Commission hereby authorizes the appropriate City officials to 14 submit the appropriate number of copies of this Ordinance and the City's Comprehensive Plan, 15 as amended herein, to the State of Florida Department of Community Affairs and to any other 16 governmental agency having jurisdiction with regard to the approval of same in accordance 17 with and pursuant to Chapter 163, Florida Statutes, and to keep available copies of the Plan 18 Amendments available for public review and examination at Boynton Beach City Hall. 19 Section 5. All laws and ordinances in conflict with any provisions of this ordinance 20 are hereby repealed. 21 Section 6. Should any section or provision of this Ordinance or any portion thereof 22 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the -2- Page 676 of 716 I remainder of this Ordinance. 2 Section 7. This Ordinance shall become effective immediately upon passage. 3 FIRST READING this day of , 2016. 4 SECOND, FINAL READING AND PASSAGE this day of , 2016. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 YES NO 9 10 Mayor — Steven B. Grant 11 12 Vice Mayor — Mack McCray 13 14 Commissioner — Justin Katz 15 16 Commissioner — Christina L. Romelus 17 18 Commissioner — Joe Casello 19 20 21 VOTE 22 ATTEST: 23 24 25 26 Judith A. Pyle, CMC 27 City Clerk 28 29 (Corporate Seal) -3- Page 677 of 716 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 16-031 STAFF REPORT TO: Chairman and Members Planning and Development Board FROM: Hanna Matras Senior Planner THRU: Michael W. Rumpf Director of Planning and Zoning DATE: July 13, 2016 PROJECT NAME/NO: Comprehensive Plan's Coastal Management Element Text Amendments (CPTA 16-001) based on the Evaluation and Appraisal Review (EAR) REQUEST: Approve amendments to the Comprehensive Plan's Coastal Management Element that 1) address new statutory requirements pertaining to prevention/mitigation of flood hazards in the coastal areas (Chapter 163.3178, F.S); and 2) update the remaining objectives and policies to account for completions and changes in the City's programs. PROCEDURE The subject amendments are being processed as part of the Evaluation and Appraisal Review (EAR) of the Comprehensive Plan, pursuant to Section 163.3191(1), Florida Statutes (F.S.), and Rule Chapter 73C-49, Florida Administrative Code. At least every seven years, the city must determine whether the need exists to amend the Comprehensive Plan to reflect changes in state requirements since the last time the Comprehensive Plan was updated, and notify the state land planning agency (Department of Economic Opportunity) by letter of this determination according to the schedule published in Rule 73C-49. The statutory language also encourages local governments to comprehensively evaluate and, as necessary, update comprehensive plans to reflect changes in local conditions. The proposed amendments must be transmitted within one year of the notification date. The EAR -based plan amendments are subject to the State Coordinated Review process Page 678 of 716 Page 2 File Number CPTA 16-001 Coastal Management Element updates per provisions of Section 163.3184 (4), F.S.. At the "proposed" phase, the process involves a public transmittal hearing held by a local planning agency—in Boynton Beach, the City Commission—and a subsequent transmittal of the amendments to the state planning agency (DEO) and other reviewing agencies as required. DEO receives all agency review comments and issues its Objection, Recommendation and Comments Report to the local government. The second (adoption) public hearing must be held within 180 days after receipt of that report, or the amendments are considered withdrawn. BACKGROUND/ INTRODUCTION On August 1, 2015, the City notified DEO that it would amend its Comprehensive Plan to reflect changes in state requirements as well as some changes in local conditions and the city's vision and priorities. (Since the adoption of 2008 EAR -based amendments, the City also adopted extensive amendments to the Future Land Use, Transportation, Housing, and Intergovernmental Coordination elements in 2014.) The proposed amendments based on the current EAR are limited to the Coastal Management (CM) Element, with the main focus placed on the response to the new language required in that element ensuing enanctment of bill CS/CS/CS SB 1094 (2015 Session of the Florida Legislature). On July 1, 2015 section 163.3178(2)(f), F.S. was amended to require that the Coastal Management element includes: (f) A redevelopment component that outlines the principles that must be used to eliminate inappropriate and unsafe development in the coastal areas when opportunities arise. The component must.- 1. ust.1. Include development and redevelopment principles, strategies, and engineering solutions that reduce the flood risk in coastal areas which results from high -tide events, storm surge, flash floods, stormwater runoff, and the related impacts of sea -level rise. 2. Encourage the use of best practices development and redevelopment principles, strategies, and engineering solutions that will result in the removal of coastal real property from flood zone designations established by the Federal Emergency Management Agency. 3. Identify site development techniques and best practices that may reduce losses due to flooding and claims made under flood insurance policies issued in this state. 4. Be consistent with, or more stringent than, the flood -resistant construction requirements in the Florida Building Code and applicable flood plain management regulations set forth in 44 C.F.R. part 60. 5. Require that any construction activities seaward of the coastal construction control lines established pursuant to s. 161.053 be consistent with chapter 161. 6. Encourage local governments to participate in the National Flood Insurance Program Community Rating System administered by the Federal Emergency Management Agency to achieve flood insurance premium discounts for their residents. Additionally, the proposed amendments include changes to the layout of the element and update the existing objectives and policies to account for completions and changes Page 679 of 716 Page 3 File Number CPTA 16-001 Coastal Management Element updates in City's programs. A Flood Hazard Map Series will be added to the CM Element Support Document. The second public hearing and the final adoption of the proposed amendments is tentatively scheduled for December of 2016. PROPOSED TEXT See Exhibit A for the proposed changes, and Exhibit B for the Flood Hazard Map Series. Except for the Coastal High Hazard Area map, which is already included in the existing map series for the Coastal Management Element, all others are new. The maps include: • MAP 1A: Storm Surge Categories for CM Area North • MAP 1 B: Storm Surge Categories for CM Area South • MAP 2 : Coastal High Hazard Area • MAP 3 : FEMA Special Flood Hazard Area (SFHA) • MAP 4 : Historical Flood Insurance Claims • MAP 5A: Sea Level Rise Impact: Projected Inundation, 1 and 2 Feet, CM Area North • MAP 513: Sea Level Rise Impact: Projected Inundation, 1 and 2 Feet, CM Area South • MAP 6 : Top Flood Risk Area ANALYSIS The new policies addressing the requirements listed above draw on several of the City's actions and programs, either recent or not yet incorporated into the CM Element. FLOOD MITIGATION PROGRAMS • Land Development Regulations: City Flood Prevention Code Included the Land Development Regulations is Article X. Flood Prevention Requirements (Chapter 4. Site Development Standards), also referred to as the City Flood Prevention Code. The purpose of this ordinance is to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to: o Minimize unnecessary disruption of commerce, access and public service during times of flooding; o Require the use of appropriate construction practices in order to prevent Page 680 of 716 Page 4 File Number CPTA 16-001 Coastal Management Element updates or minimize future flood damage; o Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential; o Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; o Minimize damage to public and private facilities and utilities; o Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; o Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and o Meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22. The City is in the process of reviewing and updating Article X. The goal of the update is make the requirements consistent with the 5t" edition of the Florida Building Code, which now contains all the laws and rules that pertain to and govern the design and construction of buildings, including those in flood hazard areas. The update will be completed in 2017. • National Flood Insurance Program's Community Rating System (CRS) The City qualified for the CRS in 1991. CRS is a voluntary program that provides reductions to flood insurance premiums in communities willing to implement policies and programs that go beyond the minimum NFIP requirements. Local governments apply for a CRS classification and are given credit points that reflect the impact of their activities on the three goals of the CRS: (1) Reduce flood losses; (2) Facilitate accurate insurance; and (3) Promote the awareness of flood insurance. To obtain the necessary credit points to achieve lower CRS class ratings, they implement a broad range of programs aimed at addressing the three goals of the CRS program. There are eighteen activities by which communities can accumulate points toward their class ratings. Boynton Beach has achieved a respectable Class 7 rating, resulting in a 15% reduction in flood insurance premiums for residents that purchase flood insurance in Special FEMA -defined Flood Hazard Areas (SFHA), and a 5% premium reduction in non- SFHAs in the City. Boynton has recently gone through a recertification process, hoping to lower the rating (the results have not yet been anounced). The City has set as a goal the achievement of a Class 5, which would increase savings to 25%. • Flood Mitigation Plan In July 2013 the City adopted a Flood Mitigation Plan. It was developed to qualify as a "floodplain management plan" under the CRS and also to meet requirements of the Page 681 of 716 Page 5 File Number CPTA 16-001 Coastal Management Element updates Flood Mitigation Assistance Planning Grant and the Disaster Mitigation Act of 2000. The plan enables the City to quickly respond to state and federal funding opportunities for flood mitigation -related projects. The plan defines, justifies, and prioritizes flood mitigation initiatives that have been formulated through a flood hazard analysis and vulnerability assessment process. It also contains an extensive Program for Public Information (PPI)—an outreach program to educate the community on matters pertaining to floodplain management. The Plan will be updated in 2018, with the progress reports compiled on an annual basis (the last one was completed in October of 2015). • Climate Action Plan In 2010, the City identified climate change and its long-term effects as the defining challenge for the 21st century, projecting the direct impact that sea level rise would have on the City's water supply, the ability of stormwater drainage infrastructure to function properly and the livability of real estate along the ocean and Intracoastal Waterway. Committing to a strategic plan that would actively move the community toward sustainability was the approach that began in 2008 and ultimately became a reality when the City Commission adopted the City Boynton Beach Climate Action Plan (CAP) in October of 2010. Also in 2010, Monroe, Miami -Dade, Broward and Palm Beach counties signed the Southeast Florida Regional Climate Change Compact (Compact) supporting the development of a Regional Collaborative Climate Action Plan. In December 2012, the City Commission endorsed the Mayors' Climate Action Pledge, affirming support for the Compact and agreeing to consider integrating the Regional Climate Action Plan framework in whole or in part, into existing and future municipal sustainability action plans. Specific accomplishments of the Compact included the development of regionally - consistent methodologies for mapping sea -level rise impacts, assessing vulnerability, and understanding the sources of regional greenhouse gas emissions. Collectively, these provided the foundation for the Regional Climate Action Plan (RCAP). The Compact recommendations have been incorporated into the City of Boynton Beach Climate Action Plan (CAP 2.0), with the revisions adopted in December of 2015. With the adoption of the CAP 2.0, the City committed to initiating, by 2018, a study which would evaluate opportunities to establish the Adaptation Action Area(s) and related policies pursuant Chapter 163.3177, F.S. for coastal areas that experience flooding due to extreme high tides and storm surge and are vulnerable to the impacts of rising sea level. Currently, the statutes maintain that the establishment of the Adaptation Action Areas is "the option of the local government." As the analysis of optimal locations for Adaptation Action designation is likely to incur significant costs, the City will rely—at least partly—on grants, potential partnership and regional efforts carried by Compact. Page 682 of 716 Page 6 File Number CPTA 16-001 Coastal Management Element updates • Local Mitigation Strategy Plan (LMS) The purpose of the Palm Beach County LMS is to develop and execute an ongoing unified strategy for reducing the community's vulnerability to identified natural, technological and societal hazards. The strategy provides a rational, managed basis for considering and prioritizing hazard -specific mitigation options and for developing and executing sound, cost effective mitigation projects. The LMS also provides a basis for justifying the solicitation and use of local, state, federal and other monies to support hazard mitigation projects and initiatives. Boynton Beach adopted the revised LMS in November of 2014 by resolution R14-109 (the LMS is updated every five years). SUPPORT DATA Flood Hazard Map Series • The Coastal High Hazard Area (CHHA) Since the definition of the designation has not changed, neither has the boundary of CHHA in the City's coastal area. Please note that, out of about 73 acres of land with the CHHA designation, approximately 32 acres are mangrove areas under the City's conservation overlay, and an additional 21 acres are city parks/private recreation or green areas (some overgrown with mangroves). Therefore, some 73% of the CHHA area can be considered undevelopable land. The remaining 27% is developed; any redevelopment activities will be subject to limitations pursuant to Policies 7.6.5 to 7.6.9. • FEMA Map The FEMA's Special Flood Hazard Area map for the City (see the map series) is based on the 1982 data. New flood insurance maps for Palm Beach County remain on hold, with the Federal officials continuing to review appeals claiming that flood risks for many of properties in the county were overestimated. The appeals, by Palm Beach County, West Palm Beach and other cities, were based largely on revised land and water elevation estimates in a study completed by the South Florida Water Management District (Boynton Beach did not file the appeal). The new map will become effective within the first half of 2017; however, as compared to the 1982 map, no major changes are expected for the City. Within the CM area, FEMA Special Flood Hazard Area covers approximately 320 acres, with about 50 acres of City parks and green spaces. The land area covered by the floodwaters of the base flood is the Special Flood Hazard Area (SFHA) on NFIP maps. The SFHA is the area where the National Flood Insurance Program's (NFIP's) floodplain management regulations must be enforced and the area where the mandatory purchase of flood insurance applies. The SFHA includes Zones A, AO, AH, Al -30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE, and V. The City's SFHA within the coastal area includes zones A5, A7 and V8. Page 683 of 716 Page 7 File Number CPTA 16-001 Coastal Management Element updates • King Tides During September and October 2015 king tide events (the highest tide events occurring as a factor of the alignment of and distance between the Earth, Sun and Moon), tide predictions along Florida southeast coast were exceeded by 8-12 inches. Several areas in the City were affected with short term water ponding due to drainage system backflow and seawall breaching. The City is addressing the higher -than -normal king tides by extra elevation in all new projects and installation of back flow prevention valves on outlets. Addressing the issues through rebuilding of the existing public roads to raise elevation is very expensive; no current funding source exists. Sea Level Rise The source of the sea level rise maps and the underlying assumptions is the National Oceanic and Atmospheric Administration's (NOAH) Office for Coastal Management and the October 2015 Unified Sea Level Rise Projection report, compiled by the Sea Level Rise Work Group of the Southeast Florida Regional Climate Change Compact (Compact). Compact considered three planning horizons: (1) short, by 2030; (2) medium, by 2060; and (3) long, by 2100. The Figure 1 below illustrates the projections: FIGURE 1 � Unified Sea Level Rise Projection... •',. (Southeast Florida Region aIClimate Change Compact 2015). TCC AR5 Year R�adrhars USACE High I'd -ILal fins°les ;✓` 2030 & 10 12 ty`, w " t 2060 14 26 34 2100 33 61 81 � Pr _ 1+t" — ijjli x� 10;R .,..i. r,,_. 1 I i;i Peat' Figure 1: Unified Sea Level Rise Projection. These projections are referenced to mean sea level at the Key West tide gauge. The projection includes three global curves adapted for regional application: the median of the IPCC AR5 RCP8.5 scenario as the lowest boundary (blue dashed curve), the USACE High curve as the upper boundary for the short term for use until 2060 (solid blue line), and the NOAA High curve as the uppermost boundary for medium and long term use (orange solid curve). The incorporated table lists the projection values at years 2030, 2060 and 2100. The USACE Intermediate or NOAA Intermediate Low curve is displayed on the figure for reference (green dashed curve). This scenario would require significant reductions in greenhouse gas emissions in order to be plausible and does not reflect current emissions trends.' For the sea level rise maps included in the Flood Hazard Map Series, a medium planning horizon is assumed; the two maps (for the northern and southern Coastal Management Area) show projected inundation at the 1 foot and 2 foot sea level rise. Page 684 of 716 Page 8 File Number CPTA 16-001 Coastal Management Element updates According to the report, medium and long term projections involve a significant range of variations due to uncertainty in future greenhouse gas emissions and their geophysical effects, the incomplete quantitative understanding of all geophysical processes affecting the rate of sea level rise in climate models and current limitations of climate models to predict the future. The NOAA's Office for Coastal Management allows for an online review of sea level through its Sea Level Rise Viewer. The Viewer's map also depicts levels of confidence. In this application, 80% is considered a high degree of confidence: some areas are correctly mapped as 'inundated' more than 8 out of 10 times while areas with a high degree of uncertainty represent locations that may be mapped correctly (either as inundated or dry) less than 8 out of 10 times. The Viewer's confidence map (not included in the attached map series) shows that the projected inundation impact of a 2 - foot sea level rise in the Boynton Beach coastal area is associated with a high degree of uncertainly. Top Flood Risk Area As stated earlier in this report, by 2018 the City shall initiate a study which would evaluate establishment of the Adaptation Action Area(s). Map # 6 included in the Flood Hazard Map Series shows a section of the CMA identified as a top flood risk area, extending south from NE 10th Avenue (Martin Luther King, Jr. Boulevard) to SE 2nd Avenue, with Federal Highway as its approximate western boundary. The subject section of the CMA: • Features as a high risk area in all flood hazard maps • Experienced significant flooding during October 2015 king tide event • Contains the evaluation route from the barrier island • Is targeted for high density redevelopment The area will be considered a priority for inclusion in the incoming Adaptation Action study. RECOMMENDATION The proposed text amendments to the Coastal Management Element and the accompanying map series would be transmitted in continuation of the Evaluation and Appraisal Review process for the City's Comprehensive Plan. Therefore, staff recommends that: 1. The Planning and Development Board recommend approval of the proposed amendments, and Page 685 of 716 Page 9 File Number CPTA 16-001 Coastal Management Element updates 2. The City Commission, acting in its capacity as the Local Planning Agency, approve the amendments for transmittal to the State Land Planning Agency (Florida Department of Economic Opportunity) and reviewing agencies. ATTACHMENTS S:\Planning\SHARED\WP\SPECPROJ\Comp Plan Text Amendments\CPTA 16-001 EAR\Report CPTA 16-001.docx Page 686 of 716 City of Boynton Beach Coastal Management Element Goals, Objectives, and Policies Goal 7 To develop and maintain the Coastal Management area in a manner which protects human life, limits public expenditures in areas subject to destruction by natural disasters while preserving beach, shoreline, marine, wildlife, and recreational resources. Objective 7.1 The City shall continue to enforce all applicable local, state, and federal coastal environmental regulations while providing for the development and redevelopment of waterfront residential -properties. Measurability: Number of special permits issued for waterfront residential development. Policy 7.1.1 The City shall continue to participate in and, where appropriate, locally enforce all existing coastal regulatory activities of the Environmental Protection Agency, the Florida Department of Transportation, the Department of Environmental Protection, South Florida Water Management District, Palm Beach County Environmental Resource Management, & and Palm Beach County Health Department. Policy 7.1.2 The City shall continue to regularly review and, where necessary, modify local development regulations to ensure that development projects utilize best management construction techniques for natural resource protection. Objective 7.2 The City shall coordinate with the Florida Department of Environmental Protection, the South Florida Water Management District, Palm Beach County Department of Environmental City of Boynton Beach 7-1 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 687 of 716 Resources Management, and other affected parties in meeting the requirements of the Florida Total maximum Daily Load Program for the Lake Worth Lagoon. Measurability: Mtmber of measitres Actions initiated in order to meet the Florida TMDL requirements for the Lake Worth Lagoon. Policy 7.2.1 The City shall continue to implement the local water quality improvement program for the City's portion of the Intracoastal Waterway using current stormwater data. Policy 7.2.3 The City will continue to maintain a program of street sweeping roadways and parking areas that drain into the Intracoastal Waterway. Policy 7.2.4 The City, in cooperation with the South Florida Water Management District will continue to enforce the local building construction threshold criteria such that major modifications to existing uses conform to local and regional stormwater pre-treatment standards. Policy 7.2.5 The City shall continue to enforce the land development regulations to require future marinas to be designed to maximize flushing of the marine basin and to provide for proper sanitary sewer hook-ups. Policy 7.2.6 The City shall continue to support the consolidated efforts of the Lake Worth Lagoon Management Plan and Committee and any efforts of Intergovernmental Plan Amendment Review Committee with regard to this important ecosystem. Policy 7.2.7 The City shall continue to seek support and funding from County, State, and Federal agencies relative to establishing a long-term water quality improvement program for Lake Worth Lagoon and the Intracoastal Waterway. City of Boynton Beach 7-2 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 688 of 716 PAN PFAISMAKFa ■. ��• • ,�1111 1111 Objective 7.43 Subsequent to Plan adoption, or when mandated by state statute, the City, in cooperation with Federal, State, County, and adjacent governments will protect and restore the existing coastal dune system and beaches along the City's beachfront and establish standards to minimize the beach and dune impacts of man-made structures. Measurability: Amount of coastal dune system and beaches restored and protected. Policy 7.43.1 The City shall continue to coordinate with the Coastal Council and other agencies to identify County, State and Federal grants available for establishing a local dune protection program. Policy 7.43.3 The City shall continue to provide resolutions to support and maintain areawide beach renourishment efforts, if determined to have no significant negative impact on reefs and other living marine resources. Policy 7.43.4 The City shall continue to provide resolutions that support and maintain improvements of South Lake Worth Inlet to minimize beach erosion. City of Boynton Beach 7-3 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 689 of 716 1204E�� 7.8.4 The Qt�� shall adept the ElAn4t4an of the Ceastal High HaiEafd line as established by a Sea, " City of Boynton Beach 7-4 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 690 of 716 availabilit)�, the City Shall EOE)FElifiate with Palm BeaEh QWHty ]RIFFkafie shelteF SpaEe withifi a timely mamief. The City shall also fieeds of the T -CE A a.,rl the (- a m, -,t r i i afid the like fF Objective 7.404 The City shall continue to protect, conserve and, where possible, improve local wildlife, coastal wetlands, estuaries, coastal barriers and marine habitats. Measurability: Number of acres of habitat protected. Policy 7.494.1 The City shall continue to discourage site clear -cutting and protect, restore and enhance, where possible, existing natural areas and native species, such as beaches and dunes, wetlands, estuaries and drainage systems. City of Boynton Beach 7-5 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 691 of 716 Policy 7.494.2 The City shall continue to encourage responsible agencies to support and enforce the designation of low speed, wake free areas along the Intracoastal Waterway. Policy 7.404.3 The City shall continue to assist with the mitigation strategy programs of transplanting seedlings of red mangrove and marsh grass into the intertidal mangrove areas. Policy 7.404.4 The City shall continue to cooperate with the appropriate agencies on the installation of channel markers to protect sea grasses from prop dredging. Policy 7.404.5 The City shall continue to develop and support educational programs, enhancements, and proper maintenance of the Mangrove Nature Trail and Nature Center in the mangrove hammock adjacent to the eastern terminus of Boynton Beach Boulevard. Policy 7.404.6 The City shall continue to enforce the use of native vegetation species in meeting local landscaping requirements. Policy 7.404.7 The City shall continue to enforce the establishment of buffer areas adjacent to natural areas and mangrove sites, open space provisions, tree protection, storm drainage, and best management practices, and amend to comply with policies in this Element. Policy 7.404.8 The City shall continue to enforce the permitting and mitigation requirements of County, State, and Federal agencies in developing in natural, wetland, and mangrove areas. Policy 7.404.9 The City shall continue to support and cooperate in efforts to preserve and encourage turtle nesting along the City's beach area. Policy 7.404.10 The City shall continue to consider the specific and cumulative impacts of development or redevelopment on wetlands, estuaries, water quality, water quantity, wildlife habitats, living marine resources and beach and dune systems. Policy 7.404.11 The City shall abide by the 2007 Palm Beach County Manatee Protection Plan herein adopted by reference and shall support the County's efforts to protect manatees and their habitats. City of Boynton Beach 7-6 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 692 of 716 Objective 7.5 The City shall continue to search for seek opportunities to increase the amount number of water -dependent and water - related uses and strive to ensure public access to beach and waterfron areas.shor-eline facilities by prioritizing shoreline uses vVith Priority given to -water dependent uses. Measurability: Increase in the number of water dependent and water related uses during the planning period. Policy 7.5.1 The City shall evaluate Land Development Regulations to ensure accommodation of and expand provisions for water -dependent and water -related uses to enhance its brand of a coastal communi1y and to increase business and recreational oaaortunities for both residents and visitors. Policy 7.5.2 The City shall ensure that redevelopment projects on waterfront properties provide waterfront access to theeng eral public while encouraging developers to include waterfront uses and amenities fostering pedestrian traffic. Policy 7.445.43 The City shall continue support, through resolutions, area -wide efforts to acquire and develop additional waterfront and beachfront sites on the condition that such increases do not harm natural resources. City of Boynton Beach 7-7 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 693 of 716 1204EY 7.44.3 Stibseqtient to Plan - -- --- a------ -- adaptian7 the ---- Qt�4 shall adept and impleffiefft City of Boynton Beach 7-7 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 693 of 716 Policy 7.445.44 The City and the Boynton Beach Community Redevelopment Agency shall continue to seekrp ovide funding forte maintenance and improvements, as needed; to pFeseFv for the City's two existing public waterfronts: Boynton Harbor Marina and the Beat Club Harvey E. Oyer Tr. Park. The Policy 7.445.75 The City shall ensure that any new marina or marina expansion minimizes impacts on coastal and marine resources by coordinating review of marina development with input from all appropriate federal, state, regional, and county agencies. The Q Policy 7.445.86 The City shall only allow for location of marinas, boat ramps and other water -dependent uses in a manner which protects seagrass and manatees. Upon the siting of such water -dependent uses, the City shall continue to implement adequate provisions to protect seagrass and manatees such as, but not limited to, minimizing dredging, marking navigation channels, supporting boat speed restrictions, speed zone enforcement, information and restrictive signage, and construction standards so as to not entrap manatees or damage seagrass. To further this goal, new marinas shall only be permitted within the areas identified as a "Preferred" siting category in accordance with the Palm Beach County Manatee Protection Plan. Obiective 7.6 The Citv shall continue to assess the current and future risks to human life and property from floods and other natural hazards in the coastal areas and implement development and redevelopment strategies that reduce such risks. Measurability: Map updates, vulnerability assessments Policy 7.6.1 The City shall maintain and update as needed all maps-- including FEMA flood zones and repetitive claim maps, storm surge/Coastal High Hazard Area maps and sea level rise impact maps— identifying aps— identi. ing current and potential future areas subject to high flood hazard. City of Boynton Beach 7-8 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 694 of 716 Policy 7.6.2 The City shall continue to document and maintain maps of extreme high tides ("king tides'), more frequent severe rainfall events and newly revealed areas at risk of flooding to efficiently target mitigation efforts. Policy 7.6.3 The City shall continue to provide flood relief and cleaning operations to lessen the resident's hardship after a major rainstorm and document the Gigs after -the -storm efforts to evaluate and recommend implementation of minor improvements and projects to be included in the Capital Improvements Plan. Policy 7.6.4 The City shall continue to utilize the Future Land Use Map and the recommendations of the Community Redevelopment Area Consolidated Plan as the basis for development and redevelopment. The siting design and construction of structures shall be consistent with regulations contained in the the 51h Edition of the Florida Building Code and the City Flood Prevention Code as amended from time to time. Policy 7.6.5 The City shall manage its planning, regulatory and utility services to steer future population concentrations away from the Coastal High Hazard Areas (CHHA), which is defined as the area below the elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model. Policy 7.6.6 The City shall not approve any increases in hotel/motel beds and residential densities in the Coastal High -Hazard Area that would increase evacuation times above the 16 hours level of service for out -of -county hurricane evacuation for a category 5 storm event as measured on the Saffir-Simpson scale as provided in Section 163.3148(9)(a), F. S.. Policy 7.6.7 By 2017, the City shall amend Land Development Regulations to prohibit hospitals, congregate living facilities for persons with special needs, nursing homes, and the like from locating within Coastal High -Hazard Area and FEMA -defined Special Flood Hazard Area, and also encourage such existing facilities to relocate to safer locations within the Citv. Policy 7.6.8 Redevelopment of existing dwelling units located in the Coastal High -Hazard area is prohibited unless an engineering study supports that the redevelopment can occur in a safe manner when City of Boynton Beach 7-9 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 695 of 716 considering building construction, design, siting and future storm events. Policy 7.6.9 The City shall limit public expenditures in the Coastal High Hazard Area or flood -prone areas by restricting expansion/ improvement of the existing utilities except for improvements necessary to (1) correct current deficiencies; (2) serve planned redevelopment pursuant to the CRA Community Redevelopment Plan; or (3) improve environmental quality. 7.6.10 The City shall require that any construction activites seaward of the coastal construction control lines established pursuant to Chapter 161.058, F.S. be consistent with the statutory provisions. Policy 7.6.11 The city shall continue to revise building codes and land development regulations to enhance flood mitigation measures in vulnerable areas to reduce future risks associated with high tide events, storm surge, flash floods, stormwater runoff, and the related impacts of sea level rise. In these areas, the Cie shall require vulnerability reduction measures for all new construction, redevelopment and infrastructure such as additional hardening higher floor elevations or incorporation of natural infrastructure for increased resilience. Policy 7.6.12 The City shall consider, whenever feasible, purchasing_ properties in areas most vulnerable to destructive storm surges for recreational uses and open space. Policy 7.6.13 Rise in sea level projected by the federal government (National Oceanic and Atmospheric Administration) shall be taken into consideration in all future decisions regarding the design, location, and development of infrastructure and public facilities in the potentially affected areas. Objective 7.7 The City shall continue to apply the best planning and engineering practices in development to attenuate and mitigate future flood events and modify the Land Development Regulations and other relevant regulatory documents as needed. Measurability: Update of the Flood Prevention Code, number of new stormwater projects funded City of Boynton Beach 7-10 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 696 of 716 Policy 7.7.1 By the end of 2017, the City shall further update its 2010 floodplain ordinance (Flood Prevention Code) for consistency with the 51h edition of the Florida Building Code and also ensure that all future modifications of the flood -resistant construction requirements in the Flood Prevention Code continue to be consistent with, or more stringent than, requirements of the Florida Building Code and applicable flood plain management regulations set forth in 44 C.F.R. part 60. Policy 7.7.2 The City shall continue to upgrade its stormwater infrastructure through drainage improvements, installation of tidal backflow preventers, and seawall repair in addition to sustainable flood management actions such as installation of bioswales, recharge through drainage wells, use of pervious pavement, maintenance of natural preserves areas and protection of tidal beaches that will stand the test of time and be adaptable to future climate changes. Policy 7.7.3 The floodplain administrator /building official shall review all permit applications to determine whether proposed development sites will be reasonably safe from flooding. If a proposed development site is in a flood hazard area, all site development activities, (including grading, filling, utility installation and drainage modification), all new construction and substantial improvements shall be designed and constructed with methods, practices and materials that minimize flood damage and that are in accordance with the citv Flood Prevention Code. Policy 7.7.4 The City shall continue to participate in the National Flood Insurance Program's Community Rating System (CRS) administered by the Federal Emergency Management Agency (FEMA) to reduce flood losses and achieve flood insurance premium discounts for their residents. Objective 7.68 The City shall continue to provide for the local implementation of the County Emergency Preparedness Plan with respect to residential notification, evacuation and City management techniques, with particular emphasis towards the City's multi -family and mobile home areas through an interlocal agreement, and to encourage public participation in the planning process. Measurability: Ongoing coordination with the Palm Beach County Division of Emergency Management. City of Boynton Beach 7-11 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 697 of 716 Policy 7.68.1 The City shall establish and maintain procedures to maintain local emergency services personnel familiarity with Palm Beach County's adopted Emergency Preparedness Plan - Policy 7.78.2 The City shall continue to participate in all countywide emergency preparedness preparation and practice sessions. Policy 7.78.43 The City shall provide input to the County's informational program which identifies the location and magnitude of the coastal area population requiring assistance in evacuation. Policy 7. 8.4 The City shall continue to participate in the Palm Beach Count Hazard Mitigation Working Group (HMWG) and to adopt the HMWG pertinent recommendations on hazard mitigation. Policy 7.8.5 The City shall participate in a long-term, coupe wide, comprehensive shelter program coordinated with public, private, City of Boynton Beach 7-12 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 698 of 716 non-profit organizations to ensure adequate shelter space is available for the long-term needs of the City and the County. Objective 7.9 The City shall continue the implementation of its Climate Action Plan, revised in December 2015, which will include a study aimed at exploring options for establishment of Adautation Action Area(s). Measurability: Adaptation Action Area Study funded and initiated be�� e� nd of 2018. AA areas established bii 2020. Policy 7.9.1 By the year 2018, the City shall intiate a study to evaluate options to establish Adaptation Action Area(s) pursuant to Chapter 163.3177, F.S. for coastal areas that experience flooding due to extreme high tides and storm surge and that are vulnerable to rising sea level. The study will identify portions of the City where the need to improve resilience is the highest and prioritize those areas for adaptation measures and funding of infrastructure improvements. The study shall consider the areas that: 1. Are below, at, or near the average water level; 2. Have a hydrological connection to coastal waters 3. Are designated as evacuation zones for storm surge 4. Are otherwise impacted by climate -related drainage/flood control. Policy 7.9.2 The City shall collaborate/ coordinate with its partners from the Southeast Florida Regional Climate Change Compact on adaptation activities and access to technical assistance and support. Policy 7.9.3 By the end of 2017, the City shall integrate its Climate Action Plan into elements of the Comprehensive Plan as appropriate. Policy 7.42.4 The Qt)� shall cefififiue to utilize the Cemmufiit)� RedevelepmeRt City of Boynton Beach 7-13 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 699 of 716 City of Boynton Beach 7-14 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 700 of 716 FeplaEe �� /PO4EY7.42.4 The Qt�4 shall modify the band Pe*�elapment Regtilatians to1204EY 7.42.5 The Qt�4 Shall 414+ide in the Post Pisastef Rede*�elapfnent PlanPlanning 54+d�- ObjeEfive 7.13 By 2013, the in City shall the coastal high hazard area. at risk poptildfieffconcentrations City of Boynton Beach 7-14 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 700 of 716 1204E�� 7.43.4 The Qt�� shall implement b�� 2043, the past Elisastie-F fede*�elapm City of Boynton Beach Comprehensive Plan Amendments 08-01 EAR - - Qiliis activities. 7-15 Date: August 19, 2008 Coastal Management Element Ordinance: 08-007 Page 701 of 716 FLOOD HAZARD MAP SERIES Page 702 of 716 MAP SERIES: FLOOD HAZARD Coastal Management Area North MAP 1A: Storm Surge Categories Legend aim City Boundary 0 500 1,000 1,500 2,000 mEmmmmmmzzzzeet Page 703 of 716 MAP SERIES: FLOOD HAZARD Coastal Management Area South MAP 113: Storm Surge Categories Legend Storm Surge Zones aim City Boundary 0 620 1,240 1,860 2,480 Feet r N r a Page 704 of 716 MAP SERIES: FLOOD HAZARD Coastal Management Area MAP 2: Coastal Flood Hazard Areas Legend Coastal High Hazard Area (CHHA) -no-aim City Boundary 0 875 1,750 2,625 3,500 Feet Page 705 of 716 MAP SERIES: FLOOD HAZARD Coastal Management Area MAP 3: FEMA Special Flood Hazard Areas (SFHA) Legend SFHA FLOOD ZONES A5 A7 V8 --sul City Boundary Source: FEMA 1982 Note: New FEMA maps awaiting approval 0 875 1,750 2,625 3,500 Feet Page 706 of 716 MAP SERIES: FLOOD HAZARD Coastal Management Area MAP 4: Historical Flood Insurance Claims Legend Claims by Decade 1970's (10) 1980's (9) 1990's (27) ❑ 2000's (25) 2010-2015 (14) El Special Flood Hazard Areas (SFHA) 1,000 2,000 3,000 4,000 Feet Page 707 of 716 MAP SERIES: FLOOD HAZARD Coastal Management Area North MAP 5A: Sea Level Rise Impact Projected Inundation at 1 and 2 feet Legend SLR at 1 foot EM SLR at 2 feet ....... City Boundary Source: NOAA Office for Coastal Management 0 500 1,000 1,500 2,000 Feet E 26h Im Page 708 of 716 MAP SERIES: FLOOD HAZARD Coastal Management Area North MAP 513: Sea Level Rise Impact Projected Inundation at 1 and 2 feet Legend SLR at 1 foot EM SLR at 2 feet ....... City Boundary Source: NOAA Office for Coastal Management 0 625 1,250 1,875 2,500 Feet I No SE is to In Page 709 of 716 MAP SERIES: FLOOD HAZARD Coastal Management Area MAP 6: Top Flood Risk Area Legend = SFHA (A5) FEMA Flood Zone SFHA (A7) FEMA Flood Zone Coastal High Hazard Area Projected Inundation Sea Level Rise at 1 foot mil City Boundary 0 400 800 1,200:00 wwmmmmrzzzeet Page 710 of 716 15. D. FUTURE AGENDA ITEMS 11/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 REQUESTED ACTION BY COMMISSION: Monthly Departmental Presentations: Human Resources/Risk Management - November 2016 City Clerk - December 2016 Library - January 2017 Communications/Marketing - February 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: REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 10/21/2016 - 6:40 AM Finance Howard, Tim Approved 10/21/2016 - 6:40 AM City Manager LaVerriere, Lori Approved 10/25/2016 - 4:07 PM Page 711 of 716 15. E. FUTURE AGENDA ITEMS 11/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 REQUESTED ACTION BY COMMISSION: Update and direction on the City's workforce housing ordinance; Chapter 1, Article V, Section 2, Workforce Housing Program - November 15, 2016 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department Development Finance City Manager Reviewer Action Date Pyle, Judith Approved 10/26/2016 - 2:40 PM Howard, Tim Approved 10/26/2016 - 2:56 PM LaVerriere, Lori Approved 10/27/2016 - 2:06 PM Page 712 of 716 15.F. FUTURE AGENDA ITEMS 11/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 REQUESTED ACTION BY COMMISSION: Interlocal Agreement with CRA for Community Standards Outreach position - November 15, 2016. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. Budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 10/26/2016 - 2:25 FSM Howard, Tim Approved 10/26/2016 - 2:25 FSM LaVerriere, Lori Approved 10/27/2016 - 2:03 FSM Page 713 of 716 15.G. FUTURE AGENDA ITEMS 11/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 REQUESTED ACTION BY COMMISSION: The Brass Tap (COUS 16-006) —Approve request for Conditional Use for a Bar & Nightclub to allow liquor sales at an existing restaurant, located at 950 N. Congress Avenue, Suite J-100, in the Boynton Village & Town Center development, in the Suburban Mixed Use (SMU) zoning district. (Conditional Use approval is required in connection with the request for approval to sell liquor. The sale of liquor is projected to increase revenues from the sale of alcohol to over 51 % of total sales, which changes the use from a "Restaurant" to a "Bar & Nightclub" use.) Applicant: Matthew Baum, Craftmade Boynton, LLC dba The Brass Tap. - 11/15/16 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department City Clerk Finance City Manager Reviewer Action Date Foyle, Judith Approved 10/26/2016- 10:25 AM Howard, Tim Approved 10/26/2016 - 10:64 AM LaVerriere, Lori Approved 10/26/2016 - 11:40 AM Page 714 of 716 Page 715 of 716 15. H. FUTURE AGENDA ITEMS 11/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/1/2016 REQUESTED ACTION BY COMMISSION: Smart Starts Day Care (COUS 16-003/MSPM 16-006) — Approve request for Conditional Use approval associated with a request for Major Site Plan Modification approval for conversion of a 13,640 square foot office building to a day care facility and related site improvements, located at 3452 W. Boynton Beach Boulevard, in the C-1 (Office Professional) zoning district. Applicant: Bradley Miller, Miller Land Planning, Inc. - 11/15/16 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department City Clerk Finance City Manager Reviewer Action Date Pyle, Judith Approved 10/23/2016- 10:20 AM Howard, Tim Approved 10/26/2016 - 10:34 AM LaVerriere, Lori Approved 10/23/2016 - 11:35 AM Page 716 of 716