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Agenda 10-20-15The City of Boynton Beach City Commission Agenda Tuesday, October 20, 2015, 6:30 PM City Hall Chambers 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Regular City Commission Boynton Beach City Commission Mayor Jerry Taylor (At Large) Vice Mayor Joe Casello (District IV) Commissioner David T. Merker (District 1) Commissioner Mack McCray (District 11) Commissioner Michael M. Fitzpatrick (District III) Lori LaVerriere, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk *MISSION* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www. boy nton- beach. org Page 1 of 636 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 2 of 636 1. OPENINGS A. Call to Order - Mayor Jerry Taylor I nvocation Pledge of Allegiance to the Flag led by Commissioner McCray 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 Recreation & Parks Director Wally Majors regarding the Tennis Center hosting the Rally For The Cure event, which will be held on Saturday, October 24 beginning at 10 a.m. B. Announcement of the Community Redevelopment Agency's (CRA) Boynton Beach Pirate Fest and Mermaid Splash. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 1 Reg Building Board of Adjustments and Appeals: 1 Alt Education and Youth Advisory Board: 1 Stu Golf Course Advisory Committee: 1 Alt Recreation and Parks Board: 1 Alt Senior Advisory Board: 1 Reg and 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. R15-132 - Approve and authorize the execution of an Interlocal Agreement for vote processing equipment use and election services by and between the Palm Beach County Supervisor of Elections and the City of Boynton Beach. B. Approve funding in an amount not to exceed $12,000 for a Rent Reimbursement Grant to Driftwood Page 3 of 636 Ales LLC, 108 Commerce Road, Boynton Beach, Florida, 33426. C. Approve a one year piggy -back of the State of Florida contract no. 41120000 -15 -ACS with Fisher Scientific Company, LLC for the purchase of consumable laboratory supplies for the Utilities Department, for a not -to -exceed amount of $40,000. The City's purchasing policies allows the utilization of the State of Florida contracts. D. Approve utilizing the State of Florida Contract number 43211500-WSCA-15-ACS for the purchase of Dell desktop computer and monitors for various City departments for the amount of $29,998.23. E. 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 20, 2015 - "Request for Extensions and/or Piggybacks". F. Approve purchase of Faro Focus 3D Scanner and all other necessary equipment from FARO Technologies of Lake Mary, FL as a sole source purchase in the amount of $77,483.20. To be funded from Federal Forfeiture funds. G. PROPOSED RESOLUTION NO. R15-133 - Approve the Interlocal Agreement between the City and Palm Beach County for participation in the Drowning Prevention Coalition's (DPC) Learn to Swim Program, which provides vouchers to the public that may be redeemed for swimming lessons at the John Denson Pool. H. Approve the minutes from the Regular City Commission meetings held on October 6, 2015. I. Accept the written report to the Commission for purchases over $10,000 for the month of September 2015. J. PROPOSED RESOLUTION NO. R15-134 - Approve Amendment #1 to the Agreement between the City of Boynton Beach and Boynton Beach Faith -Based Community Development Corporation for $120,000 of funding from the Heart of Boynton Beach -Model Block Project Activity that was adopted on August 4, 2015 as part of the Community Development Block Grant (CDBG) One Year Action Plan for fiscal year 2015/2016. 7. BIDS AND PURCHASES OVER $100,000 A. Approve a one-year extension to the "Cooperative Bid to Furnish, Deliver and Discharge Quicklime" with a freight increase of $1.20 per ton, with Lhoist North America. This product will be ordered on an "As Needed" basis for the anticipated annual expenditure of $320,000. 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. A. Approve request for Conditional Use / Major Site Plan Modification for additions of a 13,087 square foot Elementary School / Early Childhood Development Center building, a 13,001 square foot General Use building, and a 6,000 square foot Athletic / Locker Room building to the existing Lake Worth Christian School campus, located at 7592 High Ridge Road within the R1 -AA (Single -Family Residential) zoning district. Applicant: Dustin Mizell, Dustin Mizell Landscape Architecture. B. PROPOSED ORDINANCE NO. 15-029 - FIRST READING - Approve amendment to Chapter 14, Section 14 -9 --Disabled Parking Regulations to be consistent with Florida Statutes. C. PROPOSED ORDINANCE NO. 15-030 - FIRST READING - PUBLIC HEARING - Approve amendments to the Land Development Regulations (LDR), Part 3, Zoning, Article IV. Use Regulations, Section D, Use Matrix & Notes that support continued operation of existing gas stations in desirable locations within the City by, in part, changing the permitted and conditional Page 4 of 636 use status for Gasoline Stations within the C-2, C-3, C-4 and PCD Zoning Districts, and the addition of Gasoline Stations as an allowed use within the Planned Industrial Development (PID) Zoning District. Applicant: City initiated. 10. CITY MANAGER'S REPORT A. Discuss the recommendation from Recreation & members of the Academy of Model Aeronautics controlled (RC) helicopters and multicopters (aka: fields. The members would participate as part presentation is included. 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS Parks Director Wally Majors to allow registered (AMA) to fly battery powered, electric, radio drones) at the Hester Park football and baseball of a chartered "club". A short PowerPoint A. Authorize the expenditure of $1,000 from Commissioner McCray's Community Support Funds to the Dimensional Harmony Choir from Boynton Beach Community High School. B. PROPOSED RESOLUTION NO. R15-135 - 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 Housing Trust Group (HTG) in association with their application for the 9% tax credit for Low Income Housing Tax Credits for the proposed development known as South Side of Martin Luther King, Jr. Blvd. Project and sign any related application documents to confirm such support. C. Discuss proposed volunteer cleanup event inside the Old High School in November, 2015. D. Discussion of legalization of medical marijuana per request of Commissioner Merker. 13. LEGAL A. PROPOSED ORDINANCE NO. 15-024 - SECOND READING - PUBLIC HEARING - Approve Petition to Expand Boundaries of Boynton Village Community Development District. (TABLED ON 10/6/16) B. PROPOSED ORDINANCE NO. 15-025 - SECOND READING - PUBLIC HEARING - Approve MILK South (LUAR 15-001) Future Land Use Map amendment from Local Retail Commercial (LRC) and Medium Density Residential (MeDR) to Mixed Use (MX), and PROPOSED ORDINANCE NO. 15-026 - SECOND READING - PUBLIC HEARING - Approve rezoning from C-2 (Neighborhood Commercial District) and R-2 (Single -and Two -Family Residential District), to MU -1_2 (Mixed Use Low Intensity 2 District). Applicant: City -initiated at the CRA request. C. PROPOSED ORDINANCE NO. 15-027 - SECOND READING - PUBLIC HEARING - Approve Ocean Breeze East (LUAR 15-003) Future Land Use Map amendment from High Density Residential (HDR) to Mixed Use (MX) and PROPOSED ORDINANCE NO. 15-028 - SECOND READING - PUBLIC HEARING - Approving rezoning from R-3 (Multi -Family Residential District) to MU -1_2 (Mixed Use -Low Intensity 2 District). Applicant: City -initiated at the request of CRA D. Pursuant to Section 286.011(8), Florida Statutes, Attorney Cherof is requesting a private attorney- client session of the City Commission to discuss pending litigation in the following case: DENNIS GALINDEZ and MARLA GALINDEZ, his wife, Plaintiffs, vs. CITY OF BOYNTON BEACH, Defendant - Case No. 50 2015 CA 002413 Al E. PROPOSED RESOLUTION NO. R15-136 - Approve Resolution creating a Community Page 5 of 636 Redevelopment Agency Advisory Board establishing procedures for appointment and removal of members. F. PROPOSED RESOLUTION NO. R15-137 - Authorize the City Attorney or his designee to accept service of process on behalf of the City in the absence of the Mayor, Vice -Mayor or any member of the City Commission. 14. FUTURE AGENDA ITEMS - None 15. ADJOURNMENT NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDAAFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 6 of 636 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/20/2015 REQUESTED ACTION BY COMMISSION: Call to Order - Mayor Jerry Taylor I nvocation Pledge of Allegiance to the Flag led by Commissioner McCray 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: Department City Clerk 1.A. OPENING ITEMS 10/20/2015 Reviewer Action Date Pyle, Judith Approved 10/12/2015 - 8:08 AM Page 7 of 636 2.A. OTHER 10/20/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/20/2015 REQUESTED ACTION BY COMMISSION: Informational items by Members of the City Commission EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department City Clerk Reviewer Action Date Foyle, Judith Approved 10/12/2015 - 8:08 AM Page 8 of 636 3.A. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 10/20/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/20/2015 REQUESTED ACTION BY COMMISSION: Announcement by Recreation & Parks Director Wally Majors regarding the Tennis Center hosting the Rally For The Cure event, which will be held on Saturday, October 24 beginning at 10 a.m. EXPLANATION OF REQUEST: October is Breast Cancer Awareness Month. Proceeds from the Rally For The Cure will benefit breast cancer research and related activities. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No affect. FISCAL IMPACT: Budgeted All event related expenses are covered through a portion of the registration fees and sponsors. ALTERNATIVES: Do not make the announcement STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment REVIEWERS: Department Recreation & Parks Assistant City Manager Description Rally For The Cure Flyer Reviewer Action Date Majors, Wally Approved 10/1/2015 - 11:34 AM Lejeune, Carisse Approved 10/1/2015 - 2:21 PM Page 9 of 636 Finance Howard, Tim Approved 10121201 - 8:55 AM City Manager LaVerrier , Lori Approved 10/15/2015 - 3:20 PPA Page 10 of 636 The City of Boynton Beach Recreation and Parks Department's x is Proud to Host Winning team of three will each receive a prize! • Each participant receives a goody bag and'a subscription to a Conde' Nast magazine ng up to 16 teams If you don't have a team, the staff in the Pro Shop can help! Call 742-6575. nnlon Beoch Forl I pla�-, D4`paqrnew Saturday, October 24 10:00 a.m. - 1:00 p.m. $25 per player ($20 will be donated to Rally for the Cure®) Register In the Pro Shop by 1019 Check in on 10/24 at 9:30 a )entaelan( osmetic & Famllv Dentist 410 ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 10/20/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/20/2015 REQUESTED ACTION BY COMMISSION: Announcement of the Community Redevelopment Agency's (CRA) Boynton Beach Pirate Fest and Mermaid Splash. EXPLANATION OF REQUEST: The 4th Annual Boynton Beach Pirate Fest and Mermaid Splash will be held on October 24th and 25th, on Ocean Avenue between Seacrest Boulevard and Federal Highway. On Saturday, October 24th, Pirate Fest runs from 11:00 A.M. to 9:00 P.M. and on Sunday, October 25th from 11:00 A.M. to 7:00 P.M. The festival opens with canon fire, and includes eleven stages of continuous live music, comedy acts, children's activities, pirate re-enactments, live mermaid shows, stunt shows & aerial acts, magic shows, costume contests, the Mermaid pageant, treasure hunts, Mermaid & Mariner's Parade and more. Craft and food vendors, including local businesses and restaurants, will be on-site. This event is FREE to the public. There is plenty of free parlcing available in the surrounding areas. Everyone is encouraged to participate in the "pirate/mermaid nostalgic maritime" theme by dressing in costume! The Schoolhouse Children's Museum and Learning Center will present a Spoolctacular Haunted (School) House, both days, 10:00 a.m. to 5:00 p.m. The cost to attend is the admission fee to the Schoolhouse Children's Museum. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City will provide necessary support such as road closures, water service, marketing assistance, etc. to the event. FISCAL IMPACT: Budgeted CRA Budget — line item 02-58500-480 ALTERNATIVES: Do not allow announcement. STRATEGIC PLAN: Energetic Downtown: Focal Point for Boynton Beach STRATEGIC PLAN APPLICATION: During the weekend, over 25,000 - 30,000 visitors are expected downtown to attend the 4th Annual Pirate Fest & Mermaid Splash, contributing to our Community Vision - Principal 3 (Energetic Downtown) and Principal 6 (Fun Opportunities). Page 12 of 636 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Addendum Addendum REVIEWERS: Department City Manager Finance City Manager Reviewer Howard, Tim Howard, Tim LaVerriere, Lori Description 16 Pirate Fest Poster Pirate Fest Poster 2 Action Approved Approved Approved Date 10/13/2016 - 2:23 PPA 1011312016 - 2:23 PPA 10116/2016 - 3:16 PPA Page 13 of 636 ******** E CRWS S ********* PRSRT STD Local ECRWSS Postal Customer U.S. POSTAGE PAID EDDM RETAIL Page 14 of 636 . - LONGMAN & n� - Q°rNr®iv<1 A im�BEACHk-,<A f /!�1` 'llr lig ® ' rc@ FS r;�a$rs. G�ER "Ehe: alu G=c2�'�"'S bs ois[°ur�a Carefree,��ry' { I ��, ® iHeart SHE PALM BEACHES Catering RADIO Page 15 of 636 5.A. ADMINISTRATIVE 10/20/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/20/2015 REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings east: Arts Commission: 1 Reg Building Board of Adjustments and Appeals: 1 Alt Education and Youth Advisory Board: 1 Stu Golf Course Advisory Committee: 1 Alt Recreation and Parks Board: 1 Alt Senior Advisory Board: 1 Reg and 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: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Page 16 of 636 D Other Appointments & Applicants D Other Weiss Application REVIEWERS: Department Reviewer Action Date City Clerk Pyle, Judith Approved 1011212015 - 8:08 ANA Page 17 of 636 APPOINTMENTS AND APPLICANTS FOR OCTOBER 20, 2015 Arts Commission I Merker Reg Applicants Kim Weiss 3 yr term to 12/15 Tabled (2) Building Board of Adjustment & Appeals Mayor Taylor Alt 1 yr term to 12/15 Applicants None Education and Youth Advisory Board III Fitzpatrick Stu 1 yr term to 12/15 Applicants None Golf Course Advisory Committee III Fitzpatrick Alt 5 yr term to 6/16 Tabled (2) Applicants None Recreation & Parks Board I Merker Alt 1 yr term to 12/15 Tabled (3) Applicants None Senior Advisory Board Mayor Taylor Alt 1 yr term to 12/15 Tabled (3) 1 Merker Alt 1 yr term to 12/15 Tabled (3) II IVIcCray Reg 2 yr term to 12/15 Tabled (2) Applicants None S:\CC\WP\BOARDSWPPMENTS\Board Year 2015WPPOINTMENTS AND APPLICANTS FOR 10-20-15.doc Page 18 of 636 Stanzione, Tammy From: kimmerie <noreply@123contactform.com> Sent: Monday, October 12, 2015 9:45 AM To: City Clerk Subject: Advisory Board Appointment application Today's date 10/12/2015 Name Kim Weiss Gender Female Phone number 954-263-6827 Address 625 Casa Loma Blvd. #LPH6 Boynton Beach FL 33435 United States Email kimmerie cot mac.com, Current occupation or, if PR Director, HCI Books retired, prior occupation Education Bachelors degree in humanities Are you a registered voter? Yes LI VL Do you reside within the Yes Boynton Beach City limits? Do you own/manage a No business within City limits? If "yes", name of business: Are you currently serving on a City board? Have you served on a City No board in the past? If "yes", which board(s) and when? Have you ever been No convicted of a crime? If "yes", when and where? Advisory Board Arts Commission Do you wish to serve on No more than one board? Personal Qualifications I have resided in Boynton Beach for almost eight years and have been involved in the arts via the "Arts in Public Places" program. There is an exhibition of my photography in the Civic Center currently and I have created a book of photographs and inspirations which were shot from my Boynton Beach terrace. I Page 19 of 636 have been involved with the arts all my life as a musician, now writer/photographer and am an avid patron, as well. I attend and support as many arts -oriented events as my schedule allows. Professional Memberships I was on the Delray Beach Chamber publicity committee many years ago. I participated as a read for the Literacy Coalition of Palm Beach and work with them currently on their annual luncheon via my employer. 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 66.184.178.58 (United States) at 2015-10-12 08:44:41 on Firefox 41.0 Entry ID: 123 Referrer: www.boVnton-beach.org/officials/arts commission.php Page 20 of 636 6.A. CONSENT AGENDA 10/20/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/20/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15-132 - Approve and authorize the execution of an Interlocal Agreement for vote processing equipment use and election services by and between the Palm Beach County Supervisor of Elections and the City of Boynton Beach. EXPLANATION OF REQUEST: The Palm Beach County Supervisor of Elections requires municipalities to enter into an Interlocal Agreement listing the services the Supervisor's office would provide along with their associated costs. This Interlocal Agreement spells out all of the duties, responsibilities and fees associated with hosting municipal elections. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Continued cooperation with the Supervisor of Elections Office will assure smooth election cycles now and in the future. FISCAL IMPACT: Budgeted During the last City-wide election held in March 2013, the cost for services rendered by the Supervisor of Elections was $26,421.15. It is anticipated that cost will be substantially the same as it was in March 2013. ALTERNATIVES: If this agreement is not approved, the City of Boynton Beach would have to conduct its own elections and the City does not have the equipment or resources to do that with the assistance from the Supervisor of Elections. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description Page 21 of 636 D Agreement D Exhibit D Exhibit REVIEWERS: Department City Clerk Finance Legal City Manager Rsolution approving ILA with Supervisor of Elections for 2016 election I nterlocal Agreement with SOE Exhibit A - Costs Exhibit B - Costs Reviewer Action Prainito, Janet Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 9/21/2015 - 4:04 IIIA 9/22/2015 - 7:39 AM 9/28/2015 - 10:52 ANA 1011612016 - 3:18 IIIA Page 22 of 636 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. R15 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS FOR VOTE PROCESSING EQUIPMENT USE AND ELECTION SERVICES BETWEEN THE PARTIES; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has designated Tuesday, March 15, 2016, as the date for the next General Election, and if it becomes necessary, a run-off election which will be held on March 29, 2016; and WHEREAS, since 2009, the Palm Beach County Supervisor of Elections has required municipalities enter into an Interlocal Agreement listing the services her office would provide along with their associated costs; and WHEREAS, the Supervisor of Elections and the City wish to enter into this Agreement to set out the terms of this coordinated program; and WHEREAS, the City Commission of the City of Boynton Beach, upon the recommendation of staff, approves the Interlocal Agreement between the City of Boynton Beach and the Palm Beach County Supervisor of Elections for vote processing equipment use and election services for the March 2016 elections. 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. C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\79AAEFOB-A892-4D51-98F3-6FA32F832CB8\Boynton Beach. 1997.1. ILA with Supervisor_ of Elections_ 2016_-_Reso.doc Page 23 of 636 I Section 2. The City Commission of the City of Boynton Beach hereby approves 2 the Agreement between the City of Boynton Beach and the Palm Beach County Supervisor of 3 Elections for vote processing equipment use and election services for the March, 2016 4 elections and authorizes the Mayor and the City Clerk to execute said Agreement, a copy of 5 which is attached hereto as Exhibit "A" 6 Section 3. That this Resolution shall become effective immediately upon passage. 7 PASSED AND ADOPTED this day of , 2015. 8 9 CITY OF BOYNTON BEACH, FLORIDA 10 11 12 13 Mayor — Jerry Taylor 14 15 Vice Mayor — Joe Casello 16 17 Commissioner — David T. Merker 18 19 Commissioner — Mack McCray 20 21 Commissioner — Michael M. Fitzpatrick 22 23 24 VOTE 25 26 ATTEST: 27 28 29 30 Janet M. Prainito, MMC 31 City Clerk 32 33 34 35 (Corporate Seal) 36 37 YES NO C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\79AAEFOB-A892-4D51-98F3-6FA32F832CB8\Boynton Beach. 1997.1. ILA with Supervisor_ of Elections_ 2016_-_Reso.doc Page 24 of 636 AGREEMENT FOR VOTE PROCESSING EQUIPMENT USE AND ELECTION SERVICES BY AND BETWEEN THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS AND THE "INSERT MUNICIPALITY NAME" THIS AGREEMENT, is made and entered into this day of ,2015, effective January 1, 2016, by and between the Palm Beach County Supervisor of Elections, an elected county officer -pursuant -to_Article_VIII, Sec. I(d) of the Florida Constitution, hereinafter referred to as the "SOE", and the City of to Beach , a municipal corporation, chartered and organized in accordance with the laws of the State of Florida, hereinafter referred to as the "Municipality". WITNESSETH: WHEREAS, Chapters 97 to 106, Florida Statutes, constitute the Florida Election Code (the "Code") which applies to municipalities where expressly so stated; and WHEREAS, Sec 100.3605, Florida Statutes, states that "[T]he Florida Election Code, chapters 97-106 shall govern the conduct of a municipality's election in the absence of an applicable special act, charter, or ordinance provision"; and WHEREAS, the Municipality and the SOE desire to work together to provide for municipal elections and to allocate certain responsibilities and expenses between the two parties to ensure that the provisions of the Code are followed during municipal elections; and WHEREAS, the SOE and the Municipality wish to enter into this Agreement to set out the terms of this coordinated program. NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter contained to be kept and performed by the parties hereto, and for the mutual benefit of the Municipality, its constituents and the SOE, it is agreed as follows: PURPOSE: The purpose of this Agreement is to set forth the terms and conditions under which services will be provided by the SOE and staff to the Municipality for municipal elections and to set forth the responsibilities of both parties so that there is a clear understanding of the rights and responsibilities of all parties. Such rights and responsibilities shall apply to the General, Run -Off, Special and Recount elections as necessary as well as the Post Election Audit, unless otherwise stated hereinbelow. 2. DATE OF GENERAL MUNICIPAL ELECTION: The date of the City of Boynton Beach's General Municipal election is March 15, 2016. It is hereby acknowledged and agreed that if the date listed is the same as most other municipalities in March or November, there will be a cost sharing among municipalities for costs incurred by the SOE. Such costs shall be allocated on a pro -rata share basis; otherwise, {00094603.1 306-9001821 } Page 25 of 636 it is hereby acknowledged and agreed upon by the municipality that it is responsible for all costs of the election, incurred by the office of the SOE. FEES AND CHARGES TO BE PAID BY THE MUNICIPALITY: The SOE hereby agrees not to charge Municipalities for taxpayer purchased equipment and supplies; (i.e. voting machines, tables, chairs, etc.) and associated maintenance and contract fees related to such equipment in return for which the Municipality hereby agrees not to charge the SOE for polling places or poll worker training facilities within its dominion and control. Examples of municipal elections charges related to certain services performed by the SOE to be passed through to the Municipality on a shared pro rata basis for all municipalities holding elections on a general election day (i.e. 2nd Tuesday in March or November) are attached here as Exhibit A. All items to be paid or reimbursed to the SOE will be paid by the Municipality within thirty (30) days of receipt of an invoice from the SOE with documentation verifying the charges. Examples of total costs to small, medium and large municipalities are attached hereto as Exhibit B. 4. RESPONSIBILITIES OF BOTH THE MUNICIPALITY AND THE SOE FOR MUNICIPAL ELECTIONS: A. Notice and Advertisement (1) Municipality (a) Properly call and advertise the election according to statutes and charter at its own expense. (b) Issue a resolution or ordinance to the SOE requesting that the Supervisor of Elections conduct the municipality's election, provide ballot language for any ballot questions within the resolution if applicable and appoint at least three (3) members of the Municipality's Canvassing Board, which may or may not include the SOE, at the SOE's discretion. (c) certify that the registered voter information provided by the SOE to the municipality reflects the proper boundaries of the city and notify the SOE of any changes. (2) SOE (a) Publish legal notices for Logic & Accuracy testing, absentee ballot canvass, Post Election Audit and news releases on book closing. B. Qualifying Candidates and Petition Initiatives (1) Municipality 100094603,1306-9001821 1 (a) Provide qualifying packets to candidates and accept and process all qualifying papers and fees. (b) Collect Name and Pronunciation Guides from the candidates at the time of qualifying and submit to SOE. (c) Respond to all candidate inquiries and questions. (d) Respond to all legal inquiries and questions. (e) Respond to all media inquiries. (f) Provide all necessary information and materials for petition initiative process 2 Page 26 of 636 (2) SOE (a) Verify signatures on any qualifying petitions submitted by candidates or for petition initiatives and notify the municipality of such results upon the close of the candidate qualifying or petition initiative deadlines as applicable. C. Ballots (1) Municipality (a) Review, amend (if necessary) and approve ballot proof prepared by SOE. (b) Place an order with the SOE for a sufficient quantity of ballots as applicable. (c) Pay ballot design costs to the SOE as incurred. (d) Pay the ballot printer directly for the cost of said ballots. (e) Reimburse the SOE for costs incurred for translation and audio recording of ballot. (f) Reimburse SOE for preparation of Absentee Ballot, Edge layout and Sample Ballot. (2) SOE (a) Layout, check, proof and deliver ballot layout to the printer. (b) Receive, securely store and account for all ballots until disbursed to polling places. (c) Contract to have audio recorded for Touch Screen ballot. (d) Control all access to unvoted ballots while in the possession of the SOE. D. Equipment Testing (1) Municipality (a) Provide that a representative will be present during the Logic and Accuracy testing as noticed by SOE. (2) SOE (a) Develop a unique test script and manually mark ballots to be used in public Logic & Accuracy test. (b) Conduct public Logic & Accuracy test. E. Early Voting —Optional (1) Municipality (00094603.1306-9001821 1 (a) Reimburse the SOE for staff overtime hours due to weekend and/or evening hours for Early Voting. (b) Pay SOE for Early Voting supplies. (c) Contract with, schedule and pay poll workers directly. (d) Deliver voted ballots to SOE daily at a location designated by SOE. (e) Designate Early Voting sites one hundred twenty (120) days prior to each Election and notify SOE in writing of locations. Page 27 of 636 (2) SOE (a) Prepare and provide all supplies needed for each Early Voting site. (b) Provide the Municipality with a list of poll workers. (c) Train poll workers. (d) Provide staffing to accept voted ballots daily at a location designated by SOE. F. Absentee Voting (1) Municipality (a) Reimburse SOE for all postage costs incurred at the current postal rate. (b) Pay SOE for materials and handling of each absentee ballot. (c) Pay SOE $.10 per absentee ballot for verifying signatures on returned voted ballot certificates. (d) Refer all requests for absentee ballots to SOE. (2) SOE (a) Determine eligibility and compile Absentee Ballot file. (b) Accept all requests for Absentee Ballots by telephone, mail or in person. (c) Prepare and mail Absentee Ballots. (d) Deliver Absentee Ballots to the Post Office. (e) Receive voted Absentee Ballots. (f) Verify signatures on returned voted Absentee Ballot certificates. (g) Prepare and open Absentee Ballots for tabulation. (h) Account for all Absentee Ballots. (i) Notify Absentee Ballot voter and provisional voters of the disposition of the Canvassing Board as required by law. 0) Record Absentee Ballot returns to voter history. (k) Conduct public testing of Logic and Accuracy for Absentee Ballot tabulating equipment. (1) Provide qualified staff to operate tabulation equipment to count Absentee Ballots. G. Polling Places (1) Municipality {00094603.1 306-9001821 } (a) Arrange for the use of an adequate number of polling places. (b) Confirm polling place accessibility and ADA compliance. (c) Notify SOE in writing thirty (30) days prior to election of the need for tables and chairs if necessary. (d) Notify SOE of polling locations to be used no later than noon the Friday after the municipal candidate qualifying deadline. (e) Notify the SOE not less than thirty (30) days prior to the election that a polling place will be moved to another site. (f) Notify voters, as required by law, if their regular polling place is to be temporarily relocated. C! Page 28 of 636 (2) SOE (a) Provide the Municipality with a list of polling places and SOE contract. (b) Provide tables and chairs upon written notice from the Municipality when required. (c) Provide polling place supplies, i.e. signs, cones, etc. (d) Notify voters and the Municipality of permanent polling place change(s). H. Precinct Supplies (1) Municipality (a) Pay SOE for precinct supplies provided. (b) Provide a secure place for precinct clerks to return supplies and voted ballots on election night. (c) Pay SOE for the production of Precinct Registers or for programming electronic poll books and related communication fees. (d) Pay directly to the SOE's contracted moving company to have voting equipment delivered and picked up from polling place no later than the day before the election and returned after the election. (2) SOE (a) Provide Precinct Registers or electronic poll books for each polling place location. (b) Provide Master CD compilation of registered voters for precinct advisors or provide up to date electronic poll books. (c) Provide certification of registered voters after book closing. (d) Prepare equipment, cabinets and routing of voting equipment delivery. (e) Provide laptop computer at each polling place or electronic poll books. (f) Provide CD of voter file database for each polling place or up to date electronic poll books. (g) Provide poll worker Clerks with cell phones. (h) Provide Provisional Ballot envelopes and affidavit forms for each polling place. (i) Provide secrecy sleeves in a number and amount appropriate for each polling place. I. Poll Workers (1) Municipality {00094603.1 306-9001821 (a) Contact, contract with and pay poll workers directly (using only poll workers who are currently on the SOE list, or individuals who have successfully completed required training). (b) Schedule and notify poll workers of training classes. (c) Reimburse SOE for expenses incurred for delivery and pick up of equipment to training locations. (d) Reimburse SOE for expenses incurred in printing training material. (e) Reimburse SOE for expenses incurred for trainers to train poll workers. (f) Reimburse SOE for expenses incurred for contracted training locations. 5 Page 29 of 636 (2) SOE (a) Provide the Municipality with a list of current poll workers. (b) Develop poll worker training schedule. (c) Plan and contract for training classes and locations. (d) Contract with and pay trainers to train poll workers. (e) Provide printed training materials for poll workers. J. Election Day Support (1) Municipality (a) Verify that all polling places are available to poll workers no later than 6:00 a.m. and open for voting promptly at 7:00 a.m. on Election Day. (b) Ensure that all polling places remain open until 7:00 p.m. or until all voters who are in line to vote at 7:00 p.m. have completed voting. (c) Reimburse SOE for all phone bank costs. (2) SOE (a) Provide an additional list of poll worker replacements if needed. (b) Provide technical support personnel as needed. (c) Provide phone bank support to respond to poll workers and voters on Election Day. K. Ballot Tabulation/Counting of Election Results (1) Municipality (a) Deliver all voted ballots and other necessary election related items to a place designated by the SOE after the polling places have closed on Election Day. (b) Deliver all voting machine cartridges to a place designated by the SOE after the polling places have closed on Election Day. (c) Reimburse the SOE for any staff overtime and other expenses in relation to the tabulation and processing of ballots on Election Day. (d) Act as member of Canvassing Board. (2) SOE (a) Provide technical staff and required equipment to administer tabulation and election results. (b) Assist and act, or appoint a designee to assist and act on the SOE's behalf, as a member of the Municipality's Canvassing Board if desired by the municipality and approved by the SOE or act as a member of the County Canvassing Board if it canvasses the municipality's election, if allowed by law. (c) Post election results on SOE WEB site and provide the same to Channel 20. (d) Provide the Municipal Clerk with unofficial election results upon conclusion of tabulation and canvassing of ballots cast on Election Day, L. Post Election Day {00094603.1 306-9001821 ) n Page 30 of 636 (1) Municipality (2) SOE (a) Provide the Municipal Clerk with an official certification of election results if allowed by law. (b) Store all necessary election records and ballots until the expiration of retention period prescribed by statutes. (c) Process polling place affirmation forms. (d) Sort, inventory, pack and store all election materials for retention and disposition. (e) Notify voters of the disposition of their Absentee or Provisional Ballots after the determination by the Canvassing Board, as required by law. (f) Respond to public records requests regarding records kept on behalf of the Municipality. (g) Record voting history for each voter who voted on Election Day, M. Audit (1) Municipality (a) Provide that the Municipal Clerk will be responsible for the administration of the audit. (b) Reimburse SOE for any staff time or other related expenses as may result from conducting the manual audit. (2) SOE (a) Organize precinct information to allow the Municipal Clerk to randomly select the race and precinct(s) that shall be audited. (b) Organize and prepare ballots for manual audit. (c) Provide SOE staff to conduct manual audit. (d) Ascertain and publically post manual audit result to SOE WEB site. N. Recount (1) Municipality 100094603.'. 306-9001821) (a) Provide that the Municipal Clerk will be responsible for the administration of the Recount, with support and guidance from the SOE. (b) Act as a member of the Canvassing Board. (c) Notify the candidates of the time and date of the Recount. (d) Post public notice(s) of the Recount with the time and location. (e) Cause to have the Recount recorded and minutes kept and approved by the Canvassing Board. (f) Review with the Canvassing Board and the counting teams the statutes and rules of the Division of Elections, specifically Rule 1 S-2.031. Recount Procedures; and Rule 15- 2.027. Standards for Determining Voter's Choice on a Ballot. (g) Reimburse the SOE for all staff salaries/overtime, facility and other expenses required to conduct the Recount. 7 Page 31 of 636 (2) SOE (a) Post public notice(s) of the Recount with the time and location. (b) Test tabulating equipment as required by Sec. 101.5612, Florida Statues. (c) Provide counting teams for examining out stacked ballots. (d) Prepare and organize ballots for Recount processing. (e) Tabulate ballots and provide professional staff for equipment operations. (f) Provide official certification as determined by the Canvassing Board. 5. LNDEMNITY: Each party to this agreement shall be liable for its own actions and negligence. To the extent permitted by law, the Municipality shall indemnify, defend and hold harmless SOE against any actions, claims or damages arising out of the _Municipality's negligence in connection with performance under this Agreement; and the SOE shall indemnify, defend and hold harmless the Municipality against any actions, claims or damages arising out of the negligence of SOE in connection with its performance under this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth at Sec. 768.28, Florida Statutes. In no case shall such limits for the Municipality extend beyond $200,000 for any one person or beyond $300,000 for any judgment which, when totaled with all other judgments, arises out of the same incident or occurrence. These provisions shall not be construed to constitute agreement by either party to indemnify the other for such other's negligent, willful or intentional acts or omissions. In the event of litigation, trial or appellate, between the Municipality and the SOE relating to a municipal election governed by this Agreement, or otherwise in connection with the interpretation or application of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non -prevailing party. Notwithstanding the above, the municipality shall defend legal challenges relating to its municipal election and shall be fully responsible for all legal costs including attorneys' fees for such defense of the Municipality and the SOE. The municipality shall be responsible for damages, if any, assessed by virtue of such lawsuit, up to the monetary limits provided for hereinabove without recourse to the SOE. 6. In the event of a Special Election, the municipality shall receive the approval of the Supervisor of Elections for the actual election date no later than 90 days prior to a Special Election unless otherwise provided in law. The expense of any Special Election shall include all actual costs incurred by the Supervisor of Elections, including hourly and salaried staff costs and other related election expenses as documented. 7. TERM: This Agreement shall begin on the effective date January 1, 2016 and continue for a term of one year in order to cover Special Elections, if any, and may be modified by mutual agreement of the parties. Any proposed changes to this Agreement shall be provided to the municipalities no later than August 1 of the applicable year, or as soon as practicable. CHANGE IN LAW: In the event any change in law abrogates or modifies any provisions or applications of this Agreement, the parties hereto agree to enter into good faith negotiations and use their best efforts to reach a mutually acceptable modification of this Agreement. 100094603.1306-9001821 1 8 Page 32 of 636 NOTICES: All formal notices affecting the provisions of this Agreement may be delivered in person or be sent by facsimile, registered mail, or by a recognized overnight courier such as FedEx, to the individual designated below, until such time as either party furnishes the other party written instructions to contact another individual. For the SOE: For the Munici ali L. Supervisor of Elections Name 240 S. Military Trail Street Address West Palm Beach, Florida 33415 Municipality, FL Attention: Susan Bucher Attention: Mana er 10. SEVERABILITY: If any clause, section, or provision of this Agreement shall be declared to be unconstitutional, invalid or unenforceable for any cause or reason, or is abrogated or negated by a change in law, the same shall be eliminated from this Agreement, and the remaining portion of this Agreement shall be in full force and effect and be valid as if such invalid portions thereof had not been incorporated herein. 11. By signing this contract, you and your municipality approve the contract as a form of legal sufficiency and certify that this contract has met all of the legal requirements of your Municipal Charter and all other related laws. 12. NO MODIFICATION EXCEPT IN WRITING: This is the complete and final agreement between the parties. No representations other than those set forth herein shall be binding upon the parties. No modification of this agreement shall be effective unless submitted in writing and signed by both parties, or their duly authorized representatives. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective January 1, 2016. WITNESSES: 100094603.1306-90018211 0 As to the SOE: SUPERVISOR OF ELECTIONS PALM BEACH COUNTY Susan Bucher Date: Page 33 of 636 ATTEST: As to the MUNCIPALITY: INSERT NAME OF MUNICIPALITY Janet Prainito, Municipal Clerk Jerry Taylor, Mayor (Affix Municipal Seal) Date: Approved as to Legal Form Office of the City Attorney (00094603.1306-900182', ; 10 Page 34 of 636 Exhibit A li Page 35 of 636 A B C I D jEj F G 2 1 l Supervisor of Elections 2015 Municipal Elections Cost Details 3 4 Single Election Uniform Elections 5AIISENIgF, 11 L 0.03 s Set up fee 0.40! 7 Qn CeII Sup rt -Puna Bowes 0.16 (machine use, voter file, postage) - s materials and postage 2.20 2.20 Provide absentee voting - prep and a meMn • staff time 1,66 Motels 80501-1166 DaU01 r8qU9316-, 0.90 to staff time 0,96 0.96` Recordingtvertfication of Absentee it Ballot returns -staff time 0,96 0.96! Notification to voters of Absentee Ballots on the dspositfon of p 12 Canvassing Board 0.101 0.10 TOTAL ABSENTEE BALLOT 13 SERVICES 6.29 Cost perAB Ballot processed 6.91 Cost rAS Ballot processed 14 1S C C E Actual charges to munis that require k Actual charges to munis that require Arrange for translating, printing and transtatlon service, plus IT lime to he transtalton service, plus IT time to be is recording of audio ballot TBD added TBD added Provide polling place supplies — signs, 17 cones tables chairs etc, 25.00 25,00 Publish legal notices (L&A testing, AB se csnvassln 532,09 82.14 test velopment(unkluetest scrlpt, manual ballot marking, pretesting for comparisons and pulling 1a equipment for publlc tests) 143.58 207,76 Election Day support (all staff 2a 'available & phone bank for voters) 1,151.73 no phone bank 483.97 phone bank Included 21 Election Morning and Night OT staff 2,763.011 556.86 Asslst the municipality with canvass of 24 Absentee Ballots 314.16 314.16 Post election results on SOE website 2e and Channef 20 97.27 97.27 Interface with candidates, press, city staff, city attorneys regarding Election 27 Law 171.58 Assist In finding poll worker 171.58 2e replacements 51.59 51.59 Conduct mandatory audit days after 26 election 141.52 141,52 Provide certification of registered 30 voters after book closing 64.18 64.18 Prepare voter data for e-polibook s1 EPB upload 79.41 79.41 li Page 35 of 636 12 Page 36 of 636 A B 1 C 1 0 E F G i 2 Supervisor of Elections 2D15 Municipal Elections Cost Details 3 4 Single Election Uniform Elections s2 Prepare Absentee Ballot, Edge layout and Sample Ballot 128.35 128.35 39 Prepare Absentee Ballot, Edge layout and Sample Belot 158.81 158.81 35 'TOTAL MUNICIPAL PACKAGE Municipal Package Cost excluding Municipal Package Cost excluding .SERVICES 5,612.28 translation services 2,582.60 translation services 96 97 EC C ERVICES 3a Prepare Clerk bags incl Ipad,cetl phones and eleclton materials - IT and PW Staff time 12.83 12.83 39 Delivery and Pick up of voting equipment to training locations 12.53 3.91 i I 40 Rrepare equipment cabinets and rout[n Ian for votin a u 1p ment 21.49 21.49 41 Prepare precinct scanners and ADA Touch screen equipment 21.49 21.49 I42 Post Electlon_Voting history requirements 31.92 31.92 .43 Plan training class IocallonsRralners roll/Tinted training materials 58.651 58.66 44 [PAD programming and prep time JT staff 9.59 IPADs Data Service 144.00 9.69 45 144.00 46 NoOcation to provisional voters re: the disposition of Cenvassina Board 5.81 5.81 47 Copy of current polling place contract 0.15 0.15 s Llst of precinct poll workers 0.15 0.15 49 6o TOTAL PRECINCT SERVICES 318.81 Cost per precinct 310.00 Cost per precinct 12 Page 36 of 636 Ell Exhibit B � a rn a a M M N 5 m i i i IA LM s � N ni m 3a� V N S�1 N CL C g Q t� �A �► V�1 Qr1' N �iA v kp Ell Exhibit B � a rn a a M M N 13 # 1 rl IV t1# n. V C C_ 0 Q at 0 w.: i°1 Rw 0 Page 37 of 636 i i i s � N 13 # 1 rl IV t1# n. V C C_ 0 Q at 0 w.: i°1 Rw 0 Page 37 of 636 i i i 13 # 1 rl IV t1# n. V C C_ 0 Q at 0 w.: i°1 Rw 0 Page 37 of 636 • • • Presidential •Municipal Tuesday, A. Set up Fee $400.00 - Prepare Ballot layout, ADA Ballot Access, ePollbooks - Post election results on SOE website and Channel 20 B. The additional costs listed below will be based on the actual expenses incurred by the municipality and included in the post election invoice. - Ballot language translations - Precinct ballot costs for Non Partisan ballots Absentee ballot costs for Non Partisan ballots - Cost of additional ballot card if required, due to additional ballot wording by municipality, plus additional postage amount Page 38 of 636 M CONSENT AGENDA 10/20/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/20/2015 REQUESTED ACTION BY COMMISSION: Approve funding in an amount not to exceed $12,000 for a Rent Reimbursement Grant to Driftwood Ales LLC, 108 Commerce Road, Boynton Beach, Florida, 33426. EXPLANATION OF REQUEST: Driftwood Ales LLC has submitted an application for financial assistance to the Economic Development Division. The request is for funding through the Commercial Rent Reimbursement Program, which offers rent payment reimbursement for up to one half of the business's monthly rent, or $1,000, whichever is less. Driftwood Ales has met the program's requirements. Three (3) full-time positions will be created by this up and coming business. The grant consists of four (4) quarterly rent reimbursement payments, dispersed once supporting documents, including rent payments and State UCT-6 Quarterly Reports, have been submitted. Driftwood Ales was also awarded a City commercial build out grant in the amount of $15,000 at the 8/4/15 City Commission meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? As a part of the City's Economic Development program, incentives have been designed to provide financial assistance to new businesses during the critical first year of operation. FISCAL IMPACT: Budgeted A maximum of $12,000 from fund 001-2419-559.49-68. The City will reimburse the Applicant on a quarterly basis. ALTERNATIVES: Commission may approve a reduced funding amount or deny the award. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: $12,000.00 Page 39 of 636 ATTACHMENTS: Type D Conditions of Approval D Grant Application REVIEWERS: Department Economic Development Finance City Manager Description Application Checklist Rent Reimbursement Application Reviewer Action Date Pyle, Judith Approved 10/1312016 - 3:56 PPA Howard, Tim Approved 1011312016 - 3:58 PPA LaVerriere, Lori Approved 1011612016 - 3:18 PPA Page 40 of 636 CHECKLIST FOR RENT and/or BUILDOUT GRANT SUBMITTAL Driftwood Ales LLC ® New Business ❑ Existing Business Business Name ® Rent Reimbursement ❑ Build Out Request 108 Commerce Road, Boynton Beach, Florida 33426 Street Address Steven Dornblaser I steve@driftwoodales.com Contact Name Email 561-320-1522 1561-320-1522 Phone# Cell# DOCUMENTATION YES N/A COMMENTS Complete & signed application X 1 W9 Form X 2 Business Tax Receipt — City Pending opening November 2015 3 Business Tax Receipt — County Pending opening November 2015 4 Corporate Documents X 5 Executed/Proposed Multi -Year Commercial Lease Agreement X 6 Resume or qualifications of all owners X [describing experience & track record] 7 Two [2] years of Corporate Tax X Ret urns [existing businesses] 7 Two [2] years of Personal Tax 2013 & 2014 X Returns [new businesses] 8 Jobs to be Created [new business] • Job Descriptions X • Pay Range • Weekly Schedule 8 Jobs Established [existing business] • Job Descriptions X • Pay Range • Weekly Schedule 9 BUSINESS EXPANSION Design/floor plan and/or construction plans associated with proposed improvements, X indicating the existing and proposed square footage size [expansion size must be minimum 30% a existing] 10 Additional information Buildout grant awarded 8/4/2015 Page 41 of 636 201312014 City of Boynton Beach Commercial Rent Reimbursement Program Application (Please Type. or Print only Use Additional Shoots if Nacossary) BUSINESS INFORMATION Applicant's Name- < Appjicanfs Mailing Address - Business Name (D/BIA if applicable)®. Current Business Address' ----------------------------------------- - ---------- Phone-- _ I __Af � Fax- __ -S XA_ IN- E2-is_fi_ncg' �Btjsi �ess- �YeqoNurnber �ofyea�rsin_ Z� Are you recelsAng grant assistance from any other govemmental agencies? Yes No_�L If yes, list any aditional of sources and amounts. - Page 6 of 9 100 R Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 3 3425-0 310 Phone 561-742-6350 Fax 561-742-6357 �mw.bovnton-heac or Y, Page 42 of 636 1. the undersigned, applicant(s) certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the City of Boynton Beach Commercial Interior Build -Out Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that helshe is aware of the fact that he/she can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the City of Boynton Beach Commercial Interior Build -Out Program Guidelines. Za=- lar-IRIII&MAIWAIMIM . Iwo �11,11 I 4 0 k—_-WWT57# - i Na # I i ve WN: I i To W. =#a Fri M -A M 0 41111W11111 0 44"iZA111TAO-41 1t;1116417" loll the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will not be processed. o '1!111 S,111 -1711:1-1 Lll! L Application and Guidelines. M� Principal/Ownees signature Date Printed Name Title Page 7 of 9 100 E. Boynton Beach Blvd P.0.Box310 BoyntDn Beach, FL 33425-0310 Phone 561-742-6350 Fox 561-742-6357 Enly ba nton-b-ch.o y�� ti is Page 43 of 636 Notary as to Principal/Owner's Signatures. Multiple Notary pages may be used if signing individually. STATE OF COUNTY OF --- z,3 BEFORE ME, an officer duly authorized by law to administer oaths and take a knovAedgemen personally appeared who is nersonaliv known to iirnp nr (Notary seal/stamp) NOTARY LUBLIC My Commission Expires - MIC MI.- E WEBB Public - State of Flodu WA y C E x p i r e s J i n 1 2 �ii) 17 CQ'1,misMor� # FF 010315 1, avrwed Thrngh tiatimml Nolary Assri. Page 8 of 19 100 E", Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33475-03111 Phom 61-742-635'01"' x 561-742-6357 n, .....ter ............ - o . ............... Page 44 of 636 6.C. CONSENT AGENDA 10/20/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/20/2015 REQUESTED ACTION BY COMMISSION: Approve a one year piggy -back of the State of Florida contract no. 41120000 -15 -ACS with Fisher Scientific Company, LLC for the purchase of consumable laboratory supplies for the Utilities Department, for a not -to -exceed amount of $40,000. The City's purchasing policies allows the utilization of the State of Florida contracts. EXPLANATION OF REQUEST: The Utilities Department utilizes Fisher Scientific to provide consumable laboratory supplies including, but not limited to, chemicals, standards, proficiency test samples and small instruments such as pH meters to conduct laboratory analysis. The State of Florida Alternate Contract Source for the purchase of "Research Laboratory Supplies" has an effective term of April 1, 2015 through March 31, 2020 and includes equipment necessary for operation of the Utilities Laboratory in the West Water Treatment Plant. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By approving the piggy -back of the State of Florida contract with Fisher Scientific, Utilities will have access to the supplies necessary for water quality analysis at discounted prices. FISCAL IMPACT: Budgeted Funds for the laboratory supplies have been budgeted in accounts 401-2819-536-52-21 and 401-2811-536- 52-21. Previous fiscal year expenditures: • FY 2013/2014 $27,000.00 • FY 2014/2015 (to date) $31,600.00 ALTERNATIVES: A disruption in the procurement of laboratory supplies will result in incomplete analyses and may result in water quality or regulatory infractions. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 45 of 636 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Other D Contract REVIEWERS: Department Finance Finance Legal City Manager Description State of FL Contract Information State of Florida Contract with Fisher Scientific Reviewer Action Howard, Tim Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 10/12/2016 - 10:12 AM 1011212016 - 10:12 AM 10/12/2016 - 11:55 AM 10/16/2016 - 3:26 IIIA Page 46 of 636 Research Laboratory Supplies / Alternate Contract Source / State Contracts and Agreements / Vendor Infor... Page I of 2 Florida -:1, > 5—ta—t—e—P—L—jr—c—ha—s-ina > Vendor Infor > State Contracts and Agreements > Alternate Contract Source > Research Laboratory Supplies L madon jLt Source < < Return UrTZI1:111"T'' 11111'' 111 Contract Type Contract Information Contract Documents Microsoft Word (M 1.17 MB) PQF j 1.78 MB) C :hrsto her McMuHen Contract 1----p " 850-922-9867 Administration. ghELstopher.mcm Commodity UNSPSC-12161700, UNSPSC-41101500, UNSPSC-41105100, UNSPSC-41105200, UNSPSC 41113000, UNSPSC-41120000, UNSPSC-41121800, UNSPSC-46181500, UNSPSC-4618170 Codes UNSPSC-46181900, UNSPSC-46182000, UNSPSC-53131634 Tescription This Alternate Contract Source includes life science and chemical products, consumable supplies, small laboratory equipment, laboratory instruments and other laboratory supplies, safety equipment and safety supplies. - ,OAMS Word Viewer 0 44 Adobe PDF Reader 'ittp:llwww.dms.myflorida.com/business_operations/state_purchasing/�endor—infortnationlstate—contrad�@ge.471 QMaft 5 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES state purchasing ii We serve those who serve Florida tJ4f,i ALTERNATE CONTRACT SOURCE NO. 41120000 -15 -ACS Research Laboratory Supplies Fisher Scientific Company, L.L.C. University of Florida University of Florida Contract No.: ITN15NH-105 This Alternate Contract Source Agreement (ACS) is made and entered into as of the last date signed below by and between the State of Florida, Department of Management Services (Department) and Fisher Scientific Company, L.L.C., (Contractor). 1. Authority 1.1 The Department is authorized by subsection 287.042(16), Florida Statutes, "to evaluate contracts let by the Federal Government, another state, or a political subdivision for the provision of commodities and contract services, and, if it is determined in writing to be cost-effective and in the best interest of the state, to enter into a written agreement authorizing an agency to make purchases under such contract." 1.2 The University of Florida (UF) competitively procured Research Laboratory Supplies and awarded contract ITN15NH-105 to Contractor. A Memorandum of Understanding (MOU) was executed on February 13, 2015 between the parties and is attached hereto as Exhibit A, ("Authorized Contract"). The Department has evaluated the Authorized Contract, together with any amendments and exhibits thereto, and hereby acknowledges in writing that use of the Authorized Contract is cost-effective and in the best interest of the State. 1.3 Therefore, the Department enters into this ACS with Contractor. 2. Additional Definitions 2.1 Agency — An entity within the executive branch of State government, as described in subsection 287.012(1), Florida Statutes. 2.2 Customer — an Agency that procures Research Laboratory Supplies under the ACS. 2.3 Research Laboratory Supplies - are life science and chemical products, consumable supplies, small laboratory equipment, laboratory instruments and other laboratory supplies, safety equipment and safety supplies. 2.4 State — the State of Florida. 3. Purpose and Scope of Use 3.1 The Purpose of this ACS is to acquire Research Laboratory Supplies for use by Agencies. 3.2 Customers may procure Research Laboratory Supplies from this Agreement pursuant to the terms and conditions of the Authorized Contract as modified and supplemented herein. Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 48 of 636 4. Term and Renewal 4.1 Term: This ACS shall become effective on April 1, 2015 or the date on which the agreement has been signed by both parties, whichever is later and shall have a term that is coterminous with the Authorized Contract, currently effective through February 12, 2020, unless terminated earlier by UF. In addition to the rights contained in the Authorized Contract, the Department reserves the right to terminate this ACS, effective upon 30 day written notice. 4.2 Renewal: Upon agreement of the parties, this ACS maybe renewed for a term that does not exceed the initial or renewal term of the Authorized Contract. Renewal must be in writing and is subject to the same terms and conditions set forth in the Authorized Contract, and any amendments, and this ACS, and any amendments. 5. Authorized Contract Terms and Exhibits Incorporated into the ACS 5.1 The attached Exhibits A -D of Section 10 are hereby incorporated into the ACS as if fully set forth herein, unless modified below and shall remain in full force and effect throughout the term of the ACS, unless modified in writing by the parties. 5.2 The following sections of Exhibit A, Authorized Contract, are superseded by Section 6, Terms Supplemental to the Authorized Contract. 5.2.1 Section 1. D., Invoicing and Payment Terms 5.2.2 Section III.B., Hot List 5.2.3 Section IV. E., Quarterly Business Review Meetings 5.2.4 Section IV. F., eBusiness 5.2.5 Section N.G., Reporting 5.3 Exhibit A, Section N.A., Account Management is superseded by Section 7, Contract Management. 5.4 Exhibit A, Section III.D., Participation Incentive Fee is not incorporated into this ACS. 6. Terms Supplemental to the Authorized Contract 6.1 Form PUR 1000, General Contract Conditions This form is incorporated by reference and may be downloaded and viewed at: http://www.dms.myflorida.com/content/download/2933/11777 . If a conflict exists between the Authorized Contract and the General Contract Conditions, the Authorized Contract shall take precedence over the General Contract Conditions unless the conflicting term in the General Contract Conditions is required by Florida law, in which case the General Contract Conditions term will take precedence. 6.2 Purchase Order Limitations Terms and conditions inconsistent with or contrary to the terms and conditions of the ACS and the Authorized Contract shall not be added to or incorporated into the ACS or the Authorized Contract by any subsequent purchase order or otherwise; any attempts to add or incorporate such terms and conditions shall be null and void. 6.3 Purchase Orders In order to purchase products and services from the Authorized Contract, Customers shall issue purchase orders referencing this ACS. Customers are responsible for reviewing terms and conditions of this ACS and the Authorized Contract. The Department is not a party to any purchase order issued by a Customer. Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 49 of 636 6.4 Contractor Pricing Contractor pricing discounts are listed in Exhibit B: Prime Award PPG schedule with Bands and Exhibit C: Prime Award PPG Schedule to this ACS for use by customers in procuring Research Laboratory Supplies under this Agreement. 6.5 Hot List Within 30 days of execution of the ACS and annually in January thereafter, the Contractor shall develop a Hot List Pricing sheet, which shall be incorporated by reference and posted on the Department's website. The Hot List contains additional discounts based on the volume of State purchases for specific items. 6.6 Employment Eligibility Verification Pursuant to State of Florida Executive Order Number 11-116, Contractor is required to use the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of staff assigned by the Contractor to work in the United States and to provide services to Agencies during the ACS term. The Contractor shall include in agreements with Subcontractors a requirement that Subcontractors providing temporary staff to the Contractor utilize the E -Verify system to verify the employment eligibility of all such staff. 6.7 Preferred Pricing The Contractor agrees to submit to the Department, at least annually, an affidavit from an authorized representative attesting that the Contractor is in compliance with the best pricing offer provision contained in General Contract Conditions (PUR 1000), Paragraph 4(b). 6.8 Scrutinized Company List In executing this ACS, the Contractor certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473, Florida Statutes. Pursuant to section 287.135(5), Florida Statutes, Contractor agrees the Department may immediately terminate this ACS for cause if the Contractor is found to have submitted a false certification, or if Contractor is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List during the term of the ACS. 6.9 MyFloridaMarketPlace Registration In order to complete any transaction authorized by this ACS, Contractor must be registered in MyFloridaMarketPlace. All transactions are subject to a transaction fee pursuant to Rule 60A-1.031, Florida Administrative Code. 6.10 Transaction Fee Report Contractor is required to submit quarterly Transaction Fee Reports in electronic format. Transaction Fee Reports shall be submitted in accordance with the detailed fee reporting instructions and vendor training presentations available online at the Transaction Fee Reporting and Vendor Training subsections under Vendors on the MyFloridaMarketPlace website, located at http://dms.myflorida.com/mfmp. 6.11 Electronic Invoice The Contractor may supply electronic invoices in lieu of paper-based invoices for those transactions processed through MyFloridaMarketPlace (MFMP). Contractor agrees, upon Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 50 of 636 Department's request, to establish electronic invoicing within 90 days of written request. Electronic invoices shall be submitted to the Customer through the Ariba Network in one of three mechanisms as listed below. 6.11.1 cXML (commerce eXtensible Markup Language) This standard establishes the data contents required for invoicing via cXML within the context of an electronic environment. This transaction set can be used for invoicing via the Ariba Network for catalog and non -catalog goods and services. The cXML format is the Ariba preferred method for e -Invoicing. 6.11.2 EDI (Electronic Data Interchange) This standard establishes the data contents of the Invoice Transaction Set for use within the context of an Electronic Data Interchange (EDI) environment. This transaction set can be used for invoicing via the Ariba Network for catalog and non -catalog goods and services. 6.11.3 PO Flip via Ariba Network The online process allows suppliers to submit invoices via the Ariba Network for catalog and non -catalog goods and services. Contractors have the ability to create an invoice directly from their Inbox in their Ariba Network account by simply "flipping" the PO into an invoice. This option does not require any special software or technical capabilities. 6.11.4 For the purposes of this section, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third party provider of MFMP, a State Contractor, the right and license to use, reproduce, transmit, distribute, and publicly display within the system the information outlined above. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third party provider the right and license to reproduce and display within the system the Contractor' s trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the Contractor under the Contract. 6.11.5 The Contractor will work with the MFMP management team to obtain specific requirements for the Electronic Invoicing upon contract award. 6.12 Purchasing Card Program The Contractor must accept universal card format Purchasing Cards (e.g., American Express, MasterCard, and Visa), but this is not the exclusive method of payment (e.g., purchase order). The method of ordering and payment (e.g., purchase order, Purchasing Card) shall be selected by the Eligible User. The State of Florida has implemented a purchasing card program, using the Visa platform. Contractors may receive payment from state agencies by the purchasing card in the same manner as other Visa purchases. Visa acceptance is mandatory but is not the exclusive method of payment. The State reserves the right to change the platform as necessary. The State will not fill out any Contractor forms or contracts in association with the Contractor accepting a purchasing card payment. Contractors are not allowed to charge a fee for accepting a purchasing card payment. Surcharges or convenience fees are prohibited. Fees shall not be charged for using a purchasing card unless the fees are charged for all methods of payment (cash, check, debit cards, vouchers, etc.), and must be approved by the Eligible User prior to order acceptance. Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 51 of 636 On-line billing or payment systems maintained by the Contractor will not store the card holder's account number and expiration date for re -use. Card holders will provide the Contractor with card account information at each transaction. 6.13 Lobbying Contractor shall comply with sections 11.062, Florida Statutes and 216.347, Florida Statutes, which prohibit the use of state funds to lobby the Legislature, Judiciary, or state agencies. 6.14 Payments by the State The State of Florida's performance and obligation to pay under this ACS is contingent upon an annual appropriation by the Legislature. Payment shall be made in accordance with section 215.422, Florida Statutes. Interest penalties for late payment are available subject to the provisions in section 215.422, Florida Statutes. A vendor ombudsman, whose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency may be contacted at (850) 413-5516. 6.15 Legal Venue The exclusive venue of any legal or equitable action, to which the Department is a party that arises out of or relates to this ACS, shall be the appropriate administrative forum or State court in Leon County, Florida. For any legal, administrative or equitable action that arises out of, or relates to, this ACS, Florida law shall apply and Contractor waives any right to a jury trial. 6.16 Notices Contract notices may be delivered in accordance with section 38, General Contract Conditions, Form PUR 1000, the Authorized Contract or by email to the contact person as identified in section 7.0 below. 6.17 Reporting In addition to any reports required by the Authorized Contract, the Contractor shall submit a quarterly report in the required format electronically to the Department's Contract Manager within 30 days of the end of the quarter. The Department reserves the right to require the Contractor to provide additional reports within 30 days of written notice. Failure to provide the quarterly report or other reports requested by the Department may result in the Contractor being found in default and may result in termination of the ACS. Initiation and submission of the quarterly report are the responsibility of the Contractor without prompting or notification by the Department. Sales will be reviewed on a quarterly basis. Should no sales be recorded in two consecutive contract quarters, the Department may terminate the ACS. 6.18 Business Review Meetings The Department reserves the right to schedule business review meetings as frequently as necessary. The Department will provide the format for the Contractor's agenda. Prior to the meeting, the Contractor shall submit the completed agenda to the Department for review and acceptance. The Contractor shall address the agenda items and any of the Department's additional concerns at the meeting. Failure to comply with this section may result in the Contractor being found in default and the ACS terminated. Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 52 of 636 6.19 Commitment to Diversity in Government Contracting The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority, women, and service -disabled veteran business enterprises in the economic life of the State. The State of Florida Mentor Protege Program connects minority, women, and service -disabled veteran business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to consider this initiative. For more information on the Mentor Protege Program, please contact the Office of Supplier Diversity at (850) 487-0915 or osdhelp@dms.myflorida.com. Upon request, the Contractor shall report to the Department, sales with certified and other minority business enterprises. These reports will include the period covered, the name, minority code and Federal Employer Identification Number of each minority vendor utilized during the period, commodities and services provided by the minority business enterprise and the amount paid to each minority vendor on behalf of each agency ordering under the terms of this Contract. 6.20 Public Records 6.20.1 Access to Public Records The Contractor shall allow public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from Article I, Section 24(a), Florida Constitution or section 11 9.07(l), F.S. The Department may unilaterally terminate the Contract if the Contractor refuses to allow public access as required in this section. 6.20.2 Redacted Copies of Confidential Information If Contractor considers any portion of any documents, data, or records submitted to the Department to be confidential, proprietary, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, F.S., the Florida Constitution or other authority, Contractor must — upon request, provide the Department with a separate redacted copy of the information it claims as Confidential and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. This redacted copy shall contain the Contract name and number, and shall be clearly titled "Confidential." The redacted copy should only redact those portions of material that the Contractor claims is confidential, proprietary, trade secret or otherwise not subject to disclosure. 6.20.3 Request for Redacted Information In the event of a public records or other disclosure request pursuant to Chapter 119, F.S., the Florida Constitution or other authority, to which documents that are marked as "Confidential" are responsive, the Department will provide the Contractor -redacted copies to the requestor. If a requestor asserts a right to the Confidential Information, the Department will notify the Contractor such an assertion has been made. It is the Contractor's responsibility to assert that the information in question is exempt from disclosure under Chapter 119, F.S., or other applicable law. If the Department becomes subject to a demand for discovery or disclosure of the Confidential Information of the Contractor under legal process, the Department shall give the Contractor prompt notice of the demand prior to releasing the information labeled "Confidential" (unless otherwise prohibited by applicable law). Contractor shall be responsible for defending its Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 53 of 636 determination that the redacted portions of its response are confidential, proprietary, trade secret, or otherwise not subject to disclosure. 6.20.4 Indemnification for Redacted Information Contractor shall protect, defend, and indemnify the Department for any and all claims arising from or relating to Contractor's determination that the redacted portions of its response are confidential, proprietary, trade secret, or otherwise not subject to disclosure. If Contractor fails to submit a redacted copy of information it claims is Confidential, the Department is authorized to produce the entire documents, data, or records submitted to the Department in answer to a public records request or other lawful request for these records. 6.21 Security and Confidentiality 6.21.1 The Contractor shall ensure that confidential or exempt information is protected from disclosure in accordance with Florida law. 6.21.2 The Contractor shall comply with the accessibility standards stated in section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794(d)), including regulations set forth under 36 C.F.R. part 1194, and sections 282.601-606, Florida Statutes. 6.21.3 At the expiration of the ACS, the Contractor shall return all Department or Customer information to the Department or Customer in a usable format to be agreed upon by the Department, Customer, and Contractor. 6.21.4 At the expiration of the ACS and after all federal and state record retention requirements have been met, the Contractor shall destroy and render unrecoverable all remaining Department or Customer information and certify in writing to the Department or Customer that these actions have been taken. Contractor shall adhere to the information destruction standards established by the National Institute of Standards and Technology Special Publication 800-88, "Guidelines for Media Sanitization" (2006). See htt://csrc.is.v 6.21.5 The first sentence of section 33, General Contract Conditions, PUR 1000 is replaced by the following: The Contractor shall comply fully with all security procedures of the Customer, including those adopted pursuant to section 501.171, Florida Statutes, and Chapter 71A-1, Florida Administrative Code, in performance of the Purchase Order. The warranties of this paragraph shall survive the ACS. If the Customer's security procedures in place as of the effective date of the Purchase Order materially change, then the Customer shall promptly notify the Contractor, and the Contractor and the Customer shall negotiate an amendment to the Purchase Order to address the change in procedures. 6.22 Compliance with Laws The Contractor shall comply with all laws, Florida Administrative Code rules, ordinances, and licensing requirements applicable to the conduct of its business within the State, including those of federal, state, and local governmental entities having jurisdiction and authority. By way of non -exhaustive example, Chapter 287, Florida Statutes, and Chapter 60A-1, Florida Administrative Code, govern the ACS. By way of further non - exhaustive example, the Contractor shall comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. Violation of such laws may be grounds for termination of the ACS. Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 54 of 636 The Contractor also shall be governed by and shall not act inconsistently with sections 119.07 and 119.0701, Florida Statutes, regarding public records (all data or information furnished by the Department or State of Florida are state data and records), and section 501.171, Florida Statutes, regarding data security and records maintenance. Any maintenance, support, notice, self -training, certification, audit, review or other provisions contained in Purchase Orders, or additional terms and conditions incorporated into those agreements, that do not comply with Florida law shall not apply to this ACS. 7. Contract Management 7.1 The Department employee responsible for maintaining the contract file for this ACS is: Christopher McMullen, Contract Manager/Purchasing Analyst FL Department of Management Services Division of State Purchasing 4050 Esplanade Way, Ste. 370 Tallahassee, FL 32399-0950 Telephone: (850) 922-9867 E-mail: Chistopher. c ullen s. yloria.co 7.2 The Department may unilaterally appoint a different Contract Manager to the ACS. Said action shall not constitute or require an amendment to the ACS. Any communication to the Department relating to the ACS shall be addressed to the Contract Manager. 7.3 The Contractor shall assign one individual to serve as the designated contact person for this ACS. All questions and Customer service issues concerning this ACS shall be directed to the Contractor's designated contact person. It will be the designated contact person's responsibility to coordinate with necessary Customer personnel as required to answer questions and resolve issues. The Contractor must provide written notice to the Department if a new employee is designated as the contact person for this ACS within 5 business days of the change. 7.4 The Contractor employee responsible for maintaining the contract file for this ACS is: Mark Mullins, Region Manager Florida Fisher Scientific, L.L.C. 3970 Johns Creek Court Suwannee, GA 30024 Telephone: (305) 528-0672 E-mail: Mark. ullis ther ofisher.co 8. Consequences for Non-performance 8.1 Financial Consequences Customers must apply financial consequences if the Contractor fails to perform in accordance with the ACS or Customer Purchase Order(s). Customer Purchase Order(s) will include financial consequences for non-performance. Financial consequences for non-performance shall not be considered penalties. 8.2 Contractor Event of Default Any non-performance by the Contractor, which is not cured within at least 30 days after receipt of written notice thereof by the State, may constitute a default. At the State's exclusive discretion, the period afforded for cure may be extended so long as Contractor institutes satisfactory performance and thereafter diligently and continuously pursues satisfactory performance. Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 55 of 636 8.3 State Remedies Upon the occurrence of a default on the part of the Contractor, the State is entitled to remedies as stated in rule 60A-1.006, Florida Administrative Code, without limitation as to the State's pursuit of other remedies at law or equity. 8.4 State Event of Default The State's failure to perform or delay in performing any of the its responsibilities under this ACS will not constitute grounds for termination of the ACS, or Purchase Order(s), or other means of purchase, by the Contractor except for a failure by the State to timely pay amounts due and owing after a reasonable time to cure and agreement by the State. 9. Subcontractors The Contractor shall not use subcontractors to provide products or perform services under this ACS without express prior written permission of the Department. Contractor's use of subcontractors without the express prior written consent of the Department shall constitute a breach of this ACS and may result in termination of the ACS. 10. Exhibits to the ACS 10.1 All terms and conditions contained in Exhibits A through D are incorporated as if fully set forth herein and shall remain in full force and effect throughout the term of the ACS, unless modified in writing by the parties. The Exhibits are: 10.1.1 Exhibit A: The Authorized Contract, including exhibits and amendments as modified by Section 5 of this document. 10.1.2 Exhibit B: Prime Award PPG schedule with Bands 10.1.3 Exhibit C: Prime Award PPG schedule 10.1.4 Exhibit D: UF's Invitation to Negotiate No. ITN15NH-105 for Research Laboratory Supplies 11. Entire Agreement of the Parties 11.1 This document and Exhibits A through D constitute the ACS and entire understanding of the parties. Any modification to the ACS must be in writing and signed by the parties. 11.2 In the event of conflict, this document, the exhibits and agency purchase orders shall have priority in the order listed below: 11.2.1 This document and amendments, with latest issued having priority 11.2.2 Exhibit A: Authorized Contract and amendments 11.2.3 Exhibit D: UF's Invitation to Negotiate No. ITN15NH-105 for Research Laboratory Supplies and amendments 11.2.4 PUR 1000, General Contract Conditions 11.2.5 Exhibit C: Prime Award PPG Schedule 11.2.6 Exhibit B: Prime Award PPG Schedule with Bands 11.2.7 Hot List Pricing 11.2.8 Purchase Orders issued pursuant to the ACS Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 56 of 636 IN WITNESS WHEREOF, the parties have executed this Agreement as of the last date signed by both parties below. State of Florida Department of Management Services: Fisher Scientific Company, L.L.C.: Signature: Signature on File Signature: Signature on File Name: Chad Po Name: Eric Patterson Title: Secretary Title: Regional Vice President, Sales Date: Date: Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS 10 Page 57 of 636 Exhibit A Authorized Contract University of Florida Memorandum of Understanding (MOU) Laboratory Supplies Purpose: The intent of this document is to clearly outline the mutual understanding between the University of Florida ("University) and Fisher Scientific Company L.L.C. ("Vendor) surrounding our enhanced partnership for the future for the Laboratory Supplies ITN #15NH-105 This MOU outlines the agreement for OF entities. Other adopting entities are outlined in Attachment D, E and F. r A. Shipping: Vendor will deliver all products FOB destination. Shipping cost for all products will be paid by Vendor, with the exception of expedited -- WLMor _': Urr'iv¥ruttY '. General Terms a Aideo-,t A. Agreement Length: 5 years with two (2) one-year options to extend. ✓ ✓ B. Effective Date: Upon signature for a period of five (5) years. ✓ ✓ C. Termination: Either party may terminate this Agreement without cause following ninety (90) days prior written notice to the other party. In the r ✓ event of termination under this provision, the Successful Vendor shall be entitled to receive just and equitable compensation for work in progress, '� ✓ work completed and materials accepted before the effective date of termination. ✓ ✓ D. Invoicing and Payment Terms: Vendor and University will decide upon a mutually acceptable standard format for invoicing. Invoices shall be made available electronically. Payment terms will be net 30 days with a 2% discount for non-credit card orders if paid within 10 days- ✓ ✓ E. Entities Covered; The terms and conditions of this agreement will apply to all the other state universities and government institutions that recognize Fisher Scientific as its prime supplier of Laboratory Supplies by executing an agreement between that university or institution and r ✓ Fisher Scientific. Other entities such as state universities, community colleges, district school boards, educational institutions and governmental ✓ ✓ agencies may establish a multiple vendor agreement under this award with separate pricing (Attachment D, E and F), incentives and service r ✓ levels by executing a separate agreement between such entity and Fisher Scientific. F. Governance: In the event of a conflict between documents, this Agreement (MOU) shall be first control, the Invitation to Negotiate, and finally the r ✓ vendor response and General Terms and Conditions of Sale. r A. Shipping: Vendor will deliver all products FOB destination. Shipping cost for all products will be paid by Vendor, with the exception of expedited delivery services. Vendor shall provide desktop delivery to all University locations at the Gainesville campus only with regard to orders from the ✓ ✓ on-site storeroom. B. Other Shipping & Related Fees: Vendor shall waive all hazardous material (hazmat) fees, blue and dry ice fees, fuel surcharges, or any other ✓ r related transportation fees. r ✓ C. Restocking Fees: Vendor shall not charge restocking fees for any items returned. '� ✓ D. Order Accuracy: Order Accuracy rate shall be maintained at 95% or greater. Order Accuracy rate is defined as "the number of items delivered ✓ r as ordered divided by the total number of items ordered." E. Product Returns: University shall have the right to return any unused products for a full refund within 30 days of ordering, with the exception of r r frozen or refrigerated products which may spoil, or custom products. F. ECCN Codes: Vendor shall provide ECCN codes for all goods covered by federal government export restrictions. ECCN codes should be r ✓ included on all quotes and invoices for equipment over $5,000. G. Other Services: Vendor & University will jointly determine additional service level expectations within 30 days of the signed agreement which r ✓ includes but not limited to, delivery times, order fill rate, etc. A. Discounts: Pricing shall consist of a list price minus a discount based on the product group a product falls in. See Attachments A and B for product discounts that recognize Fisher Scientific as Prime supplier. See Attachment D and E for product discounts for multivendor agreement ✓ ✓ discounts. All discounts shall be set for the term of the contract - B. Hot List: In recognition of the high volume of purchases, Vendor shall provide significantly deeper discounts for a list of products accounting for approximately 25% of University's consumable spend. These items shall be referred to as the hot list, and are denoted in Attachment C. r ✓ University and Vendor will work together to adjust the hot list semi-annually to maintain product mix accounting for 25% of annual spend. Hotlist for institutions using this agreement as a multi -vendor award is in Attachment F- C. OF Volume Incentive Cost Reduction: Vendor will pay to the University 2.0% rebate on all (excluding Life Technologies products) sales volume through this agreement at the University of Florida in the form of reduced prices. The rebate awarded in the form of price reductions until r ✓ the total calculated amount has been saved. Vendor will track and report accumulated discounts at business review. Life Technologies sales volume will be broken out for reporting purposes to ensure compliance to the contract. D. Participation Incentive Fee: Vendor will pay to the University 0.5 % rebate on all (excluding Life Technologies products) sales volume through this agreement at institutions where this agreement is not prime. For State Institutions that adapt this contract as prime, the rebate shall be ✓ r returned to each institution by reducing net cost or as the institution designates. Calculation of this benefit will be reported by Vendor at the first review meeting of the year for the prior year. E. Life Science Growth Plan: Vendor will rebate back the transportation fees paid by the University on Life Technologies consumable products, whether purchased directly or through Fisher Scientific, if the growth goal for the calendar year is met. Baseline will be established within the first 30 days of the contract term This incentive is for the University of Florida only and is not available to the participating entities. Growth goals are as follows. Year 1 - 10% over baseline ✓ ✓ Year2 - 5% over prior year Year 3 - 3% over prior year Year4 - 3% over prior year Year 5 - at or above prior year F. Low Cost Alternatives List: Vendor shall maintain a list of no fewer than 200 low-cost alternatives to items University currently purchases. These items will be highlighted on Vendor website and by other means approved by University as alternative options for researchers placing ✓ r orders. Under no circumstances shall Vendor website or any other mechanism substitute these or any other low-cost alternatives without approval of University representative placing the order. Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS 11 Page 58 of 636 University of Florida Memorandum of Understanding (MOU) Laboratory Supplies Purpose: The intent of this document is to clearly outline the mutual understanding between the University of Florida ("University') and Fisher Scientific Company L.L.C. ("Vendor) surrounding our enhanced partnership for the future for the Laboratory Supplies ITN #15NH-105 G. New Product Introductions: Vendor will notify University purchasing department quarterly of new product introductions and provide an updated ✓ ✓ pricebook indicating the PPG and band the new products belong in. Accept _. t H. New Product Pricing: If a new product is introduced into an existing category of products, University shall receive the discount corresponding to ✓ ✓ that product category off of the public list price. in the event a new category of products is introduced or a product is not placed in a category, ✓ University and Vendor will negotiate a mutually agreed upon discount for all products in that category. ✓ ✓ I. Manufacturer price negotiations: On no less than a quarterly basis Vendor and University will provide data to identify underserved commodities distribution. Manufacturers of focus will be jointly determined and both Vendor and University ✓ being purchased directly through manufacturer or will work together to move distribution of identified products through the prime distributor channel or negotiate decreased costs (or rebates) for ✓ ✓ manufacturer spend through the prime agreement in the best mutual interest. J. List Price: List prices shall be held firm for one year from the effective date of this contract. Vendor shall be allowed to implement a price ✓ ✓ increase equal to the increase in Vendors list prices each year during the month of January, provided that Vendor's overall annual price increase shall not exceed the change in the Finished Goods Producer Price Index (PPI) for that year. Once any price increase is implemented, Vendor listing of their containing the previous years list price and the new list ✓ ✓ shall provide University Purchasing Department with a complete products, price for each product. Requests will be made no less than 60 days in advance and include documentation of cost drivers and an impact ✓ ✓ statement. J Signing Bonus: Vendor shall pay University a pre -paid rebate for the first year of $1.OM due within 30 days after award posting. In the event ✓ ✓ that University terminates this agreement without cause at any time prior to expiration of the initial five (5) year term. University shall repay $1.0M will be applied to price reductions at $200,000 annually for 5 years; applied ✓ ✓ Vendor such pre -paid rebate on a pro -rata basis. An additional in the form of price reductions until the total amount has been saved and reported with other required reporting. ✓ ✓ K_ Large Orders: Vendor willing to offer deeper discounts for large one-time orders on a case by case basis. Signed by: C / Date: 02/12/2105 Ven�dorr Q�A Q� a 112,1 Signed by: '� —' �' — Date: 2015 University Nicola Herre�ddiia. Assistant Director Signed by: ' " - o� Date: 2/13/2015 University Michael V. McKee, Interim Vice President and Chief Financial Officer Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 99 of 636 Vendor i' University . Management & Re ortin Accept _. t A. Account Management: Vendor will designate a dedicated OF approved account team to assist in all activities associated with the service and ✓ ✓ maintenance of the account as outlined in Vendor response. B. On -campus Storeroom Management: Vendor shall provide management services for an on -campus storeroom at University of Florida. Vendor dry ice other requested items from their catalog in the storeroom. Vendor may also be asked to ✓ ✓ shall stock and sell high volume, ethanol, and stock and sell third party vendor items as needed. In addition, Vendor shall make on -campus, desktop deliveries from the stockroom. c. on -campus Storeroom Rent and Location: To be mutually agreed upon by the parties in writing, provided that rent for the storeroom shall not ✓ ✓ be less than $6,000 per year. D. Additional Pricing Structures: Vendor will make available to OF additional pricing structures (besides Hotlist, and PPG; i.e. Vendor Product line ✓ ✓ discounts) to be incorporated into contract. This will be discussed at Business Reviews. E. Quarterly Business Review Meetings: To maintain partnership, Vendor will meet at least on a quarterly basis with University account management to discuss vendor performance and review reporting. Vendor shall present recommendations to enhance value, improve ✓ ✓ sustainability, options and further reduce product costs related to University purchases as they become apparent. F. eBusiness: Vendor will participate in the University's eProcurement and elnvoicing initiatives, as well as future initiatives. Punch -out site ✓ ✓ provided by Vendor will have stock availability functionality. Vendor agrees to suppress products in punch -out site as required by UF. G. Reporting: Vendor will provide University with detailed reporting (electronic) as outlined in the ITN and this MOU as requested by University ✓ ✓ either monthly, quarterly, and/or semi-annually. Reporting will include entities that adopt the OF agreement and all requirements will be discussed during contract im lementation. H. Remediation: Vendor will produce audit tool as mutually agreed upon by the parties in writing to be utilized by OF personnel. In the event pricing ✓ ✓ or discount levels reflected on invoices do not match the pricing levels as stated in the agreement, University and Vendor will work together to calculate and issue an appropriate credit. Signed by: C / Date: 02/12/2105 Ven�dorr Q�A Q� a 112,1 Signed by: '� —' �' — Date: 2015 University Nicola Herre�ddiia. Assistant Director Signed by: ' " - o� Date: 2/13/2015 University Michael V. McKee, Interim Vice President and Chief Financial Officer Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 99 of 636 Exhibit B Prime Award PPG schedule with Bands Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Apparatus Apparatus - All Apparatus - All 47.0% Based on A001 1 Other Other - High January List Discount Price of Applicable Calendar Year Apparatus Apparatus - All Apparatus - All 48.0% Based on A001 2 Other Other - Medium January List High Discount Price of Applicable Calendar Year Apparatus Apparatus - All Apparatus - All 37.7% Based on A001 3 Other Other - Medium January List Discount Price of Applicable Calendar Year Apparatus Apparatus - All Apparatus - All 34.0% Based on A001 4 Other Other - Medium Low January List Discount Price of Applicable Calendar Year Apparatus Apparatus - All Apparatus - All 20.5% Based on A001 5 Other Other - Low January List Discount Price of Applicable Calendar Year Apparatus Apparatus - Apparatus - 29.0% Based on A900 1 Education Education - High January List Discount Price of Applicable Calendar Year Apparatus Apparatus - Apparatus - 29.0% Based on A900 2 Education Education - Medium January List High Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page gbof 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Apparatus Apparatus - Apparatus - 29.0% Based on A900 3 Education Education - Medium January List Discount Price of Applicable Calendar Year Apparatus Apparatus - Apparatus - 29.0% Based on A900 4 Education Education - Medium January List Low Discount Price of Applicable Calendar Year Apparatus Apparatus - Apparatus - 29.1% Based on A900 5 Education Education - Low January List Discount Price of Applicable Calendar Year Apparatus Clamps, Trays, and Clamps, Trays, and 39.6% Based on A005 1 Supports Supports - High January List Discount Price of Applicable Calendar Year Apparatus Clamps, Trays, and Clamps, Trays, and 59.0% Based on A005 2 Supports Supports - Medium January List High Discount Price of Applicable Calendar Year Apparatus Clamps, Trays, and Clamps, Trays, and 56.8% Based on A005 3 Supports Supports - Medium January List Discount Price of Applicable Calendar Year Apparatus Clamps, Trays, and Clamps, Trays, and 48.0% Based on A005 4 Supports Supports - Medium January List Low Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page d1 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Apparatus Clamps, Trays, and Clamps, Trays, and 36.0% Based on A005 5 Supports Supports - Low January List Discount Price of Applicable Calendar Year Apparatus Cryogenic Products Cryogenic Products 35.4% Based on A006 2 - Medium High January List Discount Price of Applicable Calendar Year Apparatus Cryogenic Products Cryogenic Products 39.9% Based on A006 3 - Medium Discount January List Price of Applicable Calendar Year Apparatus Cryogenic Products Cryogenic Products 31.2% Based on A006 4 - Medium Low January List Discount Price of Applicable Calendar Year Apparatus Cryogenic Products Cryogenic Products 24.0% Based on A006 5 - Low Discount January List Price of Applicable Calendar Year Apparatus Desiccators Desiccators - High 35.0% Based on A007 1 Discount January List Price of Applicable Calendar Year Apparatus Desiccators Desiccators - 41.2% Based on A007 2 Medium High January List Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page b"2 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Apparatus Desiccators Desiccators - 48.0% Based on A007 3 Medium Discount January List Price of Applicable Calendar Year Apparatus Desiccators Desiccators - 45.0% Based on A007 4 Medium Low January List Discount Price of Applicable Calendar Year Apparatus Desiccators Desiccators - Low 38.5% Based on A007 5 Discount January List Price of Applicable Calendar Year Apparatus Facility Safety - Facility Safety - 29.2% Based on A004 1 Maintenance & Maintenance & January List Operations - Operations - Price of Apparatus(Safety) Apparatus(Safety) - Applicable High Discount Calendar Year Apparatus Facility Safety - Facility Safety - 42.3% Based on A004 2 Maintenance & Maintenance & January List Operations - Operations - Price of Apparatus(Safety) Apparatus(Safety) - Applicable Medium High Calendar Year Discount Apparatus Facility Safety - Facility Safety - 41.5% Based on A004 3 Maintenance & Maintenance & January List Operations - Operations - Price of Apparatus(Safety) Apparatus(Safety) - Applicable Medium Discount Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page n of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Apparatus Facility Safety - Facility Safety - 38.8% Based on A004 4 Maintenance & Maintenance & January List Operations - Operations - Price of Apparatus(Safety) Apparatus(Safety) - Applicable Medium Low Calendar Year Discount Apparatus Facility Safety - Facility Safety - 29.5% Based on A004 5 Maintenance & Maintenance & January List Operations - Operations - Price of Apparatus(Safety) Apparatus(Safety) - Applicable Low Discount Calendar Year Apparatus Fire Fighting & Fire Fighting & 27.3% Based on A008 1 Emergency Emergency January List Response — Response — Price of Equipment & Equipment & Applicable Medical (Safety) Medical (Safety) - Calendar Year High Discount Apparatus Fire Fighting & Fire Fighting & 28.2% Based on A008 2 Emergency Emergency January List Response — Response — Price of Equipment & Equipment & Applicable Medical (Safety) Medical (Safety) - Calendar Year Medium High Discount Apparatus Fire Fighting & Fire Fighting & 39.6% Based on A008 3 Emergency Emergency January List Response — Response — Price of Equipment & Equipment & Applicable Medical (Safety) Medical (Safety) - Calendar Year Medium Discount Apparatus Fire Fighting & Fire Fighting & 28.2% Based on A008 4 Emergency Emergency January List Response — Response — Price of Equipment & Equipment & Applicable Medical (Safety) Medical (Safety) - Calendar Year Medium Low Discount Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 94 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Apparatus Fire Fighting & Fire Fighting & 22.7% Based on A008 5 Emergency Emergency January List Response — Response — Price of Equipment & Equipment & Applicable Medical (Safety) Medical (Safety) - Calendar Year Low Discount Apparatus Microbiology Microbiology 53.0% Based on A002 1 Apparatus Apparatus - High January List Discount Price of Applicable Calendar Year Apparatus Microbiology Microbiology 36.5% Based on A002 2 Apparatus Apparatus - Medium January List High Discount Price of Applicable Calendar Year Apparatus Microbiology Microbiology 34.5% Based on A002 3 Apparatus Apparatus - Medium January List Discount Price of Applicable Calendar Year Apparatus Microbiology Microbiology 28.1% Based on A002 4 Apparatus Apparatus - Medium January List Low Discount Price of Applicable Calendar Year Apparatus Microbiology Microbiology 11.0% Based on A002 5 Apparatus Apparatus - Low January List Discount Price of Applicable Calendar Year Apparatus PPE — Fall PPE — Fall 26.1% Based on A010 1 Protection (Safety) Protection (Safety) - January List High Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page �% of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Apparatus PPE — Fall PPE — Fall 46.0% Based on A010 2 Protection (Safety) Protection (Safety) - January List Medium High Price of Discount Applicable Calendar Year Apparatus PPE — Fall PPE — Fall 23.7% Based on A010 3 Protection (Safety) Protection (Safety) - January List Medium Discount Price of Applicable Calendar Year Apparatus PPE — Fall PPE — Fall 21.0% Based on A010 5 Protection (Safety) Protection (Safety) - January List Low Discount Price of Applicable Calendar Year Apparatus Racks Racks - High 32.3% Based on A003 1 Discount January List Price of Applicable Calendar Year Apparatus Racks Racks - Medium 46.7% Based on A003 2 High Discount January List Price of Applicable Calendar Year Apparatus Racks Racks - Medium 43.3% Based on A003 3 Discount January List Price of Applicable Calendar Year Apparatus Racks Racks - Medium 41.0% Based on A003 4 Low Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page �% of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Apparatus Racks Racks - Low 25.1% Based on A003 5 Discount January List Price of Applicable Calendar Year Biologicals Antibodies Antibodies - High 12.0% Based on B003 1 Discount January List Price of Applicable Calendar Year Biologicals Antibodies Antibodies - Medium 2.0% Based on B003 2 High Discount January List Price of Applicable Calendar Year Biologicals Antibodies Antibodies - Medium 14.5% Based on B003 3 Discount January List Price of Applicable Calendar Year Biologicals Antibodies Antibodies - Medium 9.0% Based on B003 4 Low Discount January List Price of Applicable Calendar Year Biologicals Antibodies Antibodies - Low 17.0% Based on B003 5 Discount January List Price of Applicable Calendar Year Biologicals Biologicals - All Biologicals - All 23.0% Based on B001 1 Other Other - High January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page :6l of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Biologicals Biologicals - All Biologicals - All 26.0% Based on B001 2 Other Other - Medium January List High Discount Price of Applicable Calendar Year Biologicals Biologicals - All Biologicals - All 12.0% Based on B001 3 Other Other - Medium January List Discount Price of Applicable Calendar Year Biologicals Biologicals - All Biologicals - All 13.5% Based on B001 4 Other Other - Medium Low January List Discount Price of Applicable Calendar Year Biologicals Biologicals - All Biologicals - All 10.0% Based on B001 5 Other Other - Low January List Discount Price of Applicable Calendar Year Biologicals Biologicals - Biologicals - 30.0% Based on B900 3 Education Education - Medium January List Discount Price of Applicable Calendar Year Biologicals Biologicals - Biologicals - 25.5% Based on B900 4 Education Education - Medium January List Low Discount Price of Applicable Calendar Year Biologicals Biologicals - Biologicals - 16.0% Based on B900 5 Education Education - Low January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page X618 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Biologicals Blood Culture Blood Culture 46.9% Based on B005 3 Systems Systems - Medium January List Discount Price of Applicable Calendar Year Biologicals Blood Culture Blood Culture 51.3% Based on B005 4 Systems Systems - Medium January List Low Discount Price of Applicable Calendar Year Biologicals Blood Culture Blood Culture 21.2% Based on B005 5 Systems Systems - Low January List Discount Price of Applicable Calendar Year Biologicals Bovine Sera Bovine Sera - 21.3% Based on B008 2 Medium High January List Discount Price of Applicable Calendar Year Biologicals Bovine Sera Bovine Sera - 28.0% Based on B008 3 Medium Discount January List Price of Applicable Calendar Year Biologicals Bovine Sera Bovine Sera - 8.0% Based on B008 4 Medium Low January List Discount Price of Applicable Calendar Year Biologicals Bovine Sera Bovine Sera - Low 34.2% Based on B008 5 Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page i9 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Biologicals Cell Culture Media Cell Culture Media 12.0% Based on B004 1 and Reagents and Reagents - High January List Discount Price of Applicable Calendar Year Biologicals Cell Culture Media Cell Culture Media 14.9% Based on B004 2 and Reagents and Reagents - January List Medium High Price of Discount Applicable Calendar Year Biologicals Cell Culture Media Cell Culture Media 24.4% Based on B004 3 and Reagents and Reagents - January List Medium Discount Price of Applicable Calendar Year Biologicals Cell Culture Media Cell Culture Media 11.0% Based on B004 4 and Reagents and Reagents - January List Medium Low Price of Discount Applicable Calendar Year Biologicals Cell Culture Media Cell Culture Media 12.0% Based on B004 5 and Reagents and Reagents - Low January List Discount Price of Applicable Calendar Year Biologicals Dehydrated Dehydrated 28.0% Based on B007 1 Microbiology Media Microbiology Media - January List High Discount Price of Applicable Calendar Year Biologicals Dehydrated Dehydrated 26.0% Based on B007 2 Microbiology Media Microbiology Media - January List Medium High Price of Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 2ffi of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Biologicals Dehydrated Dehydrated 20.7% Based on B007 3 Microbiology Media Microbiology Media - January List Medium Discount Price of Applicable Calendar Year Biologicals Dehydrated Dehydrated 22.8% Based on B007 4 Microbiology Media Microbiology Media - January List Medium Low Price of Discount Applicable Calendar Year Biologicals Dehydrated Dehydrated 13.0% Based on B007 5 Microbiology Media Microbiology Media - January List Low Discount Price of Applicable Calendar Year Biologicals Enzymes Enzymes - High 27.8% Based on B012 1 Discount January List Price of Applicable Calendar Year Biologicals Enzymes Enzymes - Medium 13.7% Based on B012 2 High Discount January List Price of Applicable Calendar Year Biologicals Enzymes Enzymes - Medium 22.0% Based on B012 3 Discount January List Price of Applicable Calendar Year Biologicals Enzymes Enzymes - Medium 23.0% Based on B012 4 Low Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 2h of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Biologicals Enzymes Enzymes - Low 7.5% Based on B012 5 Discount January List Price of Applicable Calendar Year Biologicals Microbiology Microbiology Quality 23.0% Based on B011 1 Quality Control Control Supplies - January List Supplies High Discount Price of Applicable Calendar Year Biologicals Microbiology Microbiology Quality 26.0% Based on B011 2 Quality Control Control Supplies - January List Supplies Medium High Price of Discount Applicable Calendar Year Biologicals Microbiology Microbiology Quality 19.0% Based on B011 3 Quality Control Control Supplies - January List Supplies Medium Discount Price of Applicable Calendar Year Biologicals Microbiology Microbiology Quality 18.0% Based on B011 4 Quality Control Control Supplies - January List Supplies Medium Low Price of Discount Applicable Calendar Year Biologicals Microbiology Microbiology Quality 3.0% Based on B011 5 Quality Control Control Supplies - January List Supplies Low Discount Price of Applicable Calendar Year Biologicals Microbiology Microbiology 28.0% Based on B009 1 Supplies Supplies - High January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 352 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Biologicals Microbiology Microbiology 23.0% Based on B009 2 Supplies Supplies - Medium January List High Discount Price of Applicable Calendar Year Biologicals Microbiology Microbiology 28.0% Based on B009 3 Supplies Supplies - Medium January List Discount Price of Applicable Calendar Year Biologicals Microbiology Microbiology 23.0% Based on B009 4 Supplies Supplies - Medium January List Low Discount Price of Applicable Calendar Year Biologicals Microbiology Microbiology 24.0% Based on B009 5 Supplies Supplies - Low January List Discount Price of Applicable Calendar Year Biologicals Nucleic Acids and Nucleic Acids and 8.6% Based on B014 2 Components Components - January List Medium High Price of Discount Applicable Calendar Year Biologicals Nucleic Acids and Nucleic Acids and 16.5% Based on B014 3 Components Components - January List Medium Discount Price of Applicable Calendar Year Biologicals Nucleic Acids and Nucleic Acids and 20.0% Based on B014 4 Components Components - January List Medium Low Price of Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 23 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Biologicals Nucleic Acids and Nucleic Acids and 12.7% Based on B014 5 Components Components - Low January List Discount Price of Applicable Calendar Year Biologicals PCR Supplies PCR Supplies - High 13.1% Based on B006 1 Discount January List Price of Applicable Calendar Year Biologicals PCR Supplies PCR Supplies - 21.9% Based on B006 2 Medium High January List Discount Price of Applicable Calendar Year Biologicals PCR Supplies PCR Supplies - 13.0% Based on B006 3 Medium Discount January List Price of Applicable Calendar Year Biologicals PCR Supplies PCR Supplies - 14.0% Based on B006 4 Medium Low January List Discount Price of Applicable Calendar Year Biologicals PCR Supplies PCR Supplies - Low 12.0% Based on B006 5 Discount January List Price of Applicable Calendar Year Biologicals Prepared Prepared 23.9% Based on B013 1 Microbiology Media Microbiology Media January List [Bottles and Slides] [Bottles and Slides] - Price of High Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page Y4 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Biologicals Prepared Prepared 25.2% Based on B013 3 Microbiology Media Microbiology Media January List [Bottles and Slides] [Bottles and Slides] - Price of Medium Discount Applicable Calendar Year Biologicals Prepared Prepared 24.0% Based on B013 4 Microbiology Media Microbiology Media January List [Bottles and Slides] [Bottles and Slides] - Price of Medium Low Applicable Discount Calendar Year Biologicals Prepared Prepared 19.0% Based on B013 5 Microbiology Media Microbiology Media January List [Bottles and Slides] [Bottles and Slides] - Price of Low Discount Applicable Calendar Year Biologicals Prepared Prepared 31.7% Based on B002 1 Microbiology Media Microbiology Media January List [Plates] [Plates] - High Price of Discount Applicable Calendar Year Biologicals Prepared Prepared 48.0% Based on B002 2 Microbiology Media Microbiology Media January List [Plates] [Plates] - Medium Price of High Discount Applicable Calendar Year Biologicals Prepared Prepared 32.4% Based on B002 3 Microbiology Media Microbiology Media January List [Plates] [Plates] - Medium Price of Discount Applicable Calendar Year Biologicals Prepared Prepared 33.7% Based on B002 4 Microbiology Media Microbiology Media January List [Plates] [Plates] - Medium Price of Low Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 2& of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Biologicals Prepared Prepared 21.0% Based on B002 5 Microbiology Media Microbiology Media January List [Plates] [Plates] - Low Price of Discount Applicable Calendar Year Biologicals Prepared Prepared 32.8% Based on B010 1 Microbiology Media Microbiology Media January List [Tubes] [Tubes] - High Price of Discount Applicable Calendar Year Biologicals Prepared Prepared 22.0% Based on B010 2 Microbiology Media Microbiology Media January List [Tubes] [Tubes] - Medium Price of High Discount Applicable Calendar Year Biologicals Prepared Prepared 5.0% Based on B010 3 Microbiology Media Microbiology Media January List [Tubes] [Tubes] - Medium Price of Discount Applicable Calendar Year Biologicals Prepared Prepared 45.0% Based on B010 4 Microbiology Media Microbiology Media January List [Tubes] [Tubes] - Medium Price of Low Discount Applicable Calendar Year Biologicals Prepared Prepared 17.0% Based on B010 5 Microbiology Media Microbiology Media January List [Tubes] [Tubes] - Low Price of Discount Applicable Calendar Year Biologicals Proteins Proteins - Medium 21.9% Based on B015 2 High Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 2& of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Biologicals Proteins Proteins - Medium 10.5% Based on B015 3 Discount January List Price of Applicable Calendar Year Biologicals Proteins Proteins - Medium 39.0% Based on B015 4 Low Discount January List Price of Applicable Calendar Year Biologicals Proteins Proteins - Low 14.0% Based on B015 5 Discount January List Price of Applicable Calendar Year Chemicals Acids - Inorganic Acids - Inorganic - 57.4% Based on H004 1 High Discount January List Price of Applicable Calendar Year Chemicals Acids - Inorganic Acids - Inorganic - 67.9% Based on H004 2 Medium High January List Discount Price of Applicable Calendar Year Chemicals Acids - Inorganic Acids - Inorganic - 68.6% Based on H004 3 Medium Discount January List Price of Applicable Calendar Year Chemicals Acids - Inorganic Acids - Inorganic - 40.8% Based on H004 4 Medium Low January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 3l of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Chemicals Acids - Inorganic Acids - Inorganic - 59.8% Based on H004 5 Low Discount January List Price of Applicable Calendar Year Chemicals Acids - Organic Acids - Organic - 58.2% Based on H018 1 High Discount January List Price of Applicable Calendar Year Chemicals Acids - Organic Acids - Organic - 71.4% Based on H018 2 Medium High January List Discount Price of Applicable Calendar Year Chemicals Acids - Organic Acids - Organic - 29.5% Based on H018 3 Medium Discount January List Price of Applicable Calendar Year Chemicals Acids - Organic Acids - Organic - 62.6% Based on H018 4 Medium Low January List Discount Price of Applicable Calendar Year Chemicals Acids - Organic Acids - Organic - 40.3% Based on H018 5 Low Discount January List Price of Applicable Calendar Year Chemicals Buffers Buffers - High 43.6% Based on H006 1 Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page Y8 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Chemicals Buffers Buffers - Medium 35.8% Based on H006 2 High Discount January List Price of Applicable Calendar Year Chemicals Buffers Buffers - Medium 54.0% Based on H006 3 Discount January List Price of Applicable Calendar Year Chemicals Buffers Buffers - Medium 52.1% Based on H006 4 Low Discount January List Price of Applicable Calendar Year Chemicals Buffers Buffers - Low 30.6% Based on H006 5 Discount January List Price of Applicable Calendar Year Chemicals Caustics Caustics - Medium 65.8% Based on H015 2 High Discount January List Price of Applicable Calendar Year Chemicals Caustics Caustics - Medium 66.1% Based on H015 3 Discount January List Price of Applicable Calendar Year Chemicals Caustics Caustics - Medium 40.4% Based on H015 4 Low Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 3�9 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Chemicals Caustics Caustics - Low 67.2% Based on H015 5 Discount January List Price of Applicable Calendar Year Chemicals Chemicals - All Chemicals - All 28.5% Based on H001 1 Other Other - High January List Discount Price of Applicable Calendar Year Chemicals Chemicals - All Chemicals - All 52.1% Based on H001 2 Other Other - Medium January List High Discount Price of Applicable Calendar Year Chemicals Chemicals - All Chemicals - All 68.1% Based on H001 3 Other Other - Medium January List Discount Price of Applicable Calendar Year Chemicals Chemicals - All Chemicals - All 36.3% Based on H001 4 Other Other - Medium Low January List Discount Price of Applicable Calendar Year Chemicals Chemicals - All Chemicals - All 24.6% Based on H001 5 Other Other - Low January List Discount Price of Applicable Calendar Year Chemicals Chemicals - Chemicals - 27.1% Based on H900 1 Education Education - High January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page k of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Chemicals Chemicals - Chemicals - 13.6% Based on H900 2 Education Education - Medium January List High Discount Price of Applicable Calendar Year Chemicals Chemicals - Chemicals - 29.8% Based on H900 3 Education Education - Medium January List Discount Price of Applicable Calendar Year Chemicals Chemicals - Chemicals - 28.6% Based on H900 4 Education Education - Medium January List Low Discount Price of Applicable Calendar Year Chemicals Chemicals - Chemicals - 29.8% Based on H900 5 Education Education - Low January List Discount Price of Applicable Calendar Year Chemicals Histology Reagents Histology Reagents 57.2% Based on H010 1 - High Discount January List Price of Applicable Calendar Year Chemicals Histology Reagents Histology Reagents 54.0% Based on H010 2 - Medium High January List Discount Price of Applicable Calendar Year Chemicals Histology Reagents Histology Reagents 55.1% Based on H010 3 - Medium Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page V1 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Chemicals Histology Reagents Histology Reagents 64.3% Based on H010 4 - Medium Low January List Discount Price of Applicable Calendar Year Chemicals Histology Reagents Histology Reagents 64.4% Based on H010 5 - Low Discount January List Price of Applicable Calendar Year Chemicals Inorganics - Other Inorganics - Other - 26.2% Based on H005 1 High Discount January List Price of Applicable Calendar Year Chemicals Inorganics - Other Inorganics - Other - 68.4% Based on H005 2 Medium High January List Discount Price of Applicable Calendar Year Chemicals Inorganics - Other Inorganics - Other - 70.7% Based on H005 3 Medium Discount January List Price of Applicable Calendar Year Chemicals Inorganics - Other Inorganics - Other - 66.7% Based on H005 4 Medium Low January List Discount Price of Applicable Calendar Year Chemicals Inorganics - Other Inorganics - Other - 36.4% Based on H005 5 Low Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page b"2 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Chemicals Inorganics - Sodium Inorganics - Sodium 57.6% Based on H011 1 Compounds Compounds January List [Inorganics] [Inorganics] - High Price of Discount Applicable Calendar Year Chemicals Inorganics - Sodium Inorganics - Sodium 72.5% Based on H011 2 Compounds Compounds January List [Inorganics] [Inorganics] - Price of Medium High Applicable Discount Calendar Year Chemicals Inorganics - Sodium Inorganics - Sodium 68.8% Based on H011 3 Compounds Compounds January List [Inorganics] [Inorganics] - Price of Medium Discount Applicable Calendar Year Chemicals Inorganics - Sodium Inorganics - Sodium 30.0% Based on H011 4 Compounds Compounds January List [Inorganics] [Inorganics] - Price of Medium Low Applicable Discount Calendar Year Chemicals Inorganics - Sodium Inorganics - Sodium 27.2% Based on H011 5 Compounds Compounds January List [Inorganics] [Inorganics] - Low Price of Discount Applicable Calendar Year Chemicals Organics Organics - High 32.9% Based on H002 1 Discount January List Price of Applicable Calendar Year Chemicals Organics Organics - Medium 70.4% Based on H002 2 High Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page n of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Chemicals Organics Organics - Medium 62.8% Based on H002 3 Discount January List Price of Applicable Calendar Year Chemicals Organics Organics - Medium 27.7% Based on H002 4 Low Discount January List Price of Applicable Calendar Year Chemicals Organics Organics - Low 17.0% Based on H002 5 Discount January List Price of Applicable Calendar Year Chemicals Solutions for Solutions for 53.1% Based on H012 1 Chemical Testing Chemical Testing - January List High Discount Price of Applicable Calendar Year Chemicals Solutions for Solutions for 66.1% Based on H012 2 Chemical Testing Chemical Testing - January List Medium High Price of Discount Applicable Calendar Year Chemicals Solutions for Solutions for 41.8% Based on H012 3 Chemical Testing Chemical Testing - January List Medium Discount Price of Applicable Calendar Year Chemicals Solutions for Solutions for 62.1% Based on H012 4 Chemical Testing Chemical Testing - January List Medium Low Price of Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 94 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Chemicals Solutions for Solutions for 58.5% Based on H012 5 Chemical Testing Chemical Testing - January List Low Discount Price of Applicable Calendar Year Chemicals Solvents - Acetone Solvents - Acetone - 46.2% Based on H016 2 Medium High January List Discount Price of Applicable Calendar Year Chemicals Solvents - Acetone Solvents - Acetone - 81.5% Based on H016 3 Medium Discount January List Price of Applicable Calendar Year Chemicals Solvents - Acetone Solvents - Acetone - 72.1% Based on H016 4 Medium Low January List Discount Price of Applicable Calendar Year Chemicals Solvents - Acetone Solvents - Acetone - 69.7% Based on H016 5 Low Discount January List Price of Applicable Calendar Year Chemicals Solvents - Solvents - 62.4% Based on H007 2 Acetonitrile Acetonitrile - January List Medium High Price of Discount Applicable Calendar Year Chemicals Solvents - Solvents - 28.0% Based on H007 3 Acetonitrile Acetonitrile - January List Medium Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page & of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Chemicals Solvents - Solvents - 68.9% Based on H007 4 Acetonitrile Acetonitrile - January List Medium Low Price of Discount Applicable Calendar Year Chemicals Solvents - Solvents - 70.3% Based on H007 5 Acetonitrile Acetonitrile - Low January List Discount Price of Applicable Calendar Year Chemicals Solvents - Ethanol Solvents - Ethanol - 47.0% Based on H009 1 High Discount January List Price of Applicable Calendar Year Chemicals Solvents - Ethanol Solvents - Ethanol - 48.3% Based on H009 2 Medium High January List Discount Price of Applicable Calendar Year Chemicals Solvents - Ethanol Solvents - Ethanol - 73.0% Based on H009 3 Medium Discount January List Price of Applicable Calendar Year Chemicals Solvents - Ethanol Solvents - Ethanol - 72.2% Based on H009 4 Medium Low January List Discount Price of Applicable Calendar Year Chemicals Solvents - Hexanes Solvents - Hexanes 73.2% Based on H020 2 - Medium High January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page & of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Chemicals Solvents - Hexanes Solvents - Hexanes 77.7% Based on H020 3 - Medium Discount January List Price of Applicable Calendar Year Chemicals Solvents - Hexanes Solvents - Hexanes 78.8% Based on H020 4 - Medium Low January List Discount Price of Applicable Calendar Year Chemicals Solvents - Hexanes Solvents - Hexanes 26.7% Based on H020 5 - Low Discount January List Price of Applicable Calendar Year Chemicals Solvents - Solvents - 66.8% Based on H014 2 Isopropanol [IPA] Isopropanol [IPA] - January List Medium High Price of Discount Applicable Calendar Year Chemicals Solvents - Solvents - 77.3% Based on H014 3 Isopropanol [IPA] Isopropanol [IPA] - January List Medium Discount Price of Applicable Calendar Year Chemicals Solvents - Solvents - 33.1% Based on H014 4 Isopropanol [IPA] Isopropanol [IPA] - January List Medium Low Price of Discount Applicable Calendar Year Chemicals Solvents - Solvents - 63.5% Based on H014 5 Isopropanol [IPA] Isopropanol [IPA] - January List Low Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page V7 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Chemicals Solvents - Methanol Solvents - Methanol 67.6% Based on H008 2 - Medium High January List Discount Price of Applicable Calendar Year Chemicals Solvents - Methanol Solvents - Methanol 76.0% Based on H008 3 - Medium Discount January List Price of Applicable Calendar Year Chemicals Solvents - Methanol Solvents - Methanol 38.4% Based on H008 4 - Medium Low January List Discount Price of Applicable Calendar Year Chemicals Solvents - Methanol Solvents - Methanol 68.4% Based on H008 5 - Low Discount January List Price of Applicable Calendar Year Chemicals Solvents - Solvents - 29.1% Based on H019 2 Methylene Chloride Methylene Chloride - January List Medium High Price of Discount Applicable Calendar Year Chemicals Solvents - Solvents - 74.1% Based on H019 3 Methylene Chloride Methylene Chloride - January List Medium Discount Price of Applicable Calendar Year Chemicals Solvents - Solvents - 76.7% Based on H019 4 Methylene Chloride Methylene Chloride - January List Medium Low Price of Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page V8 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Chemicals Solvents - Solvents - 68.4% Based on H019 5 Methylene Chloride Methylene Chloride - January List Low Discount Price of Applicable Calendar Year Chemicals Solvents - Other Solvents - Other - 33.4% Based on H003 1 High Discount January List Price of Applicable Calendar Year Chemicals Solvents - Other Solvents - Other - 76.5% Based on H003 2 Medium High January List Discount Price of Applicable Calendar Year Chemicals Solvents - Other Solvents - Other - 69.2% Based on H003 3 Medium Discount January List Price of Applicable Calendar Year Chemicals Solvents - Other Solvents - Other - 74.3% Based on H003 4 Medium Low January List Discount Price of Applicable Calendar Year Chemicals Solvents - Other Solvents - Other - 62.1% Based on H003 5 Low Discount January List Price of Applicable Calendar Year Chemicals Solvents - Xylenes Solvents - Xylenes - 70.1% Based on H021 3 Medium Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page S of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Chemicals Solvents - Xylenes Solvents - Xylenes - 52.9% Based on H021 4 Medium Low January List Discount Price of Applicable Calendar Year Chemicals Solvents - Xylenes Solvents - Xylenes - 74.7% Based on H021 5 Low Discount January List Price of Applicable Calendar Year Chemicals Standards Standards - High 47.9% Based on H013 1 Discount January List Price of Applicable Calendar Year Chemicals Standards Standards - Medium 44.3% Based on H013 2 High Discount January List Price of Applicable Calendar Year Chemicals Standards Standards - Medium 65.0% Based on H013 3 Discount January List Price of Applicable Calendar Year Chemicals Standards Standards - Medium 48.8% Based on H013 4 Low Discount January List Price of Applicable Calendar Year Chemicals Standards Standards - Low 23.0% Based on H013 5 Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page `b of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Chemicals Water Water - High 62.8% Based on H017 1 Discount January List Price of Applicable Calendar Year Chemicals Water Water - Medium 25.2% Based on H017 2 High Discount January List Price of Applicable Calendar Year Chemicals Water Water - Medium 69.3% Based on H017 3 Discount January List Price of Applicable Calendar Year Chemicals Water Water - Medium Low 70.3% Based on H017 4 Discount January List Price of Applicable Calendar Year Chemicals Water Water - Low 58.7% Based on H017 5 Discount January List Price of Applicable Calendar Year Consumabl Autoradiography Autoradiography 19.0% Based on C070 3 es Supplies Supplies - Medium January List Discount Price of Applicable Calendar Year Consumabl Autoradiography Autoradiography 46.2% Based on C070 4 es Supplies Supplies - Medium January List Low Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page `41 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Autoradiography Autoradiography 21.8% Based on C070 5 es Supplies Supplies - Low January List Discount Price of Applicable Calendar Year Consumabl Bags - Autoclaving Bags - Autoclaving 56.2% Based on C051 2 es Bags Bags - Medium High January List Discount Price of Applicable Calendar Year Consumabl Bags - Autoclaving Bags - Autoclaving 67.2% Based on C051 3 es Bags Bags - Medium January List Discount Price of Applicable Calendar Year Consumabl Bags - Autoclaving Bags - Autoclaving 62.5% Based on C051 4 es Bags Bags - Medium Low January List Discount Price of Applicable Calendar Year Consumabl Bags - Autoclaving Bags - Autoclaving 56.4% Based on C051 5 es Bags Bags - Low Discount January List Price of Applicable Calendar Year Consumabl Bags - Other Bags - Other - 29.3% Based on C074 2 es Medium High January List Discount Price of Applicable Calendar Year Consumabl Bags - Other Bags - Other - 47.6% Based on C074 3 es Medium Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page `ck of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Bags - Other Bags - Other - 54.4% Based on C074 4 es Medium Low January List Discount Price of Applicable Calendar Year Consumabl Bags - Other Bags - Other - Low 40.6% Based on C074 5 es Discount January List Price of Applicable Calendar Year Consumabl Bags - Sample Bags - Sample Bags 45.2% Based on C041 1 es Bags - High Discount January List Price of Applicable Calendar Year Consumabl Bags - Sample Bags - Sample Bags 39.2% Based on C041 2 es Bags - Medium High January List Discount Price of Applicable Calendar Year Consumabl Bags - Sample Bags - Sample Bags 51.3% Based on C041 3 es Bags - Medium Discount January List Price of Applicable Calendar Year Consumabl Bags - Sample Bags - Sample Bags 43.7% Based on C041 4 es Bags - Medium Low January List Discount Price of Applicable Calendar Year Consumabl Bags - Sample Bags - Sample Bags 41.7% Based on C041 5 es Bags - Low Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page `b of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Beakers - Glass Beakers - Glass - 42.6% Based on C079 4 es Medium Low January List Discount Price of Applicable Calendar Year Consumabl Beakers - Glass Beakers - Glass - 43.6% Based on C079 5 es Low Discount January List Price of Applicable Calendar Year Consumabl Beakers - Plastic Beakers - Plastic 49.5% Based on C076 2 es and Other and Other - Medium January List High Discount Price of Applicable Calendar Year Consumabl Beakers - Plastic Beakers - Plastic 58.4% Based on C076 3 es and Other and Other - Medium January List Discount Price of Applicable Calendar Year Consumabl Beakers - Plastic Beakers - Plastic 55.6% Based on C076 4 es and Other and Other - Medium January List Low Discount Price of Applicable Calendar Year Consumabl Beakers - Plastic Beakers - Plastic 42.6% Based on C076 5 es and Other and Other - Low January List Discount Price of Applicable Calendar Year Consumabl Bench Protectors Bench Protectors - 47.6% Based on C072 3 es Medium Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page `64 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Bench Protectors Bench Protectors - 44.0% Based on C072 4 es Medium Low January List Discount Price of Applicable Calendar Year Consumabl Bench Protectors Bench Protectors - 40.8% Based on C072 5 es Low Discount January List Price of Applicable Calendar Year Consumabl Bottles - Glass Bottles - Glass 59.6% Based on C046 2 es Bottles [General Bottles [General January List Purpose] Purpose] - Medium Price of High Discount Applicable Calendar Year Consumabl Bottles - Glass Bottles - Glass 63.7% Based on C046 3 es Bottles [General Bottles [General January List Purpose] Purpose] - Medium Price of Discount Applicable Calendar Year Consumabl Bottles - Glass Bottles - Glass 62.7% Based on C046 4 es Bottles [General Bottles [General January List Purpose] Purpose] - Medium Price of Low Discount Applicable Calendar Year Consumabl Bottles - Glass Bottles - Glass 46.6% Based on C046 5 es Bottles [General Bottles [General January List Purpose] Purpose] - Low Price of Discount Applicable Calendar Year Consumabl Bottles - Media Bottles - Media 42.8% Based on C033 1 es Bottles Bottles - High January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page`& of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Bottles - Media Bottles - Media 49.5% Based on C033 2 es Bottles Bottles - Medium January List High Discount Price of Applicable Calendar Year Consumabl Bottles - Media Bottles - Media 46.0% Based on C033 3 es Bottles Bottles - Medium January List Discount Price of Applicable Calendar Year Consumabl Bottles - Media Bottles - Media 37.2% Based on C033 4 es Bottles Bottles - Medium January List Low Discount Price of Applicable Calendar Year Consumabl Bottles - Media Bottles - Media 42.9% Based on C033 5 es Bottles Bottles - Low January List Discount Price of Applicable Calendar Year Consumabl Bottles - Other Bottles - Other - 44.2% Based on C013 1 es High Discount January List Price of Applicable Calendar Year Consumabl Bottles - Other Bottles - Other - 62.0% Based on C013 2 es Medium High January List Discount Price of Applicable Calendar Year Consumabl Bottles - Other Bottles - Other - 38.9% Based on C013 3 es Medium Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page '9% of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Bottles - Other Bottles - Other - 41.5% Based on C013 4 es Medium Low January List Discount Price of Applicable Calendar Year Consumabl Bottles - Other Bottles - Other - Low 37.4% Based on C013 5 es Discount January List Price of Applicable Calendar Year Consumabl Bottles - Plastic Bottles - Plastic 41.6% Based on C014 1 es Bottles [General Bottles [General January List Purpose] Purpose] - High Price of Discount Applicable Calendar Year Consumabl Bottles - Plastic Bottles - Plastic 50.3% Based on C014 2 es Bottles [General Bottles [General January List Purpose] Purpose] - Medium Price of High Discount Applicable Calendar Year Consumabl Bottles - Plastic Bottles - Plastic 51.2% Based on C014 3 es Bottles [General Bottles [General January List Purpose] Purpose] - Medium Price of Discount Applicable Calendar Year Consumabl Bottles - Plastic Bottles - Plastic 43.5% Based on C014 4 es Bottles [General Bottles [General January List Purpose] Purpose] - Medium Price of Low Discount Applicable Calendar Year Consumabl Bottles - Plastic Bottles - Plastic 38.8% Based on C014 5 es Bottles [General Bottles [General January List Purpose] Purpose] - Low Price of Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page VT of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Bottles - Wash Bottles - Wash 52.7% Based on C091 2 es Bottles Bottles - Medium January List High Discount Price of Applicable Calendar Year Consumabl Bottles - Wash Bottles - Wash 58.6% Based on C091 3 es Bottles Bottles - Medium January List Discount Price of Applicable Calendar Year Consumabl Bottles - Wash Bottles - Wash 51.7% Based on C091 4 es Bottles Bottles - Medium January List Low Discount Price of Applicable Calendar Year Consumabl Bottles - Wash Bottles - Wash 53.8% Based on C091 5 es Bottles Bottles - Low January List Discount Price of Applicable Calendar Year Consumabl Burets Burets - High 45.7% Based on C087 1 es Discount January List Price of Applicable Calendar Year Consumabl Burets Burets - Medium 48.3% Based on C087 2 es High Discount January List Price of Applicable Calendar Year Consumabl Burets Burets - Medium 67.2% Based on C087 3 es Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page b18 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Burets Burets - Medium 46.9% Based on C087 4 es Low Discount January List Price of Applicable Calendar Year Consumabl Burets Burets - Low 43.1% Based on C087 5 es Discount January List Price of Applicable Calendar Year Consumabl Carboys and Carboys and 44.2% Based on C061 2 es Jerricans Jerricans - Medium January List High Discount Price of Applicable Calendar Year Consumabl Carboys and Carboys and 61.2% Based on C061 3 es Jerricans Jerricans - Medium January List Discount Price of Applicable Calendar Year Consumabl Carboys and Carboys and 43.4% Based on C061 4 es Jerricans Jerricans - Medium January List Low Discount Price of Applicable Calendar Year Consumabl Carboys and Carboys and 32.9% Based on C061 5 es Jerricans Jerricans - Low January List Discount Price of Applicable Calendar Year Consumabl Cell Culture Dishes Cell Culture Dishes - 43.6% Based on C038 4 es Medium Low January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page F9 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Cell Culture Flasks Cell Culture Flasks - 36.8% Based on C009 1 es High Discount January List Price of Applicable Calendar Year Consumabl Cell Culture Flasks Cell Culture Flasks - 44.3% Based on C009 2 es Medium High January List Discount Price of Applicable Calendar Year Consumabl Cell Culture Flasks Cell Culture Flasks - 41.0% Based on C009 3 es Medium Discount January List Price of Applicable Calendar Year Consumabl Cell Culture Flasks Cell Culture Flasks - 23.2% Based on C009 4 es Medium Low January List Discount Price of Applicable Calendar Year Consumabl Cell Culture Flasks Cell Culture Flasks - 37.0% Based on C009 5 es Low Discount January List Price of Applicable Calendar Year Consumabl Cell Culture Cell Culture 32.7% Based on CO24 1 es Microplates Microplates - High January List Discount Price of Applicable Calendar Year Consumabl Cell Culture Cell Culture 43.0% Based on CO24 2 es Microplates Microplates - January List Medium High Price of Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 'Ib0 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Cell Culture Cell Culture 22.4% Based on CO24 3 es Microplates Microplates - January List Medium Discount Price of Applicable Calendar Year Consumabl Cell Culture Cell Culture 44.1% Based on CO24 4 es Microplates Microplates - January List Medium Low Price of Discount Applicable Calendar Year Consumabl Cell Culture Cell Culture 31.2% Based on CO24 5 es Microplates Microplates - Low January List Discount Price of Applicable Calendar Year Consumabl Cell Culture Tubes Cell Culture Tubes - 61.4% Based on C037 2 es Medium High January List Discount Price of Applicable Calendar Year Consumabl Cell Culture Tubes Cell Culture Tubes - 49.1% Based on C037 3 es Medium Discount January List Price of Applicable Calendar Year Consumabl Cell Culture Tubes Cell Culture Tubes - 63.6% Based on C037 4 es Medium Low January List Discount Price of Applicable Calendar Year Consumabl Cell Culture Tubes Cell Culture Tubes - 44.2% Based on C037 5 es Low Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page '1101 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Cellware [Specialty] Cellware [Specialty] 30.2% Based on C040 1 es - High Discount January List Price of Applicable Calendar Year Consumabl Cellware [Specialty] Cellware [Specialty] 39.1% Based on C040 2 es - Medium High January List Discount Price of Applicable Calendar Year Consumabl Cellware [Specialty] Cellware [Specialty] 25.9% Based on C040 3 es - Medium Discount January List Price of Applicable Calendar Year Consumabl Cellware [Specialty] Cellware [Specialty] 23.3% Based on C040 4 es - Medium Low January List Discount Price of Applicable Calendar Year Consumabl Cellware [Specialty] Cellware [Specialty] 18.9% Based on C040 5 es - Low Discount January List Price of Applicable Calendar Year Consumabl Chromatography Chromatography 26.8% Based on C032 1 es Columns Columns - High January List Discount Price of Applicable Calendar Year Consumabl Chromatography Chromatography 23.0% Based on C032 2 es Columns Columns - Medium January List High Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page )b2 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Chromatography Chromatography 15.4% Based on C032 3 es Columns Columns - Medium January List Discount Price of Applicable Calendar Year Consumabl Chromatography Chromatography 22.5% Based on C032 4 es Columns Columns - Medium January List Low Discount Price of Applicable Calendar Year Consumabl Chromatography Chromatography 16.3% Based on C032 5 es Columns Columns - Low January List Discount Price of Applicable Calendar Year Consumabl Chromatography Chromatography 31.4% Based on C039 1 es Columns and Columns and January List Supplies Supplies - High Price of Discount Applicable Calendar Year Consumabl Chromatography Chromatography 32.6% Based on C039 2 es Columns and Columns and January List Supplies Supplies - Medium Price of High Discount Applicable Calendar Year Consumabl Chromatography Chromatography 17.6% Based on C039 3 es Columns and Columns and January List Supplies Supplies - Medium Price of Discount Applicable Calendar Year Consumabl Chromatography Chromatography 20.8% Based on C039 4 es Columns and Columns and January List Supplies Supplies - Medium Price of Low Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page )%3 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Chromatography Chromatography 17.5% Based on C039 5 es Columns and Columns and January List Supplies Supplies - Low Price of Discount Applicable Calendar Year Consumabl Cleaning Products Cleaning Products - 44.4% Based on CO26 1 es High Discount January List Price of Applicable Calendar Year Consumabl Cleaning Products Cleaning Products - 48.1% Based on CO26 2 es Medium High January List Discount Price of Applicable Calendar Year Consumabl Cleaning Products Cleaning Products - 34.3% Based on CO26 3 es Medium Discount January List Price of Applicable Calendar Year Consumabl Cleaning Products Cleaning Products - 29.6% Based on CO26 4 es Medium Low January List Discount Price of Applicable Calendar Year Consumabl Cleaning Products Cleaning Products - 30.3% Based on CO26 5 es Low Discount January List Price of Applicable Calendar Year Consumabl Consumables - All Consumables - All 49.6% Based on C001 1 es Other Other - High January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page Y04 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Consumables - All Consumables - All 54.4% Based on C001 2 es Other Other - Medium January List High Discount Price of Applicable Calendar Year Consumabl Consumables - All Consumables - All 30.0% Based on C001 3 es Other Other - Medium January List Discount Price of Applicable Calendar Year Consumabl Consumables - All Consumables - All 38.3% Based on C001 4 es Other Other - Medium Low January List Discount Price of Applicable Calendar Year Consumabl Consumables - All Consumables - All 25.0% Based on C001 5 es Other Other - Low January List Discount Price of Applicable Calendar Year Consumabl Consumables - Consumables - 32.9% Based on C900 1 es Education Education - High January List Discount Price of Applicable Calendar Year Consumabl Consumables - Consumables - 29.1% Based on C900 2 es Education Education - Medium January List High Discount Price of Applicable Calendar Year Consumabl Consumables - Consumables - 30.3% Based on C900 3 es Education Education - Medium January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page )b5 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Consumables - Consumables - 25.9% Based on C900 4 es Education Education - Medium January List Low Discount Price of Applicable Calendar Year Consumabl Consumables - Consumables - 27.7% Based on C900 5 es Education Education - Low January List Discount Price of Applicable Calendar Year Consumabl Controlled Controlled 39.1% Based on C016 2 es Environments — Environments — January List Apparel (Safety) Apparel (Safety) - Price of Medium High Applicable Discount Calendar Year Consumabl Controlled Controlled 78.0% Based on C016 3 es Environments — Environments — January List Apparel (Safety) Apparel (Safety) - Price of Medium Discount Applicable Calendar Year Consumabl Controlled Controlled 33.9% Based on C016 4 es Environments — Environments — January List Apparel (Safety) Apparel (Safety) - Price of Medium Low Applicable Discount Calendar Year Consumabl Controlled Controlled 58.9% Based on C016 5 es Environments — Environments — January List Apparel (Safety) Apparel (Safety) - Price of Low Discount Applicable Calendar Year Consumabl Controlled Controlled 37.0% Based on CO21 1 es Environments — Environments — January List Gloves (Safety) Gloves (Safety) - Price of High Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page h6 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Controlled Controlled 35.7% Based on CO21 3 es Environments — Environments — January List Gloves (Safety) Gloves (Safety) - Price of Medium Discount Applicable Calendar Year Consumabl Controlled Controlled 37.3% Based on CO21 4 es Environments — Environments — January List Gloves (Safety) Gloves (Safety) - Price of Medium Low Applicable Discount Calendar Year Consumabl Controlled Controlled 40.4% Based on CO21 5 es Environments — Environments — January List Gloves (Safety) Gloves (Safety) - Price of Low Discount Applicable Calendar Year Consumabl Controlled Controlled 28.0% Based on C049 1 es Environments — Environments — January List Housekeeping, Housekeeping, Price of Matting, Packaging, Matting, Packaging, Applicable Stationary & Tape Stationary & Tape Calendar Year (Safety) (Safety) - High Discount Consumabl Controlled Controlled 39.8% Based on C049 2 es Environments — Environments — January List Housekeeping, Housekeeping, Price of Matting, Packaging, Matting, Packaging, Applicable Stationary & Tape Stationary & Tape Calendar Year (Safety) (Safety) - Medium High Discount Consumabl Controlled Controlled 26.9% Based on C049 3 es Environments — Environments — January List Housekeeping, Housekeeping, Price of Matting, Packaging, Matting, Packaging, Applicable Stationary & Tape Stationary & Tape Calendar Year (Safety) (Safety) - Medium Discount Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page ffi7 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Controlled Controlled 29.1% Based on C049 4 es Environments — Environments — January List Housekeeping, Housekeeping, Price of Matting, Packaging, Matting, Packaging, Applicable Stationary & Tape Stationary & Tape Calendar Year (Safety) (Safety) - Medium Low Discount Consumabl Controlled Controlled 36.2% Based on C049 5 es Environments — Environments — January List Housekeeping, Housekeeping, Price of Matting, Packaging, Matting, Packaging, Applicable Stationary & Tape Stationary & Tape Calendar Year (Safety) (Safety) - Low Discount Consumabl Controlled Controlled 35.3% Based on C018 3 es Environments — Environments — January List Wipers & Swabs Wipers & Swabs Price of (Safety) (Safety) - Medium Applicable Discount Calendar Year Consumabl Controlled Controlled 38.0% Based on C018 4 es Environments — Environments — January List Wipers & Swabs Wipers & Swabs Price of (Safety) (Safety) - Medium Applicable Low Discount Calendar Year Consumabl Controlled Controlled 31.7% Based on C018 5 es Environments — Environments — January List Wipers & Swabs Wipers & Swabs Price of (Safety) (Safety) - Low Applicable Discount Calendar Year Consumabl Coverslips Coverslips - Medium 65.3% Based on C065 2 es High Discount January List Price of Applicable Calendar Year Consumabl Coverslips Coverslips - Medium 50.1% Based on C065 3 es Discount January List Price of Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page X1108 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Applicable Calendar Year Consumabl Coverslips Coverslips - Medium 60.5% Based on C065 4 es Low Discount January List Price of Applicable Calendar Year Consumabl Coverslips Coverslips - Low 43.9% Based on C065 5 es Discount January List Price of Applicable Calendar Year Consumabl Crucibles Crucibles - Medium 37.5% Based on C090 4 es Low Discount January List Price of Applicable Calendar Year Consumabl Crucibles Crucibles - Low 39.5% Based on C090 5 es Discount January List Price of Applicable Calendar Year Consumabl Cuvets and Cells Cuvets and Cells - 48.0% Based on C075 2 es Medium High January List Discount Price of Applicable Calendar Year Consumabl Cuvets and Cells Cuvets and Cells - 39.0% Based on C075 3 es Medium Discount January List Price of Applicable Calendar Year Consumabl Cuvets and Cells Cuvets and Cells - 30.5% Based on C075 4 es Medium Low January List Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page '1�09 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Consumabl Cuvets and Cells Cuvets and Cells - 9.7% Based on C075 5 es Low Discount January List Price of Applicable Calendar Year Consumabl Cylinders Cylinders 40.2% Based on C068 1 es [Laboratory] [Laboratory] - High January List Discount Price of Applicable Calendar Year Consumabl Cylinders Cylinders 38.8% Based on C068 2 es [Laboratory] [Laboratory] - January List Medium High Price of Discount Applicable Calendar Year Consumabl Cylinders Cylinders 42.4% Based on C068 3 es [Laboratory] [Laboratory] - January List Medium Discount Price of Applicable Calendar Year Consumabl Cylinders Cylinders 45.7% Based on C068 4 es [Laboratory] [Laboratory] - January List Medium Low Price of Discount Applicable Calendar Year Consumabl Cylinders Cylinders 43.4% Based on C068 5 es [Laboratory] [Laboratory] - Low January List Discount Price of Applicable Calendar Year Consumabl Dishes - Other Dishes - Other - 64.1% Based on C058 1 es High Discount January List Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page Y10 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Consumabl Dishes - Other Dishes - Other - 68.1% Based on C058 2 es Medium High January List Discount Price of Applicable Calendar Year Consumabl Dishes - Other Dishes - Other - 60.8% Based on C058 3 es Medium Discount January List Price of Applicable Calendar Year Consumabl Dishes - Other Dishes - Other - 44.7% Based on C058 4 es Medium Low January List Discount Price of Applicable Calendar Year Consumabl Dishes - Other Dishes - Other - Low 31.2% Based on C058 5 es Discount January List Price of Applicable Calendar Year Consumabl Dishes - Petri Dishes - Petri 37.4% Based on CO29 1 es Dishes Dishes - High January List Discount Price of Applicable Calendar Year Consumabl Dishes - Petri Dishes - Petri 51.2% Based on CO29 2 es Dishes Dishes - Medium January List High Discount Price of Applicable Calendar Year Consumabl Dishes - Petri Dishes - Petri 47.8% Based on CO29 3 es Dishes Dishes - Medium January List Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page T11 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Consumabl Dishes - Petri Dishes - Petri 23.5% Based on CO29 4 es Dishes Dishes - Medium January List Low Discount Price of Applicable Calendar Year Consumabl Dishes - Petri Dishes - Petri 28.5% Based on CO29 5 es Dishes Dishes - Low January List Discount Price of Applicable Calendar Year Consumabl Embedding Embedding 32.6% Based on C078 1 es Cassettes Cassettes - High January List Discount Price of Applicable Calendar Year Consumabl Embedding Embedding 45.3% Based on C078 2 es Cassettes Cassettes - Medium January List High Discount Price of Applicable Calendar Year Consumabl Embedding Embedding 41.4% Based on C078 3 es Cassettes Cassettes - Medium January List Discount Price of Applicable Calendar Year Consumabl Embedding Embedding 32.7% Based on C078 4 es Cassettes Cassettes - Medium January List Low Discount Price of Applicable Calendar Year Consumabl Embedding Embedding 22.0% Based on C078 5 es Cassettes Cassettes - Low January List Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page T12 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Consumabl Facility Safety - Facility Safety - First 27.4% Based on C059 1 es First Aid, Aid, Identification & January List Identification & Communication, Price of Communication, Spill Control & Applicable Spill Control & Containment Calendar Year Containment (Safety) - High (Safety) Discount Consumabl Facility Safety - Facility Safety - First 37.1% Based on C059 2 es First Aid, Aid, Identification & January List Identification & Communication, Price of Communication, Spill Control & Applicable Spill Control & Containment Calendar Year Containment (Safety) - Medium (Safety) High Discount Consumabl Facility Safety - Facility Safety - First 37.3% Based on C059 3 es First Aid, Aid, Identification & January List Identification & Communication, Price of Communication, Spill Control & Applicable Spill Control & Containment Calendar Year Containment (Safety) - Medium (Safety) Discount Consumabl Facility Safety - Facility Safety - First 34.7% Based on C059 4 es First Aid, Aid, Identification & January List Identification & Communication, Price of Communication, Spill Control & Applicable Spill Control & Containment Calendar Year Containment (Safety) - Medium (Safety) Low Discount Consumabl Facility Safety - Facility Safety - First 23.7% Based on C059 5 es First Aid, Aid, Identification & January List Identification & Communication, Price of Communication, Spill Control & Applicable Spill Control & Containment Calendar Year Containment (Safety) - Low (Safety) Discount Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 913 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Facility Safety - Facility Safety - 56.2% Based on C008 1 es Maintenance & Maintenance & January List Operations - Operations - Price of Consumables(Safet Consumables(Safet Applicable Y) y) - High Discount Calendar Year Consumabl Facility Safety - Facility Safety - 50.2% Based on C008 2 es Maintenance & Maintenance & January List Operations - Operations - Price of Consumables(Safet Consumables(Safet Applicable Y) y) - Medium High Calendar Year Discount Consumabl Facility Safety - Facility Safety - 48.0% Based on C008 3 es Maintenance & Maintenance & January List Operations - Operations - Price of Consumables(Safet Consumables(Safet Applicable Y) y) - Medium Calendar Year Discount Consumabl Facility Safety - Facility Safety - 40.6% Based on C008 4 es Maintenance & Maintenance & January List Operations - Operations - Price of Consumables(Safet Consumables(Safet Applicable Y) y) - Medium Low Calendar Year Discount Consumabl Facility Safety - Facility Safety - 38.2% Based on C008 5 es Maintenance & Maintenance & January List Operations - Operations - Price of Consumables(Safet Consumables(Safet Applicable Y) y) - Low Discount Calendar Year Consumabl Film and Foil Film and Foil 55.9% Based on C082 3 es Wrapping Wrapping - Medium January List Discount Price of Applicable Calendar Year Consumabl Film and Foil Film and Foil 32.5% Based on C082 4 es Wrapping Wrapping - Medium January List Low Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page T14 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Consumabl Film and Foil Film and Foil 15.8% Based on C082 5 es Wrapping Wrapping - Low January List Discount Price of Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 36.9% Based on C019 1 es Bottletop Filters Bottletop Filters - January List High Discount Price of Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 38.2% Based on C019 2 es Bottletop Filters Bottletop Filters - January List Medium High Price of Discount Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 34.4% Based on C019 3 es Bottletop Filters Bottletop Filters - January List Medium Discount Price of Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 14.8% Based on C019 4 es Bottletop Filters Bottletop Filters - January List Medium Low Price of Discount Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 5.4% Based on C019 5 es Bottletop Filters Bottletop Filters - January List Low Discount Price of Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 23.4% Based on CO22 1 es Centrifugal Filter Centrifugal Filter January List Devices Devices - High Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page T15 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Discount Calendar Year Consumabl Filtration Products - Filtration Products - 29.7% Based on CO22 2 es Centrifugal Filter Centrifugal Filter January List Devices Devices - Medium Price of High Discount Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 33.4% Based on CO22 3 es Centrifugal Filter Centrifugal Filter January List Devices Devices - Medium Price of Discount Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 34.2% Based on CO22 4 es Centrifugal Filter Centrifugal Filter January List Devices Devices - Medium Price of Low Discount Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 7.4% Based on CO22 5 es Centrifugal Filter Centrifugal Filter January List Devices Devices - Low Price of Discount Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 39.0% Based on C054 1 es Filter Units Filter Units - High January List Discount Price of Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 15.0% Based on C054 2 es Filter Units Filter Units - Medium January List High Discount Price of Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 32.2% Based on C054 3 es Filter Units Filter Units - Medium January List Discount Price of Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page T16 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 28.1% Based on C054 4 es Filter Units Filter Units - Medium January List Low Discount Price of Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 37.3% Based on C054 5 es Filter Units Filter Units - Low January List Discount Price of Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 40.9% Based on C003 1 es Other Filtration Other Filtration January List Products Products - High Price of Discount Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 36.0% Based on C003 2 es Other Filtration Other Filtration January List Products Products - Medium Price of High Discount Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 27.6% Based on C003 3 es Other Filtration Other Filtration January List Products Products - Medium Price of Discount Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 13.0% Based on C003 4 es Other Filtration Other Filtration January List Products Products - Medium Price of Low Discount Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 33.4% Based on C003 5 es Other Filtration Other Filtration January List Products Products - Low Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page X1°17 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Discount Calendar Year Consumabl Filtration Products - Filtration Products - 43.9% Based on CO20 1 es Syringe and Syringe and January List Syringeless Filters Syringeless Filters Price of [Nonsterile] [Nonsterile] - High Applicable Discount Calendar Year Consumabl Filtration Products - Filtration Products - 20.9% Based on CO20 2 es Syringe and Syringe and January List Syringeless Filters Syringeless Filters Price of [Nonsterile] [Nonsterile] - Applicable Medium High Calendar Year Discount Consumabl Filtration Products - Filtration Products - 24.7% Based on CO20 3 es Syringe and Syringe and January List Syringeless Filters Syringeless Filters Price of [Nonsterile] [Nonsterile] - Applicable Medium Discount Calendar Year Consumabl Filtration Products - Filtration Products - 26.8% Based on CO20 4 es Syringe and Syringe and January List Syringeless Filters Syringeless Filters Price of [Nonsterile] [Nonsterile] - Applicable Medium Low Calendar Year Discount Consumabl Filtration Products - Filtration Products - 57.2% Based on CO20 5 es Syringe and Syringe and January List Syringeless Filters Syringeless Filters Price of [Nonsterile] [Nonsterile] - Low Applicable Discount Calendar Year Consumabl Fire Fighting & Fire Fighting & 25.6% Based on C085 4 es Emergency Emergency January List Response — PPE Response — PPE Price of (Safety) (Safety) - Medium Applicable Low Discount Calendar Year Consumabl Flasks - Other Flasks - Other - 37.5% Based on C053 2 Medium High January List Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 1118 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes es Discount Price of Applicable Calendar Year Consumabl Flasks - Other Flasks - Other - 40.1% Based on C053 3 es Medium Discount January List Price of Applicable Calendar Year Consumabl Flasks - Other Flasks - Other - 33.1% Based on C053 4 es Medium Low January List Discount Price of Applicable Calendar Year Consumabl Flasks - Other Flasks - Other - Low 46.9% Based on C053 5 es Discount January List Price of Applicable Calendar Year Consumabl Flasks - Volumetric Flasks - Volumetric - 43.9% Based on C056 1 es High Discount January List Price of Applicable Calendar Year Consumabl Flasks - Volumetric Flasks - Volumetric - 45.2% Based on C056 2 es Medium High January List Discount Price of Applicable Calendar Year Consumabl Flasks - Volumetric Flasks - Volumetric - 35.1% Based on C056 3 es Medium Discount January List Price of Applicable Calendar Year Consumabl Flasks - Volumetric Flasks - Volumetric - 42.8% Based on C056 4 es Medium Low January List Price of Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 1219 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Discount Applicable Calendar Year Consumabl Flasks - Volumetric Flasks - Volumetric - 48.2% Based on C056 5 es Low Discount January List Price of Applicable Calendar Year Consumabl Funnels Funnels - Medium 59.0% Based on C073 2 es High Discount January List Price of Applicable Calendar Year Consumabl Funnels Funnels - Medium 43.2% Based on C073 3 es Discount January List Price of Applicable Calendar Year Consumabl Funnels Funnels - Medium 30.4% Based on C073 4 es Low Discount January List Price of Applicable Calendar Year Consumabl Funnels Funnels - Low 57.0% Based on C073 5 es Discount January List Price of Applicable Calendar Year Consumabl Knives and Knife Knives and Knife 67.8% Based on C080 1 es Blades Blades - High January List Discount Price of Applicable Calendar Year Consumabl Knives and Knife Knives and Knife 33.3% Based on C080 2 es Blades Blades - Medium January List High Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page '1320 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Consumabl Knives and Knife Knives and Knife 36.6% Based on C080 3 es Blades Blades - Medium January List Discount Price of Applicable Calendar Year Consumabl Knives and Knife Knives and Knife 29.2% Based on C080 4 es Blades Blades - Medium January List Low Discount Price of Applicable Calendar Year Consumabl Knives and Knife Knives and Knife 22.7% Based on C080 5 es Blades Blades - Low January List Discount Price of Applicable Calendar Year Consumabl Membranes For Membranes For 36.8% Based on C069 1 es Hybridization and Hybridization and January List Transfer Transfer - High Price of Discount Applicable Calendar Year Consumabl Membranes For Membranes For 36.7% Based on C069 2 es Hybridization and Hybridization and January List Transfer Transfer - Medium Price of High Discount Applicable Calendar Year Consumabl Membranes For Membranes For 17.3% Based on C069 3 es Hybridization and Hybridization and January List Transfer Transfer - Medium Price of Discount Applicable Calendar Year Consumabl Membranes For Membranes For 16.4% Based on C069 4 es Hybridization and Hybridization and January List Transfer Transfer - Medium Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page'1121 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Low Discount Calendar Year Consumabl Membranes For Membranes For 32.0% Based on C069 5 es Hybridization and Hybridization and January List Transfer Transfer - Low Price of Discount Applicable Calendar Year Consumabl Microplate Covers Microplate Covers - 36.3% Based on C055 1 es High Discount January List Price of Applicable Calendar Year Consumabl Microplate Covers Microplate Covers - 39.3% Based on C055 2 es Medium High January List Discount Price of Applicable Calendar Year Consumabl Microplate Covers Microplate Covers - 23.5% Based on C055 3 es Medium Discount January List Price of Applicable Calendar Year Consumabl Microplate Covers Microplate Covers - 27.4% Based on C055 4 es Medium Low January List Discount Price of Applicable Calendar Year Consumabl Microplate Covers Microplate Covers - 32.9% Based on C055 5 es Low Discount January List Price of Applicable Calendar Year Consumabl Microplates - Assay Microplates - Assay 28.9% Based on CO28 1 es Microplates Microplates - High January List Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page '?AL2 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Consumabl Microplates - Assay Microplates - Assay 36.4% Based on CO28 2 es Microplates Microplates - January List Medium High Price of Discount Applicable Calendar Year Consumabl Microplates - Assay Microplates - Assay 35.6% Based on CO28 3 es Microplates Microplates - January List Medium Discount Price of Applicable Calendar Year Consumabl Microplates - Assay Microplates - Assay 31.2% Based on CO28 4 es Microplates Microplates - January List Medium Low Price of Discount Applicable Calendar Year Consumabl Microplates - Assay Microplates - Assay 36.6% Based on CO28 5 es Microplates Microplates - Low January List Discount Price of Applicable Calendar Year Consumabl Microplates - Other Microplates - Other - 23.3% Based on C015 1 es High Discount January List Price of Applicable Calendar Year Consumabl Microplates - Other Microplates - Other - 34.7% Based on C015 2 es Medium High January List Discount Price of Applicable Calendar Year Consumabl Microplates - Other Microplates - Other - 30.4% Based on C015 3 es Medium Discount January List Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 'h3 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Consumabl Microplates - Other Microplates - Other - 11.3% Based on C015 4 es Medium Low January List Discount Price of Applicable Calendar Year Consumabl Microplates - Other Microplates - Other - 59.5% Based on C015 5 es Low Discount January List Price of Applicable Calendar Year Consumabl Microscope Slides Microscope Slides - 43.8% Based on C007 3 es Medium Discount January List Price of Applicable Calendar Year Consumabl Microscope Slides Microscope Slides - 24.3% Based on C007 4 es Medium Low January List Discount Price of Applicable Calendar Year Consumabl Microscope Slides Microscope Slides - 52.7% Based on C007 5 es Low Discount January List Price of Applicable Calendar Year Consumabl Pipets - Other Pipets - Other - High 47.8% Based on C043 1 es Discount January List Price of Applicable Calendar Year Consumabl Pipets - Other Pipets - Other - 43.5% Based on C043 2 es Medium High January List Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page Y24 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Consumabl Pipets - Other Pipets - Other - 34.3% Based on C043 3 es Medium Discount January List Price of Applicable Calendar Year Consumabl Pipets - Other Pipets - Other - 32.0% Based on C043 4 es Medium Low January List Discount Price of Applicable Calendar Year Consumabl Pipets - Other Pipets - Other - Low 58.0% Based on C043 5 es Discount January List Price of Applicable Calendar Year Consumabl Pipets - Serological Pipets - Serological 65.0% Based on C005 1 es Pipets Pipets - High January List Discount Price of Applicable Calendar Year Consumabl Pipets - Serological Pipets - Serological 42.5% Based on C005 2 es Pipets Pipets - Medium January List High Discount Price of Applicable Calendar Year Consumabl Pipets - Serological Pipets - Serological 35.0% Based on C005 3 es Pipets Pipets - Medium January List Discount Price of Applicable Calendar Year Consumabl Pipets - Serological Pipets - Serological 44.0% Based on C005 4 es Pipets Pipets - Medium January List Low Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 'h5 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Consumabl Pipets - Serological Pipets - Serological 66.1% Based on C005 5 es Pipets Pipets - Low January List Discount Price of Applicable Calendar Year Consumabl Pipets - Transfer Pipets - Transfer 66.6% Based on C034 2 es Pipets Pipets - Medium January List High Discount Price of Applicable Calendar Year Consumabl Pipets - Transfer Pipets - Transfer 66.1% Based on C034 3 es Pipets Pipets - Medium January List Discount Price of Applicable Calendar Year Consumabl Pipets - Transfer Pipets - Transfer 57.6% Based on C034 4 es Pipets Pipets - Medium January List Low Discount Price of Applicable Calendar Year Consumabl Pipets - Transfer Pipets - Transfer 43.9% Based on C034 5 es Pipets Pipets - Low January List Discount Price of Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 41.9% Based on CO25 2 es Filtering Pipetter Filtering Pipetter January List Tips Tips - Medium High Price of Discount Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 37.8% Based on CO25 3 es Filtering Pipetter Filtering Pipetter January List Tips Tips - Medium Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page '1226 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Discount Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 5.1% Based on CO25 4 es Filtering Pipetter Filtering Pipetter January List Tips Tips - Medium Low Price of Discount Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 45.3% Based on CO25 5 es Filtering Pipetter Filtering Pipetter January List Tips Tips - Low Discount Price of Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - Other 29.7% Based on C083 1 es Other - High Discount January List Price of Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - Other 35.9% Based on C083 2 es Other - Medium High January List Discount Price of Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - Other 35.0% Based on C083 3 es Other - Medium Discount January List Price of Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - Other 30.0% Based on C083 4 es Other - Medium Low January List Discount Price of Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - Other 35.2% Based on C083 5 es Other - Low Discount January List Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 'P27 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 27.7% Based on CO23 1 es Pipetter Specific Pipetter Specific January List Tips Tips - High Discount Price of Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 34.5% Based on CO23 2 es Pipetter Specific Pipetter Specific January List Tips Tips - Medium High Price of Discount Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 25.0% Based on CO23 3 es Pipetter Specific Pipetter Specific January List Tips Tips - Medium Price of Discount Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 6.0% Based on CO23 4 es Pipetter Specific Pipetter Specific January List Tips Tips - Medium Low Price of Discount Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 33.9% Based on CO23 5 es Pipetter Specific Pipetter Specific January List Tips Tips - Low Discount Price of Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 33.1% Based on C092 1 es Repeater Pipetter Repeater Pipetter January List Tips Tips - High Discount Price of Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 31.2% Based on C092 3 es Repeater Pipetter Repeater Pipetter January List Tips Tips - Medium Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page X1128 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Discount Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 22.7% Based on C092 5 es Repeater Pipetter Repeater Pipetter January List Tips Tips - Low Discount Price of Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 27.0% Based on C081 1 es Robotic Pipetter Robotic Pipetter January List Tips Tips - High Discount Price of Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 36.5% Based on C081 3 es Robotic Pipetter Robotic Pipetter January List Tips Tips - Medium Price of Discount Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 11.7% Based on C081 4 es Robotic Pipetter Robotic Pipetter January List Tips Tips - Medium Low Price of Discount Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 45.0% Based on C011 1 es Universal Pipetter Universal Pipetter January List Tips Tips - High Discount Price of Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 35.2% Based on C011 2 es Universal Pipetter Universal Pipetter January List Tips Tips - Medium High Price of Discount Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 37.0% Based on C011 3 es Universal Pipetter Universal Pipetter January List Tips Tips - Medium Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page Y29 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Discount Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 26.1% Based on C011 4 es Universal Pipetter Universal Pipetter January List Tips Tips - Medium Low Price of Discount Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 47.1% Based on C011 5 es Universal Pipetter Universal Pipetter January List Tips Tips - Low Discount Price of Applicable Calendar Year Consumabl PPE — Apparel PPE — Apparel 59.8% Based on C012 1 es (Safety) (Safety) - High January List Discount Price of Applicable Calendar Year Consumabl PPE — Apparel PPE — Apparel 52.6% Based on C012 2 es (Safety) (Safety) - Medium January List High Discount Price of Applicable Calendar Year Consumabl PPE — Apparel PPE — Apparel 42.1% Based on C012 3 es (Safety) (Safety) - Medium January List Discount Price of Applicable Calendar Year Consumabl PPE — Apparel PPE — Apparel 25.7% Based on C012 4 es (Safety) (Safety) - Medium January List Low Discount Price of Applicable Calendar Year Consumabl PPE — Apparel PPE — Apparel 40.8% Based on C012 5 es (Safety) (Safety) - Low January List Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page b0 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Consumabl PPE — Eye, Face, PPE — Eye, Face, 37.0% Based on C052 1 es and Hearing and Hearing (Safety) January List (Safety) - High Discount Price of Applicable Calendar Year Consumabl PPE — Eye, Face, PPE — Eye, Face, 39.6% Based on C052 2 es and Hearing and Hearing (Safety) January List (Safety) - Medium High Price of Discount Applicable Calendar Year Consumabl PPE — Eye, Face, PPE — Eye, Face, 42.9% Based on C052 3 es and Hearing and Hearing (Safety) January List (Safety) - Medium Discount Price of Applicable Calendar Year Consumabl PPE — Eye, Face, PPE — Eye, Face, 36.0% Based on C052 4 es and Hearing and Hearing (Safety) January List (Safety) - Medium Low Price of Discount Applicable Calendar Year Consumabl PPE — Eye, Face, PPE — Eye, Face, 36.3% Based on C052 5 es and Hearing and Hearing (Safety) January List (Safety) - Low Discount Price of Applicable Calendar Year Consumabl PPE — Hand PPE — Hand 31.8% Based on C077 4 es Protection — Protection — January List Chemical Resistant Chemical Resistant Price of Gloves (Safety) Gloves (Safety) - Applicable Medium Low Calendar Year Discount Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page )31 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl PPE — Hand PPE — Hand 50.0% Based on C077 5 es Protection — Protection — January List Chemical Resistant Chemical Resistant Price of Gloves (Safety) Gloves (Safety) - Applicable Low Discount Calendar Year Consumabl PPE — Hand PPE — Hand 66.3% Based on C002 2 es Protection — Thin- Protection — Thin- January List Wall Gloves Wall Gloves (Safety) Price of (Safety) - Medium High Applicable Discount Calendar Year Consumabl PPE — Hand PPE — Hand 44.0% Based on C002 3 es Protection — Thin- Protection — Thin- January List Wall Gloves Wall Gloves (Safety) Price of (Safety) - Medium Discount Applicable Calendar Year Consumabl PPE — Hand PPE — Hand 45.0% Based on C002 4 es Protection — Thin- Protection — Thin- January List Wall Gloves Wall Gloves (Safety) Price of (Safety) - Medium Low Applicable Discount Calendar Year Consumabl PPE — Hand PPE — Hand 38.4% Based on C002 5 es Protection — Thin- Protection — Thin- January List Wall Gloves Wall Gloves (Safety) Price of (Safety) - Low Discount Applicable Calendar Year Consumabl PPE — Hand PPE — Hand 35.8% Based on C063 2 es Protection — Work & Protection — Work & January List Specialty Gloves Specialty Gloves Price of (Safety) (Safety) - Medium Applicable High Discount Calendar Year Consumabl PPE — Hand PPE — Hand 38.7% Based on C063 3 es Protection — Work & Protection — Work & January List Specialty Gloves Specialty Gloves Price of (Safety) (Safety) - Medium Applicable Discount Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page )32 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl PPE — Hand PPE — Hand 38.2% Based on C063 4 es Protection — Work & Protection — Work & January List Specialty Gloves Specialty Gloves Price of (Safety) (Safety) - Medium Applicable Low Discount Calendar Year Consumabl PPE — Hand PPE — Hand 40.7% Based on C063 5 es Protection — Work & Protection — Work & January List Specialty Gloves Specialty Gloves Price of (Safety) (Safety) - Low Applicable Discount Calendar Year Consumabl PPE — Head PPE — Head 41.3% Based on C093 3 es Protection (Safety) Protection (Safety) - January List Medium Discount Price of Applicable Calendar Year Consumabl PPE — Head PPE — Head 40.1% Based on C093 4 es Protection (Safety) Protection (Safety) - January List Medium Low Price of Discount Applicable Calendar Year Consumabl Reservoirs and Reservoirs and 47.3% Based on C064 2 es Reservoir Liners Reservoir Liners - January List Medium High Price of Discount Applicable Calendar Year Consumabl Reservoirs and Reservoirs and 28.0% Based on C064 3 es Reservoir Liners Reservoir Liners - January List Medium Discount Price of Applicable Calendar Year Consumabl Reservoirs and Reservoirs and 20.1% Based on C064 4 es Reservoir Liners Reservoir Liners - January List Medium Low Price of Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 'P33 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Reservoirs and Reservoirs and 33.1% Based on C064 5 es Reservoir Liners Reservoir Liners - January List Low Discount Price of Applicable Calendar Year Consumabl Samplers Samplers - High 36.8% Based on C088 1 es Discount January List Price of Applicable Calendar Year Consumabl Samplers Samplers - Medium 41.8% Based on C088 2 es High Discount January List Price of Applicable Calendar Year Consumabl Samplers Samplers - Medium 30.3% Based on C088 3 es Discount January List Price of Applicable Calendar Year Consumabl Samplers Samplers - Medium 32.1% Based on C088 4 es Low Discount January List Price of Applicable Calendar Year Consumabl Samplers Samplers - Low 50.2% Based on C088 5 es Discount January List Price of Applicable Calendar Year Consumabl Spatulas [General Spatulas [General 43.5% Based on C089 2 es Purpose] Purpose] - Medium January List High Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page Y34 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Spatulas [General Spatulas [General 49.1% Based on C089 3 es Purpose] Purpose] - Medium January List Discount Price of Applicable Calendar Year Consumabl Spatulas [General Spatulas [General 34.6% Based on C089 4 es Purpose] Purpose] - Medium January List Low Discount Price of Applicable Calendar Year Consumabl Spatulas [General Spatulas [General 43.9% Based on C089 5 es Purpose] Purpose] - Low January List Discount Price of Applicable Calendar Year Consumabl Specimen Specimen Collection 44.4% Based on C047 1 es Collection - Blood - Blood Specimen January List Specimen Collection - High Price of Collection Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 30.5% Based on C047 2 es Collection - Blood - Blood Specimen January List Specimen Collection - Medium Price of Collection High Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 29.2% Based on C047 3 es Collection - Blood - Blood Specimen January List Specimen Collection - Medium Price of Collection Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 27.5% Based on C047 4 es Collection - Blood - Blood Specimen January List Specimen Collection - Medium Price of Collection Low Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page '35 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Specimen Specimen Collection 36.5% Based on C047 5 es Collection - Blood - Blood Specimen January List Specimen Collection - Low Price of Collection Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 33.8% Based on C006 1 es Collection - - Evacuated Blood January List Evacuated Blood Tubes - High Price of Tubes Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 37.3% Based on C006 2 es Collection - - Evacuated Blood January List Evacuated Blood Tubes - Medium Price of Tubes High Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 36.5% Based on C006 3 es Collection - - Evacuated Blood January List Evacuated Blood Tubes - Medium Price of Tubes Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 31.2% Based on C006 4 es Collection - - Evacuated Blood January List Evacuated Blood Tubes - Medium Price of Tubes Low Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 24.3% Based on C042 1 es Collection - - Microbiology and January List Microbiology and Transport Systems - Price of Transport Systems High Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 40.7% Based on C042 2 es Collection - - Microbiology and January List Microbiology and Transport Systems - Price of Transport Systems Medium High Applicable Discount Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page b6 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Specimen Specimen Collection 16.4% Based on C042 3 es Collection - - Microbiology and January List Microbiology and Transport Systems - Price of Transport Systems Medium Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 28.5% Based on C042 4 es Collection - - Microbiology and January List Microbiology and Transport Systems - Price of Transport Systems Medium Low Applicable Discount Calendar Year Consumabl Specimen Specimen Collection 45.0% Based on C042 5 es Collection - - Microbiology and January List Microbiology and Transport Systems - Price of Transport Systems Low Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 46.1% Based on C067 1 es Collection - Other - Other - High January List Discount Price of Applicable Calendar Year Consumabl Specimen Specimen Collection 32.6% Based on C067 3 es Collection - Other - Other - Medium January List Discount Price of Applicable Calendar Year Consumabl Specimen Specimen Collection 29.0% Based on C067 4 es Collection - Other - Other - Medium January List Low Discount Price of Applicable Calendar Year Consumabl Specimen Specimen Collection 29.0% Based on C067 5 es Collection - Other - Other - Low January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page' 37 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Specimen Specimen Collection 37.3% Based on C060 3 es Collection - Tube - Tube Needles - January List Needles Medium Discount Price of Applicable Calendar Year Consumabl Specimen Specimen Collection 25.2% Based on C060 4 es Collection - Tube - Tube Needles - January List Needles Medium Low Price of Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 42.3% Based on C060 5 es Collection - Tube - Tube Needles - January List Needles Low Discount Price of Applicable Calendar Year Consumabl Specimen Specimen Collection 33.4% Based on C048 1 es Collection - Tubes - Tubes for Blood January List for Blood Collection Collection - High Price of Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 36.2% Based on C048 2 es Collection - Tubes - Tubes for Blood January List for Blood Collection Collection - Medium Price of High Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 32.9% Based on C048 3 es Collection - Tubes - Tubes for Blood January List for Blood Collection Collection - Medium Price of Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 32.9% Based on C048 4 es Collection - Tubes - Tubes for Blood January List for Blood Collection Collection - Medium Price of Low Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page X1138 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Specimen Specimen Collection 59.8% Based on C048 5 es Collection - Tubes - Tubes for Blood January List for Blood Collection Collection - Low Price of Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 64.1% Based on C045 1 es Collection - Urine - Urine Specimen January List Specimen Collection - High Price of Collection Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 41.1% Based on C045 2 es Collection - Urine - Urine Specimen January List Specimen Collection - Medium Price of Collection High Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 36.9% Based on C045 3 es Collection - Urine - Urine Specimen January List Specimen Collection - Medium Price of Collection Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 32.1% Based on C045 4 es Collection - Urine - Urine Specimen January List Specimen Collection - Medium Price of Collection Low Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 33.0% Based on CO27 2 es Collection - Winged - Winged Collection January List Collection Set Set - Medium High Price of Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 37.4% Based on CO27 3 es Collection - Winged - Winged Collection January List Collection Set Set - Medium Price of Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page Y39 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Specimen Specimen Collection 31.8% Based on CO27 4 es Collection - Winged - Winged Collection January List Collection Set Set - Medium Low Price of Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 47.4% Based on CO27 5 es Collection - Winged - Winged Collection January List Collection Set Set - Low Discount Price of Applicable Calendar Year Consumabl Specimen Specimen 53.2% Based on C017 1 es Containers Containers - High January List Discount Price of Applicable Calendar Year Consumabl Specimen Specimen 54.8% Based on C017 2 es Containers Containers - January List Medium High Price of Discount Applicable Calendar Year Consumabl Specimen Specimen 45.9% Based on C017 3 es Containers Containers - January List Medium Discount Price of Applicable Calendar Year Consumabl Specimen Specimen 26.7% Based on C017 4 es Containers Containers - January List Medium Low Price of Discount Applicable Calendar Year Consumabl Specimen Specimen 57.9% Based on C017 5 es Containers Containers - Low January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page Y40 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Stirring Bars and Stirring Bars and 60.4% Based on C084 3 es Rods Rods - Medium January List Discount Price of Applicable Calendar Year Consumabl Stirring Bars and Stirring Bars and 51.5% Based on C084 4 es Rods Rods - Medium Low January List Discount Price of Applicable Calendar Year Consumabl Stirring Bars and Stirring Bars and 44.2% Based on C084 5 es Rods Rods - Low Discount January List Price of Applicable Calendar Year Consumabl Stoppers Stoppers - High 44.2% Based on C086 1 es Discount January List Price of Applicable Calendar Year Consumabl Stoppers Stoppers - Medium 49.8% Based on C086 2 es High Discount January List Price of Applicable Calendar Year Consumabl Stoppers Stoppers - Medium 45.3% Based on C086 3 es Discount January List Price of Applicable Calendar Year Consumabl Stoppers Stoppers - Medium 30.8% Based on C086 4 es Low Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page V41 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Stoppers Stoppers - Low 31.8% Based on C086 5 es Discount January List Price of Applicable Calendar Year Consumabl Syringes - General Syringes - General 29.5% Based on C036 2 es Purpose Syringes Purpose Syringes - January List Medium High Price of Discount Applicable Calendar Year Consumabl Syringes - General Syringes - General 29.8% Based on C036 3 es Purpose Syringes Purpose Syringes - January List Medium Discount Price of Applicable Calendar Year Consumabl Syringes - General Syringes - General 29.6% Based on C036 4 es Purpose Syringes Purpose Syringes - January List Medium Low Price of Discount Applicable Calendar Year Consumabl Syringes - General Syringes - General 34.3% Based on C036 5 es Purpose Syringes Purpose Syringes - January List Low Discount Price of Applicable Calendar Year Consumabl Syringes - Other Syringes - Other - 35.0% Based on C050 1 es High Discount January List Price of Applicable Calendar Year Consumabl Syringes - Other Syringes - Other - 36.2% Based on C050 2 es Medium High January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page T42 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Syringes - Other Syringes - Other - 26.2% Based on C050 3 es Medium Discount January List Price of Applicable Calendar Year Consumabl Syringes - Other Syringes - Other - 25.0% Based on C050 4 es Medium Low January List Discount Price of Applicable Calendar Year Consumabl Syringes - Other Syringes - Other - 50.9% Based on C050 5 es Low Discount January List Price of Applicable Calendar Year Consumabl Tubes - Centrifuge Tubes - Centrifuge 52.3% Based on C010 1 es Tubes Tubes - High January List Discount Price of Applicable Calendar Year Consumabl Tubes - Centrifuge Tubes - Centrifuge 42.1% Based on C010 2 es Tubes Tubes - Medium January List High Discount Price of Applicable Calendar Year Consumabl Tubes - Centrifuge Tubes - Centrifuge 44.1% Based on C010 3 es Tubes Tubes - Medium January List Discount Price of Applicable Calendar Year Consumabl Tubes - Centrifuge Tubes - Centrifuge 37.2% Based on C010 4 es Tubes Tubes - Medium January List Low Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page T43 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Tubes - Centrifuge Tubes - Centrifuge 58.2% Based on C010 5 es Tubes Tubes - Low January List Discount Price of Applicable Calendar Year Consumabl Tubes - Microtubes Tubes - Microtubes - 40.9% Based on C035 2 es Medium High January List Discount Price of Applicable Calendar Year Consumabl Tubes - Microtubes Tubes - Microtubes - 34.3% Based on C035 3 es Medium Discount January List Price of Applicable Calendar Year Consumabl Tubes - Microtubes Tubes - Microtubes - 9.2% Based on C035 4 es Medium Low January List Discount Price of Applicable Calendar Year Consumabl Tubes - Microtubes Tubes - Microtubes - 25.0% Based on C035 5 es Low Discount January List Price of Applicable Calendar Year Consumabl Tubes - Other Tubes - Other - High 26.5% Based on C066 1 es Discount January List Price of Applicable Calendar Year Consumabl Tubes - Other Tubes - Other - 35.0% Based on C066 2 es Medium High January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page Y44 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Tubes - Other Tubes - Other - 33.0% Based on C066 3 es Medium Discount January List Price of Applicable Calendar Year Consumabl Tubes - Other Tubes - Other - 15.3% Based on C066 4 es Medium Low January List Discount Price of Applicable Calendar Year Consumabl Tubes - Other Tubes - Other - Low 36.7% Based on C066 5 es Discount January List Price of Applicable Calendar Year Consumabl Tubes - Storage Tubes - Storage 35.6% Based on C031 2 es Tubes Tubes - Medium January List High Discount Price of Applicable Calendar Year Consumabl Tubes - Storage Tubes - Storage 37.1% Based on C031 3 es Tubes Tubes - Medium January List Discount Price of Applicable Calendar Year Consumabl Tubes - Storage Tubes - Storage 31.8% Based on C031 4 es Tubes Tubes - Medium January List Low Discount Price of Applicable Calendar Year Consumabl Tubes - Storage Tubes - Storage 52.8% Based on C031 5 es Tubes Tubes - Low January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page T45 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Tubes - Test Tubes Tubes - Test Tubes 58.1% Based on C030 1 es - High Discount January List Price of Applicable Calendar Year Consumabl Tubes - Test Tubes Tubes - Test Tubes 47.9% Based on C030 2 es - Medium High January List Discount Price of Applicable Calendar Year Consumabl Tubes - Test Tubes Tubes - Test Tubes 43.5% Based on C030 3 es - Medium Discount January List Price of Applicable Calendar Year Consumabl Tubes - Test Tubes Tubes - Test Tubes 34.4% Based on C030 4 es - Medium Low January List Discount Price of Applicable Calendar Year Consumabl Tubes - Test Tubes Tubes - Test Tubes 57.7% Based on C030 5 es - Low Discount January List Price of Applicable Calendar Year Consumabl Tubes - Tube Tubes - Tube 58.3% Based on C062 3 es Closures Closures - Medium January List Discount Price of Applicable Calendar Year Consumabl Tubes - Tube Tubes - Tube 38.1% Based on C062 4 es Closures Closures - Medium January List Low Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page Y46 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Tubes - Tube Tubes - Tube 41.6% Based on C062 5 es Closures Closures - Low January List Discount Price of Applicable Calendar Year Consumabl Tubing and Tubing Tubing and Tubing 42.3% Based on C044 1 es Connectors Connectors - High January List Discount Price of Applicable Calendar Year Consumabl Tubing and Tubing Tubing and Tubing 49.9% Based on C044 2 es Connectors Connectors - January List Medium High Price of Discount Applicable Calendar Year Consumabl Tubing and Tubing Tubing and Tubing 49.2% Based on C044 3 es Connectors Connectors - January List Medium Discount Price of Applicable Calendar Year Consumabl Tubing and Tubing Tubing and Tubing 39.4% Based on C044 4 es Connectors Connectors - January List Medium Low Price of Discount Applicable Calendar Year Consumabl Tubing and Tubing Tubing and Tubing 39.5% Based on C044 5 es Connectors Connectors - Low January List Discount Price of Applicable Calendar Year Consumabl Vials and Vial Vials and Vial 31.7% Based on C004 1 es Inserts Inserts - High January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page T47 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Vials and Vial Vials and Vial 38.9% Based on C004 2 es Inserts Inserts - Medium January List High Discount Price of Applicable Calendar Year Consumabl Vials and Vial Vials and Vial 26.7% Based on C004 3 es Inserts Inserts - Medium January List Discount Price of Applicable Calendar Year Consumabl Vials and Vial Vials and Vial 20.0% Based on C004 4 es Inserts Inserts - Medium January List Low Discount Price of Applicable Calendar Year Consumabl Vials and Vial Vials and Vial 42.9% Based on C004 5 es Inserts Inserts - Low January List Discount Price of Applicable Calendar Year Consumabl Waste Disposal Waste Disposal 47.5% Based on C071 1 es Containers Containers - High January List Discount Price of Applicable Calendar Year Consumabl Waste Disposal Waste Disposal 35.7% Based on C071 3 es Containers Containers - January List Medium Discount Price of Applicable Calendar Year Consumabl Waste Disposal Waste Disposal 30.7% Based on C071 4 es Containers Containers - January List Medium Low Price of Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page X1148 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Waste Disposal Waste Disposal 31.3% Based on C071 5 es Containers Containers - Low January List Discount Price of Applicable Calendar Year Consumabl Water and Water and 38.3% Based on C057 1 es Wastewater Testing Wastewater Testing January List Supplies Supplies - High Price of Discount Applicable Calendar Year Consumabl Water and Water and 33.3% Based on C057 2 es Wastewater Testing Wastewater Testing January List Supplies Supplies - Medium Price of High Discount Applicable Calendar Year Consumabl Water and Water and 27.9% Based on C057 3 es Wastewater Testing Wastewater Testing January List Supplies Supplies - Medium Price of Discount Applicable Calendar Year Consumabl Water and Water and 18.6% Based on C057 4 es Wastewater Testing Wastewater Testing January List Supplies Supplies - Medium Price of Low Discount Applicable Calendar Year Consumabl Water and Water and 16.7% Based on C057 5 es Wastewater Testing Wastewater Testing January List Supplies Supplies - Low Price of Discount Applicable Calendar Year Diagnostics Antibody Production Antibody Production 13.4% Based on D022 2 and Purification and Purification - January List Medium High Price of Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page Y49 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Diagnostics Antibody Production Antibody Production 11.8% Based on D022 3 and Purification and Purification - January List Medium Discount Price of Applicable Calendar Year Diagnostics Antibody Production Antibody Production 10.7% Based on D022 4 and Purification and Purification - January List Medium Low Price of Discount Applicable Calendar Year Diagnostics Antibody Production Antibody Production 22.9% Based on D022 5 and Purification and Purification - January List Low Discount Price of Applicable Calendar Year Diagnostics Clinical Controls Clinical Controls 32.4% Based on D003 2 Calibrators and Calibrators and January List Standards Standards - Medium Price of High Discount Applicable Calendar Year Diagnostics Clinical Controls Clinical Controls 13.3% Based on D003 3 Calibrators and Calibrators and January List Standards Standards - Medium Price of Discount Applicable Calendar Year Diagnostics Clinical Diagnostic Clinical Diagnostic 33.2% Based on D013 1 Kits and Reagents - Kits and Reagents - January List General Chemistry General Chemistry Price of Testing Testing - High Applicable Discount Calendar Year Diagnostics Clinical Diagnostic Clinical Diagnostic 22.2% Based on D013 2 Kits and Reagents - Kits and Reagents - January List General Chemistry General Chemistry Price of Testing Testing - Medium Applicable High Discount Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page X50 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Diagnostics Clinical Diagnostic Clinical Diagnostic 32.7% Based on D013 3 Kits and Reagents - Kits and Reagents - January List General Chemistry General Chemistry Price of Testing Testing - Medium Applicable Discount Calendar Year Diagnostics Clinical Diagnostic Clinical Diagnostic 21.9% Based on D013 4 Kits and Reagents - Kits and Reagents - January List General Chemistry General Chemistry Price of Testing Testing - Medium Applicable Low Discount Calendar Year Diagnostics Clinical Diagnostic Clinical Diagnostic 21.9% Based on D013 5 Kits and Reagents - Kits and Reagents - January List General Chemistry General Chemistry Price of Testing Testing - Low Applicable Discount Calendar Year Diagnostics Clinical Diagnostic Clinical Diagnostic 12.1% Based on D005 2 Kits and Reagents - Kits and Reagents - January List Influenza Testing Influenza Testing - Price of Medium High Applicable Discount Calendar Year Diagnostics Clinical Diagnostic Clinical Diagnostic 26.2% Based on D002 1 Kits and Reagents - Kits and Reagents - January List Other Other - High Price of Discount Applicable Calendar Year Diagnostics Clinical Diagnostic Clinical Diagnostic 38.5% Based on D002 2 Kits and Reagents - Kits and Reagents - January List Other Other - Medium Price of High Discount Applicable Calendar Year Diagnostics Clinical Diagnostic Clinical Diagnostic 23.6% Based on D002 3 Kits and Reagents - Kits and Reagents - January List Other Other - Medium Price of Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 1151 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Diagnostics Clinical Diagnostic Clinical Diagnostic 37.6% Based on D002 4 Kits and Reagents - Kits and Reagents - January List Other Other - Medium Low Price of Discount Applicable Calendar Year Diagnostics Clinical Diagnostic Clinical Diagnostic 32.9% Based on D002 5 Kits and Reagents - Kits and Reagents - January List Other Other - Low Price of Discount Applicable Calendar Year Diagnostics Clinical Diagnostic Clinical Diagnostic 39.1% Based on D007 3 Kits and Reagents - Kits and Reagents - January List Pregnancy [hCG] Pregnancy [hCG] Price of Tests Tests - Medium Applicable Discount Calendar Year Diagnostics Clinical Diagnostic Clinical Diagnostic 15.7% Based on D007 4 Kits and Reagents - Kits and Reagents - January List Pregnancy [hCG] Pregnancy [hCG] Price of Tests Tests - Medium Low Applicable Discount Calendar Year Diagnostics Clinical Diagnostic Clinical Diagnostic 22.7% Based on D007 5 Kits and Reagents - Kits and Reagents - January List Pregnancy [hCG] Pregnancy [hCG] Price of Tests Tests - Low Applicable Discount Calendar Year Diagnostics Clinical Diagnostic Clinical Diagnostic 15.9% Based on D008 3 Kits and Reagents - Kits and Reagents - January List Streptococcus Streptococcus Price of Testing Testing - Medium Applicable Discount Calendar Year Diagnostics Clinical Diagnostic Clinical Diagnostic 24.5% Based on D008 4 Kits and Reagents - Kits and Reagents - January List Streptococcus Streptococcus Price of Testing Testing - Medium Applicable Low Discount Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page X52 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Diagnostics Clinical Diagnostic Clinical Diagnostic 28.7% Based on D008 5 Kits and Reagents - Kits and Reagents - January List Streptococcus Streptococcus Price of Testing Testing - Low Applicable Discount Calendar Year Diagnostics Clinical Diagnostic Clinical Diagnostic 23.0% Based on D017 1 Kits and Reagents - Kits and Reagents - January List Urinalysis Testing Urinalysis Testing - Price of High Discount Applicable Calendar Year Diagnostics Clinical Diagnostic Clinical Diagnostic 24.3% Based on D017 3 Kits and Reagents - Kits and Reagents - January List Urinalysis Testing Urinalysis Testing - Price of Medium Discount Applicable Calendar Year Diagnostics Clinical Diagnostic Clinical Diagnostic 15.1% Based on D017 4 Kits and Reagents - Kits and Reagents - January List Urinalysis Testing Urinalysis Testing - Price of Medium Low Applicable Discount Calendar Year Diagnostics Clinical Diagnostic Clinical Diagnostic 9.9% Based on D017 5 Kits and Reagents - Kits and Reagents - January List Urinalysis Testing Urinalysis Testing - Price of Low Discount Applicable Calendar Year Diagnostics Diagnostics - All Diagnostics - All 15.4% Based on D001 1 Other Other - High January List Discount Price of Applicable Calendar Year Diagnostics Diagnostics - All Diagnostics - All 19.6% Based on D001 2 Other Other - Medium January List High Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page �%% of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Diagnostics Diagnostics - All Diagnostics - All 12.2% Based on D001 3 Other Other - Medium January List Discount Price of Applicable Calendar Year Diagnostics Diagnostics - All Diagnostics - All 12.5% Based on D001 4 Other Other - Medium Low January List Discount Price of Applicable Calendar Year Diagnostics Diagnostics - All Diagnostics - All 18.6% Based on D001 5 Other Other - Low January List Discount Price of Applicable Calendar Year Diagnostics Dialysis Desalting Dialysis Desalting 12.3% Based on D018 2 and Buffer and Buffer January List Exchange Exchange - Medium Price of High Discount Applicable Calendar Year Diagnostics Dialysis Desalting Dialysis Desalting 14.0% Based on D018 4 and Buffer and Buffer January List Exchange Exchange - Medium Price of Low Discount Applicable Calendar Year Diagnostics Dialysis Desalting Dialysis Desalting 22.2% Based on D018 5 and Buffer and Buffer January List Exchange Exchange - Low Price of Discount Applicable Calendar Year Diagnostics Electrophoresis Electrophoresis 18.5% Based on D011 1 Reagents Reagents - High January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page Y54 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Diagnostics Electrophoresis Electrophoresis 16.9% Based on D011 2 Reagents Reagents - Medium January List High Discount Price of Applicable Calendar Year Diagnostics Electrophoresis Electrophoresis 15.4% Based on D011 3 Reagents Reagents - Medium January List Discount Price of Applicable Calendar Year Diagnostics Electrophoresis Electrophoresis 22.6% Based on D011 4 Reagents Reagents - Medium January List Low Discount Price of Applicable Calendar Year Diagnostics Electrophoresis Electrophoresis 23.1% Based on D011 5 Reagents Reagents - Low January List Discount Price of Applicable Calendar Year Diagnostics Hematology Stains Hematology Stains - 42.9% Based on D020 2 Medium High January List Discount Price of Applicable Calendar Year Diagnostics Hematology Stains Hematology Stains - 26.9% Based on D020 3 Medium Discount January List Price of Applicable Calendar Year Diagnostics Hematology Stains Hematology Stains - 21.8% Based on D020 4 Medium Low January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page X55 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Diagnostics Immunoassay Immunoassay 26.1% Based on D014 1 Testing Testing - High January List Discount Price of Applicable Calendar Year Diagnostics Immunoassay Immunoassay 20.0% Based on D014 2 Testing Testing - Medium January List High Discount Price of Applicable Calendar Year Diagnostics Immunoassay Immunoassay 21.6% Based on D014 3 Testing Testing - Medium January List Discount Price of Applicable Calendar Year Diagnostics Immunoassay Immunoassay 12.1% Based on D014 4 Testing Testing - Medium January List Low Discount Price of Applicable Calendar Year Diagnostics Immunoassay Immunoassay 31.5% Based on D014 5 Testing Testing - Low January List Discount Price of Applicable Calendar Year Diagnostics Immunoreagents Immunoreagents - 13.3% Based on D021 2 Medium High January List Discount Price of Applicable Calendar Year Diagnostics Immunoreagents Immunoreagents - 9.8% Based on D021 3 Medium Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page �%6 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Diagnostics Immunoreagents Immunoreagents - 23.8% Based on D021 4 Medium Low January List Discount Price of Applicable Calendar Year Diagnostics Immunoreagents Immunoreagents - 23.2% Based on D021 5 Low Discount January List Price of Applicable Calendar Year Diagnostics Microbiology Microbiology 25.3% Based on D019 1 Products Products - High January List Discount Price of Applicable Calendar Year Diagnostics Microbiology Microbiology 21.9% Based on D019 2 Products Products - Medium January List High Discount Price of Applicable Calendar Year Diagnostics Microbiology Microbiology 22.4% Based on D019 3 Products Products - Medium January List Discount Price of Applicable Calendar Year Diagnostics Microbiology Microbiology 18.4% Based on D019 4 Products Products - Medium January List Low Discount Price of Applicable Calendar Year Diagnostics Microbiology Microbiology 33.9% Based on D019 5 Products Products - Low January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 11°57 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Diagnostics Molecular Biology Molecular Biology 20.0% Based on D016 2 Reagents and Kits - Reagents and Kits - January List DNA Extraction and DNA Extraction and Price of Purification Purification - Applicable Medium High Calendar Year Discount Diagnostics Molecular Biology Molecular Biology 15.7% Based on D016 3 Reagents and Kits - Reagents and Kits - January List DNA Extraction and DNA Extraction and Price of Purification Purification - Applicable Medium Discount Calendar Year Diagnostics Molecular Biology Molecular Biology 14.8% Based on D016 4 Reagents and Kits - Reagents and Kits - January List DNA Extraction and DNA Extraction and Price of Purification Purification - Applicable Medium Low Calendar Year Discount Diagnostics Molecular Biology Molecular Biology 26.5% Based on D016 5 Reagents and Kits - Reagents and Kits - January List DNA Extraction and DNA Extraction and Price of Purification Purification - Low Applicable Discount Calendar Year Diagnostics Molecular Biology Molecular Biology 14.3% Based on D015 4 Reagents and Kits - Reagents and Kits - January List Nucleic Acid Nucleic Acid Price of Labeling and Labeling and Applicable Detection Detection - Medium Calendar Year Low Discount Diagnostics Molecular Biology Molecular Biology 15.4% Based on D015 5 Reagents and Kits - Reagents and Kits - January List Nucleic Acid Nucleic Acid Price of Labeling and Labeling and Applicable Detection Detection - Low Calendar Year Discount Diagnostics Molecular Biology Molecular Biology 11.0% Based on D006 1 Reagents and Kits - Reagents and Kits - January List Other - High Price of Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 11158 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Other Discount Applicable Calendar Year Diagnostics Molecular Biology Molecular Biology 4.4% Based on D006 2 Reagents and Kits - Reagents and Kits - January List Other Other - Medium Price of High Discount Applicable Calendar Year Diagnostics Molecular Biology Molecular Biology 11.0% Based on D006 3 Reagents and Kits - Reagents and Kits - January List Other Other - Medium Price of Discount Applicable Calendar Year Diagnostics Molecular Biology Molecular Biology 11.1% Based on D006 4 Reagents and Kits - Reagents and Kits - January List Other Other - Medium Low Price of Discount Applicable Calendar Year Diagnostics Molecular Biology Molecular Biology 14.7% Based on D006 5 Reagents and Kits - Reagents and Kits - January List Other Other - Low Price of Discount Applicable Calendar Year Diagnostics Protein Chemistry Protein Chemistry 10.7% Based on D004 1 Reagents and Kits Reagents and Kits - January List High Discount Price of Applicable Calendar Year Diagnostics Protein Chemistry Protein Chemistry 13.3% Based on D004 2 Reagents and Kits Reagents and Kits - January List Medium High Price of Discount Applicable Calendar Year Diagnostics Protein Chemistry Protein Chemistry 6.2% Based on D004 3 Reagents and Kits Reagents and Kits - January List Medium Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page ?59 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Diagnostics Protein Chemistry Protein Chemistry 19.9% Based on D004 4 Reagents and Kits Reagents and Kits - January List Medium Low Price of Discount Applicable Calendar Year Diagnostics Protein Chemistry Protein Chemistry 28.9% Based on D004 5 Reagents and Kits Reagents and Kits - January List Low Discount Price of Applicable Calendar Year Diagnostics Tissue Processing Tissue Processing 31.5% Based on D012 2 Reagents Reagents - Medium January List High Discount Price of Applicable Calendar Year Diagnostics Tissue Processing Tissue Processing 16.6% Based on D012 3 Reagents Reagents - Medium January List Discount Price of Applicable Calendar Year Diagnostics Tissue Processing Tissue Processing 15.2% Based on D012 4 Reagents Reagents - Medium January List Low Discount Price of Applicable Calendar Year Diagnostics Tissue Processing Tissue Processing 13.9% Based on D012 5 Reagents Reagents - Low January List Discount Price of Applicable Calendar Year Diagnostics Western Blotting, Western Blotting, 15.9% Based on D009 2 ELISA and Cell ELISA and Cell January List Imaging Imaging - Medium Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 'fto-0 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes High Discount Calendar Year Diagnostics Western Blotting, Western Blotting, 12.3% Based on D009 3 ELISA and Cell ELISA and Cell January List Imaging Imaging - Medium Price of Discount Applicable Calendar Year Diagnostics Western Blotting, Western Blotting, 23.8% Based on D009 4 ELISA and Cell ELISA and Cell January List Imaging Imaging - Medium Price of Low Discount Applicable Calendar Year Diagnostics Western Blotting, Western Blotting, 19.7% Based on D009 5 ELISA and Cell ELISA and Cell January List Imaging Imaging - Low Price of Discount Applicable Calendar Year Equipment Baths - Other Baths - Other - High 31.8% Based on E013 1 Discount January List Price of Applicable Calendar Year Equipment Baths - Other Baths - Other - 29.1% Based on E013 2 Medium High January List Discount Price of Applicable Calendar Year Equipment Baths - Other Baths - Other - 24.2% Based on E013 3 Medium Discount January List Price of Applicable Calendar Year Equipment Baths - Other Baths - Other - 37.6% Based on E013 4 Medium Low January List Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS PageMo-1 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Equipment Baths - Water Baths - Water - 36.3% Based on E030 3 Medium Discount January List Price of Applicable Calendar Year Equipment Blenders and Blenders and 38.4% Based on E024 1 Homogenizers Homogenizers - January List High Discount Price of Applicable Calendar Year Equipment Blenders and Blenders and 31.2% Based on E024 2 Homogenizers Homogenizers - January List Medium High Price of Discount Applicable Calendar Year Equipment Blenders and Blenders and 25.4% Based on E024 3 Homogenizers Homogenizers - January List Medium Discount Price of Applicable Calendar Year Equipment Blenders and Blenders and 21.1% Based on E024 4 Homogenizers Homogenizers - January List Medium Low Price of Discount Applicable Calendar Year Equipment Blenders and Blenders and 35.4% Based on E024 5 Homogenizers Homogenizers - Low January List Discount Price of Applicable Calendar Year Equipment Centrifuges - Centrifuges - 6.6% Based on E007 1 Benchtop [General Benchtop [General January List Purpose] Purpose] - High Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 'fto-2 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Discount Calendar Year Equipment Centrifuges - Centrifuges - 28.8% Based on E007 2 Benchtop [General Benchtop [General January List Purpose] Purpose] - Medium Price of High Discount Applicable Calendar Year Equipment Centrifuges - Centrifuges - 12.2% Based on E007 3 Benchtop [General Benchtop [General January List Purpose] Purpose] - Medium Price of Discount Applicable Calendar Year Equipment Centrifuges - Centrifuges - 16.4% Based on E012 2 Benchtop Benchtop January List Microcentrifuges Microcentrifuges - Price of Medium High Applicable Discount Calendar Year Equipment Centrifuges - Centrifuges - 18.9% Based on E012 4 Benchtop Benchtop January List Microcentrifuges Microcentrifuges - Price of Medium Low Applicable Discount Calendar Year Equipment Centrifuges - Centrifuges - 34.1% Based on E012 5 Benchtop Benchtop January List Microcentrifuges Microcentrifuges - Price of Low Discount Applicable Calendar Year Equipment Centrifuges - Centrifuges - 12.3% Based on E014 1 Benchtop Other Benchtop Other - January List High Discount Price of Applicable Calendar Year Equipment Centrifuges - Centrifuges - 11.7% Based on E014 2 Benchtop Other Benchtop Other - January List Medium High Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page )%3 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Discount Calendar Year Equipment Centrifuges - Centrifuges - 14.4% Based on E014 3 Benchtop Other Benchtop Other - January List Medium Discount Price of Applicable Calendar Year Equipment Centrifuges - Centrifuges - 14.4% Based on E014 4 Benchtop Other Benchtop Other - January List Medium Low Price of Discount Applicable Calendar Year Equipment Centrifuges - Centrifuges - 33.9% Based on E014 5 Benchtop Other Benchtop Other - January List Low Discount Price of Applicable Calendar Year Equipment Centrifuges - Centrifuges - 32.4% Based on E021 1 Centrifuge Centrifuge January List Accessories Accessories - High Price of Discount Applicable Calendar Year Equipment Centrifuges - Centrifuges - 38.9% Based on E021 3 Centrifuge Centrifuge January List Accessories Accessories - Price of Medium Discount Applicable Calendar Year Equipment Centrifuges - Centrifuges - 17.3% Based on E021 4 Centrifuge Centrifuge January List Accessories Accessories - Price of Medium Low Applicable Discount Calendar Year Equipment Centrifuges - Centrifuges - 26.7% Based on E021 5 Centrifuge Centrifuge January List Accessories Accessories - Low Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 1164 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Discount Calendar Year Equipment Chromatography Chromatography 32.8% Based on E042 2 Equipment Equipment - Medium January List High Discount Price of Applicable Calendar Year Equipment Counting Devices Counting Devices - 20.0% Based on E029 1 High Discount January List Price of Applicable Calendar Year Equipment Counting Devices Counting Devices - 25.4% Based on E029 2 Medium High January List Discount Price of Applicable Calendar Year Equipment Counting Devices Counting Devices - 7.5% Based on E029 3 Medium Discount January List Price of Applicable Calendar Year Equipment Counting Devices Counting Devices - 24.6% Based on E029 4 Medium Low January List Discount Price of Applicable Calendar Year Equipment Counting Devices Counting Devices - 24.7% Based on E029 5 Low Discount January List Price of Applicable Calendar Year Equipment Electrophoresis Electrophoresis 27.0% Based on E026 1 Equipment Equipment - High January List Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page A635 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Equipment Electrophoresis Electrophoresis 18.6% Based on E026 2 Equipment Equipment - Medium January List High Discount Price of Applicable Calendar Year Equipment Electrophoresis Electrophoresis 11.0% Based on E026 3 Equipment Equipment - Medium January List Discount Price of Applicable Calendar Year Equipment Electrophoresis Electrophoresis 25.0% Based on E026 4 Equipment Equipment - Medium January List Low Discount Price of Applicable Calendar Year Equipment Electrophoresis Electrophoresis 51.9% Based on E026 5 Equipment Equipment - Low January List Discount Price of Applicable Calendar Year Equipment Equipment - All Equipment - All 25.6% Based on E001 1 Other Other - High January List Discount Price of Applicable Calendar Year Equipment Equipment - All Equipment - All 13.1% Based on E001 2 Other Other - Medium January List High Discount Price of Applicable Calendar Year Equipment Equipment - All Equipment - All 13.8% Based on E001 3 Other Other - Medium January List Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page %6 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Equipment Equipment - All Equipment - All 25.8% Based on E001 4 Other Other - Medium Low January List Discount Price of Applicable Calendar Year Equipment Equipment - All Equipment - All 28.7% Based on E001 5 Other Other - Low January List Discount Price of Applicable Calendar Year Equipment Equipment - Equipment - 19.2% Based on E900 1 Education Education - High January List Discount Price of Applicable Calendar Year Equipment Equipment - Equipment - 25.8% Based on E900 2 Education Education - Medium January List High Discount Price of Applicable Calendar Year Equipment Equipment - Equipment - 16.7% Based on E900 3 Education Education - Medium January List Discount Price of Applicable Calendar Year Equipment Equipment - Equipment - 26.4% Based on E900 4 Education Education - Medium January List Low Discount Price of Applicable Calendar Year Equipment Equipment - Equipment - 39.6% Based on E900 5 Education Education - Low January List Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page "I%7 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Equipment Evaporators Evaporators - 14.5% Based on E028 3 Medium Discount January List Price of Applicable Calendar Year Equipment Evaporators Evaporators - 17.3% Based on E028 4 Medium Low January List Discount Price of Applicable Calendar Year Equipment Evaporators Evaporators - Low 33.3% Based on E028 5 Discount January List Price of Applicable Calendar Year Equipment Freeze Drying Freeze Drying 27.9% Based on E038 4 Equipment Equipment - Medium January List Low Discount Price of Applicable Calendar Year Equipment Freeze Drying Freeze Drying 35.1% Based on E038 5 Equipment Equipment - Low January List Discount Price of Applicable Calendar Year Equipment Furnaces Furnaces - High 22.4% Based on E032 1 Discount January List Price of Applicable Calendar Year Equipment Furnaces Furnaces - Medium 40.0% Based on E032 2 High Discount January List Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page X11 8 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Equipment Furnaces Furnaces - Medium 30.0% Based on E032 3 Discount January List Price of Applicable Calendar Year Equipment Furnaces Furnaces - Medium 41.4% Based on E032 4 Low Discount January List Price of Applicable Calendar Year Equipment Furnaces Furnaces - Low 40.2% Based on E032 5 Discount January List Price of Applicable Calendar Year Equipment Heaters Heaters - High 41.6% Based on E040 1 Discount January List Price of Applicable Calendar Year Equipment Heaters Heaters - Medium 37.7% Based on E040 2 High Discount January List Price of Applicable Calendar Year Equipment Heaters Heaters - Medium 17.2% Based on E040 3 Discount January List Price of Applicable Calendar Year Equipment Heaters Heaters - Medium 28.4% Based on E040 4 Low Discount January List Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page "li69 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Equipment Heaters Heaters - Low 25.1% Based on E040 5 Discount January List Price of Applicable Calendar Year Equipment Hoods and Hoods and 21.7% Based on E011 1 Enclosures Enclosures - High January List Discount Price of Applicable Calendar Year Equipment Hoods and Hoods and 24.9% Based on E011 2 Enclosures Enclosures - January List Medium High Price of Discount Applicable Calendar Year Equipment Hoods and Hoods and 20.4% Based on E011 3 Enclosures Enclosures - January List Medium Discount Price of Applicable Calendar Year Equipment Hoods and Hoods and 38.4% Based on E011 4 Enclosures Enclosures - January List Medium Low Price of Discount Applicable Calendar Year Equipment Hoods and Hoods and 36.0% Based on E011 5 Enclosures Enclosures - Low January List Discount Price of Applicable Calendar Year Equipment Hotplates Hotplates - Medium 32.3% Based on E017 2 High Discount January List Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 21/0 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Equipment Hotplates Hotplates - Medium 32.4% Based on E017 3 Discount January List Price of Applicable Calendar Year Equipment Hotplates Hotplates - Medium 25.1% Based on E017 4 Low Discount January List Price of Applicable Calendar Year Equipment Hotplates Hotplates - Low 45.2% Based on E017 5 Discount January List Price of Applicable Calendar Year Equipment Incubators Incubators - High 24.0% Based on E003 1 Discount January List Price of Applicable Calendar Year Equipment Incubators Incubators - Medium 27.0% Based on E003 2 High Discount January List Price of Applicable Calendar Year Equipment Incubators Incubators - Medium 18.6% Based on E003 3 Discount January List Price of Applicable Calendar Year Equipment Incubators Incubators - Medium 13.3% Based on E003 4 Low Discount January List Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page *1 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Equipment Incubators Incubators - Low 13.3% Based on E003 5 Discount January List Price of Applicable Calendar Year Equipment Microplate Washers Microplate Washers 20.3% Based on E039 5 - Low Discount January List Price of Applicable Calendar Year Equipment Microscopes Microscopes - High 32.9% Based on E006 1 Discount January List Price of Applicable Calendar Year Equipment Microscopes Microscopes - 43.6% Based on E006 2 Medium High January List Discount Price of Applicable Calendar Year Equipment Microscopes Microscopes - 26.1% Based on E006 3 Medium Discount January List Price of Applicable Calendar Year Equipment Microscopes Microscopes - 26.0% Based on E006 4 Medium Low January List Discount Price of Applicable Calendar Year Equipment Microscopes Microscopes - Low 38.0% Based on E006 5 Discount January List Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 21/2 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Equipment Microtomy Microtomy 13.7% Based on E009 1 Equipment Equipment - High January List Discount Price of Applicable Calendar Year Equipment Microtomy Microtomy 26.2% Based on E009 2 Equipment Equipment - Medium January List High Discount Price of Applicable Calendar Year Equipment Microtomy Microtomy 19.3% Based on E009 3 Equipment Equipment - Medium January List Discount Price of Applicable Calendar Year Equipment Microtomy Microtomy 28.2% Based on E009 4 Equipment Equipment - Medium January List Low Discount Price of Applicable Calendar Year Equipment Mills Mills - Medium 21.6% Based on E033 3 Discount January List Price of Applicable Calendar Year Equipment Mills Mills - Medium Low 34.6% Based on E033 4 Discount January List Price of Applicable Calendar Year Equipment Ovens Ovens - High 41.9% Based on E019 1 Discount January List Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page "T3 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Equipment Ovens Ovens - Medium 25.4% Based on E019 2 High Discount January List Price of Applicable Calendar Year Equipment Ovens Ovens - Medium 17.6% Based on E019 3 Discount January List Price of Applicable Calendar Year Equipment Ovens Ovens - Medium 23.2% Based on E019 4 Low Discount January List Price of Applicable Calendar Year Equipment Ovens Ovens - Low 23.8% Based on E019 5 Discount January List Price of Applicable Calendar Year Equipment Photodocumentatio Photodocumentation 11.8% Based on E041 1 n Systems Systems - High January List Discount Price of Applicable Calendar Year Equipment Photodocumentatio Photodocumentation 16.2% Based on E041 3 n Systems Systems - Medium January List Discount Price of Applicable Calendar Year Equipment Photodocumentatio Photodocumentation 34.5% Based on E041 4 n Systems Systems - Medium January List Low Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Pagei74 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Equipment Photodocumentatio Photodocumentation 48.0% Based on E041 5 n Systems Systems - Low January List Discount Price of Applicable Calendar Year Equipment Pipet Fillers Pipet Fillers - High 47.3% Based on E022 1 Discount January List Price of Applicable Calendar Year Equipment Pipet Fillers Pipet Fillers - 39.7% Based on E022 2 Medium High January List Discount Price of Applicable Calendar Year Equipment Pipet Fillers Pipet Fillers - 32.3% Based on E022 3 Medium Discount January List Price of Applicable Calendar Year Equipment Pipet Fillers Pipet Fillers - 29.0% Based on E022 4 Medium Low January List Discount Price of Applicable Calendar Year Equipment Pipet Fillers Pipet Fillers - Low 37.8% Based on E022 5 Discount January List Price of Applicable Calendar Year Equipment Pipetters - Manual Pipetters - Manual 41.9% Based on E005 1 Pipetters Pipetters - High January List Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 21/5 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Equipment Pipetters - Manual Pipetters - Manual 15.9% Based on E005 2 Pipetters Pipetters - Medium January List High Discount Price of Applicable Calendar Year Equipment Pipetters - Manual Pipetters - Manual 13.7% Based on E005 3 Pipetters Pipetters - Medium January List Discount Price of Applicable Calendar Year Equipment Pipetters - Manual Pipetters - Manual 23.6% Based on E005 4 Pipetters Pipetters - Medium January List Low Discount Price of Applicable Calendar Year Equipment Pipetters - Manual Pipetters - Manual 38.4% Based on E005 5 Pipetters Pipetters - Low January List Discount Price of Applicable Calendar Year Equipment Pipetters - Other Pipetters - Other - 27.8% Based on E015 1 High Discount January List Price of Applicable Calendar Year Equipment Pipetters - Other Pipetters - Other - 11.3% Based on E015 2 Medium High January List Discount Price of Applicable Calendar Year Equipment Pipetters - Other Pipetters - Other - 8.6% Based on E015 3 Medium Discount January List Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 21'/6 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Equipment Pipetters - Other Pipetters - Other - 20.1% Based on E015 4 Medium Low January List Discount Price of Applicable Calendar Year Equipment Pipetters - Other Pipetters - Other - 19.8% Based on E015 5 Low Discount January List Price of Applicable Calendar Year Equipment PPE — Respiratory PPE — Respiratory 29.2% Based on E008 1 Protection (Safety) Protection (Safety) - January List High Discount Price of Applicable Calendar Year Equipment PPE — Respiratory PPE — Respiratory 31.8% Based on E008 2 Protection (Safety) Protection (Safety) - January List Medium High Price of Discount Applicable Calendar Year Equipment PPE — Respiratory PPE — Respiratory 30.2% Based on E008 3 Protection (Safety) Protection (Safety) - January List Medium Discount Price of Applicable Calendar Year Equipment PPE — Respiratory PPE — Respiratory 31.4% Based on E008 4 Protection (Safety) Protection (Safety) - January List Medium Low Price of Discount Applicable Calendar Year Equipment PPE — Respiratory PPE — Respiratory 33.5% Based on E008 5 Protection (Safety) Protection (Safety) - January List Low Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page) 77 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Equipment Pumps - Other Pumps - Other - 34.2% Based on E025 1 High Discount January List Price of Applicable Calendar Year Equipment Pumps - Other Pumps - Other - 35.1% Based on E025 2 Medium High January List Discount Price of Applicable Calendar Year Equipment Pumps - Other Pumps - Other - 23.5% Based on E025 3 Medium Discount January List Price of Applicable Calendar Year Equipment Pumps - Other Pumps - Other - 39.7% Based on E025 4 Medium Low January List Discount Price of Applicable Calendar Year Equipment Pumps - Other Pumps - Other - Low 40.1% Based on E025 5 Discount January List Price of Applicable Calendar Year Equipment Pumps - Tubing Pumps - Tubing - 41.6% Based on E035 1 High Discount January List Price of Applicable Calendar Year Equipment Pumps - Tubing Pumps - Tubing - 38.4% Based on E035 2 Medium High January List Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page *8 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Equipment Pumps - Tubing Pumps - Tubing - 32.0% Based on E035 3 Medium Discount January List Price of Applicable Calendar Year Equipment Pumps - Tubing Pumps - Tubing - 30.5% Based on E035 4 Medium Low January List Discount Price of Applicable Calendar Year Equipment Pumps - Vacuum Pumps - Vacuum - 30.6% Based on E016 1 High Discount January List Price of Applicable Calendar Year Equipment Pumps - Vacuum Pumps - Vacuum - 31.1% Based on E016 2 Medium High January List Discount Price of Applicable Calendar Year Equipment Pumps - Vacuum Pumps - Vacuum - 25.7% Based on E016 3 Medium Discount January List Price of Applicable Calendar Year Equipment Pumps - Vacuum Pumps - Vacuum - 31.5% Based on E016 4 Medium Low January List Discount Price of Applicable Calendar Year Equipment Pumps - Vacuum Pumps - Vacuum - 40.8% Based on E016 5 Low Discount January List Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page Y79 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Equipment Refrigerators and Refrigerators and 29.0% Based on E002 1 Freezers - Other Freezers - Other - January List High Discount Price of Applicable Calendar Year Equipment Refrigerators and Refrigerators and 25.8% Based on E002 2 Freezers - Other Freezers - Other - January List Medium High Price of Discount Applicable Calendar Year Equipment Refrigerators and Refrigerators and 25.0% Based on E002 3 Freezers - Other Freezers - Other - January List Medium Discount Price of Applicable Calendar Year Equipment Refrigerators and Refrigerators and 28.7% Based on E002 4 Freezers - Other Freezers - Other - January List Medium Low Price of Discount Applicable Calendar Year Equipment Refrigerators and Refrigerators and 29.0% Based on E002 5 Freezers - Other Freezers - Other - January List Low Discount Price of Applicable Calendar Year Equipment Refrigerators and Refrigerators and 38.5% Based on E004 3 Freezers - Ultra Freezers - Ultra Low January List Low Temperature Temperature Price of Freezers [Upright] Freezers [Upright] - Applicable Medium Discount Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page )380 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Equipment Refrigerators and Refrigerators and 32.9% Based on E004 4 Freezers - Ultra Freezers - Ultra Low January List Low Temperature Temperature Price of Freezers [Upright] Freezers [Upright] - Applicable Medium Low Calendar Year Discount Equipment Shakers and Mixers Shakers and Mixers 32.4% Based on E020 1 - Other - Other - High January List Discount Price of Applicable Calendar Year Equipment Shakers and Mixers Shakers and Mixers 50.2% Based on E020 2 - Other - Other - Medium January List High Discount Price of Applicable Calendar Year Equipment Shakers and Mixers Shakers and Mixers 20.1% Based on E020 3 - Other - Other - Medium January List Discount Price of Applicable Calendar Year Equipment Shakers and Mixers Shakers and Mixers 28.3% Based on E020 4 - Other - Other - Medium January List Low Discount Price of Applicable Calendar Year Equipment Shakers and Mixers Shakers and Mixers 63.2% Based on E020 5 - Other - Other - Low January List Discount Price of Applicable Calendar Year Equipment Shakers and Mixers Shakers and Mixers 31.9% Based on E018 1 - Platform Shakers - Platform Shakers - January List High Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page )181 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Equipment Shakers and Mixers Shakers and Mixers 27.8% Based on E018 2 - Platform Shakers - Platform Shakers - January List Medium High Price of Discount Applicable Calendar Year Equipment Shakers and Mixers Shakers and Mixers 16.5% Based on E018 3 - Platform Shakers - Platform Shakers - January List Medium Discount Price of Applicable Calendar Year Equipment Shakers and Mixers Shakers and Mixers 30.7% Based on E018 4 - Platform Shakers - Platform Shakers - January List Medium Low Price of Discount Applicable Calendar Year Equipment Shakers and Mixers Shakers and Mixers 32.6% Based on E018 5 - Platform Shakers - Platform Shakers - January List Low Discount Price of Applicable Calendar Year Equipment Sterilizers Sterilizers - High 24.5% Based on E023 1 Discount January List Price of Applicable Calendar Year Equipment Sterilizers Sterilizers - Medium 20.0% Based on E023 2 High Discount January List Price of Applicable Calendar Year Equipment Sterilizers Sterilizers - Medium 26.7% Based on E023 3 Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page )82 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Equipment Sterilizers Sterilizers - Medium 38.0% Based on E023 4 Low Discount January List Price of Applicable Calendar Year Equipment Sterilizers Sterilizers - Low 41.2% Based on E023 5 Discount January List Price of Applicable Calendar Year Equipment Stirrers - Magnetic Stirrers - Magnetic - 35.6% Based on E031 2 Medium High January List Discount Price of Applicable Calendar Year Equipment Stirrers - Magnetic Stirrers - Magnetic - 24.2% Based on E031 3 Medium Discount January List Price of Applicable Calendar Year Equipment Stirrers - Magnetic Stirrers - Magnetic - 33.2% Based on E031 4 Medium Low January List Discount Price of Applicable Calendar Year Equipment Stirrers - Magnetic Stirrers - Magnetic - 22.8% Based on E031 5 Low Discount January List Price of Applicable Calendar Year Equipment Stirrers - Overhead Stirrers - Overhead - 33.3% Based on E036 3 Medium Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page % of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Equipment Stirrers - Overhead Stirrers - Overhead - 47.8% Based on E036 4 Medium Low January List Discount Price of Applicable Calendar Year Equipment Ultrasonic Cleaners Ultrasonic Cleaners 40.4% Based on E037 1 - High Discount January List Price of Applicable Calendar Year Equipment Ultrasonic Cleaners Ultrasonic Cleaners 33.5% Based on E037 2 - Medium High January List Discount Price of Applicable Calendar Year Equipment Ultrasonic Cleaners Ultrasonic Cleaners 18.3% Based on E037 3 - Medium Discount January List Price of Applicable Calendar Year Equipment Ultrasonic Cleaners Ultrasonic Cleaners 25.6% Based on E037 4 - Medium Low January List Discount Price of Applicable Calendar Year Equipment Ultrasonic Cleaners Ultrasonic Cleaners 36.7% Based on E037 5 - Low Discount January List Price of Applicable Calendar Year Equipment Washers and Washers and Dryers 25.3% Based on E034 2 Dryers for for Glassware - January List Glassware Medium High Price of Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page Y84 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Equipment Washers and Washers and Dryers 30.4% Based on E034 3 Dryers for for Glassware - January List Glassware Medium Discount Price of Applicable Calendar Year Equipment Washers and Washers and Dryers 27.8% Based on E034 4 Dryers for for Glassware - January List Glassware Medium Low Price of Discount Applicable Calendar Year Equipment Washers and Washers and Dryers 38.1% Based on E034 5 Dryers for for Glassware - Low January List Glassware Discount Price of Applicable Calendar Year Equipment Water Purification - Water Purification - 28.7% Based on E010 1 Other Other - High January List Discount Price of Applicable Calendar Year Equipment Water Purification - Water Purification - 20.8% Based on E010 2 Other Other - Medium January List High Discount Price of Applicable Calendar Year Equipment Water Purification - Water Purification - 10.4% Based on E010 3 Other Other - Medium January List Discount Price of Applicable Calendar Year Equipment Water Purification - Water Purification - 16.8% Based on E010 4 Other Other - Medium Low January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page �b5 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Equipment Water Purification - Water Purification - 35.7% Based on E010 5 Other Other - Low January List Discount Price of Applicable Calendar Year Equipment Water Purification - Water Purification - 18.7% Based on E027 1 Pretreatment and Pretreatment and January List Polishing Systems Polishing Systems - Price of High Discount Applicable Calendar Year Equipment Water Purification - Water Purification - 9.1% Based on E027 2 Pretreatment and Pretreatment and January List Polishing Systems Polishing Systems - Price of Medium High Applicable Discount Calendar Year Equipment Water Purification - Water Purification - 7.5% Based on E027 3 Pretreatment and Pretreatment and January List Polishing Systems Polishing Systems - Price of Medium Discount Applicable Calendar Year Equipment Water Purification - Water Purification - 19.2% Based on E027 4 Pretreatment and Pretreatment and January List Polishing Systems Polishing Systems - Price of Medium Low Applicable Discount Calendar Year Equipment Water Purification - Water Purification - 39.9% Based on E027 5 Pretreatment and Pretreatment and January List Polishing Systems Polishing Systems - Price of Low Discount Applicable Calendar Year Furniture Furniture Furniture - High 36.7% Based on F001 1 Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page )%6 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Furniture Furniture Furniture - Medium 37.4% Based on F001 2 High Discount January List Price of Applicable Calendar Year Furniture Furniture Furniture - Medium 42.3% Based on F001 3 Discount January List Price of Applicable Calendar Year Furniture Furniture Furniture - Medium 25.2% Based on F001 4 Low Discount January List Price of Applicable Calendar Year Furniture Furniture Furniture - Low 3.6% Based on F001 5 Discount January List Price of Applicable Calendar Year Furniture Furniture - Furniture - 42.8% Based on F900 1 Education Education - High January List Discount Price of Applicable Calendar Year Furniture Furniture - Furniture - 29.5% Based on F900 3 Education Education - Medium January List Discount Price of Applicable Calendar Year Furniture Furniture - Furniture - 25.8% Based on F900 4 Education Education - Medium January List Low Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page `I%7 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Furniture Furniture - Furniture - 40.8% Based on F900 5 Education Education - Low January List Discount Price of Applicable Calendar Year Instruments Anemometers and Anemometers and 43.8% Based on 1016 2 Flowmeters Flowmeters - January List Medium High Price of Discount Applicable Calendar Year Instruments Anemometers and Anemometers and 26.7% Based on 1016 3 Flowmeters Flowmeters - January List Medium Discount Price of Applicable Calendar Year Instruments Anemometers and Anemometers and 31.8% Based on 1016 4 Flowmeters Flowmeters - January List Medium Low Price of Discount Applicable Calendar Year Instruments Balances - Balances - 24.7% Based on 1007 2 Analytical Balances Analytical Balances January List - Medium High Price of Discount Applicable Calendar Year Instruments Balances - Balances - 23.3% Based on 1007 3 Analytical Balances Analytical Balances January List - Medium Discount Price of Applicable Calendar Year Instruments Balances - Balances - 24.0% Based on 1007 4 Analytical Balances Analytical Balances January List - Medium Low Price of Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 1188 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Instruments Balances - Balances - 42.8% Based on 1007 5 Analytical Balances Analytical Balances January List - Low Discount Price of Applicable Calendar Year Instruments Balances - Other Balances - Other - 25.0% Based on 1003 1 High Discount January List Price of Applicable Calendar Year Instruments Balances - Other Balances - Other - 21.3% Based on 1003 2 Medium High January List Discount Price of Applicable Calendar Year Instruments Balances - Other Balances - Other - 20.6% Based on 1003 3 Medium Discount January List Price of Applicable Calendar Year Instruments Balances - Other Balances - Other - 25.2% Based on 1003 4 Medium Low January List Discount Price of Applicable Calendar Year Instruments Clinical Chemistry Clinical Chemistry 26.8% Based on 1005 3 Analyzers Analyzers - Medium January List Discount Price of Applicable Calendar Year Instruments Clinical Chemistry Clinical Chemistry 33.0% Based on 1005 4 Analyzers Analyzers - Medium January List Low Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page `?89 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Instruments Coagulation Coagulation 33.0% Based on 1006 5 Analyzers Analyzers - Low January List Discount Price of Applicable Calendar Year Instruments Electrochemistry Electrochemistry - 32.7% Based on 1004 1 High Discount January List Price of Applicable Calendar Year Instruments Electrochemistry Electrochemistry - 25.0% Based on 1004 2 Medium High January List Discount Price of Applicable Calendar Year Instruments Electrochemistry Electrochemistry - 16.6% Based on 1004 3 Medium Discount January List Price of Applicable Calendar Year Instruments Electrochemistry Electrochemistry - 37.8% Based on 1004 4 Medium Low January List Discount Price of Applicable Calendar Year Instruments Electrochemistry Electrochemistry - 55.5% Based on 1004 5 Low Discount January List Price of Applicable Calendar Year Instruments Electrodes Electrodes - High 36.6% Based on 1012 1 Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page `f0 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Instruments Electrodes Electrodes - Medium 32.2% Based on 1012 2 High Discount January List Price of Applicable Calendar Year Instruments Electrodes Electrodes - Medium 31.0% Based on 1012 3 Discount January List Price of Applicable Calendar Year Instruments Electrodes Electrodes - Medium 19.7% Based on 1012 4 Low Discount January List Price of Applicable Calendar Year Instruments Electrodes Electrodes - Low 32.7% Based on 1012 5 Discount January List Price of Applicable Calendar Year Instruments Instrumentation — Instrumentation — 13.3% Based on 1010 1 Radiation, Radiation, Chemical, January List Chemical, Noise, Noise, Heat -Stress Price of Heat -Stress & Air & Air Quality Applicable Quality Monitoring Monitoring (Safety) - Calendar Year (Safety) High Discount Instruments Instrumentation — Instrumentation — 4.5% Based on 1010 2 Radiation, Radiation, Chemical, January List Chemical, Noise, Noise, Heat -Stress Price of Heat -Stress & Air & Air Quality Applicable Quality Monitoring Monitoring (Safety) - Calendar Year (Safety) Medium High Discount Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page `1191 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Instruments Instrumentation — Instrumentation — 9.2% Based on 1010 3 Radiation, Radiation, Chemical, January List Chemical, Noise, Noise, Heat -Stress Price of Heat -Stress & Air & Air Quality Applicable Quality Monitoring Monitoring (Safety) - Calendar Year (Safety) Medium Discount Instruments Instrumentation — Instrumentation — 46.6% Based on 1010 5 Radiation, Radiation, Chemical, January List Chemical, Noise, Noise, Heat -Stress Price of Heat -Stress & Air & Air Quality Applicable Quality Monitoring Monitoring (Safety) - Calendar Year (Safety) Low Discount Instruments Instruments - All Instruments - All 29.0% Based on 1001 1 Other Other - High January List Discount Price of Applicable Calendar Year Instruments Instruments - All Instruments - All 11.2% Based on 1001 2 Other Other - Medium January List High Discount Price of Applicable Calendar Year Instruments Instruments - All Instruments - All 17.0% Based on 1001 3 Other Other - Medium January List Discount Price of Applicable Calendar Year Instruments Instruments - All Instruments - All 36.8% Based on 1001 4 Other Other - Medium Low January List Discount Price of Applicable Calendar Year Instruments Instruments - All Instruments - All 30.4% Based on 1001 5 Other Other - Low January List Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page `0�2 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Instruments Instruments - Instruments - 33.7% Based on 1900 1 Education Education - High January List Discount Price of Applicable Calendar Year Instruments Instruments - Instruments - 31.6% Based on 1900 2 Education Education - Medium January List High Discount Price of Applicable Calendar Year Instruments Instruments - Instruments - 40.2% Based on 1900 3 Education Education - Medium January List Discount Price of Applicable Calendar Year Instruments Instruments - Instruments - 15.9% Based on 1900 4 Education Education - Medium January List Low Discount Price of Applicable Calendar Year Instruments Instruments - Instruments - 10.2% Based on 1900 5 Education Education - Low January List Discount Price of Applicable Calendar Year Instruments Microplate Readers Microplate Readers 16.3% Based on 1011 1 - High Discount January List Price of Applicable Calendar Year Instruments Microplate Readers Microplate Readers 12.4% Based on 1011 3 - Medium Discount January List Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page `693 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Instruments Microplate Readers Microplate Readers 30.3% Based on 1011 4 - Medium Low January List Discount Price of Applicable Calendar Year Instruments Microplate Readers Microplate Readers 44.4% Based on 1011 5 - Low Discount January List Price of Applicable Calendar Year Instruments PH ORP Titration PH ORP Titration - 36.2% Based on 1009 1 High Discount January List Price of Applicable Calendar Year Instruments PH ORP Titration PH ORP Titration - 33.0% Based on 1009 2 Medium High January List Discount Price of Applicable Calendar Year Instruments PH ORP Titration PH ORP Titration - 24.0% Based on 1009 3 Medium Discount January List Price of Applicable Calendar Year Instruments PH ORP Titration PH ORP Titration - 17.4% Based on 1009 4 Medium Low January List Discount Price of Applicable Calendar Year Instruments PH ORP Titration PH ORP Titration - 34.6% Based on 1009 5 Low Discount January List Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page Y94 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Instruments Spectrometry and Spectrometry and 21.9% Based on 1002 1 Spectrophotometry Spectrophotometry - January List High Discount Price of Applicable Calendar Year Instruments Spectrometry and Spectrometry and 12.9% Based on 1002 2 Spectrophotometry Spectrophotometry - January List Medium High Price of Discount Applicable Calendar Year Instruments Spectrometry and Spectrometry and 10.3% Based on 1002 3 Spectrophotometry Spectrophotometry - January List Medium Discount Price of Applicable Calendar Year Instruments Spectrometry and Spectrometry and 16.2% Based on 1002 4 Spectrophotometry Spectrophotometry - January List Medium Low Price of Discount Applicable Calendar Year Instruments Spectrometry and Spectrometry and 16.2% Based on 1002 5 Spectrophotometry Spectrophotometry - January List Low Discount Price of Applicable Calendar Year Instruments Thermal Cycling Thermal Cycling 25.0% Based on 1013 4 Instruments Instruments - January List Medium Low Price of Discount Applicable Calendar Year Instruments Thermometers Thermometers - 38.4% Based on 1008 1 High Discount January List Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page `P95 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Instruments Thermometers Thermometers - 44.5% Based on 1008 2 Medium High January List Discount Price of Applicable Calendar Year Instruments Thermometers Thermometers - 39.2% Based on 1008 3 Medium Discount January List Price of Applicable Calendar Year Instruments Thermometers Thermometers - 39.4% Based on 1008 4 Medium Low January List Discount Price of Applicable Calendar Year Instruments Thermometers Thermometers - Low 44.3% Based on 1008 5 Discount January List Price of Applicable Calendar Year Instruments Timers Timers - High 38.9% Based on 1014 1 Discount January List Price of Applicable Calendar Year Instruments Timers Timers - Medium 39.6% Based on 1014 2 High Discount January List Price of Applicable Calendar Year Instruments Timers Timers - Medium 39.0% Based on 1014 3 Discount January List Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page `?96 of 636 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Instruments Timers Timers - Medium 37.4% Based on 1014 4 Low Discount January List Price of Applicable Calendar Year Instruments Timers Timers - Low 52.4% Based on 1014 5 Discount January List Price of Applicable Calendar Year Instruments Viscometry Viscometry 16.6% Based on 1015 3 Instruments Instruments - January List Medium Discount Price of Applicable Calendar Year Instruments Viscometry Viscometry 16.1% Based on 1015 5 Instruments Instruments - Low January List Discount Price of Applicable Calendar Year Note: When the calculated price for a catalog product falls below Thermo Fisher Scientific's cost plus 7%, the price charged will be cost plus 7%. Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page I%7 of 636 Exhibit C Prime Award PPG Schedule PPG Code Description Std Discount Alt Discount A001 Apparatus - All Other Examples include Weights, Magnets and Magnifiers, Metal Tanks, Mixers (In -Line), Molecular and Chemical Models, Needles (Dissection), Patient Care Simulators, Pipetter Calibration Kits, Power Saws, Scissors, Sieves, Animal Cages and Cage Accessories, Aquaria and Accessories, and Defibrillator Accessories. 31.1% 31.1% A002 Microbiology Apparatus 32.5% 32.5% A003 Racks 37.1% 37.1% A004 Facility Safety - Maintenance & Operations - Apparatus 35.4% 35.4% A005 Clamps, Trays, and Supports 41.6% 41.6% A006 Cryogenic Products 31.2% 31.2% A007 Desiccators 33.7% 33.7% A008 Fire Fighting & Emergency Response - Equipment & Medical 17.1% 17.1% A009 Liquid Handling Fillers and Dispensers 21.8% 21.8% A010 PPE - Fall Protection 26.7% 26.7% B001 Biologicals - All Other Examples include: Serum Substitutes, Animal Sera, Storage Accessories for Preserved Specimens, Live Cell Cultures, Overexpression Lysates, and Peptides. 9.6% 9.6% B002 Prepared Microbiology Media [Plates] 22.4% 22.4% B003 Antibodies 7.7% 7.7% B004 Cell Culture Media and Reagents 26.1% 26.1% B005 Blood Culture Systems 31.3% 31.3% B006 PCR Supplies 8.6% 8.6% B007 Dehydrated Microbiology Media 22.8% 22.8% B008 Bovine Sera 24.2% 24.2% B009 Microbiology Supplies 20.2% 20.2% B010 Prepared Microbiology Media [Tubes] 13.9% 13.9% B011 Microbiology Quality Control Supplies 16.5% 16.5% B012 Enzymes 9.4% 9.4% B013 Prepared Microbiology Media [Bottles and Slides] 3.0% 3.0% B014 Nucleic Acids and Components 11.4% 11.4% B015 Proteins 20.1% 20.1% C001 Consumables - All Other Examples include: Irrigation Solutions, Nucleotide Decontaminants, Plastic Tanks, Radiation Decontaminants, Distillation Products, and Cell Scrapers. 35.8% 35.8% C002 PPE - Hand Protection - Thin -Wall Gloves 52.0% 52.0% Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page X1198 of 636 PPG Code Description Std Discount Alt Discount C003 Filtration Products - Other Filtration Products 26.5% 26.5% C004 Vials and Vial Inserts 39.0% 39.0% C005 Pipets - Serological Pipets 45.7% 45.7% C006 Specimen Collection - Evacuated Blood Tubes 18.8% 18.8% C007 Microscope Slides 56.0% 56.0% C008 Facility Safety - Maintenance & Operations - Consumables 45.1% 45.1% C009 Cell Culture Flasks 26.5% 26.5% C010 Tubes - Centrifuge Tubes 34.6% 34.6% C011 Pipetter Tips - Universal Pipetter Tips 45.0% 45.0% C012 PPE - Apparel 39.7% 39.7% C013 Bottles - Other 40.6% 40.6% C014 Bottles - Plastic Bottles [General Purpose] 45.3% 45.3% C015 Microplates - Other 20.7% 20.7% C016 Controlled Environments - Apparel 37.4% 37.4% C017 Specimen Containers 34.1% 34.1% C018 Controlled Environments - Wipers & Swabs 38.1% 38.1% C019 Filtration Products - Bottletop Filters 20.6% 20.6% CO20 Filtration Products - Syringe and Syringeless Filters [Nonsterile] 27.3% 27.3% CO21 Controlled Environments - Gloves 46.9% 46.9% CO22 Filtration Products - Centrifugal Filter Devices 7.8% 7.8% CO23 Pipetter Tips - Pipetter Specific Tips 29.0% 29.0% CO24 Cell Culture Microplates 19.4% 19.4% CO25 Pipetter Tips - Filtering Pipetter Tips 29.2% 29.2% CO26 Cleaning Products 31.1% 31.1% CO27 Specimen Collection - Winged Collection Set 23.6% 23.6% CO28 Microplates - Assay Microplates 22.4% 22.4% CO29 Dishes - Petri Dishes 59.4% 59.4% C030 Tubes - Test Tubes 45.2% 45.2% C031 Tubes - Storage Tubes 29.8% 29.8% C032 Chromatography Columns 12.2% 12.2% C033 Bottles - Media Bottles 38.3% 38.3% C034 Pipets - Transfer Pipets 58.5% 58.5% C035 Tubes - Microtubes 55.6% 55.6% C036 Syringes - General Purpose Syringes 29.5% 29.5% C037 Cell Culture Tubes 54.8% 54.8% C038 Cell Culture Dishes 23.2% 23.2% C039 Chromatography Columns and Supplies 18.1% 18.1% C040 Cellware [Specialty] 22.8% 22.8% C041 Bags - Sample Bags 39.2% 39.2% C042 Specimen Collection - Microbiology and Transport Systems 17.4% 17.4% Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page )�99 of 636 PPG Code Description Std Discount Alt Discount C043 Pipets - Other 51.6% 51.6% C044 Tubing and Tubing Connectors 38.9% 38.9% C045 Specimen Collection - Urine Specimen Collection 35.2% 35.2% C046 Bottles - Glass Bottles [General Purpose] 40.2% 40.2% C047 Specimen Collection - Blood Specimen Collection 21.1% 21.1% C048 Specimen Collection - Tubes for Blood Collection 32.6% 32.6% C049 Controlled Environments - Housekeeping, Matting, Packaging, Stationary & Tape 27.1% 27.1% C050 Syringes - Other 26.5% 26.5% C051 Bags - Autoclaving Bags 52.8% 52.8% C052 PPE - Eye, Face, and Hearing 45.9% 45.9% C053 Flasks - Other 39.7% 39.7% C054 Filtration Products - Filter Units 19.7% 19.7% C055 Microplate Covers 20.9% 20.9% C056 Flasks - Volumetric 44.3% 44.3% C057 Water and Wastewater Testing Supplies 27.6% 27.6% C058 Dishes - Other 56.7% 56.7% C059 Facility Safety - First Aid, Identification & Communication, Spill Control & Containment 26.7% 26.7% C060 Specimen Collection - Tube Needles 31.8% 31.8% C061 Carboys and Jerricans 45.4% 45.4% C062 Tubes - Tube Closures 38.5% 38.5% C063 PPE - Hand Protection - Work & Specialty Gloves 33.6% 33.6% C064 Reservoirs and Reservoir Liners 26.5% 26.5% C065 Coverslips 55.7% 55.7% C066 Tubes - Other 26.2% 26.2% C067 Specimen Collection - Other 19.2% 19.2% C068 Cylinders [Laboratory] 42.7% 42.7% C069 Membranes For Hybridization and Transfer 15.1% 15.1% C070 Autoradiography Supplies 25.6% 25.6% C071 Waste Disposal Containers 39.8% 39.8% C072 Bench Protectors 42.0% 42.0% C073 Funnels 45.9% 45.9% C074 Bags - Other 30.8% 30.8% C075 Cuvets and Cells 36.7% 36.7% C076 Beakers - Plastic and Other 42.5% 42.5% C077 PPE - Hand Protection - Chemical Resistant Gloves 35.9% 35.9% C078 Embedding Cassettes 20.0% 20.0% C079 Beakers - Glass 42.6% 42.6% C080 Knives and Knife Blades 39.2% 39.2% Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page �b0 of 636 PPG Code Description Std Discount Alt Discount C081 Pipetter Tips - Robotic Pipetter Tips 21.0% 21.0% C082 Film and Foil Wrapping 47.8% 47.8% C083 Pipetter Tips - Other 41.4% 41.4% C084 Stirring Bars and Rods 48.1% 48.1% C085 Fire Fighting & Emergency Response - PPE 52.1% 52.1% C086 Stoppers 34.5% 34.5% C087 Burets 40.8% 40.8% C088 Samplers 25.3% 25.3% C089 Spatulas [General Purpose] 38.0% 38.0% C090 Crucibles 43.1% 43.1% C091 Bottles - Wash Bottles 42.7% 42.7% C092 Pipetter Tips - Repeater Pipetter Tips 25.6% 25.6% C093 PPE - Head Protection 35.1% 35.1% D001 Diagnostics - All Other Examples include: Magnetic Particles, Nitric Oxide Pathway Reagents and Kits, RNAi Controls, Cell Growth and Differentiation Reagents and Kits, and Food Chemistry Test Kits 6.8% 6.8% D002 Clinical Diagnostic Kits and Reagents - Other 24.5% 24.5% D003 Clinical Controls Calibrators and Standards 20.9% 20.9% D004 Protein Chemistry Reagents and Kits 5.4% 5.4% D005 Clinical Diagnostic Kits and Reagents - Influenza Testing 18.9% 18.9% D006 Molecular Biology Reagents and Kits - Other 4.3% 4.3% D007 Clinical Diagnostic Kits and Reagents - Pregnancy [hCG] Tests 34.2% 34.2% D008 Clinical Diagnostic Kits and Reagents - Streptococcus Testing 17.1% 17.1% D009 Western Blotting, ELISA and Cell Imaging 7.4% 7.4% D010 Clinical Diagnostic Kits and Reagents - C. difficile Testing 24.0% 24.0% D011 Electrophoresis Reagents 9.6% 9.6% D012 Tissue Processing Reagents 22.4% 22.4% D013 Clinical Diagnostic Kits and Reagents - General Chemistry Testing 8.2% 8.2% D014 Immunoassay Testing 5.7% 5.7% D015 Molecular Biology Reagents and Kits - Nucleic Acid Labeling and Detection 4.1% 4.1% D016 Molecular Biology Reagents and Kits - DNA Extraction and Purification 9.5% 9.5% D017 Clinical Diagnostic Kits and Reagents - Urinalysis Testing 24.1% 24.1% D018 Dialysis Desalting and Buffer Exchange 3.5% 3.5% D019 Microbiology Products 18.3% 18.3% D020 Hematology Stains 18.6% 18.6% D021 Immunoreagents 5.5% 5.5% D022 Antibody Production and Purification 5.1% 5.1% Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page �f01 of 636 PPG Code Description Std Discount Alt Discount E001 Equipment - All Other Examples include: Slide Warmers, Tissue Processors and Accessories, Ultraviolet Lamps, Pipetting Workstations, Automated Laboratory Robotics, and Heat Stress Monitors 19.2% 19.2% E002 Refrigerators and Freezers - Other 30.4% 30.4% E003 Incubators 24.0% 24.0% E004 Refrigerators and Freezers - Ultra Low Temperature Freezers [Upright] 29.7% 29.7% E005 Pipetters - Manual Pipetters 20.3% 20.3% E006 Microscopes 22.8% 22.8% E007 Centrifuges - Benchtop [General Purpose] 10.8% 10.8% E008 PPE - Respiratory Protection 30.3% 30.3% E009 Microtomy Equipment 8.6% 8.6% E010 Water Purification - Other 15.3% 15.3% E011 Hoods and Enclosures 19.7% 19.7% E012 Centrifuges - Benchtop Microcentrifuges 20.9% 20.9% E013 Baths - Other 24.7% 24.7% E014 Centrifuges - Benchtop Other 14.7% 14.7% E015 Pipetters - Other 15.9% 15.9% E016 Pumps - Vacuum 29.0% 29.0% E017 Hotplates 31.5% 31.5% E018 Shakers and Mixers - Platform Shakers 19.8% 19.8% E019 Ovens 26.8% 26.8% E020 Shakers and Mixers - Other 34.7% 34.7% E021 Centrifuges - Centrifuge Accessories 17.1% 17.1% E022 Pipet Fillers 32.6% 32.6% E023 Sterilizers 21.5% 21.5% E024 Blenders and Homogenizers 25.3% 25.3% E025 Pumps - Other 25.6% 25.6% E026 Electrophoresis Equipment 22.2% 22.2% E027 Water Purification - Pretreatment and Polishing Systems 18.8% 18.8% E028 Evaporators 14.1% 14.1% E029 Counting Devices 22.0% 22.0% E030 Baths - Water 30.8% 30.8% E031 Stirrers - Magnetic 26.9% 26.9% E032 Furnaces 26.0% 26.0% E033 Mills 20.4% 20.4% E034 Washers and Dryers for Glassware 23.2% 23.2% E035 Pumps - Tubing 24.0% 24.0% E036 Stirrers - Overhead 25.3% 25.3% E037 Ultrasonic Cleaners 18.6% 18.6% Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page n2 of 636 PPG Code Description Std Discount Alt Discount E038 Freeze Drying Equipment 27.3% 27.3% E039 Microplate Washers 10.0% 10.0% E040 Heaters 14.2% 14.2% E041 Photodocumentation Systems 13.7% 13.7% E042 Chromatography Equipment 5.6% 5.6% E900 Equipment - Education 0.0% 0.0% F001 Furniture 37.1% 37.1% H001 Chemicals - All Other Examples include Desiccants and Drying Agents, Intravenous Solutions, Stains and Dyes and Indicators, and all chemicals not covered by another specific PPG listed below. 32.1% 32.1% H002 Organics 34.4% 34.4% H003 Solvents - Other 63.7% 63.7% H004 Acids - Inorganic 47.5% 47.5% H005 Inorganics - Other 51.1% 51.1% H006 Buffers 38.4% 38.4% H007 Solvents - Acetonitrile 43.9% 43.9% H008 Solvents - Methanol 65.5% 65.5% H009 Solvents - Ethanol 37.1% 37.1% H010 Histology Reagents 54.8% 54.8% H011 Inorganics - Sodium Compounds [Inorganics] 56.4% 56.4% H012 Solutions for Chemical Testing 44.3% 44.3% H013 Standards 29.3% 29.3% H014 Solvents - Isopropanol [IPA] 62.9% 62.9% H015 Caustics 58.6% 58.6% H016 Solvents - Acetone 65.0% 65.0% H017 Water 54.4% 54.4% H018 Acids - Organic 50.3% 50.3% H019 Solvents - Methylene Chloride 69.9% 69.9% H020 Solvents - Hexanes 71.4% 71.4% H021 Solvents - Xylenes 76.3% 76.3% 1001 Instruments - All Other Examples include: Radiation Contamination Monitors, Rheometers, Hygrometers and Accessories, Immunoassay Systems, Chromatography Products, and Flow Cytometers and Accessories. 14.4% 14.4% 1002 Spectrometry and Spectrophotometry 10.9% 10.9% 1003 Balances - Other 27.5% 27.5% 1004 Electrochemistry 25.7% 25.7% 1005 Clinical Chemistry Analyzers 28.8% 28.8% 1006 Coagulation Analyzers 32.0% 32.0% Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page n3 of 636 PPG Code Description Std Discount Alt Discount 1007 Balances - Analytical Balances 28.0% 28.0% 1008 Thermometers 32.8% 32.8% 1009 PH ORP Titration 27.5% 27.5% 1010 Instrumentation- Radiation, Chemical, Noise, Heat-Stress & Air Quality Monitoring 9.6% 9.6% 1011 Microplate Readers 13.4% 13.4% 1012 Electrodes 26.3% 26.3% 1013 Thermal Cycling Instruments 9.1% 9.1% 1014 Timers 31.3% 31.3% 1015 Viscometry Instruments 20.4% 20.4% 1016 Anemometers and Flowmeters 15.8% 15.8% X001 Discounts not Allowed 0.0% 0.0% X002 Discounts not Allowed 0.0% 0.0% X003 Discounts not Allowed 0.0% 0.0% X004 Discounts not Allowed 0.0% 0.0% X005 Discounts not Allowed 0.0% 0.0% X006 Discounts not Allowed 0.0% 0.0% Note: When the calculated price for a catalog product falls below Thermo Fisher Scientific's cost plus 7%, the price charged will be cost plus 7%. Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page Y04 of 636 Exhibit D UF's ITN No. ITN15NH-105 PDF File Research Laboratory Supplies Alternate Contract Source Agreement 41120000 -15 -ACS Page 2U5 of 636 I CONSENT AGENDA 10/20/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/20/2015 REQUESTED ACTION BY COMMISSION: Approve utilizing the State of Florida Contract number 43211500-WSCA-15-ACS for the purchase of Dell desktop computer and monitors for various City departments for the amount of $29,998.23. EXPLANATION OF REQUEST: The I.T.S. department has engaged in a computer replacement program over numerous years, to provide our employees with computing technology adequate to run the software needed to perform their job functions. Maintenance on older equipment has proven to be e)dremely costly from a financial perspective. This purchase provides for the replacement of computers that are a minimum of 4 years and older, targeting the City's Dell OptiPlex computers. Our oldest computers are not necessarily replaced with the new computers; Users that require high-end computing power to perform their job functions will receive the newer systems. Their previous systems will be taken back to the I.T.S. department to be refreshed. Those previously used systems are given to users needing less -powerful systems than the new systems, but more efficient than their old systems. The cascading process of this PC replacement plan continues until we are eventually left with the oldest systems. The oldest systems are used for spare parts or are ultimately retired. This average costs of the computers being purchased is approximately $730.00, the cost per computer is such that staff believes it is appropriate to purchase the computers versus financing the purchase over time. The State of Florida contract complies with the City of Boynton Beach's competitive bid requirements HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? We will be replacing out-of-date employee computer equipment that is marginally capable of running the city's current software products. Many enterprise applications such as GIS and Document Imaging require higher end PC's. The up-to-date PC's will increase efficiency in internal business operations by providing an appropriate hardware/ software combination. FISCAL IMPACT: Budgeted Funding was approved and is available for the City in the Capital Improvement Plan for fiscal year 2015/16 under account number 302-4101-580.52-20 for the amount of $30,000. ALTERNATIVES: Not making this purchase would require the continued use of equipment that is marginally capable of running the city's current software products. Compatibility issues could also prevent a smooth transition to the future alternative software suites. STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: Page 206 of 636 Goal 3 - High Performing City Organization; Objective 5: Upgrade information technology both hardware and software. This purchase allows the City to upgrade its aging PC infrastructure, selecting the systems that are beyond 4 years old. Older equipment typically is close to (or past) its end -of -life, runs slower than newer equipment, and has a higher tendency to experience minor or major component failures. The replacement of these personal computers will enhance the reliability of our computing environment and provide the City's employees with the best technology to serve the needs of our citizens. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Quotes D Attachment D Agreement D Addendum REVIEWERS: Department ITS Finance Legal City Manager Description Dell Quotes DMS Contract Dates Dell WSCA Master Agreement WSCA Agreement -Additional Info Reviewer Action Date McNally, John Approved 10/6/2015 - 4:14 PM Howard, Tim Approved 10/12/2015 - 1:40 PM Swanson, Lynn Approved 10/12/2015 - 2:12 PM LaVerriere, Lori Approved 10/15/2015 - 3:19 PM Page 207 of 636 �00 0000000ft4k N Al" cell LQuota-#: Customer #: Contract #: Quote Date. - Customer Name: 716354043 861622 WN08AGW 43211500-WSCA-15-ACS 1010112015 CITY OF BOYNTON BEACH Nwil—coven, — 77,770-Y7,772,�5 - t informational accuracy. If you find errors or desire certain changes please contact your sales professional as soon as possible. Sales Professional Information SALES REP: CHAENE VELA PHONE: 1800 - 4563355 Email Address: Chr tijalene V_xh12.@Q1e11,com Phone Ext: 5139886 GROUP: I QUANTITY: I SYSTEM PRICE: $932.10 GROUP TOTAL: $932.10 Description Quantity Latitude 3550: Standard Base (BTX) (210-ADBI) 8GB Dual Channel DDR31- 1600MHz (4GBx2) (370-AAQJ) Internal Single Pointing Keyboard (English) (580-ACJB) Intel HID Graphics (490-BCCR) Intel Dual Band Wireless 7265 Driver (555-BCBF) 50OGB 2.5inch Serial ATA (7,200 Rpm) Hard Drive, Latitude (400-AGIY) Windows 7 Professional English/French 64bit (includes Windows 8.1 Pro license) (536 - BBB) US Order (332-1286) 43 WHr, 3 -Cell Battery (integrated) (451-BBJC) No Carrying Case (460-BBEX) No Mouse (570-AADK) Energy Star 6.0 (387-BBHP) Intel Dual Band Wireless -N 7265AGN 802.11 a/b/gIn 2x2 Bluetooth 4.0 LE Half Mini Card (555-BBYQ) US Power Cord (537-BBBL) Windows 8.1 DVD OS Recovery(English) (620-AASU) Dell Backup and Recovery Basic (637HAAS) BTO Standard shipment Air (800-BBGF) Not Selected in this Configuration (817-BBBC) Flexible Catalog Config 04 (750-AAHR) Kace K1000 Express (525-0057) Safety/Environment and Regulatory Guide (English/French/Dutch) (340-AGIK) Dell Limited Hardware Warranty Extended Year(s) (975-3461) Thank you choosing Dell ProSupport. For tech support, visit hftp://support.dell.com/ProSupport or call 1-866-516-3115 (989-3449) ProSupport- Next Business Day Onsite, 1 Year (997-6662) ProSupport: Next Business Day Onsite, 2 Year Extended (997-6664) ProSupport: 7x24 Technical Support, 3 Years (997-6673) Dell Limited Hardware Warranty (997-6727) file:IIIC:I[JserslstevensmIAppDatalLocallMicrosoftlWindowsITemporary%201nteme0lo20&M)tao of 636 Quote Summary_716354043 No UPC Label (389-BCGW) 1 Accidental Damage Service, 3 year (973-9184) 1 Accidental Damage Service (988-7689) 1 Resource DVD Media Kit, Drivers and Utilities (340-AMOU) 1 No Fingerprint Reader (346-BBMC) 1 Quick Reference Guide (340-ALZX) 1 No Removable CD/DVD Drive (429-AATO) 1 MicrosoMicrosoft(R) Office trial (658 -RCSB) 1 Dell Power Manager (340-ADFZ) Latitude 3550 Software and Drivers (340-ALTC)' Dell Data Protection Security Tools Digital Delivery/NB (422-0007) 1 Adobe Reader 11 (640-BBDF) 1 Dell Data Protection I Protected Workspace (640-BBEV) 1 Dell(TM) Digital Delivery Cirrus Client (640-BBLW) 1 Dell Client System Update (Updates latest Dell Recommended BIOS, Drivers, Firmware and Apps),OptiPlex (658-BBMR) 1 Waves Maxx Audio Royalty (658-BBNF) 1 MY DELL (658-BBVM) 1 McAfee SecurityCenter 30 days (650-0028) 1 65 Watt AC Adaptor (492-BBDD) 1 Intel Core i5 -5200U (Dual Core, 2.2GHz, 3M cache, 15W) (338-BFYV) 1 5th Generation Intel Core i5 -5200U (Dual Core, 2.2GHz, 3M cache) Lat 3550 (379-BCCD) 1 No DDPE Encryption Software (954-3465) 1 No Docking Station (452-BBSE) 1 Direct Ship Info (340-AAPV) 1 Mix Model Shipping Material (340-ALWU) 1 Fixed Hardware Configuration (998-BJPVV) 1' No DDPIESS Software (634 -BENZ) 1 No Power DVD (430-XXYY) 1 Regulatory Label included (389-BEYY) 1 Intel Core i5 Processor Label (389 -BCCI) 1 15.6" HD (1366x768) Anti -Glare WILED -backlit (391-BBTJ) 1 ACCESSORIESSOFTWARE & -• Product Quantity Unit Price Total O. .., *Total Purchase Price Product Subtotal: Shipping & Handling: Shipping Method: $962.09 $962.09 $0.00 $0.00 $0.00 LTL 5 DAY OR LESS (* Amount denoted in $) file:IIIC:IUserslstevensm/AppDatalLocal/VlicrosoftlWindowslTemporary%20Internet%20..PatWC80016f 636 Quote Summary716354043 Page 3 of 4 Order this quote easily online through your 21gMjgL2ggg, or if you do not have Premier, using Quote to O!r,,, 11 e r Statement of Conditions The information in this document is believea to be accurate. However, ®ell assumes no responsibility for inaccuracies, errors, or omissions, and shall not be liable for direct, indirect, special, incidental, or consequential damages resulting from any such error or omission. Dell is not responsible for pricing or other errors, and reserves the right to cancel orders arising from such errors. Dell may make changes to this proposal including changes or updates to the products and services described, including pricing, without notice or obligation. Terms of Sale This quote is valid for 30 days unless otherwise stated. Unless you have a separate written agreement that specifically applies to this order, your order will be subject to and governed by the following agreements, each of which are incorporated herein by reference and available in hardcopy from Dell at your request: If this purchase is for your internal use only: Dell's Commercial Terms of Sale (M".dell.com/CTS), which incorporate Dell's U.S. Return Policy (ALiv �.dell.gnmlretu�rnorigy) and Warranty (www.dell.comtwarrantyterms. If this purchase is intended for resale: Dell's Reseller Terms of Sale (www.dell.com/resellerterms). If this purchase includes services: in addition to the foregoing applicable terms, Dell's Service Terms (www.dell.com/servicecontracts/global). If this purchase includes software: in addition to the foregoing applicable terms, your use of the software is subject to the license terms accompanying the software, and in the absence of such terms, then use of the Dell -branded application software is subject to the Dell End User License Agreement - Type A (mm.dell.com/AEULA) and use of the Dell -branded system software is subject to the Dell End User License Agreement - Type S (www.dell.com/SEULA). You acknowledge having read and agree to be bound by the foregoing applicable terms in their entirety. Any terms and conditions set forth in your purchase order or any other correspondence that are in addition to, inconsistent or in conflict with, the foregoing applicable online terms will be of no force or effect unless specifically agreed to in a writing signed by Dell that expressly references such terms. Additional Terms for Public Customers If you are a department, agency, division, or office of any district, state, county or municipal government within the United States ("Public Customer"), the following terms ("Public Customer Terms") apply in addition to the foregoing terms: A. If any portion of the foregoing terms and conditions (or any terms referenced therein) is prohibited by law, such portion shall not apply to you. Notwithstanding anything to the contrary, the End User License Agreements shall take precedence in all conflicts relevant to your use of any software. B. By placing your order, you confirm that (1) you are a contracting officer or other authorized representative of Public Customer with authority to bind the Public Customer to these terms and conditions, and (2) you have read and agree to be bound by these terms and conditions. Pricing, Taxes, and Additional Information All product, pricing, and other information is valid for U.S. customers and U.S. addresses only, and is based on the latest information available and may be subject to change. Dell reserves the right to cancel quotes and orders arising from pricing or other errors. Sales tax on products shipped is based on your "Ship To" address, and for software downloads is based on your "Bill To" address. Please indicate any tax-exempt status on your PO, and fax your exemption certificate, including your Customer Number, to the Dell Tax Department at 800-433-9023. Please ensure that your tax -exemption certificate reflects the correct Dell entity name: Dell Marketing L.P. Note* All tax quoted above is an estimate; final taxes will be listed on the invoice. If you have any questions regarding tax please send an e-mail to Tax—Department@dell.com. For certain products shipped to end-users in California, a State Environmental Fee will be applied to your invoice. Dell encourages customers to dispose of electronic equipment properly. All information supplied to CITY OF BOYNTON BEACH for the purpose of this proposal is to be considered confidential information belonging to Dell. About Dell Dell Inc. listens to customers and delivers innovative technology and services they trust and value. Uniquely enabled by its direct business model, Dell is a leading global systems and services company and No. 34 on the Fortune 500. For more information, visit www.dell.com. Privacy Policy file:IIIC:AJserslstevensrfVAppDataALocallMicrosoftlWindowsITemporary%201ntemet%2O... flpyfi�a1� of 636 Page 4 of 4 Dell respects your privacy. Across our business, around the world, Dell will collect, store, and use customer information only to support and enhance our relationship with your organization, for example, to process your purchase, provide service and support, and share product, service, and company news and offerings with you. Dell does not sell your personal information. For a complete statement of our Global Privacy Policy, please visit dell.comlprivacy. file:IIIC:iUserslstevensmlAppData/LocallMicrosoftlWindows/Temporary%20Internet%20..PaWCW QOl f 636 0 .1 - I*�f C1tm3Itipj &I L x _ _ ! 1Customer Name: Customer Contract #: Cust%xeerAgree:iiext #-. Quote - Date: 716354342 861622 WN08AGW 00 1010112015 coy fill •el TLI Me Thanks for choosing Dell! Your quote is detailed below; please review the quote for product and informational accuracy. If you find errors or desire certain changes please contact your sales professional as soon as possible. SalesProfessional Information SALES. CHARLENE VELA PHONE: 1800- 4563355 Email 1 ela. Corn 5139886 GROUP: I :1 $8,613.92 Description Quantity OptiPlex 3020 Small Form Factor CTO (210 AB1X) 14 8GB (2x4G) 1600MHz DDR3 Memory (370-AADC) 14 US English (QWERTY) Dell KB212-B QuietKey USB Keyboard Black (580-AAQX) 14 Display Not Included (480-ABFW) 14 Intel Integrated Graphics, Dell OptiPlex (490-BBFG) 14 No Wireless LAN Card (555-BBNI) 14 3.5 inch 50OGB 7200rpm Hard Disk Drive (400-AANO) 14 Windows 7 Professional English 64bit (Includes Windows 8.1 Pro license) (536-BBBL) 14 US Order (332-1286) 14 OptiPlex 3020 Small Form Factor Chassis w/ up to 90 Percent Efficient PSU (EPA V2) (329- BCJW) 14 Dell Logitech USB Optical Mouse (570-AADU) 14 No ESTAR (387-BBCG) 14 8X Slimline DVD+/ -RW drive (429-AAJU) 14 Interna! Dell Business Audio Speaker (520-AABP) 14 Thank You for Choosing Dell (555-BBNG) 14 System Power Cord (Philipine/THIUS) (450-AAOJ) 14 Windows 8.1 DVD OS Recovery(English) (620-AASU) 14 Dell Backup and Recovery Basic (637-AAAS) 14 Desktop BTO Standard shipment (800-BBIO) 14 Not Selected in this Configuration (817-BBBC) 14 Kace K1000 Express (525-0057) 14 Safety/Environment and Regulatory Guide (English/French/Dutch) (340 AGIK) 14 Dell Limited Hardware Warranty Plus Service (803-8583) 14 Onsite Service After Remote Diagnosis 3 Years (803-8590) 14 Management Engine (340 AGMO) 14 No Diagnostic/Recovery CD media (340-ABJI) 14 No Quick Reference Guide (340-ABKW) 14 Intel Pentium G3250 (Dual Core 3.2GHz 3MB w/HD Graphics) (338-BGOX) 14 No DDPE Encryption Software (954-3465) file:/1/C:/UserslstevensmIAppData/LocallMicrosoft/WindowslTemporary%20lnternet%20... 1�( �1�11� of 636 Quote S ary_716354342 Shipping*Totall Purchase Price: Product Subtotal: ShippingMethod: $8,613.92 $8,613.92 $0.00 $0.00 $0.00 LTL 5 DAY OR LESS (*Amount denoted in $) Order this quote easily online through your Fre Tier page, or if you do not have Premier, using Quote to `der .................. Statement of Conditions The information in this document is believed to be accurate. However, Dell assumes no responsibility for inaccuracies, errors, or omissions, and shall not be liable for direct, indirect, special, incidental, or consequential damages resulting from any such error or omission. Dell is not responsible for pricing or other errors, and reserves the right to cancel orders arising from such errors. Dell may make changes to this proposal including changes or updates to the products and services described, including pricing, without notice or obligation. Terms of Sale This quote is valid for 30 days unless otherwise stated. Unless you have a separate written agreement that specifically applies to this order, your order will be subject to and governed by the following agreements, each of which are incorporated herein by reference and available in hardcopy from Dell at your request: file:II1C:/UserslstevensmIAppDatalLocaUVlicrosoftlWindows/Temporary%20Internet%20..PaW6'tgk5f 636 14 Chassis Intrusion Switch (461-AAAX) 14 Small Form Factor Chassis Mainstream Heatsink (65watts) (412-AABL) 14 SHIP MTL,SYSM,OptiPlex SFF (340-ACGR) 14 No Accessories (461-AABV) 14 No DDPIESS Software (634 -BENZ) 14 PowerDVD Software not included (632-BBBJ) 14 Regulatory Label OptiPlex 3020 Small Form Factor (389-BDSE) 14 Intel Pentium Label (389-BDLI) 14 MicrosoMicrosoft(R) Office trial (658-BCSB) 14 Dell Digital Delivery Cirrus Client (340-AAUC) 14 Dell Client System Update (Updates latest Dell Recommended BIOS, Drivers, Firmware and Apps),OptiPlex (421-5334) 14 Thank you for buying Dell (421-9982) 14 Dell Data Protection System Tools Digital Delivery/DT (422-0008) 14 SW,MY-DELL,CRRS (422-0052) 14 Visit www.dell.com/encryption (632-BBBZ) 14 Thank you for buying Dell (632-BBCB) 14 Adobe Reader 11 (640-BBDF) 14 Dell Data Protection I Protected Workspace (640-BBEV) 14 Enable Low Power Mode (658-BBMQ) 14 Waves Maxx Audio (658-BBNH) 14 No Anti -Virus Software (650-AAAJ) 14 Shipping*Totall Purchase Price: Product Subtotal: ShippingMethod: $8,613.92 $8,613.92 $0.00 $0.00 $0.00 LTL 5 DAY OR LESS (*Amount denoted in $) Order this quote easily online through your Fre Tier page, or if you do not have Premier, using Quote to `der .................. Statement of Conditions The information in this document is believed to be accurate. However, Dell assumes no responsibility for inaccuracies, errors, or omissions, and shall not be liable for direct, indirect, special, incidental, or consequential damages resulting from any such error or omission. Dell is not responsible for pricing or other errors, and reserves the right to cancel orders arising from such errors. Dell may make changes to this proposal including changes or updates to the products and services described, including pricing, without notice or obligation. Terms of Sale This quote is valid for 30 days unless otherwise stated. Unless you have a separate written agreement that specifically applies to this order, your order will be subject to and governed by the following agreements, each of which are incorporated herein by reference and available in hardcopy from Dell at your request: file:II1C:/UserslstevensmIAppDatalLocaUVlicrosoftlWindows/Temporary%20Internet%20..PaW6'tgk5f 636 Page 215 of 636 Quote Summary_716354172 Date: 10/1/2015 ■ Customer #: Contract #: Quote Date: Customer Name: 7165 172 61622 WN08AGW 43211500- -15-ACS 10/01/2015 CITY OF BOYNTON BEACH Thanks for choosing Dell! Your quote is detailed below; please review the quote for product and informational accuracy. If you find errors or desire certain changes please contact your sales professional as soon as possible. Sales Professional Information SALES : C A L - 1800-4563355 Email C " .Ferre Vel @061 com Phone 5139886 r * a Description Quantity OptiPlex 3020 Small Form Factor CTO (210-ABIX) 26 81313 (2x4G) 1600MHz DDR3 Memory (370-AADC) 26 US English (QWERTY) Dell KB212-B QuietKey USB Keyboard Black (580-AAQX) 26 Display Not Included (480-ABFW) 26 Intel Integrated Graphics, Dell OptiPlex (490-BBFG) 26 No Wireless LAN Card (555-BBNI) 26 3.5 inch 50OGB 7200rpm Hard Disk Drive (400 -RANO) 26 Windows 7 Professional English 64bit (Includes Windows 8.1 Pro license) (536-BBBL) 26 US Order (332-1286) 26 OptiPlex 3020 Small Form Factor Chassis w/ up to 90 Percent Efficient PSU (EPA V2) (329- BCJW) 26 Dell Logitech USB Optical Mouse (570-AADU) 26 No ESTAR (387- ) 26 8X Slimline DVD+1-RW drive (429-AAJU) 26 Internal Dell Business Audio Speaker (520-AABP) 26 Thank You for Choosing Dell (555-BBNG) 26 System Power Cord (Philipine/TH/US) (450-AAOJ) 26 Windows 8.1 DVD OS Recovery(English) (620 AASU) 26 Dell Backup and Recovery Basic (637AAAS) 26 Desktop BTO Standard shipment (800-BBIO) 26 Not Selected in this Configuration (817-BBBL) 26 Kace K1000 Express (525-0057) 26 Safety/Environment and Regulatory Guide (English/French/Dutch) (340-AGIK) 26 Dell Limited Hardware Warranty Plus Service (803-8583) 26 Onsite Service After Remote Diagnosis 3 Years (803-8590) 26 Management Engine (340-AGMO) 26 Dell 23 Monitor - P2314H (480-ABMH) 26 No Diagnostic/Recovery CD media (340-ABJI) 26 No Quick Reference Guide (340-ABK'VV) 26 Intel Pentium G3250 (Dual Core 3.2GHz 3MB w/HD Graphics) (338-BGOX) Page Iof3 Quote S _716354172 No DDPE Encryption Software (954-3465) 26 Chassis Intrusion Switch (461-AAAX) 26 Small Form Factor Chassis Mainstream Heatsink (65watts) (412-AABL) 26 SHIP MTL,SYSM,OptiPlex SFF (340-ACGR) 26 No Accessories (461 AABV) 2 No DDPIESS Software (634 -BENZ) 26 PowerDVD Software not included (632-BBBJ) 26 Regulatory Label OptiPlex 3020 Small Form Factor (389-BDSE) 26 Intel Pentium Label (389-BDLI) 26 MicrosoMicrosoft(R) Office trial (658-BCSB) 26 Dell Digital Delivery Cirrus Client (340-AAUC) 26 Dell Client System Update (Updates latest Dell Recommended BIOS, Drivers, Firmware and Apps),OptiPlex (421-5334) 2 Thank you for buying Dell (421-9982) 2 Dell Data Protection System Tools Digital Delivery/DT (422-0008) 2 SW,MY-DELL,CRRS (422-0052) 2 Visit www.dell.com/encryption (632-BBBZ) 2 Thank you for buying Dell (632-BBCB) 2 Adobe Reader 11 (640-BBDF) 2 Dell Data Protection I Protected Workspace (640-BBEV) 2 Enable Low Power Mode (658-BBMQ) 26 Waves Maxx Audio (658-BBNH) 26 No Anti -Virus Software (650-AAAJ) 2 Shipping*Total Purchase Price— Product Subtotal: Shipping Method: Page 2 of 3 $20,422.22 $20,422.22 $0.00 $0.00 $0.00 LTL 5 DAY OR LESS (*Amount denoted in $) Order this quote easily online through your Premier page, or if you do not have Premier, using Quote to Statement of Conditions The information in this document is believed to be accurate. However, Dell assumes no responsibility for inaccuracies, errors, or omissions, and shall not be liable for direct, indirect, special, incidental, or consequential damages resulting from any such error or omission. Dell is not responsible for pricing or other errors, and reserves the right to cancel orders arising from such errors. Dell may make changes to this proposal including changes or updates to the products and services described, including pricing, without notice or obligation. Terms of Sale This quote is valid for 30 days unless otherwise stated. Unless you have a separate written agreement that specifically applies to this order, your order will be subject to and governed by the following agreements, each of which are incorporated herein by reference and available in hardcopy from Dell at your request: file:11/C:UserslstevensmlAppDatalLocaVMicrosoftlWindowsITemporary%20Internet%20..PaW&2916f 636 Page 219 of 636 111 11111 1 IRIFIRIVIV !'I IIIIIIII HoLrWda De_partment of IManaqt .. . .en..t.....S........ervices >Bu ssu D.e ..r.a......o..n.. > State Purch >Vendor Information > State Contracts and Aareements > Alternate Contract Source > Computer Equipment, Peripherals & Services << Return Effective Period 10/01/2015 through 03/31/2017 Contract Type Alternate Contract Source How to Use this Alternate Contract Source Contract Information agdgcts Categories Ust • Contractors Master Gree ants Contract Documents Contract Administration (850) 921-9231 *!Jugsj�tin.nto �dms, Commodity Codes UNSPSC-43211500, UNSS- 43211600, UNSPSC-432119001 Description This alternate contract source (ACS) authorizes the use of the National Association of State Procurement Officials' ValuePoint Pro'!,Xam TNASPO ValuePomnt-i Co yuter awarded by the State of Minnesota. • This contract is available only for products not on state term contracts. • WSCA participating addendurns are entered on behalf of governmental entities in Florida for Ace, Apple, ByteSpeed, Clara, Cisco, Computer Technology Link, Dell, EMC, Firefly, Fujitsu, HP Inc., HP Enterprise, Hitachi, Howard, IBM, Lenovo, M&A Technology, Microsoft, Microtech, NetApp, Nimble, Panasonic, Pure Storage, Samsung, Tegile, Tintri, Transource, and Xiotech. littp://www.dms.myflorida.com/business,_operations/state ortnation/state contrafla _purchasing/vendor—inf _gB 21WI(2f/M * STATE OF MINNESOTA Materials Management Division ��50� 112 Administration Building 50 Sherburne Avenue "••� St. Paul, MN 55155 DEPARTMENT OF ADMINISTRAT)ON Voice: 651.296.2600 Fax: 651.297.3996 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD WITH DELL MARKETING, L.P. FOR COMPUTER EQUIPMENT: (Desktops, Laptops, Tablets, Servers and Storage including Related Peripherals & Services) To: Dell Marketing L. P. CONTRACT NO: MNWNC-108 One Dell Way $" Mailstop 8707 RiZ j— 33 Round Rock, TX 78682 ;�,Z0�®/sCONTRACT PERIOD: April 1, 2015, or upon final Contract Vendor Administrator: Diane executed signatures, Wigington whichever is later Email: Diane Wig inptonCo-l.dell.com THROUGH March 31, 2017 Phone -7(512) 728-4805 EXTENSION OPTION: UP TO 36 MONTHS You are hereby notified that your response to our solicitation, which opened January 31, 2014, is accepted. The following documents, in order of precedence, are incorporated herein by reference and constitute the entire Contract between you and the State: 1. A Participating Entity's Participating Addendum ("PA") A Participating Entity's Participating Addendum shall not diminish, change, or impact the rights of the Lead State with regard to the Lead State's contractual relationship with the Contract Vendor under the Terms of Minnesota WSCA-NASPO Master Agreement.; 2. Minnesota WSCA-NASPO Master Agreement (includes negotiated Terms and Conditions); 3. The Solicitation; and 4. the Contract Vendor's response to the Solicitation. These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. 1. DELL MARKETING L. P. The Contractor certifies that the appropriate person(s) have executed this Agreement on behalf of the Contractor as required by a le articl bylaws, resp tions, or ord'nances. By: �d SteDhanie G. Miller rumen name iY v TiSe: Contract Mjai�nagerS /�m II)( Date: Ito f .IJrr/� tM T � V � ✓ _ By. - Title: Date: 2. MINNESOTA MATERIALS MANAGEMENT DIVISION In accordance with Minn. Stat. 16C 3, subd. 3. By: . Title: Master Mreement Administrator Date: 3. MINNESOTA COMMISSIONER OF ADMINISTRATION Or delegated representative. By: Date: Originalsigned MAR 0 3 2015 By Lucas J. Janneit CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 221 of 636 COMPUTER EQUIPMENT ..�� livnesn)w 2014-2019 DEPARTMENT OF AUMMI:STRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD TABLE OF CONTENTS TABLEOF CONTENTS........................................................ ................ ........................................... ..................................... 2 SUMMARY.......................................................................................................................................................................... 3 EXHIBITA - TERMS & CONDITIONS................................................................................................................................ 5 EXHIBITB - PRICING.......................................................................................................................................................24 EXHIBITB - PRICING SCHEDULE..................................................................................................................................26 EXHIBIT C - PRODUCT AND SERVICE SCHEDULE (PSS)...........................................................................................27 EXHIBITD - WEBSITE.. .........................................................................................:...............................-....................... 28 EXHIBIT E - ACTION REQUEST UPDATE FORM (ARF)................................................................................................29 EXHIBITF - REPORTING................................................................................................................................................. 31 EXHIBITG - DEFINITIONS .................................. ..... .................................. ..... .............................. ..... I............................. 32 2 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 222 of 636 COMPUTER EQUIPMENT 2014-2019 DEPARTMENT OF ADMMISTRArlON MINNESOTA WSCA-�NASPO MASTER AGREEMENT AWARD SUMMARY 1. BACKGROUND. The State of Minnesota, Department of Administration, Materials Management Division publicly posted a Request for Proposal on behalf of the State of Minnesota and WSCA-NASPO Cooperative Procurement Program ("WSCA-NASPO") resulting in a Master Agreement Award, After evaluation by a multi—state sourcing team the solicitation resulted in this Minnesota WSCA-NASPO Master Agreements with qualified manufacturers for: Computer Equipment (Desktops, Laptops, Tablets, Servers, and Storage including related Peripherals & Services. The original solicitation contains the requirements and definitions establishing the following Product Bands allowed on the Master Agreement. The configuration limits and restrictions for this Master Agreement are provided below. Participating Entities may revise these in their Participating Addendum. Bands awarded are identified below: Band 1: Desktop Band 3: Tablet Band 5: Storage Band 2: Laptop Band 4: Server The original solicitation included Band 6: Ruggedized. This band has been removed and ruggedized equipment will be allowed in Bands 1-5. The original solicitation and responses may be found on the WSCA-NASPO Website. 2. EFFECTIVE DATE: The Master Agreement contract term will begin on April 1, 2015, or upon final executed signatures, whichever is later, through March 31, 2017 with the option to extend up to 36 months, upon agreement by both parties. Contract Sales may not begin until the Website, Product and Service Schedule and third party products have been approved by the Master Agreement Administrator. 3. PARTICIPATION. All authorized governmental entities in any State are welcome to use the: resulting Master Agreements through WSCA-NASPO with the approval of the State Chief Procurement Official. Contract Vendors are able to sign Participating Addendums (PA) at the option of Participating States. Participating States reserve the right to:add State specific terms and conditions and modify the scope of the contract in their Participating Addendum as .allowed by the Master Agreement. 4. CONFIGURATION DOLLAR LIMITS. The following configuration limits apply to the Master Agreement. Participating States may define their configuration limits in their participating addendum. The Participating State's Chief Procurement Official may increase or decrease the configuration limits, as defined in their Participating Addendum. The Participating State will determine with the Contract Vendor how to approve these modifications to the State's Product and Service Schedule. The dollar limits identified below are based on a SINGLE computer configuration. This is NOT a restriction on the purchase of multiple configurations (e.g. an entity could purchase 10 laptops @ $10,000 for a total purchase price of $100,000). ' ITEM CONFIGURATION* Server $500,000 Storage $500,000 Desktops $ 10,000 Laptops $ 10,000 Tablets $ 5,000 Peripherals $ 5,000 Services Addressed by each State in participating addendum * Configuration is defined as the combination of hardware and software components that make up the total functioning system. Software purchases are considered a part of the configuration limit of the equipment. 3 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. R Page 223 of 636 5. RESTRICTIONS. The following restrictions apply to the Master Agreement. A Participating State may set further restrictions of products in their Participating Addendum. The. Participating State will determine with the Contract Vendor how to approve these modifications to the State's Product and Service Schedule. a. Software 1. Software is restricted to operating systems and commercial off-the-shelf (COTS) software and is subject to equipment configuration limits. 2. Software is an option which must be related to. the procurement of equipment. 3. Software must be pre -loaded or provided as an electronic link with the initial purchase of equipment. 4. Software such as middleware which is not always installed on the equipment, but is related to storage and server equipment (Band 4&5) purchased, is allowed and maybe procured after the initial purchase of equipment. b. Services 1. Services must be related to the procurement of equipment. 2. Service limits will be addressed by each State. 3. Wireless phone and internet service is not allowed. 4. Cloud Services including acquisitions structured as managed on-site services are not allowed. 5. Managed Print Services are not allowed. c. Third Party Products. 1. Contract Vendors can only offer Third Party Products in the bands they have been awarded. 2. Contract Vendor cannot offer products manufactured by another Contract Vendor holding a Minnesota WSCA-NASPO Master Agreement unless approved by the Lead State. d. Additional Product/Services 1. Hardware and software required to solely support wide area network (WAN) operation and management are not allowed. 2. Lease/Rentals of equipment may be allowed and will be addressed by each State. 3. Cellular Phone Equipment is not allowed. 4. EPEAT Bronze requirement may be waived, on a State case by case basis, if approved by the State's Chief Procurement Officer. S. PARTNER UTILIZATION: Each state represented by WSCA-NASPO that chooses to participate in this Master Agreement independently has the option of utilizing partners. Only partners approved by the Participating -State may be deployed. The participating State will define the process to add and remove partners in their participating addendum. CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 224 of 636 COMPUTER EQUIPMENT 2014-2019 DEPARTMENT OF ADM1NISTRAT)ON MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT A - TERMS & CONDITIONS MASTER AGREEMENT TERMS AND CONDITIONS A. GENERAL TERMS, CONDITIONS & INSTRUCTIONS 1. ACCEPTANCE OF TERMS AND CONDITIONS. The contents of the RFP and the response of the successful responder will become Master Agreement contractual obligations, along with the final Master Agreement, if acquisition action ensues. A statement of acceptance of the proposed Contract Terms and Conditions, unless taken exception to, as specified in the RFP. must be included in the response. Any suggestions for alternate language shall be presented. The Lead State is under no obligation to accept wording changes submitted by the responder. The Lead State is solely responsible for rendering decisions in matters of interpretation on all terms and conditions. Any response which fails to comply with this requirement may be disqualified as nonresponsive. All general proposal terms, specifications and WSCA-NASPO Terms:&Conditions form apart of this RFP and will apply to any Master Agreements entered into as a result thereof. 2. CONFLICT OF TERMS/ORDER OF PRECEDENCE: a. A Participating Entity's Participating Addendum ("PA"); b. Minnesota WSCA-NASPO Master Agreement (includes negotiated Terms & Conditions) c. The Solicitation including all Addendums; and d. Contract Vendor's response to the Solicitation These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priorityto these documents in the order listed above. Contract Vendor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to the Master Agreement as an Exhibit or Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contract Vendor's response to the Solicitation, or terms listed or referenced on the Contract Vendor's website, in the Contract Vendor quotation/sales order or in similar documents subsequently provided by the Contract Vendor. The solicitation language prevails unless a mutually agreed exception has been negotiated. 3. ADDENDA TO THE RFP. Any addendum issued will become a part of the RFP. The Lead State may modify or clarify the RFP by issuing one or -more addenda to all parties who have received the RFP. Each responder must follow the directions on the addendum. Addenda will be numbered consecutively in the order they are issued. 4. AWARD. The award of this solicitation will be based upon the total accumulated points as established in the RFP, for separate items, by grouping items, or by total lot, and where at its sole discretion the Lead State believes it will receive the best value. The Lead State reserves the right to award this solicitation to a single responder, or to multiple responders, whichever is in the best interest of the Lead State. it is the State's intent to award to multiple responders. The Lead State reserves the right to accept all or part of an offer, to reject all offers, to cancel the solicitation, or to re- issue the solicitation, whichever is in the best interest of the Lead State. The Sourcing Team will make a recommendation on the award of this RFP. The commissioner of Administration or designee may accept or reject the recommendation of the Sourcing Team. The final award decision will be made by the Commissioner of Administration and the WSCA-NASPO Management Board. 5. CLARIFICATION. If a responder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in the RFP, the responder shall immediately notify the Acquisition Management Specialist in writing, as CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 225 of 636 specified in the introduction, of such error and request modification or clarification of the document. This notification is due no later than seven calendar days prior to the proposal due date and time. Responders are cautioned that any activity or communication with a State employee or officer, or a member of the Evaluation Team, regarding this Solicitation's contents or process, is strictly prohibited and may, as a result, have its response rejected. Any communication regarding this Solicitation, its content or process, must be directed to the Acquisition Management Specialist listed in the Solicitation documents. 6. COMPLETION OF RESPONSES. A response may be rejected if it is conditional or incomplete. Responses that contain conflicting, false, or misleading statements or that provide references that contradict or do not support an attribute or condition stated by the responder, may be rejected. 7. MASTER AGREEMENT ADMINISTRATOR. The Master Agreement Administrator designated by.WSCA-NASPO and the State of Minnesota, Department of Administration is: Susan Kahle. Direct all correspondence and inquiries, legal questions, general issues, or technical issues regarding this RFP to: Susan Kahle Acquisition Management Specialist Department of Administration Materials Management Division 50 Sherburne Avenue 112 Administration Building St. Paul, MN 55155 Fax: 651.297.3996 E-mail: susan.kahleostate.mn.us 8. DISPOSITION OF DATA SUBMITTED BY CONTRACT VENDOR. All materials submitted in response to this RFP will become property of the Lead State and will become public record after the evaluation process is completed. The evaluation process is complete when negotiations with the selected. vendors are final. By executing this Contract; the Contract Vendor certifies and agrees that all information provided in the Contract and in response to the solicitation will be made.public in accordance with the solicitation and that no information has been designated Trade Secret pursuant to the Minnesota Government Data Practices Act. If the Contract Vendor submits information after execution of this Contract. that it believes to be trade secret materials, as defined by the Minnesota Government Data Practices Act, Minn. Stat. § 13.37, the Contract Vendor must: a. clearly mark all trade secret materials at the time the information is submitted; b. include a statement with regard to the information justifying the trade secret designation for each item; and, c. defend any action seeking release of the materials it believes to be trade secret, and indemnify and hold harmless the Lead State, its agents and employees, from any judgments awarded against the Lead State in favor of the party requesting the materials, and any and all costs connected with that defense. This indemnification survives the Lead State's award of a Master Agreement. In submitting: a response to the RFP, the responder agrees that this indemnification survives as long as the trade secret materials are in possession of the Lead State. The Lead State will not consider the prices submitted by the responder to be trade secret materials. 9. DISPUTE RESOLUTION PROCEDURES. Any issue a responder has with the RFP document, which includes, but is not limited to, the terms, conditions, and specifications, must be submitted in writing to and received by the Master Agreement Administrator prior to the opening due date and time. Any issue a responder has with the Master Agreement award must be submitted in writing to the Master Agreement Administrator within five working days from the time the notice of the intent to award is issued. This notice may be made by any of the following methods: notification by letter, fax or email, or posted on the Materials Management website, www.mmd.adrnin.state.mn.us. The Lead State will respond to any protest received that follows the above procedure. For those protests that meet the above submission requirements, the appeal process is, in sequence: The responsible Master Agreement Administrator, the Materials Management Division (MMD) Assistant Director, and the MMD Director. 10. ELECTRONIC FILES TO DOWNLOAD, COMPLETE, AND RETURN. Responders must download a Word/Excel document. 11. ENTIRE AGREEMENT. A written Master Agreement (including the contents of this RFP and selected portions of Contract Vendor's response incorporated therein by reference) and any written addenda thereto constitute the entire agreement of the parties to the Master Agreement. CONTRACT NO. MNWNC-908 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 226 of 636 12. IRREVOCABLE OFFER. In accordance with this Request for Proposal, and subject to all conditions thereof, the undersigned agrees that its response to this RFP, or any part thereof, is an irrevocable offer for 180 days following the submission deadline date unless stated otherwise in the RFP. it is understood and agreed that the response, or any part.thereof, when accepted by the appropriate :department and State officials in writing, may become part of a legal and binding Master Agreement between the undersigned vendor and the State of Minnesota. 13. MATERIAL DEVIATION. A responder shall be presumed to be in agreement with these terms and conditions unless it takes specific exception to one or more of the conditions. Submission by the responder of its proposed language shall not be viewed as an exception unless the responder specifically states in the response that its proposed changes are intended to supersede the terms and conditions. RESPONDERS ARE CAUTIONED THAT BY TAKING ANY EXCEPTION THEY MAY BE MATERIALLY DEVIATING FROM THE REQUEST FOR PROPOSAL. IF A RESPONDER MATERIALLY DEVIATES FROM THE GENERAL. TERMS, CONDITIONS AND INSTRUCTIONS OR THE WSCA-NASPO TERMS AND CONDITIONS AND/OR SPECIFICATIONS, ITS RESPONSE MAYBE REJECTED. A material deviation is an exception to the Request for Proposal general or WSCA-NASPO terms and conditions and/or specifications that: a. gives the responder taking the exception a competitive advantage over other vendors; or, b. gives the Lead State something significantly different from that which the Lead State requested. 14. NONRESPONSIVE RESPONSES. Responses that do not comply with the provisions in the RFP may be considered nonresponsive and may be rejected. 15. NOTICES. If one party is required to give notice to the other under the Master Agreement, such notice shall be in writing and shall be effective upon receipt. Delivery may be by certified United States mail or by hand, in which casea signed receipt shall be obtained. A facsimile transmission shall constitute sufficient. notice, provided the receipt of the transmission is confirmed by the receiving party. Either party must notify the other of a change in address for notification purposes. All notices to the. Lead State shall be addressed as follows: STATE OF MINNESOTA: MN WSCA-NASPO COMPUTER EQUIPMENT CONTRACT ADMINISTRATOR 112 Administration Bldg. 50 Sherburne Avenue St. Paul, MN 55155 651-296-2600 CONTRACT No. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 227 of 636 MASTER AGREEMENT TERMS AND CONDITIONS B. WSCA-NASPO TERMS AND CONDITIONS 1. ADMINISTRATIVE FEES. The Contract Vendor shall pay a WSCA-NASPO Administrative Fee of one-tenth of one percent (0.1 % or 0.001) in accordance with the Terms and Conditions of the Master Agreement no later than 60 days following the end of each calendar quarter. The WSCA-NASPO Administrative Fee shall be submitted quarterly and is based on sales of products and services (less any charges for taxes or shipping). The WSCA-NASPO Administrative Fee is not negotiable. This fee is to be included as part of the pricing submitted with proposal. Additionally, some states may require an additional fee be paid directly to the state on purchases made by Purchasing Entities within that state. For all such requests, the fee level, payment method and schedule for such reports and payments will be incorporated into the Participating Addendum that is made a part of the Master Agreement. The Contract Vendor may adjust the Master Agreement pricing accordingly for purchases made by Purchasing Entities within the jurisdiction of the state. All such agreements may not affect the WSCA-NASPO Administrative Fee or the prices paid by the Purchasing Entities outside the jurisdiction of the state requesting the additional fee. 2. AGREEMENT ORDER OF PRECEDENCE. The Master Agreement shall consist of the following documents: a. A Participating Entity's Participating Addendum ("PA"); b. Minnesota WSCA-NASPO Master Agreement (includes negotiated Terms and Conditions) c. The Solicitation including all addendums; and d. Contract Vendor's response to the Solicitation These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in theorder listed above. Contract Vendor terms and conditions that apply to this Master Agreement are only those that are expresslyaccepted by the Lead State and must be in writing and attached to this Master Agreement as an Exhibit or Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contract Vendor's response to the Solicitation, or terms listed or referenced on the Contract Vendor's website, in the Contract Vendor quotation/sales order or in similar documents subsequently provided by the Contract Vendor, The solicitation language prevails unless a..rnutually agreed exception has been negotiated. 3. AMENDMENTS. The terms of this Master Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever without prior written approval of the WSCA-NASPO Master Agreement Administrator. 4. ASSIGNMENT OF ANTITRUST RIGHTS. Contract Vendor irrevocably assigns to:a Participating Entity any claim for relief or cause of action which the Contract Vendor now has orwhich .may accrue to the Contract Vendor in the future by reason of any violation of state or federal antitrust laws (15 U.S.C. § 1-15 or a Participating Entity's state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any goods or services provided to the Contract Vendor for the purpose of carrying out the Contract Vendor's obligations under this Master Agreement or Participating Addendum, including, at a Participating Entity's option, the right to control any such litigation on such claim for relief or cause of action. S. ASSIGNMENT/SUBCONTRACT. Contract Vendor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this Master Agreement, in whole or in part, without the prior written approval of the WSCA-NASPO Master Agreement Administrator. 6. CANCELLATION. Unless otherwise stated in the terms and conditions, any Master Agreement may be canceled by either party upon 60 days' notice, in writing, prior to the effective date of the cancellation. Further, any Participating Entity may cancel its participation upon 30 days written notice, unless otherwise limited or stated in the special terms and conditions of this solicitation or in the applicable Participating Addendum. Cancellation may be in whole or in part. Any cancellation under this provision shall not affect the rights and obligations attending orders outstanding at the time of cancellation, including any right of a Participating Entity to indemnification by the Contract Vendor, rights of payment for goods/services delivered. and accepted, and rights attending any warranty or default in performance in association with any order. Cancellation of the Master Agreement due to Contract Vendor default may be immediate if defaults cannot be reasonably cured as allowed per Default and Remedies term. 7. CONFIDENTIALITY NON -DISCLOSURE AND INJUNCTIVE RELIEF. NEGOTIATED. 7.1 Confidentiality. The parties acknowledges that they and their employees or agents may, in the course of providing the Product and Services under this Master Agreement, be exposed to or acquire information that is confidential . Any and all information of any form that is marked as confidential or would by its nature be deemed 8 CONTRACT NO. MNWNC-408 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 228 of 636 confidential obtained in the performance of this Master Agreement, including, but not necessarily limited to (a) any Participating Entity records, (b) personnel records, (c) information concerning individuals, (d) software, (e) product. plans, (f) marketing and sales information, (g) customer lists, and (h) "know-how," or trade secrets, is confidential information ("Confidential Information"). Any reports or other documents or items (including software) that result from the use of the Confidential Information shall be treated in the same manner as the Confidential Information. Confidential Information does not include information that (a) is or becomes (other than.by disclosure by disclosing party) publicly known; (b) is rightfully furnished by the disclosing party to others without restrictions similar to those imposed by this Master Agreement; (c) is rightfully in recipient party's possession without the obligation of nondisclosure prior to the time of its disclosure under this Master Agreement; (d) is obtained from a source other than disclosing party without the obligation of confidentiality, (e) is disclosed with the written consent of disclosing party or; (f) is independently developed by employees, agents or subcontractor of the parties who can be shown to have had no access to the Confidential Information 7.2 Non -Disclosure. The parties shall hold Confidential Information in confidence, using at least the industry standard of confidentiality, and not to copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than the performance of this Master Agreement, and to advise each of its employees and agents of their obligations to keep Confidential Information confidential. The parties shall use commercially reasonable efforts in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the generality of the foregoing, parties shall advise each other immediately if they learn or have reason to believe that any person who has had access to:Confidential Information has violated or intends to violate the terms of this Master Agreement and shall at their expense cooperate in seeking injunctive or other equitable relief against any such person. Except as directed in writing , the parties will not at any time during or after the term of this Master Agreement disclose, directly or indirectly, any Confidential Information to any person, except in accordance with this Master Agreement, and that upon termination of this Master Agreement the parties shall turn over all documents, papers, and other matter in the recipient party's possession that embody Confidential Information.: Notwithstanding the foregoing, the recipient party may keep one copy of such Confidential Information necessary for quality assurance, audits and evidence of the performance of this Master Agreement. 7.3 Irniunctive Relief. The parties acknowledge that breach of this Section, including disclosure of any Confidential Information, may cause irreparable injury that is inadequately compensable in damages. Accordingly, the injured party may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. The parties acknowledge and agree that the covenants contained herein are necessary for the protection of the legitimate business interests and are reasonable in scope and content. 7.4 Participating Entity, is agreeing to the above language to the extent is not in conflict with Participating Entities public disclosure laws. 8. DEBARMENT. The Contract Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded from participation in this transaction (Master Agreement) by any governmental department or agency. If the Contract Vendor cannot certify this statement, attach a written explanation for review by WSCA-NASPO. In any order against this Master Agreement for a requirement established by a Purchasing Entity that discloses the use of federal funding, to the extent another form of certification is not required by a Participating Addendum or the order of the Purchasing Entity, the Contractor's quote represents a recertification consistent with the terms of paragraph 8, Section 2D, Minnesota Terms and.Conditions. DEFAULTS & REMEDIES. a. The occurrence of any of the following events shall be an event of default under this Master Agreement: i. Nonperformance of contractual requirements; or ii. A material breach of any term or condition of this Master Agreement; or iii. Any representation or warranty by Contract Vendor in response to the solicitation or in this Master Agreement proves to be untrue or materially misleading; or iv. Institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contract Vendor, :or the appointment of a receiver or similar officer for Contract Vendor or any of its property, which is not vacated or fully stayed within thirty (30) calendar days after the institution or occurrence thereof; or v. Any default specified in another section of this Master Agreement. b. Upon the occurrence of an event of default, Lead State shall issue a written notice of default, identifying the nature of the default, and providing a period of 30 calendar days in which Contract Vendor shall have an opportunity to cure the default. The Lead State shall not be required to provide advance written notice or a cure period and may immediately terminate this Master Agreement in whole or in part if the Lead State, in its sole CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 229 of 636 discretion, determines that it is reasonably necessary to preserve public safety or prevent immediate public crisis. Time allowed for cure shall not diminish or eliminate Contract Vendor's liability for damages, including liquidated damages to the extent provided for under this Master Agreement. If Contract Vendor is afforded an opportunity to cure and fails to cure the default within the period specified in the written notice of default, Contract Vendor shall be in breach of its obligations under this Master Agreement and Lead State shall have the right to exercise any or all of the following remedies: i. Exercise any remedy provided by law; and ii Terminate this Master Agreement and any related Master Agreements or portions thereof; and iii Impose liquidated damages as provided in this Master Agreement; and iv. Suspend Contract Vendor from receiving future bid solicitations; and v. Suspend Contract Vendor's performance; and vi. Withhold payment until the default is remedied. In the event of a default under a Participating Addendum, a Participating Entity shall provide a written notice of default as described in this section and have all of the rights and remedies under this paragraph regarding its participation in the Master Agreement, in addition to those set forth in its Participating Addendum. Unless otherwise specified in a Purchase Order, a Purchasing Entity shall provide written notice of default as described in this section and have all of the rights and remedies udder this paragraph and any applicable Participating Addendum with respect to an Order placed by the Purchasing Entity. Nothing in these Master Agreement Terms and Conditions shall be construed to limit the rights and remedies available to a Purchasing Entity under the applicable commercial code. 10. DELIVERY. Unless otherwise indicated in the Master Agreement, the prices are the delivered price to any Purchasing Entity. All deliveries shall be F.O.B. destination with all transportation and handling charges paid by the Contract Vendor. Additional delivery charges will not be allowed for back orders. 11. FORCE MAJEURE. Neither panty to this Master Agreement shall be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party's reasonable control. The WSCA-NASPO Master Agreement Administrator may terminate this Master Agreement after determining such delay or default will reasonably prevent successful performance of the Master Agreement 12. GOVERNING LAW. This procurement and the resulting agreement shall be governed by and construed in accordance with the laws of the Lead State sponsoring and administering the procurement. The construction and effect of any Participating Addendum or order against:the Master Agreements shall be governed: by and construed in accordance with the laws of the Participating Entity's State. Venue for any claim, dispute or action concerning an order placed against the Master Agreements or the effect of a Participating Addendum shall be in the Purchasing Entity's State. 13. INDEMNIFICATION. DELETED SEE SECTION 2C17. 14. INDEMNIFICATION —INTELLECTUAL PROPERTY. DELETED SEE SECTION 2C17. 15. INDEPENDENT CONTRACT VENDOR. The Contract Vendor shall be an independent Contract Vendor, and as such shall have no authorization, express or implied to bind WSCA-NASPO or the respective states to any agreements, settlements, liability or understanding whatsoever, and agrees not to perform any acts as agent for WSCA-NASPO or the states, except as expressly set forth herein. 16. INDIVIDUAL CUSTOMER. Except to the extent modified by a Participating Addendum, each Participating Entity shall follow the terms and conditions of the Master Agreement and applicable Participating Addendum and will have the same rights and responsibilities for their purchases as the Lead State has in the Master Agreement, including but not limited to, any indemnity or to recover any costs allowed in the Master Agreement and applicable Participating Addendum for their purchases. Each Purchasing Entity will be responsible for its own charges, fees, and liabilities. The Contract Vendor will apply the charges and invoice each Purchasing Entity individually. 17. INSURANCE. Except to the extent modified by a Participating Addendum, Contract Vendor shall, during the term of this Master Agreement, maintain in full force and effect, the insurance described in this section. Contract Vendor shall acquire such insurance from an insurance carrier or carriers licensed to conduct business in the Participating Entity's state and having a rating of A-, Class VII or better, in the most recently published edition of Best's Reports. Failure to buy and maintain the required insurance may result in this Master Agreement's termination or at a Participating Entity's option, result in termination of its Participating Addendum. 10 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 230 of 636 Coverage shall be written on an occurrence basis. The minimum acceptable limits shall be as indicated below, with no deductible for each of the following categories: a. Commercial General Liability covering the risks of bodily injury (including death), property damage and personal injury, including coverage for contractual liability, with a limit of not less than $1 million per occurrence/$2 million general aggregate; b. Contract Vendor must comply with any applicable State Workers Compensation or Employers Liability Insurance requirements. Contract Vendor shall pay.premiums on all insurance policies. Such policies shall also reference this. Master Agreement and shall have a condition that they not be revoked by the insurer until thirty (30) calendar days after notice of intended revocation thereof shall have been given to Participating Entity by the Contract Vendor. Prior to commencement of the work, Contract Vendor shall provide to the Participating Entity a written endorsement to the Contract Vendor's general liability insurance policy that (i) names the Participating Entity as an additional insured, (ii) provides that no material alteration, cancellation, non -renewal, or expiration of the coverage contained in such policy shall have effect unless the named Participating Entity has been given at least thirty (30) days prior written notice,.and (iii) provides that the Contract Vendor's liability insurance policy shall be primary, with any liability insurance of the Participating Entity as secondary and noncontributory. Contract Vendor shall furnish to Participating Entity copies of certificates of all required insurance within thirty (30) calendar days of the Participating Addendum's effective date and prior to performing any work. Copies of renewal certificates of all required insurance shall be furnished within thirty (30) days after renewal date. These certificates of insurance must expressly indicate compliance with each and every insurance requirement specified in this section. Failure to provide evidence of coverage may, at the Lead State Master Agreement Administrator's sole option, result in this Master Agreement's termination. Coverage and limits shall not limit Contract Vendor's liability and obligations under this Master Agreement. 18. LAWS AND REGULATIONS. Any and all supplies, services and equipment offered and furnished shall comply fully with all applicable Federal and State laws and regulations. 19. LICENSE OF PRE-EXISTING INTELLECTUAL PROPERTY. DELETED — SEE SECTION 21330 FOR REVISED -TERM ADDRESSING TITLE OF PRODUCT. 20. NO WAIVER OF SOVEREIGN IMMUNITY. The Lead State, Participating Entity or Purchasing Entity to the extent it applies does not waive its sovereign immunity by entering into this Contract and fully retains all immunities and defenses provided by law with regard to any action based on this Contract. If a claim must be brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court of the Participating Entity's State, 21. ORDER NUMBERS. Contract order and purchase order numbers shall be clearly shown on all acknowledgments,. shipping labels (if possible), packing slips, invoices, and on all correspondence. 22. PARTICIPANTS. WSCA-NASPO Cooperative Purchasing Organization LLC is not a party to the Master Agreement. It is a nonprofit cooperative purchasing organization assisting states in administering the WSCA/NASPO cooperative purchasing program for state government departments, institutions, agencies and political subdivisions (e.g., colleges, school districts, counties, cities, etc.,) for all 50 states and the District of Columbia. Obligations under this Master Agreement are limited to those Participating States who have signed a Participating Addendum where contemplated by the solicitation. Financial obligations of Participating States are limited to the orders placed by the departments or other state agencies and institutions having available funds. Participating States incur no financial obligations on behalf of political subdivisions. Unless otherwise specified in the solicitation, the resulting award will be permissive. 23. PARTICIPATION OF ENTITIES. Use of specific WSCA-NASPO cooperative Master Agreements by state agencies, political subdivisions and other entities (including cooperatives) authorized by individual state's.statutes to use state contracts are subject to the approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the respective State Chief Procurement Official, 24. PAYMENT. Payment for completion of an order under this Master Agreement is normally made within 30 days following the date the entire order is delivered or the date a correct invoice is received, whichever is later. After 45 days the Contract Vendor may assess overdue account charges up to a maximum rate of one percent per month 11 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 231 of 636 on the outstanding balance. Payments will be remitted by mail. Payments may be made via a State or political subdivision "Purchasing Card" with no additional charge, 25. PUBLIC INFORMATION. The Master Agreement and all related documents are subject to disclosure pursuant to the Participating Entity's public information laws. 26. RECORDS ADMINISTRATION AND AUDIT. The disclosure of records in Participating States relating to Participating addenda and orders: placed against the Master Agreement shall be governed by the laws of the Participating. State and entity who placed the order. The Contractor shall maintain books, records, documents, and other evidence pertaining to this Master Agreement and orders placed by Purchasing Entities under it to the extent and in such detail as shall adequately reflect performance and administration of payments and fees. Contractor shall permit the Lead State, a Participating Entity, a Purchasing Entity, the federal government (including its grant awarding entities and the U.S. Comptroller General), and any other duly authorized agent of a governmental agency, to audit, inspect, examine, copy and/or transcribe Contractor's books, documents, papers and records directly pertinent to this Master Agreement or orders placed by a Purchasing Entity under it for the purpose of making audits, examinations, excerpts, and transcriptions. This right shall survive for a period of five (5) years following termination of this Agreement or final payment for any order placed by a Purchasing Entity against this Agreement, whichever is later, to assure compliance with the terms hereof or to evaluate performance hereunder. Without limiting any other remedy available to any governmental entity, the Contractor shall reimburse the applicable Lead State,. Participating Entity, or Purchasing Entity for an overpayments inconsistent with the terms of the Master Agreement or orders or underpayment of fees found as a result of the examination of the Contractor's records. The rights and obligations herein right exist in addition to any quality assurance obligation in the Master Agreement requiring the Contractor to self -audit contract obligations and that permits the Lead State Master Agreement Administrator to review compliance with those obligations. Records will be retained longer if required by Participating Entity's law. 27. REPORTS - SUMMARY AND DETAILED USAGE. In addition to other reports that may be required by this . solicitation, the Contract Vendor shall provide the following WSCA-NASPO reports. a. Summary Sales Data. The Contractor shall submit quarterly sales reports directly to WSCA-NASPO using the WSCA-NASPO Quarterly Sales/Administrative Fee Reporting Tool found at http://www.naspo.or,q/WNCPO/Calculator.aspx. Any/all sales made under the contract shall be reported as cumulative totals by state. Even if Contractor experiences zero sales during a calendar quarter, a report is still required.. Reports shall be due no later than the last day of the month following the end of the calendar quarter (as specified in the reporting tool). b. Detailed Sales Data. Contract Vendor shall also report detailed sales data by: state; entity/customer type, e.g., local government, higher education, K12, non-profit; Purchasing Entity name; Purchasing Entity bill -to and ship -to locations; Purchasing Entity and Contract Vendor Purchase Order identifierinumber(s); Purchase Order Type (e.g., sales order, credit, return, upgrade, determined by industry practices); Purchase Order date; Ship Date; and line item description, including product number if used. The report shall be submitted in any form required by the solicitation. Reports are due on a quarterly basis and must be received by the Lead State no later than the last day of the month following the end of the reporting period. Reports shall be delivered to the Lead State and to the WSCA-NASPO Cooperative Development Team electronically through email; CD -Rom, jump drive or other electronic matter as determined by the Lead State. Detailed sales data reports shall include sales information for all sales under Participating Addenda executed under this Master Agreement. The format for the detailed sales data report is in Section 6, Attachment H. Reportable sales for the summary sales data report and detailed sales data report includes sales to employees for personal use where authorized by the Participating Addendum. Specific data in relation to sales to employees for personal use to be defined in the final contract award to ensure only public information is reported. d. Timely submission of these reports is a material requirement of the Master Agreement. The recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and WSCA-NASPO 12 CONTRACT No. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 232 of 636 shall have a perpetual, irrevocable, non-exclusive, royalty free, transferable right to display, modify, copy, and otherwise use reports, data and information provided under this section. 28. ACCEPTANCE AND ACCEPTANCE TESTING. A. Acceptance. Purchasing Entity (the entity authorized under the terms of any Participating Addendum to place orders under this Master Agreement) shall determine whether all Products and Services delivered meet the Contractor's published specifications (a.k.a. "Specifications"). No payment shall be made for any Products or Services until the Purchasing Entity has accepted the Products or Services. The Purchasing Entity will make every effort to notify the.Contractor within thirty (30) calendar days following delivery of non-acceptance of a Product or completion of Service. In the event that the Contractor has not been notified within 30 calendar days from delivery of Product or completion of Service, the Product and Services will be deemed accepted on the 315' day after delivery of Product or completion of Services. This clause shall not be applicable, if acceptance testing and corresponding terms have been mutually agreed to by both parties in writing. B. Acceptance Testing. The Purchasing Entity (the entity authorized under the terms of any Participating Addendum to place orders under this Master Agreement) and the Contract Vendor shall determine if Acceptance Testing is applicable and/or required for the purchase. The terms in regards to acceptance testing will be negotiated, in writing, as mutually agreed. If Acceptance Testing is NOT applicable, the terms regarding Acceptance in the Contract shall prevail. 29. SYSTEM FAILURE OR DAMAGE. In the event of system failure or damage caused by the Contract Vendor or its Product, the Contract Vendor agrees to use its commercially reasonable efforts to restore or assist in restoring the system to operational capacity. The Contract Vendor shall be responsible under this provision to the extent a 'system' is defined at the time.of the Order; otherwise the rights of the Purchasing Entity shall be governed. by the Warranty. 30. TITLE OF PRODUCT. NEGOTIATED. OWNERSHIP Ownership of Documents/Copyright. Any reports, studies, photographs, negatives, databases, computer programs, or other documents, whether in tangible or electronic forms, prepared by the Contract Vendor in the performance of its obligations under the Master Agreement and paid for by the Purchasing Entity shall be the exclusive property of the Purchasing Entity and all such material shall be remitted to the Purchasing Entity by the Contract Vendor upon completion, termination or cancellation of the Master Agreement. The Contract Vendor shall not use, willingly allow or cause to allow such material to be used for any purpose other than performance of the Contract Vendor's obligations under this Master Agreement without the prior written consent of the Purchasing Entity. Rights, Title and Interest. All rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trade marks, and service marks in the said documents that the Contract Vendor conceives or originates, either individually or jointly with others, which arises out of the performance of the Master Agreement, will be the property of the Purchasing Entity and are, by the Master.Agreement, assigned to the Purchasing Entity along with ownership of any and all copyrights in the copyrightable material. The Contract Vendor also agrees, upon the request of the Purchasing Entity, to execute all papers and perform all other acts necessary to assist the Purchasing Entity to obtain and register copyrights on such materials. Where applicable, works of authorship created by the Contract Vendor for the Purchasing Entity in performance of the Master Agreement shall be considered "works for hire" as defined in the U.S. Copyright Act. c. Notwithstanding the above, :the Purchasing Entity will not own, any of the Contract Vendor's pre-existing intellectual property that was created prior to the Master Agreement and which the Purchasing Entity did not pay the Contract Vendor to create. Subject to payment in full for the products, equipment or services, the Contract Vendor grants the Purchasing Entity a perpetual, irrevocable, non-exclusive, royalty free license for Contract Vendor's pre-existing intellectual property that is contained in the products, materials, equipment or services that are purchased through this Master Agreement. Contract Vendor will retain all right, title and interest in and to all Intellectual Property Rights in or related to the services, or tangible components thereof, including but not limited to (a) all know-how, intellectual property; methodologies, processes, technologies, algorithms, software or development tools used in performing the services, and (b) such ideas, concepts, know-how, processes and reusable reports, designs, charts, plans, specifications, documentation, forms, templates or output which are developed, created or otherwise used by or on behalf of Contract Vendor in the course of performing the services 13 CONTRACT NO. MNWNC-908 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT ]JELL MARKETING L. P. Page 233 of 636 or creating the deliverables, other than portions that specifically incorporate proprietary or Confidential Information or data of Ordering Entity (collectively, the "Residual IP"), even if embedded in the deliverable. 31. WAIVER OF BREACH. Failure of Lead State Master Agreement Administrator, Participating Entity, or Purchasing Entity to declare a default or enforce any rights and remedies shall not operate as a waiver under this Master Agreement or Participating Addendum. Any waiver by the Lead State or Participating Entity must be in writing. Waiver by the Lead State Master Agreement Administrator, Participating Entity, or Purchasing Entity of any default, right or remedy under this Master Agreement or Participating Addendum, or breach of any terms or requirements shall not be construed or operate as a waiver of any subsequent default or breach of such term or requirement, or of any other term or requirement under this Master Agreement, a Participating Addendum, or order. 32. WARRANTY. The warranty provided must be the manufacturers written warranty tied to the product at the time of purchase and must include the following:: (a) the Product performs according to the specifications (b) the Product is suitable for the ordinary purposes for which such Product is used, (c) the Product is designed and manufactured in a commercially reasonable manner, and (d) the Product is free of defects. For third party products sold by the Contract Vendor, the Contract Vendor will assign the manufacturer or publisher's warranty and maintenance. The Contract Vendor will provide warranty and maintenance call numbers and assist the customer in engaging the manufacturer on warranty and maintenance issues. Upon breach of the warranty, the Contract Vendor will repair or replace (at no charge to the Purchasing Entity) the Product whose nonconformance is discovered and made known to the Contract Vendor. If the repaired and/or replaced Product proves to be inadequate, or fails of:Ets essential purpose, the Contract Vendor will refund the full amount of any payments that have been made. The rights and remedies of the parties under this Warranty are in addition to any other rights and remedies of the parties provided by law or so ordered by the court. 33. LIMITATION OF. LIABILITY. NEGOTIATED. A. .CONTRACT VENDOR WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS, SOFTWARE OR SERVICES PROVIDED HEREUNDER. EXCEPT FOR YOUR BREACH OF PAYMENT OBLIGATIONS OR CONFIDENTIALITY REQUIREMENTS, NEITHER PARTY SHALL HAVE LIABILITY FOR THE FOLLOWING: (1) LOSS OF REVENUE, INCOME, PROFIT OR SAVINGS; (2) LOST OR CORRUPTED DATA OR SOFTWARE, LOSS OF USE OF A SYSTEM OR NETWORK OR THE RECOVERY OF SUCH; (3) LOSS OF BUSINESS OPPORTUNITY; (4) BUSINESS INTERRUPTION OR DOWNTIME; OR (5) DELIVERABLES, DELL PRODUCTS OR THIRD -PARTY PRODUCTS NOT BEING AVAILABLE FOR USE. B. CONTRACT VENDOR'S TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND ALL PARTICIPATING ADDENDA SOURCED FROM THIS MASTER AGREEMENT (INCLUDING ANY PRODUCTS, SOFTWARE, OR SERVICES PROVIDED HEREUNDER) SHALL NOT EXCEED THE AGGREGATE AMOUNT OF TEN MILLION DOLLARS ($10,000,000). C. THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHERWISE. THE PARTIES AGREE THAT THESE LIMITATION OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR CONTRACT VENDOR'S SALE OF PRODUCTS, SOFTWARE OR SERVICES TO ORDERING ENTITY, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES. 34. SERVICE AGREEMENTS. NEGOTIATED. Contract Vendor may provide Services, Software or Deliverables to you in accordance with one or more "Service Agreements." "Service Agreements" are service contracts, including "Service Descriptions" available at www.dell.com/servicec6ntracts/us, "Statements of Work," and any other such mutually agreed upon documents. Each Service Agreement will be interpreted as a single agreement, independent of any other Service Agreement, so that all of the provisions are given as full effect as possible. Any and all licensing, maintenance, or order specific agreements referenced within the terms and conditions of this Master agreement are agreed to only to the extent that the terms do not conflict with the terms of the Participating Addendum or the Master Agreement, and to the extent the terms are not in conflict with the Participating Entities' applicable laws. In the event of conflict the terms and conditions, the Participating Addendum, and then the Master Agreement shall take precedence, as detailed in the Order of Precedence defined herein. Notwithstanding the 14 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 234 of 636 foregoing, licensing, maintenance agreements, or order specific agreements may be further negotiated by the Contract Vendor and the potential Purchasing Entity, provided the contractual documents are duly executed in writing. 35. SOFTWARE LICENSE. NEGOTIATED. Software (defined as any software, library, utility, tool, or other computer or program code, in object (binary) or source -code form as well as the related documentation provided by Contract Vendor to Purchasing Entity) is subject to the separate. license agreements accompanying the Software, along with any product guides.,' operating manuals, or other documentation included with the software media packaging or presented to Purchasing Entity during the installation: or use of the Software. Purchasing Entity agrees that it will be bound by such license agreement. Any and all licensing, maintenance, or order specific agreements referenced within the terms and conditions of this Master agreement are agreed to only to the extent that the terms do not conflict with the terms of the Participating Addendum or the Master Agreement, and to the extent the terms.are not in conflict with the Participating Entities' applicable laws. In the event of conflict the terms and conditions, the Participating Addendum, and then the Master Agreement shall take precedence, as detailed in the Order of Precedence defined herein. Notwithstanding the foregoing, licensing, maintenance agreements, or order specific agreements may be further negotiated by the Contract Vendor and the potential Purchasing Entity, provided the contractual documents are duly executed in writing. 36. EXPORT COMPLIANCE. NEGOTIATED. Contract Vendor, Lead State and Purchasing Entities acknowledge that products (including software) sold or licensed under this Master Agreement are subject to the export control laws and regulations of the United States and other countries from which they were supplied and in which they are used and Purchasing Entity agrees to abide by those laws and regulations. Purchasing Entity warrants that any software provided by it and used as a part of the services supplied by Contract Vendor under this Master Agreement contains no encryption or to the extent that it contains encryption such software is approved for export under the relevant laws or regulations. 37. RETURNS AND EXCHANGES. NEGOTIATED. Contract Vendor's return policy can be found at www,dell.com/returnspolicy and applies to any returns and exchanges. Before returning or exchanging a Product, Purchasing Entity must contact Contract Vendor directly to obtain an authorization number to include with the return. Purchasing Entity must return Products to Contract Vendor in their original or equivalent packaging, and Purchasing Entity is responsible for risk of toss, as well as shipping and handling fees. Additional fees, including up to a 15% restocking fee, may apply. Restocking fees must be approved by the customer. If Purchasing Entity fails to follow the return or exchange instructions provided by Contract Vendor, Contract Vendor will not be responsible for any loss, damage, or modification of a Product, .or processing of a Product for disposal or resale. Credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing associated with the original purchase. This restocking. fee shall not apply in the case of Contract Vendor error. 15 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 235 of 636 MASTER AGREEMENT TERMS AND CONDITIONS C. MINNESOTA TERMS AND CONDITIONS 1. ACCEPTANCE OF PROPOSAL CONTENT. The contents of this RFP and selected portions of response of the successful Proposer will become contractual obligations, along with the final Master Agreement, if acquisition action ensues. The Lead State is solely responsible for rendering the decision in matters of interpretation of all terms and conditions. 2. ACCESSIBILITY STANDARDS. The State of Minnesota has developed IT Accessibility Standards effective September 1, 2010, which entails, in part, the Web Content Accessibility Guidelines (WCAG) 2.0 (Level AA) and Section 508 Subparts A -D which can be viewed at http://www.mmd.admin.state.mn.us/pdf/accessibility standard. df Responders must complete the WCAG VPAT form included in the FORMS section of the RFP. The completed VPAT form will be scored based on its compliance with the Accessibility Standards. The requested WCAG VPAT applies to the responder's website to be offered under the Contract. For products offered, VPATS are only to be provided upon request by the participating entity. Upon request by the participating entity, the responder must make best efforts to provide Voluntary Product Accessibility Templates (VPATS) for all products offered in its response. Click here for link to VPATS for both Section 508 VPAT and WCAG 2.0 VPAT http://mn.goy/oet/policies-and-standards/accessibility/#. 3. ADMINISTRATIVE PERSONNEL CHANGES. The Contract Vendor must notify the Contract Administrator of changes in the Contract Vendor's key administrative personnel, in advance and in writing. Any employee of the Contract Vendor who, in the opinion of the State of Minnesota, is unacceptable, shall be removed from the project upon written notice to the Contract Vendor. In the event that an employee is removed pursuant to a written request from the Acquisition Management Specialist, the Contract Vendor shall have 10 working days in which to fill the vacancy with an acceptable employee. 4. AMENDMENT(S). Master Agreement amendments shall be negotiated by the Lead State with the Contract Vendor whenever necessary to address changes in the terms and conditions, costs, timetable, or increased or decreased scope of work. An approved Master Agreement amendment means one approved by the authorized signatories of the Contract Vendor and the Lead State as required bylaw. 5. AMERICANS WITH DISABILITIES ACT (ADA). DELETED. 6. AWARD OF RELATED CONTRACTS. In the event the Lead State undertakes or awards supplemental Contracts for work related to the Master Agreement or any portion thereof, the Contract Vendor shall cooperate fully with all other Contract Vendors and the State in all such cases. All Master Agreements between subcontractors and the Contract Vendor shall include a provision requiring compliance with this section. 7. AWARD OF SUCCESSOR CONTRACTS. In the event the State undertakes or awards a successor for work related to the Contract or any portion thereof, the current Contract Vendor shall cooperate fully during the transition with all other Contract Vendors and the State in all such cases. All Master Agreements between subcontractors and the Contract Vendor shall include a provision requiring compliance with this section. 8. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION a. Certification regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions. Instructions for certification: 1. By signing and submitting this proposal, the prospective lower tier participant [responder] is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to whom this . proposal [response] is submitted if at anytime the prospective lower tier participant learns that its certification is CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 236 of 636 was erroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverages section of rules implementing Executive Order 12549. You may contact the person to which this proposal .is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this response that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction [subcontract equal to or exceeding $25,000] with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled, "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion — Lower Tier Covered Transaction," without modification, in ail lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it isnot proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended; ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the list of parties excluded from federal procurement and nonprocurement programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to:exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for: debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. b. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions. 1. 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 department 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. 9. CHANGE REQUESTS. The Lead State reserves the right to request, during the term of the Master Agreement, changes to the products offered. Products introduced during the term of the Master Agreement shall go through a formal review process. A formai process of changing the Master Agreement shall be developed during the negotiation of the Master Agreement. The Contract Vendor shall evaluate and recommend products for which agencies have an expressed need. The Lead State shall require the Contract Vendor to provide a summary of its research of those products being recommended for inclusion in the Master Agreement as well as defining how adding the product will enhance the Master Agreement. The Lead State may request that products, other than those recommended, are added to the Master Agreement. In the event that the Lead State desires to add new products and services that are not included in the original Master Agreement, the Lead Staterequires that independent manufacturers and resellers cooperate with the already established Contract Vendor in order to meet the Lead State's requirements. Evidence of the need to add products or services should be demonstrated to the Lead State. The Master Agreement shall be modified via supplement or 17 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 237 of 636 amendment. The Lead State will negotiate the inclusion of the products and services with the Contract Vendor. No products or services will be added to the Master Agreement without the Lead State's prior approval. 10. CONFLICT MINERALS. Contract Vendor must provide information to the public on its website regarding the use of conflict minerals, as required by Section 13(p) of the Securities Exchange Act of 1934, as amended, and the rules promulgated thereunder. See: http: //www. sec. ov/rules/final/2012/34-67716. Pdf. 11. COPYRIGHTED MATERIAL WAIVER. The Lead State reserves the right to use, reproduce andpublish proposals in any manner necessary for State agencies and local units of government to access the responses and/or to respond to request for information pursuant to Minnesota Government Data Practices Act, , including but not limited to emailing, photocopying, State Intranet/Internet postings, broadcast faxing, and direct mailing. In the event that the response contains copyrighted or trademarked materials, it is the responder's responsibility to obtain permission for the Lead State to reproduce and publish the information, regardless of whether the responder is the manufacturer or reseller of the products listed in the materials. By signing its response, the responder certifies that it has obtained all necessary approvals for the reproduction and/or distribution of the contents of its response and agrees to indemnify, protect, save and hold the Lead State, its representatives and employees harmless from any and all claims arising from the violation of this section and .agrees to pay all legal fees incurred by the Lead State in the defense of any such action. 12. EFFECTIVE DATE. Pursuant to Minnesota law, the Master Agreement arising from this RFP shall be effective upon the date of final.execution by the Lead State, unless a later date is specified in the Master Agreement, 13. FOREIGN OUTSOURCING OF WORK. Upon request, the Contract Vendor is required to provide information regarding the location of where services, data storage and/or location of data processing under the Master Agreement will be performed. 14. GOVERNMENT DATA PRACTICES. The Contract Vendor and the Lead State must comply with the Minnesota Government Data Practices. Act, Minn. Stat. Ch. 13, (and where applicable, if the Lead State contracting party is part of the judicial branch, with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Courtas the same may be amended from time to time) as it.applies to all data provided by the Lead State to the Contract Vendor and all data provided to the Lead State. by the Contract Vendor. In addition, the Minnesota.Government Data Practices Act applies to all data created, collected, received, stored, used, maintained, or disseminated by the Contract Vendor in accordance with the Master Agreement that is private, nonpublic, protected nonpublic, or confidential as defined by the Minnesota Government Data Practices Act, Ch. 13 (and where applicable, that is not accessible to the public under the Rules of Public Access to Records of the Judicial Branch). In the event the Contract Vendor receives a request to release the data referred to in this article, the Contract Vendor must immediately notify the.Lead State. The Lead State will give the Contract Vendor instructions concerning the release of the data to the requesting party before the data is released. The civil remedies of Minn. Stat. § 13.08, apply to the release of the data by either the Contract Vendor or the Lead State. The Contract Vendor agrees to indemnify, save, and hold the State. of Minnesota, its agent and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation of any provision of the Minnesota Government Data Practices Act (and where applicable, the Rules of Public Access to Records of the Judicial Branch), including legal fees and disbursements paid or incurred to enforce this provision of the Master Agreement. In the event that the Contract Vendor subcontracts any or all of the work to be performed under the Master Agreement, the Contract Vendor shall retain responsibility under the terms of this article for such work. 15. HAZARDOUS SUBSTANCES. To the extent that the goods to be supplied by the Contract Vendor contain or may create hazardous substances, harmful physical agents or infectious agents asset forth in applicable State and federal laws and regulations, the Contract Vendor must provide Material Safety Data Sheets regarding those substances. A copy must be included with each delivery. 16. HUMAN RIGHTS/AFFIRMATIVE ACTION. The Lead State requires affirmative action compliance by its Contract Vendors in accordance with. Minn. Stat. § 363A.36 and Minn. R. 5000.3400 to 5000.3600. a. Covered contracts and Contract Vendors. One-time acquisitions, or a contract for a predetermined amount of goods and/or services, where the amount of your response is in excess of $100,000 requires completion of the Affirmative Action Certification page. If the solicitation is fora contract for an indeterminate amount of goods and/or services, and the State estimated total value of the contract exceeds $100,000 whether it will be a multiple award contract or not, you must complete the Affirmative Action Certification page. If the contract dollar amount or the State estimated total contract amount exceeds $100,000 and the Contract Vendor employed more than 18 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 238 of 636 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principal place of business, the Contract Vendor must comply with the requirements of Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600. A Contract Vendor covered by Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600 that had more than 40 full-time employees within Minnesota on a single working day during the previous 12 months must have a certificate of compliance issued by the commissioner of the Department of Human Rights (certificate of compliance). A Contract Vendor covered by Minn. Stat. § 363A.36, subd. 1 that did not have more than 40 full-time employees on a single working day during the previous 12 months within Minnesota but that did have more than 40 full-time employees in the state where it has its principal place of business and that does not have a certificate of compliance must certify that it is in compliance with federal affirmative action requirements. b. Minn. Stat. § 363A.36, subd. 1 requires the Contract Vendor to have an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the commissioner of the Department of Human Rights (commissioner) as indicated by a certificate of compliance. Minn. Stat. § 363A.36 addresses suspension or revocation of a certificate Of compliance and contract consequences in that event. A contract awarded without a certificate of compliance may be voided. c. Minn, R. 5000.3400-5000.3600 implement Minn. Stat. § 363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of compliance and criteria for determining a Contract Vendor's compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for noncompliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. 5000.3400-5000.3600 including, but not limited to, parts 5000.3420-5000.3500 and parts 5000.3552-5000.3559. d. Disabled Workers. Minn. R. 5000.3550 provides the Contract Vendor must comply with the following affirmative action requirements for disabled workers. AFFIRMATIVE ACTION FOR DISABLED WORKERS (a) The Contract Vendor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contract Vendor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (b) The Contract Vendor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. (c) In the event of the Contract Vendor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minn. Stat. § 363A.36 and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. (d) The Contract Vendor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the Contract Vendor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees: (e) The Contract Vendor must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contract Vendor is bound by the terms of Minn. Stat. § 363A.36 of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. e. Consequences. The consequences of a Contract Vendor's failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of compliance by the commissioner, refusal by the commissioner to approve subsequent plans, and termination of all or part of the Contract by the commissioner or the State. 18 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 239 of 636 f. Certification. The Contract Vendor hereby certifies that it is in compliance with the requirements of Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400-5000.3600 and is aware of the consequences for noncompliance. It is agreed between the parties that Minn. Stat. 363.36 and Minn. R. 5000.3400 to 5000.3600 are incorporated into any contract between these parties based upon this specification.or any modification of it. A copy of Minn. Stat. § 363A.36 and Minn. R. 5000.3400 to 5000.3600 are available upon request from the contracting agency. 17. INDEMNIFICATION. NEGOTIATED. The Contract Vendor shall indemnify; protect, save and hold harmless the Lead State and the Participating Entity, its representatives and employees, from any and all third party claims or causes of action for personal bodily injury, including death, and damage to tangible personal property, including all legal fees incurred by the Lead State and the Participating Entity arising from the negligence in the performance of the Master Agreement by the Contract Vendor or its agents, employees, or subcontractors. This clause shall not be construed .to bar any legal remedies the Contract Vendor may: have with the Lead State's and Participating Entity's failure to fulfill its obligations pursuant to the Master Agreement. If the Participating Entity's laws require approval of a third party to defend Participating Entity, Participating Entity will seek such approval and if approval is not received, Contract Vendor is not required to defend that Participating Entity, 18. INTELLECTUAL PROPERTY INDEMNIFICATION. NEGOTIATED In the event of any such claim by any third party against the Participating Entity that Products, Software, Services or Deliverables (excluding Third -Party Products and open. source software) prepared or produced by Dell and delivered pursuant to this Agreement infringe or misappropriate that third party's U.S. patent, copyright, trade secret, or other intellectual property rights ("Indemnified Claims"), the Participating Entity shall promptly notify the Contract Vendor. The Contract Vendor, at its own expense, shall indemnify; defend to the extent permitted by the Participating Entity's laws, and hold harmless the Participating Entity against any loss, cost, expense, or liability (including legal fees) arising out of such a claim, whether or not such claim is successful against the Participating Entity. If Contract Vendor receives prompt notice such a claim that in the Contract Vendor's opinion is likely to result in an adverse ruling, the Contract Vendor shall at its option (1) obtain a right for the Participating Entity to continue using such Products, Deliverables or Software or allow Contract Vendor to continue performing the Services; {2) modify such Products, Software, Services or Deliverables to make them non -infringing; (3) replace such Products, Software, Services or.Deliverables with a non -infringing equivalent; or (4) refund any pre -paid fees. for the allegedly infringing Services that have not been performed or provide a reasonable depreciated or pro rata refund for the allegedly infringing: Product, Deliverables or Software. Notwithstanding the foregoing, Contract Vendor shall have no obligation under this Section for any claim resulting or arising from (1) modifications of the Products, Software, Services Deliverables that were not performed by or on behalf of Contract Vendor;: (2) the combination, operation, or use of the Products; Software, Services or Deliverables in connection with a third -party product, software or service (the combination of which causes the claimed infringement); or (3) Contract Vendor's compliance with Participating Entity's written specifications or directions, including the incorporation of any software or other materials or processes provided by or requested by Participating Entity. Contract Vendor's duty to indemnify and defend under this Section is contingent upon: (x) Contract Vendor receiving prompt written notice of the third -party claim or action for which Contract Vendor must indemnify Participating Entity, (y) Contract Vendor having the right to solely control the defense and resolution of such claim or action, and (z) Participating Entity's cooperation with Contract Vendor in defending and resolving such claim or action. This Section states Participating Entity's exclusive remedies for any third -party intellectual property claim or action, and nothing in this Agreement or elsewhere will obligate Contract Vendor to provide any greater indemnity to Participating Entity. 19. JURISDICTION AND VENUE. This RFP and any ensuing Master Agreement, its amendments and supplements thereto, shall be governed by the laws of the State of Minnesota, USA. Venue for all legal proceedings arising out of the Master Agreement, or breach thereof, shall be in the State or federal court with competent jurisdiction in Ramsey County, Minnesota. By submitting a response to this Request for Proposal, a Responder voluntarily agrees to be subject to the jurisdiction of Minnesota for all proceedings arising out of this RFP, any ensuing Master Agreement, or any breach thereof. 20. LAWS AND REGULATIONS. Any and all services, articles or equipment offered and furnished must comply fully with all local, State and federal laws and regulations, including Minn. Stat. § 181.59 prohibiting discrimination and business registration requirements of the Office of the Minnesota Secretary of State. 21. NONVISUAL ACCESS STANDARDS. Pursuant to Minn. Stat. § 16C.145, the Contract Vendor shall comply with the following nonvisual technology access standards:. 20 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 240 of 636 a. That the effective interactive control and use of the technology, including the operating system applications programs, prompts, and format of the data presented, are readily achievable by nonvisual means; b. That the nonvisual access technology must be compatible with information technology used by other individuals with whom the blind or visually impaired individual must interact; c. That nonvisual access technology must be integrated into networks used to share communications among employees, program participants, and the public; and d. That the nonvisual access technology must have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired. These standards do not require the installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are not blind or visually impaired. 22. NOTICE TO RESPONDERS. Pursuant to Minn. Stat. § 270C.65, subd. 3, Contract Vendors are required to provide their Federal Employer Identification Number or Social Security Number. This information may be used in the enforcement of federal and State tax laws. Supplying these numbers could result in action to require a Contract Vendor to file tax returns and pay delinquent tax liabilities. These numbers will be available to federal and State tax authorities and State personnel involved in the payment of State obligations. 23. ORGANIZATIONAL CONFLICTS OF INTEREST. The responder warrants that, to the best of its knowledge and belief, and except as otherwise disclosed, there are no relevant facts or circumstances which could give rise to organizational conflicts of interest. An .organizational conflict of interest exists when, because of existing or planned activities or because of relationships with other persons: • a Contract Vendor is unable or potentially unable to render impartial assistance or advice to the State; • the Contract Vendor's objectivity in performing the work is or might be otherwise impaired; or • the Contract Vendor has an unfair competitive advantage. The Contract Vendor agrees that if an organizational conflict of interest is discovered after award, an immediate and full disclosure in writing shall be made to the Assistant Director of the Department of Administration's Materials Management Division that shall include a description of the action the Contract Vendor has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist, the State may, at its discretion, cancel the Master Agreement. In the event the Contract Vendor was aware of an organizational conflict of interest prior to the award of the Master Agreement and did not disclose the conflict to the Master Agreement Administrator, the State may terminate the Master Agreement for default. The provisions of this clause shall be included in all subcontracts for work to be performed, and the terms "Contract,"" Contract Vendor," "Master Agreement", "Master Agreement Administrator" and "Contract Administrator" modified appropriately to preserve the State's rights. 24. PAYMENT CARD INDUSTRY DATA SECURITY STANDARD AND CARDHOLDER INFORMATION SECURITY. Contract Vendor assures all of its Network Components, Applications, Servers, and Subcontractors (if any) comply with the Payment Card Industry Data Security Standard ("PCIDSS" )..:. Network Components" shall include, but are not limited to, Contract Vendor's firewalls, switches, routers, wireless access points, network.appliances, and other security appliances; "Applications" shall include, but are not limited to, all purchased and custom external (web) applications. "Servers" shall include, but are not limited to, all of Contract Vendor's web, database, authentication, DNS, mail, proxy, and NTP servers. "Cardholder Data" shall mean any personally identifiable data associated with a cardholder; including, by way of example and without limitation, a cardholder's account number, expiration date, name, address, social security number, or telephone number. Subcontractors (if any) must be responsible for the security of all Cardholder Data in its possession; and will only use Cardholder Data for assisting cardholders in completing a transaction, providing fraud control services, or for other uses specifically required by law. Contract Vendor must have a business continuity program which conforms to PCIDSS to protect Cardholder Data in the event of a major disruption in its operations or in the event of any other disaster or system failure which may occur to operations; will continue to safeguard Cardholder Data in the event this Agreement terminates or expires; and ensure that a representative or agent of the payment card industry and a representative or agent of the State shall be provided with full cooperation and access to conduct a thorough security 21 CONTRACT No. MNWNC-408 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 241 of 636 review of Contract Vendor's operations, systems, records, procedures, rules, and practices in the event of a security intrusion in order to validate compliance with PCIDSS. 25. PERFORMANCE WHILE: DISPUTE IS PENDING. Notwithstanding the existence of a dispute, the parties shall continue without delay to carry out all of their responsibilities under the Master Agreement that are not affected by the dispute. If a party fails to continue without delay to perform its responsibilities under the Master Agreement, in the accomplishment of all undisputed work, any additional cost incurred by the other parties as a result of such failure to proceed shall be borne by the responsible party. 26. PREFERENCE. Targeted/Economicallypisadvantaged.ln accordance with Minn. Stat.: § 16C.16, subds. 6 and 7, eligible certified targeted group (TG) businesses and certified economically disadvantaged (ED) businesses will receive a 6 percent preference on the basis of award for this RFP. The preference is applied only to the first $500,000 of the response to the RFP. Eligible TG businesses must be currently certified by the Materials Management Division prior to the bid opening date and time. To verify TG/ED certification, refer to the. Materials Management Division's web site at www.mmd.admin.state.mn.usunder "Vendor Information, Directory of Certified TG/ED Vendors." To verify TG eligibility for preference, refer to the Materials Management Division's web site under "Vendor Information, Targeted Groups Eligible for Preference in State Purchasing" or call the Division's HelpLine at 651.296.2600: Reciprocal Preference. In accordance with Minn. Stat. §16C.06, subd 7, the acquisition of goods or services shall be allowed a preference over a non-resident vendor from a state that gives or requires a preference to vendors from that state, the preference shall be equal to the preference given or required by the state of the non-resident vendor. If you wish to be considered 'a Minnesota Resident vendor you must claim that by filling out the Resident Vendor Form included in this solicitation and include it in your response. Veteran. In accordance with Minn. Stat. § 16C.16, subd. 6a, (a) Except when mandated by the federal government as a condition of receiving federal funds, the commissioner shall award up to a six percent preference in the amount bid on state procurement to certified small businesses that are majority-owned and operated by: (1) recently separated veterans who have served in active military service, at anytime on or after September 11, 2001, and who have been discharged under honorable conditions from active service, as indicated by the person's United States Department of Defense form DD -214 or by the commissioner of veterans affairs; (2) .veterans with service -connected disabilities, as determined at anytime by the United.States Department of Veterans Affairs; or (3) any other veteran -owned small businesses certified under section 16C.19, paragraph (d). In accordance with Minn. Stat. § 16C.19 (d), a veteran -owned small business, the principal place of business of which is in Minnesota, is certified if it has been verified by the United States Department of Veterans Affairs as being either a veteran -owned small business or a service disabled veteran -owned small business, in accordance with Public Law 109-461 and Code of Federal Regulations, title 38, part 74. To receive a preference the veteran -owned small business must meet the statutory requirements above by the solicitation opening date and time. The preference is applied only to the first $500,000 of the response, If responder is claiming the veteran -owned preference, attach documentation, sign and return form with response to the solicitation. Only eligible veteran -owned small businesses that meet the statutory requirements and provide adequate documentation will be given the preference. 27. PUBLIC INFORMATION. Once the information contained in the responses is deemed public information, interested parties may request to obtain the public information. You may call 651.201,2413 between the hours of 8:00 a.m. to 4:30 p.m. to arrange this. 28. PUBLICITY. Any publicity given to the program, publications or services provided resulting from a State contract for goods or services, including but not limited to notices, informational pamphlets, press releases, research, reports, signs and similar public notices prepared by or for the Contract Vendor, or its employees individually or jointly with others, or any subcontractors, shall identify the State as the sponsoring agency and shall not be released, unless such release is a specific part of an approved work plan included in the Master Agreement prior to its approval by the State's Authorized Representative and the State's Assistant Director or designee of Materials Management Division. The Contract Vendor shall make no representations of the State's opinion or position as to. the.quality or effectiveness of the products and/or services that are the subject of the Master Agreement without the prior written consent of the 22 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 242 of 636 State's Assistant Director or designee of Materials Management Division. Representations include any publicity, including but not limited to advertisements, notices, press releases, reports, signs, and similar public notices. 29. PURCHASE ORDERS. NEGOTIATED. The State requires that there will be no minimum order requirements or charges to process an individual purchase order. The Master Agreement number and the PO number must.appear on all documents (e.g., invoices, packing slips, etc.). The Ordering Entity's purchase order constitutes a binding contract. Unless otherwise expressly agreed between a Purchasing Entity and the Contract Vendor, any preprinted terms on the Purchasing Entity's purchase:order shall be given no force or effect and no terms of a purchase order that conflict with this Master Agreement or the Participating Addendum shall be binding on Contract Vendor. 30. RIGHTS RESERVED. Notwithstanding anything to the contrary, the State reserves the right to: a. reject any and all responses received; b. select, -for Master Agreements or for negotiations, a response other than that with the lowest cost; c. waive or modify any informalities, irregularities, or inconsistencies in the responses received; d. negotiate any aspect of the proposal with any responder and negotiate with more.than one responder; e. request a BEST and FINAL OFFER, if the State deems it necessary and desirable;: and f. terminate negotiations and select. the next response providing the best value for the State, prepare and release a new RFP; or take such other action as the State deems appropriate if negotiations fail to result in a successful Master Agreement. 31. RISK OF LOSS OR DAMAGE. The State is relieved of all risks of loss or damage to the goods and/or equipment during periods of transportation, and installation by the Contract Vendor and in the possession of the Contract Vendor or their authorized agent. 32. SEVERABILITY. If any provision of the Master Agreement, including items incorporated by reference, is found to be illegal, unenforceable, or void, then. both the State and the Contract Vendor shall be relieved of all obligations arising under such provisions. If the remainder of the Master Agreement is capable of performance it shall not be affected by such declaration or finding and shall be fully performed. 33. STATE AUDITS (Minn. Stat. § 16C.05, subd. 5). The books, records, documents, and accounting procedures and practices of the Contract Vendor or other party, that are relevant to the Master Agreement or transaction are subject to examination by the contracting agency and either the Legislative Auditor or the State Auditor as appropriate for a minimum of six years after the end of the Master Agreement or.transaction. The State reserves the right to authorize delegate(s) to audit this Master Agreement and transactions. 34. SURVIVABILITY. The following rights and duties of the State and responder will survive the expiration or cancellation of the resulting Master Agreements. These rights and duties include, but are not limited to paragraphs: Indemnification, Hold Harmless and Limitation of Liability, State Audits, Government Data Practices, Governing Law, Jurisdiction and Venue, Publicity, Intellectual Property indemnification, and Admin Fees.. 35. TRADE SECRETICONFIDENTIAL INFORMATION. Any information submitted as Trade Secret must be identified and submitted per the Trade Secret Form and must meet Minnesota Trade Secret as defined in Minn. Stat. § 13.37 23 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 243 of 636 in�resQfa QEPARTMENT OF ADMINISTRATION COMPUTER EQUIPMENT 2014-2019 L rT MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT B - PRICING 1. BAND(S) AWARDED: Band 1: Desktop Band 2: Laptop Band 3: Tablet Band 4: Server Band 6: Storage. 2. PRICE STRUCTURE. The contract employs a MINIMUM discount -off baseline price list structure with category exceptions for each band. The category discounts may be higher or lower than the than the band discount. The minimum discount and categorized exceptions will be applied to all "quantity one" procurements. An end user will be able to verify pricing using the named base line price list and the minimum discounts with the categorized exceptions provided in the Master Agreement. 3. PRICE GUARANTEE. These discounts must remain firm, or the discount may be increased, during the term of the Master Agreement. 4. BASELINE PRICE LIST. The Base Line Price is designated in the Pricing Discount Schedule. The Base Line Price List. must be accessible and verifiable by potential end users preferably on the Contract Vendor Website. All historic versions of the Baseline Price List must be made available upon request pursuant to the audit provisions. 5. PRODUCT AND SERVICE SCHEDULE (PSS). The Product and Service Schedule (PSS) identifies a complete listing of all products and services included in the awarded Master Agreement. The PSS serves as the Contract Catalog. The PSS will be submitted to the Lead State following contract award and must be approved by the Lead State prior to the start of any sales. The PSS must be available on the Contract Vendor website for end users to verify pricing based on the minimum discounts with category exceptions provided off a designated base line price list. The Contract Vendor will work with each State to develop a satisfactory PSS reflecting the individual States restrictions. 6. CHANGES TO THE PSS. Contract Vendor will request changes to the PSS utilizing an Action Request Form (ARF) Submittals will be reviewed by the Lead State quarterly. Obsolete and discontinued products will be removed. 7. BULKIVOLUME PRICING. Further bulk/quantity savings may be obtained:when additional quantities are requested. Additional savings are expected when competing awarded vendors for volume pricing. 8. PROMOTIONAL OFFERS. Contract Vendors may provide promotions for deeply discounted products based on their inventory and sales. The Contract Vendors will be responsible to market these offers. 9. PREMIUM SAVINGS PACKAGE PROGRAM. Contract Vendors participating in the Premium Savings Package (PSP) Program will commit to the standard configurations. The standards currently are refreshed every six -months (May and November)..Refresh schedule is subject to change. See current configurations: http://www.wnpsp.com/index.html. States and other Participating Entities can choose to purchase these packages without any signing additional documents. 10. TRADE-IN. Trade -In Programs are the option of the Participating Entity, The Participating Addendum by each State may address the allowance of Trade -Ins. 11. SERVICES. Services are at the option of the Participating Entity. The Participating Addendum by each State may address service agreement terms and related travel. 24 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 244 of 636 12. LEASING. The Discount schedule will indicate if the Contract Vendor provides leasing. Participating Entities may enter in to lease agreements if they have the legal authority to enter into these types of agreements. The Participating Addendum by each State will identify if and how leasing agreement terms will be conducted. 13. FREIGHT: All prices shall be FOB Destination, prepaid and allowed (with freight included in the price), to the address, receiving dock or warehouse as specified on the ordering agency's purchase order, In those situations in which the "deliver -to" address has no receiving dock or agents, the Contract Vendor must be able to deliver to the person specified on the PO without additional cost.. If there is a special case where inside delivery fee must be charged, the Contract Vendor will notify the customer in advance in order for the customer to determine if -the additional cost will affect the decision to utilize the Contract Vendor.. 14. DELIVERY. Delivery of ordered product should be completed within thirty (30) calendar days after receipt of an order, unless otherwise agreed to by the ordering agency. 25 CONTRACT NO. MNWNC-106 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 245 of 636 -� COMPUTER EQUIPMENT IReSQ�� 2014-2019 DEPARTMENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT B - PRICING SCHEDULE- 26 CONTRACT NO. MNWNC-106 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 246 of 636 4i!t70S8)t8 DEPARTMENT OF ADMINISTRATION A'. COMPUTER EQUIPMENT ... 2014-2019 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT C -PRODUCT AND SERVICE SCHEDULE (PSS)- .. MAINTAINING THE PSS. The Product and Service Schedule (PSS) identifies a complete listing of all products and services included in the awarded Master Agreement. The PSS serves as the WSCA-NASPO Contract Catalog. The PSS will be submitted to the Lead State following contract award and must be approved by the Lead State prior to the start of any sales. The PSS must be available on the Contract Vendor website for end users to verify pricing based on the minimum discounts with category exceptions provided off a designated base line price list. The Contract Vendor will work with each State to develop a satisfactory PSS reflecting the individual States restrictions. The Contract Vendor will work to develop. a PSS satisfactory to the Lead State prior to the start of sales and containing the following information: a. Band number b. Part # - SKU # c. Manufacturer d. Description e. Minimum Discount f. Category Code (This code will be refined during the approval process) g. Other fields approved by the Lead State 2. CHANGES TO THE PSS: Contract Vendor will request changes to the PSS utilizing an Action Request Form (ARF) Submittals will be reviewed by the Lead State quarterly. Obsolete and discontinued products willbe removed. 3. FORMAT: The format for the final product and service schedule will be approved within 30 days of contract award. Suggested format is provided below: MANUFACTURER NAME BASELINE PRICE LIST: LINK: DATE: BAND Part # - SKU# MANUFACTURER DESCRIPTION MINIMUM DISCOUNT CATEGORY CODE 1 XYZ ABC DESKTOP 60% 1M 2 550 ZZZZZZZ LAPTOP CART 10% 2TM 3 123A ABC SUPER TABLET 25% 3A 4. THIRD PARTY PRODUCTS: A list of third party products is to be submitted to the Lead State. Approval must be received from the Lead State prior to adding third party products to the Product and Service Schedule. Master Agreement restrictions of third party products include: a. Contract Vendors can only offer Third Party Products in the bands they have been awarded. b. Contract'Vendor cannot offer products manufactured by another Contract Vendor holding a Minnesota WSCA-NASPO Master Agreement unless approved by the Lead State. c. The Contract Vendor will assign the manufacturer or publisher's warranty and maintenance. The Contract Vendor will provide warranty and maintenance call numbers and assist the customer in engaging the manufacturer on warranty and maintenance issues. d. Any additions to the Third Party Product list must be submitted utilizing the Action Request Form. e. The approved Third Party Product list will be clearly posted on the Vendor provided website and updated as products are approved. 27 CONTRACT No. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 247 of 636 IiIHIHOSHM DEPARTMENT OF ADMINISTRATION COMPUTER EQUIPMENT 2014-2019 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT D - WEBSITE 1. IMPLEMENTATION. Within 30 calendar days of Master Agreement award, the Contract Vendor must provide a sample URL of the Master Agreement webpage to the Lead State for review and approval. The Lead State will review and determine acceptability of the website format and data. If the information is determined to be unacceptable or incorrect, the Contract Vendor will have 15 calendar days to provide revisions to the Lead State. Once the website is approved,.the Contract Vendor may not make material changes to the website without notifying the Lead State and receiving written approval of the changes utilizing the Action Request Form. The Contract Vendor must continue to monitor and update the website throughout the life of the contract. Periodic audits may be conducted to ensure websites are updated and Contract Vendors will be expected to correct deficiencies. 2. WEBSITE CONTENT. The website must be separate from the Contract Vendor's commercially available (i.e., public) on-line catalog and ordering systems. Contract Vendor agrees to pursue design of a website to include the items listed below. The Lead State will review and determine acceptability of the website format and data as stated in Item 1 above. a. Baseline Price List and historic versions b. Approved Product and Service Schedule (PSS) c. Product specifications, pricing, and configuration aids for the major product categories proposed that can be used to obtain an on-line quote d. Third Party Product list will be clearly posted on the Vendor provided website and updated as products are approved e. Link to the WSCA-NASPO EmarketCenter f. Online ordering capability with the ability to remember multiple ship to locations if applicable to product g. Contact information for order placement, service concerns (warranty and maintenance), problem reporting, and billing concerns In. Sales representatives for participating entities is Purchase order tracking j. Available Twenty-four (24) hours per day, seven (7) days per week availability, except for regularly scheduled maintenance k. Additional Terms may riot be posted on the Website without written approval of the Lead State I. Link to the WSCA-NASPO EmarketCenter if a State is participating m. Information on accessibility and accessible products n. If participating in Premium Savings Package Program, lead with these products and display prominently on the website o. Links to environmental certification, including but not limited to take-back/recycling programs, p. Information regarding the use of Conflict minerals, as required by Section 13(p) of the Securities Exchange Act of 1934, as amended, and the rules promulgated thereunder. See: http:llwww.sec.govlruies/final/2012/34-67716.pdf q. Service options, service agreements for negotiations when allowed by a participating addendum r. EPEAT, Energy Star, etc. s. Link to Signed Participating Addendums t. Link to Signed Master Agreement u. Link to solicitation and Response 3. TERMINATION Upon termination or expiration of the Master Agreement awarded from this RFP all websites, on-line offering systems and Electronic Catalog functions supported and/or available as part of the Master Agreement will cease and be removed from public viewing access without redirecting to another website. 28 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 248 of 636 4h7TffS8)td,8? DEPARTMENT OF ADMINISTRATION COMPUTER EQUIPMENT 2014-2019 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT E - ACTION REQUEST UPDATE FORM (ARF) The Action Request Form (ARF) provided in this document must be utilized by the Contract Vendor to provide quarterly updates of PSS and to make requests. The Action Request Forms may be reviewed quarterly by the Lead State. DATE: ATTN: WSCA-NASPO Master Agreement Administrator RE: Master Agreement # with (Contract Vendor) Dear WSCA-NASPO Master Agreement Administrator: (Contract Vendor) is providing the following update and/or requesting the action noted below Action Requested: Action Log: Verify Log is attached SELECT ACTION BELOW AND PROVIDE REQUIRED INFORMATION: _Update of Product & Service Schedule Provide summary of additions, deletions and pricing changes. NOTE: THIS WILL BE A NOTIFICATION OF CHANGES TO THE PSS, APPROVAL WILL NOT BE NEEDED _Quarterly Self Audit Check this box to verify the Quarterly Self Audit has been completed _Third Party Product Addition ^Marketing Approval Material Website Change Miscellaneous Inquiry Provide warranty Guarantee Attach Materials for review Describe and provide link for review Provide detail (e.g. key contact change, etc.) The Contract Vendor certifies Products and Services provided meet the terms and conditions of the Master Agreement and understands they may be audited for. compliance. Additional information may be requested upon submission. The Lead State may remove previously approved items throughout the life of the Master Agreement if in the best interest at its sole discretion. Contract Vendor: Name of Requester: Title of Requester: 29 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 249 of 636 li!RRSO)b DEPARTMENT OF ADMINISTRATION COMPUTER EQUIPMENT A.. 2014-2019 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT E - ACTION REQUEST FORM (ARF) ACTION REQUEST FORM LOG Submit updated Action Log with each.update. Log must provide history of previous update. CONTRACT VENDOR: Contact Name and Email (for questions): DATE: DATE ACTION REQUESTED: DATE SUBMITTED APPROVED 30 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 250 of 636 i11 eSto DEPARTMENT OF ADMINISTRATION COMPUTER EQUIPMENT 2014-2019 A'. MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT F - REPORTING 1. OWNERSHIP: Recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and WSCA-NASPO shall have a perpetual, irrevocable, non-exclusive, royalty free, transferable right to display, modify; copy, and otherwise use reports, data and information provided. 2. DUE DATE: Reports shall be due no later than the last day of the month following the end of the calendar quarter. 3. REQUIRED REPORTS: FROM : TO DUE ; Q1 January 1 March 31 Aril 30 Q2 Aril 1 June 30 July 31 03 July 1 September 30 October 31 Q4 October 1 December 31 January 31 3. REQUIRED REPORTS: 31 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTEREQUIPMENT DELL MARKETING L. P Page 251 of 636 Report Name Submitted to Purpose & Submittal 1 WSCA-NASPO Administrative Fee WSCA- Identify total sales and administrative fee due to WSCA- NASPO NASPO 1) Go to: http://www,naspo.orgANNCPO/Calculator.aspx 2) Complete all contract report information fields 3) Enter total sales per State or Select "no sales for quarter" checkbox 4) Click on Submit button 2 WSCA-NASPO Detailed Sales WSCA- Detailed sales data by line item. Currently via an Excel Report NASPO template. Future MAY involve a portal. No modifications may be made by the Contract Vendor to the template. This report may also fulfill the reporting requirements of self audits, premium savings.sales, and Bring Your Own Device Employee Sales. 3 Participating States Participating Contract Vendor may utilize the detailed sales report to report State to individual States unless otherwise directed by the State. States may require additional reporting. 4 Participating Addendum Status WSCA- Provides status of Participating Addendums. Excel Template NASPO to be provided by WSCA-NASPO. 5 Premium Saving Package (PSP) PSP Lead Additional reporting may be requested. 6 Quarterly Updates of PSS and Self Lead State Utilize the Action Request Form (ARF) Audit 31 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTEREQUIPMENT DELL MARKETING L. P Page 251 of 636 'rte` innnsnts DEPARTMENT OF ADMINISTRATION COMPUTER EQUIPMENT 2014-2019 *1, MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT G - DEFINITIONS Acceptance. See Master Agreement Terms regarding Acceptance and Acceptance Testing. Accessory. Accessories do not extend the functionality of the computer, but enhances the user experience i.e., mouse pad, monitor stand. For the purposes of this proposal, accessories are considered peripherals. Bands: For the purpose of this solicitation, there are six product bands which may be awarded. Each product band includes related peripherals and services. Responders must only respond to Bands in which they manufacture the defined product. Responder may receive an award in one or more bands for which they manufacture a product based on the evaluation. BAND 1: DESKTOP. A desktop computer is a personal computer intended for regular use at a single location. A desktop computer typically comes in several units connected together during installation: 1) the processor, 2) display monitor and 3) input devices usually a keyboard and a mouse. All operating systems for tablets are allowed. Zero Clients, Thin clients, all in ones and workstations will also be included under desktops. Ruggedized equipment may also be included in the Product and Service schedule for this band. BAND 2: LAPTOP. A laptop computer is a personal computer for mobile use. A laptop includes a display, keyboard, point device such as a touchpad and speakers into a single unit. A laptop can be used away from an outlet using a rechargeable battery. All operating systems for tablets are allowed. Laptops will include notebooks, ultrabook, mobile thin clients, chromebooks and netbooks. Computers with mobile operating systems will also be included under laptops. Tablets that have the option to be utilized with a keyboard can be sold in this band. Ruggedized equipment may also be included in the.Product and Service Schedule for this band. BAND 3: TABLET. A tablet is a mobile computer that provides a touchscreen which acts as the primary means of control. All operating systems for tablets are allowed. Ruggedized equipment may also be included as a category in the Product:and Service Schedule for this band. BAND 4: SERVER. A server is a physical computer dedicated to run one or more services or applications (as a host) to serve the needs of the users of other computers on a network. This band also includes server appliances. Server appliances have their hardware and software preconfigured by the manufacturer. It also includes embedded networking components such as those found in blade chassis systems. Ruggedized equipment may also be included in the Product and Service Schedule for this band. BAND 5: STORAGE. Storage is hardware with the ability to store large amounts of data. This band includes SAN switching necessary for the proper functioning of the storage environment. Ruggedized equipment may also be included in the Product and Service Schedule for this band: BAND 6 REMOVED. RUGGEDIZED EQUIPMENT MAY BE SOLD IN BANDS 1-5, PROVIDED IT MEETS BAND REQUIREMENTS. Cloud Services. Delivery of computing as a service rather than a product, whereby shared resources, software and information are provided to computers and other devices:as a utility over a network, such as the Internet. (Cloud Services including acquisitions structured as managed on-site services are not allowed.) Contract Vendor or Contractor. The manufacturer responsible for delivering products or performing services under the terms and conditions set forth in the Master Agreement. The Contract Vendor must ensure partners utilized in the performance of this contract adhere to all the terms and conditions. For the purposes: of this RFP, the term Partner will be utilized in naming the relationship a manufacturer has with another company to market and sell the contract. Participating States will have final determination/approval if a Partner may be approved for that state in the role identified by the Contract Vendor. Components. Parts that make up a computer configuration. Configuration. The combination of hardware and software components that make up the total functioning system. Desktop. This is Band 1 of this solicitation. A desktop computer is a personal computer intended for regular use at a single location. A desktop computer typically comes in several units connected together during installation: 1) the processor, 32 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 252 of 636 2) display monitor and 3) input devices usually a keyboard and a mouse. Desktop virtualization endpoints such as zero and thin clients will also be included under the Desktop Band. Energy Star®. A voluntary energy efficiency program sponsored by the U.S. Environmental Protection Agency. The Energy Star program makes identification of energy efficient computers easy by labeling products that deliver the same or better performance as comparable models while using less energy and saving money. Energy Star qualified computers and monitors automatically power down to 15 watts or less when not in use and may actually last longer than conventional products because they spend a large portion of time in a low-power sleep mode. For additional information on the Energy Star program, including product specifications and a list ofqualifying: products, visit the Energy Star website at htt ://ww.w,ener star. ov. EPEAT. A system for identifying more environmentally preferable computer desktops, laptops, and monitors. It includes an ANSI standard - the IEEE 1680 EPEAT standard — and website www,epeat.net to identify products manufacturers have declared as meeting the standard. EPEAT provides a clear and consistent set of performance criteria for the design of products. It is not a third -party certification program. Instead, Manufacturers self -certify that their products are in conformance with the environmental performance standard for electronic products. FOB Destination. Shipping charges are included in the price of the item and the shipped item becomes the legal property and responsibility of the receiver when it reaches its destination unless there is acceptance testing required. FOB Inside Delivery. Special Shipping arrangements, such as inside delivery, may include additional fees payable by the Purchasing Entity. Any FOB inside delivery must be annotated on the Purchasing Entity ordering document. General Consulting. Services related to advising agencies on how best to use information technology to meet business objectives. Examples of such services would include management and administration of IT systems. Each State will have varying laws, rules, policies and procedures surrounding general consulting which need adherence. Minnesota Statute section 16C.08 defines general consulting for the State of Minnesota. https://www.revisor,mn.gov/statutes/?id=16C.08 Laptop. This is Band 2 of this solicitation. A laptop computer is a personal computer for mobile use. A laptop includes a display, keyboard, point device such as a touchpad and speakers into a single unit. A laptop can be used away from an outlet using a rechargeable battery, Laptop Band may include notebooks, ultrabooks, and netbooks. Computers with mobile operating systems will also be included under the Laptop Band. Lead State. The State conducting this cooperative solicitation and centrally administering any resulting Master Agreement with the permission of the Signatory States. Minnesota is the Lead State for this procurement and the laws of Minnesota Statute Chapter 16C apply to this procurement. Manufacturer. A company that, as one of its primary business function, designs, assembles owns the trademark/patent and markets branded computer equipment. Master Agreement. The underlying agreement executed by and between the Lead State and the Contract Vendor. Middleware. Middleware is the software "glue". that helps programs and databases (which may be on different computers) work together. Its most basic function is to enable communication between different pieces of software. Options. An item of equipment or a feature that may be chosen as an addition to or replacement for standard equipment and features. Order. A purchase order, sales. order, or other document used by a Purchasing Entity to order the Equipment. Participating Addendum. A written statement of agreement signed by the Contract Vendor and a Participating State or other Participating Entity that clarifies the operation of this Master Agreement for the Participating Entity (e.g., ordering procedures specific to a Participating State) and may add other state -specific language or other requirements. A Participating Addendum evidences the Participant's willingness to purchase and the Contract Vendor's willingness to provide equipment under the terms and conditions of this Master Agreement with any and all exceptions noted and agreed upon. Participating States. States that utilize the Master Agreement established by the RFP and enter into a Participating Addendum which further defines their participation. Participating Entity. A Participating State, or other legal entity, properly authorized by a Participating State to enter into the Master Agreement through a Participating Addendum and that authorizes orders from the Master Agreement by Purchasing Entities. Under the WSCA-NASPO program, in some cases, local governments, political subdivisions or other entities in a State may be authorized by the chief procurement official to execute its own Participating Addendum where a Participating Addendum is not executed by the chief procurement official for that state that covers local governments, political subdivisions, or other government entities in the state. Partner. A company, authorized by the Contract Vendor and approved by the Participating State, to provide marketing, support, or other authorized contract services on behalf of the Contract Vendor in accordance with the terms and conditions of the Contract Vendor's Master Agreement. In the RFP, Partner is the term that is used to call out the many different relationships a manufacturer may have with another company to market their.product including, but not limited to agents, subcontractors, partners, fulfillment partners, channel partners, business partners, servicing subcontractor, etc. Peripherals. A peripheral means any hardware product that can be attached to, added within or networked with personal computers, servers and storage. Peripherals extend the functionality of a computer without modifying the core components of the system. For the purposes of this proposal, peripherals are defined as including accessories. Peripherals may be manufactured by a third party, however, Contract Vendor shall not offer any peripherals manufactured by another Contract Vendor holding a Master Agreement. The Contract Vendors shall provide the warranty service and 33 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT HELL MARKETING L. P. Page 253 of 636 maintenance for all peripherals on the Master Agreement. Examples of peripheralslaccessoriesloptions Include but are not limited to: printers, monitors, multifunction printers, audiovisual equipment, instructional equipment, cabling, modems, networking to support server, storage and client applications such as routers, switches. Software is an option which must be related to the purchase of equipment and subject to configuration limits. Third party products are allowed to be offered as peripheralslaccessoriestoptions and may be offered in any related band. Per Transaction Multiple Unit Discount. A contractual volume discount based. on dollars in a single purchase order or combination of purchase orders submitted at one time by a Participating Entity or multiple entities conducting a cooperative purchase. Premium Savings Packages. Deeply discounted standard configurations available to Purchasing Entities using the Master Agreement. This specification includes a commitment to maintain and upgrade (keep pace with the advance of technology) the standard configurations for a stated period of time or intervals. WSCA-NASPO reserves the right to expand and modify the PSP throughout the life of the contract. See http://www.wnpsp.com/index.html. Purchasing Entity — means a state, city, county; district, other political subdivision of a State, and a nonprofit organization under the laws of some states if authorized by a Participating Addendum, that issues an order against the Master Agreement and becomes financially committed to the purchase. Ruggedized. This was band 6 of this solicitation. Ruggedized refers to equipment specifically designed to operate reliably in harsh usage environments and conditions, such as strong vibrations, extreme temperatures and wet or dusty conditions. Services. Broadly classed as installation/de-installation, maintenance, support, training, migration, and optimization of products offered or supplied under the Master Agreement. These types of services may include, but are not limited to: warranty services, maintenance, installation, de -installation, factory integration (software or equipment components), asset management, recycling/disposal, training and certification, pre -implementation design, disaster recovery planning and support, service desk/helpdesk, and any other directly related technical support service required for the effective operation of a product offered or supplied. Contract Vendors may offer, but participating States and entities do not have to accept, limited professional services related ONLY to the equipment and configuration of the equipment purchased through the resulting contracts. EACH PARTICIPATING STATE DETERMINES RESTRICTIONS AND NEGOTIATES TERMS FOR SERVICES. Server. This is Band 4 of this solicitation. A server is a physical computer dedicated to run one or more services or applications (as a host) to serve the needs of the users of other computers on a network. This band also includes server appliances. Server appliances have their hardware and software preconfigured by the manufacturer. It also includes embedded networking components such as those found in blade.chassis systems. Ruggedized equipment may also be included in the Product and Service Schedule for this band. Storage. This is Band 5 of this solicitation. Storage is hardware with the ability to store large amounts of data. This band includes SAN switching necessary for the proper functioning of the storage environment. Ruggedized equipment may also be included in the Product and Service Schedule for this band. Storage Area Network. A storage area network (SAN) is a high-speed special-purpose network (or subnetwork) that interconnects different kinds of data storage devices with associated data servers on behalf of a larger network of users. Storage as a Service (STaaS). An architecture model by which a provider. allows a customer to rent or lease storage space on the provider's hardware infrastructure on a subscription basis: E.g., manage onsite or cloud services. Software. For the purposes of this proposal, software is commercial operating off the shelf machine-readable object code instructions including microcode, firmware and operating system software that are preloaded on equipment. The term "Software" applies to all parts of software and documentation, including new releases, updates, and modifications of software. Tablet. This is Band 3 of this solicitation. A tablet is a mobile computer that provides a touchscreen which acts as the primary means of control. Tablet band may include notebooks, ultrabooks, and netbooks that are touchscreen capable. Takeback Program. The Contract Vendor's process for accepting the return of the equipment or other products at the end of life. Third Party Products. Products sold by the Contract Vendor which are manufactured by another company. Upgrade. Refers to replacement of existing software, hardware or hardware component with a newer version. Warranty. The Manufacturers general warranty tied to the product at the time of purchase. Wide Area Network or WAN. A data network that serves users across a broad geographic area and often uses transmission devices provided by common carriers. WSCA-NASPO. The WSCA-NASPO cooperative purchasing program, facilitated by the WSCA-NASPO Cooperative Purchasing Organization LLC, a 501(c)(3) limited liability company that is a subsidiary organization of the National Association of State Procurement Officials (NASPO). The WSCA-NASPO Cooperative Purchasing Organization facilitates administration of the cooperative group contracting consortium of state chief procurement officials for the benefit of state departments, institutions, agencies, and political subdivisions and other eligible entities (i.e., colleges, school districts, counties, cities, some nonprofit organizations, etc.) for all states and the District of Columbia. The WSCA-NASPO Cooperative Development Team is identified in the Master Agreement as the recipient of reports and may be performing contract administration functions as assigned by the Lead State Contract Administrator. 34 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 254 of 636 The following information was taken from the Florida Department of Management Services website, which can be found at the following link: racts and agreements/alternate contract• • equipment peripherals e • • The screen shot (below) lists Dell as a participant in the agreement. This information was taken from the website listed above: Other- Prodgxt Calenortes Jzt: Cantractsars Contractor Aye Tach Pmtners Contractors - Apg Corn" etars - Mara GGrarantrrsrs Gisco lci i r _x>. i.�t r' cf iti�, ., i a,. wic 's >5011-11-1 => ..r �� t.;t: nr >',: , r r. i�rnt titin > :S. at . ,� � sets n,-nts > Alue n t ., i` -_i , t,. l -e .o ,Gtr=. ti 11, e"IL , r ,es a Contractors Computer Equipment, Peripherals &Sery ces 43211500-WSCA-15-ACS C:einitr dors W 'W -- Cc ntracto rs a C'ccntrartors - OTII.. Ct:ontracto IJ&III Cantracto BilC.,Qor p Contractors - Fwatty_ Contractors - Fulitsu Contractors - tib, Inac:. Contractors . He wnternride. Contractors e Hitach! Page 255 of 636 CBE Code Florida Climate Friendly Preferred Products Recycled Products Utilizes Authorized resellers CoverageName Area f 'e Tech A - Non -Minority No No Yes Statewide fa�z7iE A - Nan -Minority No No No Statewide ,ecl,,.e_d A - Non -Minority No No No Statewide A - Non -Minority No No No Statewide A - Non -Minority No No Yes Statewide A - Non-Ntinority No No No Statewide ietl A - Non -Minority No No No Statewide . I't,.::..t,nd ,_ A- Non -Minority No No No Statewide refly A - Nan -Minority No No No Statewide A - Non -Minority No No No Statewide F, Inc. A - Non -Minority No No Yes Statewide 1-2 grit i- o,-, A - Non-Ntinority No No No Statewide Htac`ii:.... A - Non-Ntinority No No No Statewide n'%'a; ; A - Non -Minority No No No Statewide Page 255 of 636 6.E. CONSENT AGENDA 10/20/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/20/2015 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 October 20, 2015 - "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 Zambelli Fireworks July 4th Fireworks Display 032-2710-13/JMA July 4, 2016 and Mfg. Co. July 4, 2017 Penn Credit Corp. Debt Collection Services Piggyback City of October 17, 2015 to Lakeland, FL RFP October 16, 2016 No. 1202 Albion Staffing Temporary Employment SE FL Purchasing October 15, 2015 to Solutions, Alpha 1 Services Co-op Group; Coral October 14, 2017 Staffing, Pacesetter Springs lead agency, Bid 13 -D -140F Howard Fertilizer, Chemicals and Fertilizers PBC Co-op Bid, October 7, 2015 to John Deere Delray Beach lead October 6, 2016 Landscapes, agency; Bid 2014-33 Sunniland Corp., Univar USA MedaPoint, Inc. EMS/Ambulance Billing Resolution R14-065 August 12, 2015 to Software August 11, 2016 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 and for those bids and piggy -backs under $25,000. FISCAL IMPACT: Budgeted Funds have been budgeted under line items as noted on the attached report. Page 256 of 636 ALTERNATIVES: Not approve renewals and require new bids to be issued. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Reviewer ATTACHMENTS: Date Finance Type Description D Attachment Description of Bid Renewals and Piggy -backs D Attachment Fireworks Display Renewal D Attachment Collection Services Renewal - Penn Credit D Attachment Collection Services Renewal - Lakeland D Attachment Temporary Employ, Services - Co-op D Attachment Co-op Chemical Fertilizer - Delray Agenda D Attachment Chemical Fertilizer Responses D Attachment Chemical Fertilizer Response - Howard D Attachment Chemical Fertilizer Response - Univar D Attachment I\AedaPoint Renewal Response REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 1011212015 - 10:02 AM Finance Howard, Tim Approved 1011212015 - 10:02 AM Legal Swanson, Lynn Approved 1011212015 - 11:52 AM City Manager LaVerriere, Lori Approved 1011512015 - 3:17 FOIA Page 257 of 636 REQUESTING DEPARTMENT. RECREATION DEPARTMENT CONTACT. Wally Majors, Director of Recreation and Parks TERM: July 4, 2016 and July 4, 2017 SOURCE FOR PURCHASE: RFP No. 032-2710-13/JMA; Resolution R13-028 VENDOR: ZAMBELLI FIREWORKS MFG. CO. ANNUAL EXPENDITURE: $39,855.00 ACCOUNT NUMBER(S): 001-1211-512-48-24 DESCRIPTION OF EXTENSION: On April 2, 2013, City Commissioners approved a three year contract with Zambelli Fireworks to provide the fireworks display for the annual July 4" event at Intracoastal Park. The City has been pleased with the annual display by Zambelli and would like to exercise the renewal clause in the contract which may be renewed for two one-year periods with the same terms, conditions and pricing. Zambelli Fireworks Mfg. Co. has agreed to extend the contract forJuly 4, 2016 and July 4, 2017 for an annual cost of $39,855.00. REQUESTING DEPARTMENT. FINANCE DEPARTMENT CONTACT. Sue Moroney, Revenue Manager TERM: October 17, 2015 to October 16, 2016 SOURCE FOR AWARD: Contract between the City of Boynton Beach and Penn Credit Corporation based on the Agreement with the City of Lakeland (RFP #1202) VENDOR: PENN CREDIT CORPORATION ACCOUNT NUMBER(S): By Departments) DESCRIPTION OF PIGGY -BACK: On December 18, 2012, City Commission authorized the Mayor to sign an Agreement with Penn Credit Corporation based on a City of Lakeland Contract with Penn Credit Corporation for Collection Services on delinquent utilities and miscellaneous receivable accounts as a result of Lakeland RFP #1202. The Lakeland Contract automatically renews each year unless vendor and/or the City of Lakeland choose not to renew. The City of Lakeland and Penn Credit have agreed to continue the contract for another year. REQUESTING DEPARTMENT. FINANCE DEPARTMENT CONTACT. Julianne Alibrandi TERM: October 15, 2015 to October 14, 2017 SOURCE FOR AWARD: SE Florida Governmental Purchasing Cooperative Bid #13 -D -140F issued by the City of Coral Springs VENDORS: ALBION STAFFING SOLUTIONS, ALPHA 1 STAFFING, TAMPA SERVICE CO. d/b/a PACESETTER ANNUAL EXPENDITURE: $25,000.00 ACCOUNT NUMBER(S): Departmental DESCRIPTION OF EXTENSION: On November 5, 2013, City Commission approved the award of the Southeast Florida Governmental Purchasing Cooperative Bid for Temporary Employment Services to A & Associates, Albion Staffing Solutions, and Pacesetter Personal Services on an "as needed" basis. Public Works utilizes this bid for maintenance workers, equipment operators and facilities technicians as needed. Three vendors agreed to renew the bid and requested an increase of 5%. The City of Coral Springs received approval to renew the contract for an additional two year period with a 5% increase at their Commission meeting of September 16, 2015. REQUESTING DEPARTMENT. GOLF DEPARTMENT CONTACT. Glen Landgraf TERM: October 7, 2015 to October 6, 2016 SOURCE FOR AWARD: City of Delray Beach as lead agency in a joint bid with Boynton Beach, Boca Raton, and Greenacres VENDORS: HOWARD FERTILIZER, JOHN DEERE LANDSCAPES, SUNNILAND CORP., UNIVAR USA ANNUAL EXPENDITURE: $145,000.00 ACCOUNT NUMBER(S): 411-2911-572-52-19 and -21 DESCRIPTION OF EXTENSION: The City of Boynton Beach participated in a joint bid for chemicals and fertilizers with the City of Delray Beach as the lead agency. City of Boynton Beach Commission approved award of the bid on October 21, 2014 with chemicals and fertilizers to be ordered on an "as needed" basis. The chemicals and fertilizers are primarily used for the Golf Course, but are also used by Forestry and Grounds and the Cemetery as necessary. This bid allowed for two (2) one-year extensions and the City of Delray Beach Commission has approved the first one-year renewal based on staff recommendation. Four of the original nine vendors have agreed to extend the bid. Two of the vendors have requested increases for some items as outlined in the supporting documentation. REQUESTING DEPARTMENT. FIRE DEPARTMENT CONTACT. Vicki Dorneiden TERM: August 12, 2015 to August 11, 2016 SOURCE FOR AWARD: Resolution No. R14-065 VENDOR: MEDAPOINT, INC. ANNUAL EXPENDITURE: $7,000.00 ACCOUNT NUMBER(S): 001-2210-522-46-91 and -49-17 DESCRIPTION OF EXTENSION: With Commission approval on August 5, 2014, the City of Boynton Beach entered into a one-year agreement with MedaPoint, Inc. to provide system software for EMS/Ambulance billing at $0.89 per billable claim, and an annual licensing fee of $3,900.00. MedaPoint has agreed to renew the Agreement for an additional one-year period with the same terms, conditions and pricing. RFP: "RFP FOR A THREE YEAR CONTRACT FOR THE JULY 4°h' FIREWORKS DISPLAY" RFP No.: 032-2710-13/JMA AGREEMENT EXTENSION TERM: JULY 4, 2016 and .JULY 4, 2017 Yes, I agree to renew the existing Agreement under the same terms, conditions and pricing for a two-year term, Yes, I agree to renew the existing Agreement under the same terms, conditions, for the two-year term with the following requested increase: No, I do not wish to renew the Agreement for the following reason(s): ZAMBELLI FIREWORKS MFG. CO. lkqlr.1181114111+ �150 -1 M 11 1 �ic NAME OF REPRESENTATIVE (please print) 0 1 DATE TUR 011-A f tgAo - TITLE U (5�'o 2q5`695_5 (AREA CODE) TELEPHONE NUM6EI America's Gateway to the Gulf Stream Page 260 of 636 Allbrandi, Julianne From: Donagher, Rhett <Rhett.Donagher @penncredit.com> Sent: Friday, September 18, 2015 1:04 PM To: Alibrandi, Julianne Cc: Mennell, Philip Subject: RE: Piggy -backing the City of Lakeland Contract Penn Credit authorizes the City of Boynton Beach to piggy -back the City of Lakeland RFP No. 1202 for Debt Collection. From: Alibrandi, Julianne [mailto:AlibrandiJ@bbfl.us] Sent: Friday, September 18, 2015 10:58 AM To: Donagher, Rhett Cc: Mennell, Philip Sublect: RE: _' ig - -ba Z39MI= That is great news! If you would, please state in an e-mail that Penn Credit authorizes the City of Boynton each to piggy -back the City of Lakeland RFP No. 1202 for Debt Collection. Thank you for the prompt reply and the good news. Julianne Alibrandi, Senior Buyer Financial Services City of Boynton each 100 E. Boynton each Iv.' Boynton each, Florida 33435 o: 561-742-6322 AlibrandiJ bbflAM I AAK.bo nton--beach.org El F71 America's Gateway to the Gulfstrearn Please be advised Oat F1-xxft&xs x&rxxYTuW1c recxrYs lxw xxa! xY cxrresXx;;Yefice tz mve vir emrii mxyte s tI disclosure. Under Florida records law, emaft addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. Sent: Friday, September 18, 2015 10:55 AM • Alibrandi, Julianne Page 261 of 636 Cc: Mennell, Pp Subiect: RE: Pjggy-backinV Hi Ms. Alibrandi, The answers to your questions are Yes and Yes. Please let me know if you need anything from us to con in providing services. Sent: Friday, September 18, 2015 10:53 AM To: Donagher, Rhett * ELLipu, - • Fml-ffrno extend tne agreement With Penn Credit tor the term October 17, 2015 through October 16, 2016. Log vp J 1 qr� K:4;.m (or: I I (9ITJA I If:& M• -- c �-- � I M -- Financial Services City of Boynton Beach 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 o: 561-742-6322 Alibrandq@_�bfl.us I AAA.bo nton-beach.orE America's Gateway to the Gulfstream Please be advised ttat Floridakas a brzaY iTutfic recirYs Irw xxi x/I cxrres;r.T;;Ye;;ce tz me vir emzil mxyte s--Ijez to disclosure. Under Florida records law, email addresses are public records. Therefore, your e-maff communication xnd your e-mail address may be subject to public disclosure. Rhett Donagher Page 262 of 636 Manager of Sales and Marketing T: 800-800-3328 x3003 M: 561-371-2937 F: 717-238-0901 E: Rhett.DonRghgr@pqnncred1t.com Penn Credit Corporation This email transmission and any documents, files or previous email messages attached to it may contain information that is confidential or legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, printing, distributing or use of this transmission is strictly prohibited. If vou have received this tran iii - I -Y Z-aws • TO&T-1 ME-, IT -AT9 Tyj rw TOM J—Tricfins or opinions presented in this email are solely those of the author and do not necessarily represent those of the company. Finally, the recipient should check this email and any attachments for the presence of viruses. The company accepts no liability for any damage caused by any virus transmitted by this email. Page 263 of 636 Alibrandl, From. Walls, Tara • • • • Thursday,R • i i Alibrandi, Subject: FW: RFP 1202 - awarded to Penn Credit W Sorry for the delay, I was waiting to hear from the department as to if they were renewing for another year and I just received confirmation this morning (see below), Do you need any additional information: I N Senior Purchasing Agent Risk Management & Purchasing � City of Lakeland Florida1140 E. Parker Street Lakeland, 33801 863.834.6780 1863.834.6777 From: Lee, Melissa Sent: Thursday, September 24, 2015 10:29 AM To: Walls, Tara Subject: RE: RFP 1202 - awarded to Penn Credit Yes, the automatic renewal for the one-year period will beginning October 27, 2015 through October 16, 2,016 for PennCredit. Melissa Lee Contract Analyst I Contract t Services I Lakeland Electric 361 P. Lemon street, LE -CONTRACTS, I_ eland, FL 33801 (363) 334-6342 From: Walls, Tara Sent: Thursday, September 24, 2015 10:23 AM To: Lee, Melissa Subject: FW: RFP 1202 - awarded to Penn Credit Goo . - R - Good rnorningl Do you happen to know if LE renewed with Pena Credit for another year? Page 264 of 636 From: Walls, Tara Thursday, _ . - To: Morand, Deborah; Wisham, Amanda Subject: FW: RFP 1202 - awarded to Penn Crel Good afternoon! Did you renew Frith Penn Credit for the upcoming fiscal year? Sent: Wednesday, September 16, 2015 9:40 AM To: Walls, Tara Subject: FW: RFP 1 awarded to Penn Credit Good Morning Tara, This morning when I called your office, I was told that I had the incorrect -mail address, Please see my -mail of September loth below. Thank you for your time. WO Pleace bc advised that Florida has as brood public records law and all correspondence to me via email may be sukJcct to addsclosure..un der Florida records law, earsaxdd addresses are public records. 'Therefore, your e-mail communication and your e-aaaazd6 address may he sa bJect to public discussers. Alibrandi, Sent: Thursday, September 10, 2015 11:25 AM ! . .: ! ! RFP 1202 - awarded to Penn Credit Page 265 of 636 OM least be be advised t1wr HoHda has a brof.0 public records low and all cof-respondence to nre viey ernaff may be subje( t to disc losur e , IMdei Florida recoTels law, email addresses carr lacy clic: rec&rds. Therefore, yout eqFrail con-mrurpication and your e-mail addrel,: may be sub I ect to pul)tic discjc,wore All e-mail sent to and rv, .1 V*OH'rthG m4wTurs Records Law, Florida Statute Chapter 119, and may be subject to disclosure. Page 266 of 636 Cooperative Group, CON"Y'RACT AWARD BIDIRFP NO.: 13 -D -140F DESCRIPTIONITITLE: Temporary Employment Services INITIAL CONTRACT PERIOD: 1 011 5/1 3 —10114115 FIRST RENEWAL: 10-15-15 —10-14-17 TERM OF CONTRACT: 2 year term 2 additional 2 year renewal option available u. .... .w ..... w.w....ww.ww..a.........a..................a................................... SECTION #1 - VENDOR AWARD Multiple vendors — see award letters, agenda memo and tabulation attached. Field Staff: Albion Staffing Solutions, Tampa Service Co., Inc. d/b/a (Pacesetter Office Staff: Albion Staffing Solutions, Alpha 1 Staffing f far ... ...•............uw.......ss.w...ww...w.•.wrwwe.wenxr.uwx...a awwa..im•.ma..a..a•u.:..w.n...w...a........w«.am,...f....+wu...........f..a.... SECTION #2 — AWARDIBACKGROUND INFORMATION Initial Award Date: October 2, 2013 First Renewal Award Date: September 21, 2015 Resolution/Agenda item No.: Insurance Required': X Yes No Performance Bond Required: Yes X No #m.Yf.sun®....e..w..u.w.w.......asM.rw.......... .......w.f wfH.w.b..w...i.ap.uwl.......... w.a5.f..f.en.Y fmw.b.w.•.s..s.6.ww.u..u...f..u..M.Mfu.....uu.u....u..s.m.w..m....w...4wrw.. SECTION #3 - PROCURING AGENCY Agency Name: City of Coral Springs Agency Address: 9551 W Sample Road Coral Spring, FL 83065 Agency Contact: Gail Dixon Telephone: 954 344-1104 Facsimile: 954 344-1186 Email: gdixon@coraisprings.org Page 267 of 636 BID 13-D-14OF TEMPORARY EMPLOYMENT SERVICES FOR S.E. FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP PARTICIPATING AGENCIES FOR RENEWAL PERIOD 10115115 —1 0114117 Coral Springs — Lead Agency Boynton Beach Coconut Creek Cooper City Dania Beach Davie Deerfield Beach Ft. Lauderdale Hallandale Beach Hollywood Lauderdale Lakes Miami Gardens Miramar N. Palm Beach Oakland Park Sunrise Tamarac West Palm Beach Page 268 of 636 Meeting: September 16, 2015 City of Coral Springs Department: Financial Services City Commission Meeting Agenda Item Initiated By: Gail Dixon Summary Sheet DOC ID: 4577 SUBJECT: Temporary Employment Services PLACEMENT: Consent REQUESTED ACTION: Request to renew the contract for Bid #13 -D -140F for Temporary (INCLUDE CONTRACT Employment Services for Blue Collar Positions to Albion Staffing START/TERM DATES) Solutions of Miami, FL. and Tampa Service Company Inc of Houston, TX and the contract for Temporary Employment Services for White Collar Positions to Albion Staffing Solutions of Miami, FL and Alpha I Staffing of Miramar, FL from October 15, 2015 through October 14, 2017, The estimated annual expenditure is $150,000. (REQUEST TO RENEW) PROJECT REVIEWED BY OR INCLUDED IN: ATTACHMENTS: Using Department: City -Wide 2. Justification for Award Recommendation: X Most responsive and responsible Bidders Highest ranked Proposer Other: 3. Is this item in the adopted budget? X Yes No 4. Is this item in the CIP? Yes X No 5. Additional Information: The Southeast Florida Governmental Purchasing Cooperative Group began approximately 23 years ago with a small group of Broward County cities. The Co -Op has grown to 46 entities from Broward, Miami -Dade, and Palm Beach Counties. The Co -Op combines the buying power of the members on products or services purchased by most of the members to achieve the best available pricing under a term contract. The Co -Op also reduces time spend on bidding procedures and the quantity of bids that any individual Co -Op Agency would issue. A lead agency completes the bidding for all members that wish to participate in that product or service. The City utilizes Temporary Employment Services in lieu of full-time staff or part-time personnel on a regular basis. The hourly rates are low and staff time is saved Page 269 of 636 City of Coral Springs Commission Meeting Agenda Item Summary Sheet Meeting: September 16, 2015 Subject: Temporary Employment Services processing applications and hiring personnel for temporary assignments. It also affords the opportunity to obtain personnel with only a 24 hour notice. The City of Coral Springs is the lead agency for the Temporary Employment Services Contract, which was utilized by 21 of the Cooperative Agencies. The first two year renewal term of the contract will be utilized by 16 returning agencies and 3 new agencies in the tri -county area. Three vendors are selected for the Temporary Services Contract awards, as the work force available from each vendor varies. Multiple vendors also allow each Co -Op agency a better opportunity to find appropriate personnel. A five percent increase in the hourly rates was requested, and is being recommended by staff. The recommended increase is due to the current more competitive labor market, two yearly increases in the Florida Minimum Wage and additional federally mandated health care expenses for insurance coverage provided by the vendors to their temporary work staff. The Parks and Recreation Department has been the main user of the Blue Collar positions for custodial personnel, irrigation, and ground crews with great success. Code Enforcement, City Attorney's, and Public Works have utilized the contract for office assistants, senior office assistants, and maintenance workers. The quality and dependability of the temporary staff has been quite good, the savings substantial, and several have gone on to obtain full time employment with the City. Examples of positions and hourly wages with the 5% increase is as follows: Position Vendor Current Hourly Rate 5% Increase Maintenance Worker Albion Staffing $10.40 $10,92 Lead Worker Tampa Service Co $14-20 $14.91 Office Assistant Albion Staffing $11.56 $12.13 Senior Office Assistant Alpha I Staffing $1144 $14.11 The Purchasing Division recommends the renewal of the Temporary Employment Services contract to the listed vendors. Copies to: M. Heller, Director of Financial Services S. Grant, Deputy City Manager S. Whitacre, Deputy City Attorney J. Hearn, City Attorney ig= Page 270 of 636 September 21, 2015 Mr. Larry E. Kosta Tampa Service Co., Inc. d/b/a Pacesetter Personnel Services 120 Mountain Laurel Way Austin, TX 78737 REFERENCE: Temporary Employment Services for Southeast Florida Governmental Purchasing Cooperative Group, Bid 13-D- 1 40F Dear Mr. Kosta: I am pleased to inform you that the Coral Springs City Commission, at their regular meeting of September 21, 2015, awarded the first two year renewal of the aforementioned Bid for Field Staff to Tampa Service Co., Inc. d/b/a Pacesetter Personnel Services. The term of this contract is for a period of two years commencing from October 15, 2015 through October 14, 2017 with one additional two-year renewal option available. Pursuant to the terms and conditions of this Bid, your certificate of Insurance must be forwarded to this office, naming the City of Coral Springs as additional named insured. with coverage and limits described in the bid's Insti-uctions to Bidders, Section 6. Your certificate must be kept current and on file throughout the term of this contract. The attached list of Job positions and hourly rates are noted on the tab and are the only items awarded to your firm under this contract. Any other positions or rates are outside of this contract. The City looks forward to a successful additional information, or have concern Purchasing Agent Gail Dixon in this office Sincerely, Angelo Salomone Purchasing Administrator AS-.mlm business relationship in this regard. If you require s in this matter, please do not hesitate to contact cc: D. Pazdra, Director of Human Resources R. Engle, Director of Parks & Recreation Southeast Florida Governmental Purchasing Cooperative Group Participating Members CITY OF CORAL SPRINGS, FLORIDA 9 FINANCIAL SERVICES DEPARTMENT - PURCHASING DIVISION 9551 W. Sample Road o Coral Springs, FL 33065 o CoralSprings.org Phone 954-344-1100 - Fax 954-344-1186 Page 271 of 636 September 21, 2015 Ms. Garrie Harris, President Alpha I Staffing/Search Firm 3350 S.W. 148' Ave., Suite 220 Miramar, FL 33027 REFERENCE: Temporary Employment Services for Southeast Florida Governmental Purchasing Cooperative Group, Bid 13-D- 140F Dear Ms. Harris: I am pleased to inform you that the Coral Springs City Commission, at their regular meeting of September 16, 2015, awarded the first two year renewal of the aforementioned Bid for Qffice Personnel to Alpha I Staffing/Search Firm. The term of this contract is for a period of two years commencing from October 15, 2015 through October 14, 2017 with one additional two-year renewal option available. Pursuant to the terms and conditions of this Bid, your certificate of Insurance must be forwarded to this office, naming the City of Coral Springs as additional named insured, with coverage and limits described in the bid's Instructions to Bidders, Section 6. Your certificate must be kept current and on file throughout the term of this contract. The attached list of job positions along with the hourly rates are noted on the tab and these are the only items awarded to your firm under this contract. Any other positions or rates are outside of this contract. The City looks forward to a successful business relationship in this regard. If you require additional information, or have concerns in this matter, please do not hesitate to contact Purchasing Agent Gail Dixon in this office. Sincerely, Angelo Salomone Purchasing Administrator AS:mlm cc: D. Pazdra, Director of Human Resources Southeast Florida Governmental Purchasing Cooperative Group Participating Members CITY OF CORAL SPRINGS, FLORIDA - FINANCIAL SERVICES DEPARTMENT * PURCHASING DIVISION 9551 W. Sample Road - Coral Springs, Fl. 33065 • Cora ISprings.org Phone 954-344-11 DO - Fax 954-344-1186 Page 272 of 636 September 21, 2015 Mr. Andrew Titley, Managing Director Albion Staffing Solutions, Inc. 2520N.W. 97thAvenue, #110 Doral, Florida 33172 REFERENCE: Temporary Employment Services for Southeast Florida Governmental Purchasing Cooperative Group, Bid 13 -D -140F Dear Mr. Titley: I am pleased to inform you that the Coral Springs City Commission, at their regular meeting of September 21, 2015, awarded the first two year renewal of the aforementioned Bid for Field Staff & Office Personnel to Albion Staffing Solutions, Inc. The term of this contract is for a period of two years commencing from October 15, 2015 through October 14, 2017 with one additional two-year renewal option available. Pursuant to the terms and conditions of this Bid, your certificate of Insurance must be forwarded to this office, naming the City of Coral Springs as additional named insured, with coverage and limits described in the bid's Instructions to Bidders, Section 6. Your certificate must be kept current and on file throughout the term of this contract. The attached list of job positions along with the hourly rates are noted on the tab and these are the only items awarded to your firm under this contract. Any other positions or rates are outside of this contract. The City looks forward to a successful business relationship in this regard. If you require additional information, or have concerns in this matter, please do not hesitate to contact Purchasing Agent Gail Dixon in this office. Sincerely, Ang&34alomone Purchasing Administrator AS:mlrn cc: D. Pazdra, Director of Human Resources Southeast Florida Governmental Purchasing Cooperative Group Participating Members CITY OF CORAL SPRINGS, FLORIDA - FINANCIAL SERVICES DEPARTMENT - PURCHASING DIVISION 9551 W. Sample Rood o Coral Springs, FL 33065 - CoralSprings.org Phone 954-344-1100 a Fax 954344-1186 Page 273 of 636 Page 274 of 636 � � � OG --] �r � .A W k4 .-• --7 � In � W iJ •-- I I 00 0 p 00 �.R 1-j v` w w �� rn �- N w C7 .P Cr 4. !R 00 O 0 i> 8 G .P A N to �1 p r O G S' 1Q O O O ui tta "` C> O n O O Ci Cl 0' O 0 0 0 0 0 tv '-a O O O O O '. O Ca > n n _n w �' G CD tea coo �k � � 0 � � � 0 st°'i � �. � � � � v. � " �: � • '�C � � 0. `�. tic 7 Do o p n O �.fir.' .. n w. n Eelv• CSD n CP O G O � ctafr_sltys e �i �_�s9� �s9r��_� ��b5 � � ,�+�� • W v, in A A W bo Cn W A N N .p <.. 00 Ya .p r N LA S.n w w N -.] cn t,es h.? �-• -.] w •— l� C> CY FJ a1 N w p Ot w � °= ra '� a` c`a• co C ►•3 t w w #b—t+��O� �r to � N � � v O Ov V 4*� 6 w b9 bs 69 iY9 a 69 X7+5 b`7 w W v w A Q: .41 C\ h i, ca o v cn C) Gq c 4A S.n 00 09 00 +-• cS \0 .-• 6l, is o � b n" Page 274 of 636 4 X Z q v q 0 0) 0 v 4 Fj- rt m m M lj (D rr Ln n QXO Q m m ID il P, p - o tj n mm 0 0 0 0-t 0 0 4 tt m m w 0 0 p- w ti ti rt p- tq X, w 0 w I-- r 0 ct M (D 0 rr 0 0 cr rt 0 0 H :4 rr P. P. 0 0 H lb su 0 n m t0 17 0 ;x 0 (A ft 0 ti M H- H. rr 0 H. rr 0 rt 0 rr F- m p- 0 Ol Pi t 0 ri :j IV 0 Aa iS (D m 0 m 0 0 rr d) rP. P. 0 0 0 iv to to rr w a0 rr Al rr m P- LA m p- 0 dp 0 LQ to P. to ti F 0 ti P to H :0 W 0 0 (D P ts rt on rt m H 0 x P. P, 0 m rt psi 0 W 0 (D 15 " I I- rt m rt 0 m pry- Page 275 of 636 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Holly Vath, Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: August 6, 2015 SUBJECT: AGENDA ITEM - MEETING OF SEPTEMBER 15, 2015 BID AWARD RENEWAL/MULTIPLE VENDORS/CHEMICALS AND FERTILIZERS BACKGROUND Staff recommends approval of the following motions: . Renewal of Bid 2014-33 for chemicals and fertilizers for one year through October 31, 2016 with Howard Fertilizer & Chemical Company, John Deere Landscapes, Sunniland Corp, and Univar USA. . Approve fiscal year 2016 spending not to exceed $40,000 for each vendor in accordance with Code of Ordinance Section 36.03(B), Multiple acquisitions from Vendor exceeding $25,000 in any fiscal year. The City of Delray Beach was the lead agency on this joint bid with the City of Boynton Beach, City of Boca Raton and the City of Greenacres for the purchase of chemicals and fertilizers. These are ordered as needed. The City Commission approved the initial award on October 7, 2014. The products are primarily used for parks and golf course maintenance. This bid allowed for two (2) one-year (1) extensions subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interests of the City. Staff is requesting approval for the first one-year renewal extension. LEGAL DEPARTMENT REVIEW Approved as to form and legal sufficiency. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. FUNDING SOURCE Page 276 of 636 http://itwebapp/novusagenda/Preview.aspx?ItemlD=9459&MeetingID=577 9/2/2015 Page 2 of 2 001-4511-539-52.26 Operating Supplies/Gardening 119-4144-572-52.21 Beautification Trust Fund/Operation 445-4714-572-52.26 DB Municipal GC/Operating Supplies 446-4714-572-52.26 Lakeview GC/Operating Supplies/Gardening Supplies RECOMMENDATION Staff recommends approval of the following motions: . Renewal of Bid 2014-33 for chemicals and fertilizers for one year through October 31, 2016 with Howard Fertilizer & Chemical Company, John Deere Landscapes, Sunniland Corp, and Univar USA. . Approve fiscal year 2016 spending not to exceed $40,000 for each vendor in accordance with Code of Ordinance Section 36.03(B), Multiple acquisitions from Vendor exceeding $25,000 in any fiscal year. Page 277 of 636 http://itwebapp/novusagenda/Preview.aspx?ItemlD=9459&MeetingID=577 9/2/2015 voo pit cn Howard Fertilizer & Chemical Co Laura Dobbins 83OGSouth Orange Ave Orlando, FL 32809 Dear Laura Dobbins. - This is in reference toCo-Op Bid No.3014-33nelaMng *zChemicals and Fertilizers. In essence, the City of Delray Beach is the lead agency on this joint bid with the City of Boynton Beach. City of Boca Raton and the City of Greenacres for the purchase of chemicals and fertilizers that will be ordered onan"as needed" basis via purchase order. We. the City of Delray Beach. would Uke to renew the Bid Agreement at the same terms, conditions for the first one-year extension subject to vendor acceptance, satisfactory performance and determination that renewal will beinthe best interests ofthe City. The original bid allows fora price escalation upon renewal. Please indicate below your desire to renew and if you will be requesting a price escalation. All others bonns and conditions of the agreement would be extended for one year. Please respond byJuly YO.2O15. Thank you for your prompt attention. Please feel fnyo to contact us in City of Delray Beach, Purchasing Department, should you have any questions. Our email address is Contract Administrator Check the appropriate Box I hereby agree to the one (1) year extension at the same prices ,x'_1 hereby agree to the one (1) year extension with a price increase I am unable to provide a one (1) year extension Page 278c}f636 �r,yExfriF Upstart Products, Inc. Gi 'v Susan Freeman i;f JI 4286 Capron Road Tittusvilie, FIL 32780 Dear Susan Freeman: This is in reference to Co -Op Bid No 2014-33 relating to Chemicals and Fertilizers. In essence, the City of Delray Beach is the lead agency on this joint bid with the City of Boynton Beach, City of Boca Raton and the City of Greenacres for the purchase of chemicals and fertilizers that will be urdElFed 3o an' -as needed" basis via purchase order We, the City of Delray Beach, would like to renew the Bid Agreement at the same terms, conditions for the first one-year extension subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interests of the City. The original bid allows for a price escalation upon renewal. Please indicate below your desire to renew and if you will be requesting a price escalation All others terms and conditions of the agreement would be extended for one year Please respond by July 10, 2015 Thank you for your prompt attention. Please feel free to contact us in City of Delray Beach, Purchasing Department, should you have any questions Our email address is Purghasing(QmvdeIravbeach.com. Respectfully, J, Melissa Thorn Contract Administrator Signature Print game Date Page 279 of 636 100 N W I st AVENUE FL AY BEACH, FLORIDA 33444 56l1243-7000 John Deere Landscapes Keith McGinty 1385 East 36th Street Clevemand, OH 44114 Dear Keith McGinty: This is in reference to Co -Op Bid No.2014-33 relating to Chemicals and Fertilizers. In essence, the City of Delray Beach is the lead agency on this joint bid with the City of Boynton Beach, City of Boca Raton and the City of Greenacres for the purchase of chemicals and fertilizers that will be ordered on an "as needed" basis via purchase order. We, the City of Delray Beach, would like to renew the Bid Agreement at the same terms, conditions for the first one-year extension subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interests of the City. The original bid allows for a price escalation upon renewal. Please indicate below your desire to renew and if you will be requesting a price escalation. All others terms and conditions of the agreement would be extended for one year. Please respond by July 10, 2015. Thank you for your prompt attention. Please feel free to contact us in City of Delray Beach, Purchasing Department, should you have any questions. Our email address is %. unudut i-wirmustrator Check the appropriate e 66.x. I hereby agree to the one (1) year extension at the same prices I hereby agree to the one (1) K year extension with a price increase - Sef- 0J lam unable to provide a one (1) year extension Wth McGinty Print Name Page 280 of 636 -SERVICE - PERFORMANCE - INTEGRITY - REE5PONSIBE - IINNOVATIVC- - T11: A 1A W 0 P K Page 281 of 636 Bill To: City of Delray JOHN DEERE a Beach (#258560) 100 NW istAve LANDSCAPES Accots Paya Deay Beach, FL 33444- 2612 Boca Raton FL #402 W: (561)243-7161 1090 S Rogers Cir Boca Raton, FL 33487.2815 Ship 10: W: (561)998.2887 City Of Delray Beach (#258560) 100 NW 1 st Ave Accounts Paya ;Created IQuote# (flue Date ;Expected Awarci [3aiej xpirai ion_Date Defray Beach, FL 33444- y _ _�� __ ;07!0712015 2395085'07/10/2015; 08/07/2015 0810712015 j 2612 ---� _.m��V - W: (561)243-7169 Printed±Job dame 'Job Description bStart Jae -�07/09/2015—mIDelray 0 Beach, �RENEEWAL BID 2014-33 Chemicals l ':City _ 0810712015 08:52:18 of Fertilizers Page 281 of 636 33 79545312 Revolver is now an "Agency"pficeditem. Pricing is strictly control by 11550.800 the manufacturer. $550,80 Is the current manufacturers cost. 1 550.80 ::,34_ 069289 -.Prosecutor .5,Gal -. J ::44-500 44.60 35 10056566 Crosscheck P1 Granular Insecticide 25# Bag 1 12.250 1225 36 090730- LA LebanpnCountry Club 12-24-8E 50% Mu AS 1 46A '46.40 37 110062152 lCrosscheck Plus 1 Gal Tip N Pour Insecticide 1 11 30.4601 30.46 Total Price: $ 1,482.03 Quoted price is for material only, Applicable sales tax wit be charged when Invoiced. All product and pricing information ts based on the latest information available and is subject to change without notice or obligation, Page 282 of 636 Sunni|amd Corporation Erik Thor P.O. Box 8001 Sanford, FL 32771 Dear Erik Thor-. This is in reference tnCo-Op Bid No,2014-33 relating to Chemicals and Fertilizers. In essence, the City of De/may Beach is the lead agency on this joint bid with the City of Boynton Beach. City of Boca Raton and the City of Greenacres for the purchase of chemica!s and fertilizers that will be ordered onon"as needed" basis via purchase order. We, the City of Delray Beach. would like to renew the Bid Agreement at the same termo, conditions for the first one-year extension subject to vendor acceptance, satisfactory performance and determination that renewal will beinthe best interests ofthe City. The original bid allows for a price escalation upon nynevoaL Please indicate below your desire to renew and if you will be requesting a price escalation. All others bynns and conditions of the agreement would beextended for one year, Please respond byJuly 1O'2015. Thank you for your prompt attention, Please feel fnaa to contact us in City of Delray Beoch, Purchasing Deportment' should you have any questions. Our email address is Melissa Thorn Contract Administrator Check the appropriate Box I hereby agree to the one (1) year extension at the same prices I hereby agree to the one (1) year extension with a price increase I am unable to provide a one (1) year extension Signature Print Name � �� SC,A��A�/�/A/�� L�/r—/-' '� '/��/� . � Page 283of 636 o f y a p �j $/. k SCHEDULE OF PRICING DESCRIPTION 1 I ACEPHATE Fl -; L -L ETT G -Ts ,atiu r -p- 3 AMDKO ANT KILLER 4 AQUANI✓T(30gallondrw)— Ruc�dt,Q 5 AQUA SHADI✓ 6 AQUAT1401. SUPER 7 ATRAZINE 41 - HERBICIDE 8 AWARD 1:�` 9 BARRICADE 65 WG - R SSG i ix l z l�vr 10 BASAGRAN 11 BIVERT 12 BLAZONSP (oregWivalent) S}�ima. 13 CAPTAN 14 CHIPCO GT 26 FLO 15 CHIPCO Top C.HOIC.0 INSECTICIDE 1E— CDI-€ERE - Glc'-Aw SLu ar-I"cuni VD12O 17 UACONIL WEATHER STICK 1S DACONIL 7.N W/ZINC 19 DFr- OAMCRNOhl TOXIC 20 DITNANE45 WETABLE POWER - DRIVE 75 DF .. r i,4L- KL R';. 22 DURSBAN 2,5 (granular) INSECTICIDE 23 DU SBAN CRICKET BAIT 1% 24 DURSBAN PRO 2.5 GALS C9. ec low � 25 FINALE HERBICIDE 26 DIRE ANT AIVIDRO BAIT (granular) 27 FUSILADE LIQUID 26 GARLON 424 (VEGETATION 29 1-16PUTA G E EST. -- MINIMUM ANNUAL UNIT E MIT UNIT SHIPPING USAGE SIZE COST SIZE SIZE I QTY. 1380 LBS. Wr 700 Las. $2q.W s 1000 LBS. . .55 b 151 5 20 DRUMS $ 22 GALS $ A 4360 Les.. $ i A — 300 GALS $ 2 300 LM. $ G1.00 55 b 1060 Les. $ 250 GALS V-50, I 260 GALS $ A 300 GALS $ 2-q C 2500 GALS $ rq 1A 250 GALS $ 1 1 x}-58, C 4fl,3E}0 Le$- $ 375 GALS $ �a 300 GALS $ 275 cALs $�. 260 PINTS $ j 912 LBS. $ b U 3D5 3Q') LSS ; $ 15Oq1& 'z 555 %Bs• $ 1750 LBS. $a 3 260 GALS $ �J 500 GALS $ 1272 Lss. $ g• 55 `' 240 QTS 375 GALS $ -l9 !{O uA 2 250 1 LBS, $ -A i -"i _ c;r, lb I -!_% Bid No. 2014-33 Chemical m)d Fertilizers - CO-3PBid 2911",, u e Page 284 of 636 DESCRIPTION ANNUAL �UNIT USAGE SIZE 30 ILLOXAN 3EC6 cua 31 IMAGE (Contains-anjmoiiium, salt, hnauquizi) 250 32INDUC°8 (2 X 2.5 gals per case) 120 33 ICF..RI3 50 W SP •- k erb SG 350 ( 3 34 LEMWET 150 $ }{I;Ri3IGII�E (1.3 or.. parUatlle)- 20(3tNCOZES GALS $�1�.1A X1378 E35rM1j.ANACrI FUND€CIDE w eii+ rah lon 200 37itIT75W51 �tiV3 1002 38 SMA 6,6 550 39 MSMA + SURFACTANT `100 40 OPTIMA — qe l uA 200 41 OItI H NI (I lb. can) 630 42 PENDULUM 3.32C 1100 43 PENDULUM AQUA CAP 180 44 PRL -M v�n�,`� 4080 45 PRIMER604 - �te� e��- 150 46 PRIMA 150 47 PRO STAR 70 WP 780 48 QUIKP€ O 13Y ROUNDUP (6.8 Ib. jugs.73,39%) 200 49 REWARD 250 50 REVOLVER HERBICIDE- — 150 I. RODEO 140 220- 52 rONSTAR 2 G 3015 53 ROUN 172 54 ROUND PRO N1kx — 32 55 ROUNDUP PROCONCLNTRATF 50 HERBICIDE (30 gallon (1rtim ) 56 ROUNDUP PRO CONCENTRATE 77 HERBICIDE (30 gallon drum) 57 SENCOR75'1',K.V 3`10 58 SEVIN 80 LISP 65 59 SHVIN LIQUID 15 60 SONAR PR 820 61 SUBDUE MAX 264 52 1 SURI;LAN AS TIO 250 aTLs $ MINIMUM UNIT UNIT SHIPPING COST SIZE SIZ>r! ETY. m �ALs 3 $7.50_ $ GALS _7 GALS $�1�.1A X1378 $`� 0-Z9 •�� aTLs $ GALE s 7y. OD 3ALS w GALS $ A GALS $ I A— �ALs �$ taQ3 DRUM $ GALS �, GALS $�1�.1A GALS $`� 0-Z9 GALS $CpCc-5o, GALS $ � LSE GALS I3id No, 2014-33 Chemical and Fertilizers - Co-ol) Bid 291 i'' ,� 8LA: Page 285 of 636 STs � �. 33 t 3ALS $ LBS. $ I �_ DRUM $ �, � Jr CASE $�•- '�� DRUM $ GALS �, LBS. Z5 1-[p. 00 LBS. $ A CASE $1 tiq. g GALS GALS $.`� •�� I3id No, 2014-33 Chemical and Fertilizers - Co-ol) Bid 291 i'' ,� 8LA: Page 285 of 636 74 AQUA'I TOL X2 is 2 5 2000 LOS' $ I ST. 75 MANICURE—rb�yYlej- 200 GALS $3a?O MINIMUM 76 i7UPU1V T A 3 VIUN MOL1 CRI -CUT BAIT•- 24,000 DESCRIPTION ANNUAL UNIT UNI -r UNIT SHIPPING 78 [IMPEL RED 300 LBS. $ A USAGE SIZE COST SIZE SIZE I QTY. 63 TALSTARLIQUID 400 GALS $ 82 TFRRAZOLI? 364 LES' $ a• V0 64 TALSTAR 2G ' -">i Uzi 5+0C ?L. 1000 LBS' 0. Lep— 200 2-5 6. TOP CHOICE 25,350 LES. $ 2.5D 1 oco ib 6G TRACKER [)YH— BLU1~ DYE SPR!.. 550 GALS $ , t ,90 aA 87 sm TR vIRC PLUS 250 GALS $ ,i. 88 68 WETTING AGENT 810 GALS $ 1a :2.5 69 CRIPCO SIGNATURE 790 LES. $?q.(p0 DISMISS 15 b 70 CERTAiNITY 56 OZ $ X17. In oZ 1.2,5 oz 71 ClDE KICK 350 GALS $ � � � , �j Dct� 74 AQUA'I TOL X2 is 2 5 2000 LOS' $ t� 75 MANICURE—rb�yYlej- 200 GALS $3a?O a 76 i7UPU1V T A 3 VIUN MOL1 CRI -CUT BAIT•- 24,000 LBS. $ 10 19 77 DUPONT ADVION FIRE ANT BAIT 550 LOS. $ � Z 78 [IMPEL RED 300 LBS. $ A 79 WEEDA.R 64 3fl0 GALS $ I2+S0 �J $0 l-[ABITAT (ticrbicic[e} 150 GALS $ 81 NEC) TZC (Nematode Control) 250 GALS $ 82 TFRRAZOLI? 364 LES' $ a• V0 83 GRiE1 N CLEAN 620 GALS $ lv A 84 KNOCKOUT-DIAQUASH 200 GALS $ 85 YO1.Y-CONTR0L 204 GALS $ 86 CROSSCHECI<I LUL � kir ��p1d 200 GALS 87 AQUt1STAR_qVlXXVyq L►JAS.oyy 200 GALS $Ig• 3Q ,i. 88 ZE.Q LITE SOIL AM Mi ENDMENT 4000 89 CASCADE3PvIPREGNATED ILORGANITE 1000 LBS $ 90 DISMISS 125 91 iROMEC CLASSIC 200 cALs 15 92 SPLCTRO 90 150 GALS $ l O 93 INSIGNIA 150 LBS. $ I r4c) 2 © -7- 94 94 CLEARYS 3336+ 150 GALS $ Qt 01Dt 95 ZEROTAL 254 GALS $ 96 ROOT p5wi Z 400 GAL $ A . 97 CONTE:C 12-24-8 x#000 LBS $ WiA 9$ ARSENAL. 150 GALS $ 99 KELPIEX 300 GALS $ [o . uci r.1 Bid No. 2014-33 Chemical and Fertilizers - Co-op Bid 301 P `t. "• c Page 286 of 636 EST. DESCRIPTION ANNUAL UNIT USAGF SIZE. 140 CURFEW SOIL FUMIGANT 200 101 TAI S -VAR 0,069% BIFE3�THR1N 100, 102 AQUA -TEC 1 a0 103 LASSONITE SOIL AMivfENDMENT 2a0 TOTAL. UNIT COST $ CHEMICALS 1 THRU 103 J01NT BIDDING CO-OPERATIV PURCHASIRG AGI EPIVIFNIT: Will extend the same price, ter and conditions of this bid to Other Palm Beach, Martin and Broward County Governmental agencies. YES NO Bid No.2014-33 Chemical and 1 ercilize�s - CO-OPRid 31 t Page 287 of 636 MINIMUM WHIT UNIT SHIPPING COST SIZE SIZE 1 QTY, 31.0 1 QAC I�RL $ t A 3 TOTAL. UNIT COST $ CHEMICALS 1 THRU 103 J01NT BIDDING CO-OPERATIV PURCHASIRG AGI EPIVIFNIT: Will extend the same price, ter and conditions of this bid to Other Palm Beach, Martin and Broward County Governmental agencies. YES NO Bid No.2014-33 Chemical and 1 ercilize�s - CO-OPRid 31 t Page 287 of 636 'FERTILIZERS Bid No, 20I4-33 SCHEDULE OF PRICING Bid Na. 2014-33 Chemical and Fertilizers- Co-opBid 321 Pa ge Page 288 of 636 EST. MINIMUM DESCRIPTION CONTENTS ANNUAL UNIT UNIT UNIT SHIPPING USAGE SIZE COST SIZE SIZE/ {QTY. 1 0-0.7 W/ ATRAZINE ACTIVE INGREDIENT: 3060 U3S. $ ATRAZINE: 2 -CHLORO, 4-ETHYLEFv IND, 6-ISOP ROPYLAM IND, S-TRIAZI NE 0.76% i RELATED COMPOUNDS C.04% GUARANTEED ANALYSIS SOLUBLE POTASH 7.00% D£RNED FROM: Muriate of Potash CHLORINE Max 6.00% 2 0.0-20 SULFATE GUARANTEEDANALYSM 65,050 LBS. $ _ OF POTASH - MAGNESIA SOLUBLE POTASH 20.0(r°' PROFESSIONAL MAGNESIUM Total 10,00% TURF FERTILIZER >10.007-WaterSolubleMagneslum SULFUR Total 21.00% 21.00% Combined Sulfur t DERIVED FROM: Sulfate of Potash - Magnesia CH LORIN E Max 2.00% TON (STANDARD) BAG {STANDARD) l POUND (STAN DARK) 3 0-0-45 SUPER K POTASSIUM SULFATE 1,000 LBS. $ GREENS TI3RF yl 0 r1ZLER � v �✓ E� Bid Na. 2014-33 Chemical and Fertilizers- Co-opBid 321 Pa ge Page 288 of 636 Bid No. 2014-33 Chemical and Fertilizers - Co-op Bid 33111 a g e Page 289 of 636 EST. MINIMUM DESCRIPTION CONTENTS ANNUAL UNIT UNIT UNIT SHIPPING USAGE SIZE COST SIZE SIZE/ QTY. 4 5-10-17 RONSTAR ACTIVE INGREDIENT: 1 116,000 LBS. $ .95%+ FERTILIZER WITH PRE- OXADiAZON:2-TERT SUiYL-4 EMERGENT (2,3-DIC}iLORC-5-15OPROPDXYPHENYL) HERBICIDE -Z-1, 3, 4, OXADIAZOUN-S-ONE.95% INERTINGREDIENTS 99.05% TOTAL NITROGEN 5.00% 3.90% Ammanical Nitrogen 1.10. Urea Nitrogen I AVAILABLE PHOSPHORIC ACID SOLUBLE POTASH $ULFUR.COMBINED DERIVED FROM: Urea, Diammonium Phosphate, Sulfate of Potash 5 6-3-0 GREENS GUARA%TEEDANALYSIS 14,000 LBS. $ GRADETURF FERTILIZER TOTAL NITROGEN* 6.00% 0.60% Water Soluble Nitrogen 5.409. Water Insoluble Nitrogen AVAILABLE PHOSPHATE 3.00% CALCIUM 1.00% I COSALT0.0C05`l0 MON 1.009. MOLYBDENUM 0.0005% ZINC Total 0.0591 DERIVEDFROM: Biosallds "5.40% 5lowfy Avallahle Nitrogen from Biosolids. 6 10-10-10 GUARANTEED ANALYSES 58,500 LBS. $ PROFU55IONAL TURF FERTILIZER TOTALNITROGEN 4.90Ye Amme n ical Nitrogen 4,10% Urea Nitrogen'` 1.00Y Water Insoluble Nitrogen AVAILABLE PHOSPHATE SOLUBLE POTASH MAGNESIUMTOtat 2.00%water Soluble Magnesium SULFUR Total 1.20% Free Sulfur 4.60% Combined Sulfur IRON Total 0.60% Soluble Iron MANGANESE Total 034% water Soluble Manganese DERIVED FROM. Polymer Coated Sulfur Coated Urea, Ammonium Sulfate, Ammonium Phcsphate, Muriate of Potash, Sulfate of Potash, Iron Oxcde, Manganese Succate,Wfate of Potash- Magnesia, Iron Chloride, Biosolids. CHLORINE Max -2.00% Slowly Available Nitrogen from f Sutfur'Coaled Urea. Bid No. 2014-33 Chemical and Fertilizers - Co-op Bid 33111 a g e Page 289 of 636 DESCRIPTION CONTENTS EST. ANNUAL USAGE UNIT SIZE UNIT COST UNIT SIZE MINIMUM SHIPPING S1ZEI QTY. 7 8-2-10 LANDSCAPE GUARANTEED ANALYSIS 44,150 Las, $` AND ORNAMENTAL FERTILIZER TOTALNITROGEN'I� �A 0,75% Ammonica I NRrogen .! 7.25% Urea Nitrogen AVAILABLE PHOSPHATE*" SOLUBLE POTASH` MAGNESIUM Total 3,00%WaterSotuble Magnesium SULFUR Total 5.47% Free Sulfur 8.10% Combined Sulfur IRON Total MANGANESE Total 0.433 Water Soluble Manganese DERIVED FROM: Polymer Coated Sulfur Coated Urea, Polymer Coated $Vlfur Coated Ammohium Phosphate, Polymer Coated Sulfur Coated Sulfate of Potash, Sulfate of Potash - Magnesia, Iron Oxide, Manganese Sucrate - CHLORINE Max `7.29% Slowly Available Nitrogen from Sulfur Coated Ursa, and Sulfur Coated Ammonium Phosphate 4*1.80% SlowlyAvallable Phosphate from Polymer Plus Sulfur Coated Ammonium Phosphate. 14*4.SOI/ Slowly Available Potassium from Polymer Plus Sulfur Coated sulfate of Potash. 8 8.4-12 PALM GUARANTEED ANALYSIS 1 5,500 LBS. $ SPECIAL MM TOTAL NITROGEN' 1.57% Ammonkal Nitrogen 6.43%Urea Nitrogen AVAILABLE PHOSPHATE SOLUBLE POTASH i CHLORINE Max DERIVED FRC M. PolymerCoated Urea, Polymer Coated Sulfur Coated urea, Ammonium Phosphate, Polymer Coated Sulphate of Potash, Sulphate of 5.66 Units = Slaw Release Nitrogen* 3.60 Units = Slow Relea se Potash Bid No. 2014-33 Chemical and Fertilizers - Co-op Bid. 341 P to g c Page 290 of 636 Bid No- 2034-33 Chemical and Fertilizers- Co-op Aid 351 P a e Page 291 of 636 EST. MINIMUM DESCRIPTION CONTENTS ANNUAL ' UNIT UNIT UNIT SHIPPING USAGE SIZE COST SIZE SIZE/ QTY. ' s 10-4-12 PALM GUARANTEED ANALYSIS 28,000 LBS. s -IL, e Ra TROPICAL ORNAMENTAL TOTAL NITROGEN FERTILIZER 5.00%Ammonlcal Nitrogen 5.00% Urea Nitrogen* AVAILABLE PHOSPHATE SOLUBLE POTASH MAGNESIUM Total 2.00% Water $ oluble Magnesium SULFUR Total 1.54% Free Sulfur 10.53% Combined Sulfur IRON Total MANGANESE Total 0.291% Water Soluble Manganese DERIVED FROM: Polymer Coated Sulfur Coated Urea, Ammonium Phosphate, Sulfate of Potash, Sulfate of Potash-MagneMa, Iron Oxide, Mangan e' eSucrate. CHLORINE Max '2.50% Slowly Available Nitrogen from Sulfur Coated Urea. 10 12.0-0 GUARANTEED ANAEYSIS 5,500 GALS $ CHELATED IRON WITH TOTALNITROGEN MICRONUTRIE 12.GO5 Urea Nitrogen NT FOR TURF TOTALSULFER AND 4.00% Combined Shcfur ORNAMENTALS TOTAL MANGANESE CHELATED MANGANESE DERIVED FROM; Urea, Iron Sulfate, Manganese Sulfate, Chelated with i EDTA. 11 12-0-6 BULK TOTALNITRO65N 14D,000 LBS. $ LIQUID WATER SOLUBLE POTASH WAT£RSOLUBLE MAGNESIUM WATER SOLUBLE BORON WATERS SOLUBLE IRON WATER SOLUBLE MANGANESE DER;VED FROM; Magnesium Nitrate, Urea Ammonium Nitrate, U rea, Muriate of Potash, ;ron Sulfate, fron Citrate, Manganese Sulfate, Sodium Borate and Citric Acid. Bid No- 2034-33 Chemical and Fertilizers- Co-op Aid 351 P a e Page 291 of 636 DESCRIPTION CONTENTS EST. ANNUAL USAGE UNIT SIZE UNIT COST UNIT SIZE MINIMUM SHIPPING SIZE/ QTY. 12 12-2-14 ToTALNITROGEN 55,000 LBS. SOUTHERN ORNAMENTAL 0.751/ Ammonlcal Nitrogen 11.251% Urea Nitrogen* t ]i✓} FERTILIZER AVAILABLE PHOSPHATE SOLUBLE POTASH *r MAGNESIUM Total 2.00% Water Soluble Magnesium SULFUR Total 6,50% Free Sulfur 1 f 7.00%Combined Sulfur IRON Total MANGANESE Total 0.35% Water Soluble Manganese DERiVEDFROM. Polymer Coated Sulfur Coated Urea, iJrea,Ammonium Phosphate, Polymer Coated Sulfur Coated Sulfate of Potash, Sulfate of Potash-Magnesia, Iron Oxide, Manganese Sucrate. CHLORINE Max *4.25V. Slowly Available Nitrogen from Sulfur Coated Urea. **4,25% Slowly Available Potassium from Sulfur Coated Sulfate of Potash. 13 13.2-23 GUARANTEED ANALYSIS 51,004 LB& TALSTAR 0.069% PLUS FERTILIZER TOTAL NITROGEN 9.30Y Ammanical Nitrogen 3.70% Urea Nitrogen* AVAILABLE PHOSPHATE SOLUBLE POTASH SULFUR Total 1.20% Free Sulfur $.20% Combined Sutfuf IRON Total MANGANESE Total 0.2994 Water Soluble MANGANESE DERLVEDFROM; Polymer Coated Sulfur Coated Urea, Ammonium Sulfate, Ammonium Phosphate, Muriate of Potash, Iron Oxide, Manganese Sucrate. CHLORINE Max *3.50% Slouv3yAvaRable Nitrogen from Sulfur Coated Linea Bid No. 2014-33 Chemical and Fertilizers - Co -Op Bid 361 P e g e -- Page Page 292 of 636 DESCRIPTION CONTENTS EST. ANNUAL UNIT USAGE SIZE UNIT COST UNIT SIZE MINIMUM SHIPPING SIZE/ QTY. 14 13-2-13 GUARANTEED ANALYSIS 16,000 LBS. $ T PROFESSIONAL TURF TOTALNITROGEN FERTILIZER 0.40%Arnmonical Nitrogen (GREENS 1.2.50% Urea Nitrogen* GRADE) AVAILABLE PHOSPHATE SOLUBLE POTASH SULrUkTotal 9.50% Free Sulfur 4.00% Combined Sulfar I RON'Total 0,03% Water Sotu ble Iron MANGAN ESE Total 0.35% Water Soluble MANGANESE DERIVED FROM: Polymer Coated Sulfur Coated Urea,Ammonium Phosphate, Sulfate of Potash, Iron Sucrate, Manganese Scurate. CHLORINE Max "9.54% SlowlyAvailable Nitrogen from Sulfur Coated Urea. 1 15 13-2.13 TOTAL NITROGEN $0,000 LES. $ ` GREENS MIX .40%Ammonical Nitrogen 12,G0 Urea Nitrogen AVAILABLE PHOSPHATE SOLUBLE POTASH SULFUR14.70% 7o.20% Free Sulfur 4.5D5' Combined Sulfur IRON SOLUBLE IRON MANGANESE WATER SOLUBLE MANGANESE DERIVED FROM: Polymer coated sulfur coated urea, urea, Monoammonium Phosphate, Sulfate of Potash, Iron Oxide, Iran: Sulcate, Manganese Oxide, r Manganese. Sulfate. CHLORINE 10.10% slow release Nitrogen Bid No. 2014-33 Chemical and Fertilizers - Co-op Sid 37 i P a e Page 293 of 636 i DESCRIPTION EST. CONTENTS ANNUAL USAGE UNIT UNIT SIZE COST MINIMUIM UNIT SHIPPING SIZE SIZE/ QTY. 16 13-3-13 TREE & APPROXIMATE ANALYSIS 80,00D LBS. $ PALM FERTILIZER TOTALNITROGEN 1.15%Ammonical Nitrogen 11.85%Urea Nitrogen PHOSPHORIC ACID SOLUBLE POTASH CHLORINE (NOT MORE THAN) PRIMARY PLANT NUTRIENT SOURCES: Polymer coated Sulfur coated Urea (or 100% Polymer), Urea, DiammoMum Phosphate, Polymer coated Sulfur coated (or 100% Polymer) Sulfate of Potash, Sulfate of Potash• Magnesia. 4 WATER SOLUBLE 1•4AGNESIUM 84ROND.03'10 COPPER IRON i ZINC SULFUR10.30% The Urea Nitrogen and Soluble Potash materials have been Polymer Sulfur coated to provide 5.85 units r coated slow release Nitrogen and 2.45 units slow release Soluble i Potash. BULK DENSITY: 50 - 60 L35. PER CUBIC Fr. SIEVE SIZE: 90% PASS THROUGH A 6 - MESH AND RETAINED ON Ilo-MESH (U.S.) HIGH DEN€STY, DUST FREE, UNTORM PARTICLE SIZE. NO INERT FILLERS. 100% PLASTIC BAGS, NO PAPER 17 15-5-10 WITH TOTAL NITROS EN 70,000 Ln - 85_1%RONSTAR 1% RONSTAR 2.00%AmmonicalNitrogen 13.00% Water soluble Organic Nitrogen {and/of Urea Nitrogen) MONCAMMONIUai PHOSPHATE POTASSIUM CHLORIDE Bid No, 2014-33 Chemical and Fertilizers - Co-op Bid 38 1 P a is e Page 294 of 636 .DESCRIPTION CONTENTS EST. ANNUAL USAGE UNIT SIZE UNIT COST UNIT SIZE MINIMUM SHIPPING SIZE/ Q.TY. , t 18 14-2-14 MICRO TOTAL NITROGEN 15,000 LBS, $ _ GREENS & TEE .64%AmmenicaI Nitrogen KXTURE 5.11Y. Water Soluble Organic Nitrogen 7.30! and/or Urea Nitrogen -951Y. Water Insoluble Nitrogen AVAILABLE PHOSPRORUS. [ SOLUBLE POTASSIUM CHLORINE (NOT MORE THAN) DERIVED FROM: Ammoniated Phosphate, Polymer coated Urea, Activated Sludge, Sulfate of Potash -Magnesia, Sulfur coated Urea, Sulfate.of Potash. SECONDARY PLANT FOODS: TOTAL WATER SOLUBLE MAGNESIUM €ICON DERIVED FROM: Sulfate of Potash -Magnesia; Activated # Sludge. 9.29 units of slow release Nitrogen 19 14-14-14 PLUS TOTAL NITROGEN 40,000 LBS. MINORS -FOR 5.45%AmmonicalNitrogen SHRUBS 8.55% Urea Nitrogen" PHOSPHORIC ACID* SOLUBLE POTASH" CHLORINE (NOT MORE THAN) PRIMARY PLANT NUTRIENT SOURCES: Polymer coated Sulfur coated Urea, Polymercoated Sulfur caated Diammonium Phosphate, Polymer coated Sulfur coated Sulfate of potash., I R014 MANCANESE MAGNESIUM SULFbR18.E3% 'The Nitrogen, .Phosphorus arrd Potassium have been Polymer Sulfur coated to provide 11.3S units coated slow release Nitrogen, 50.50 units coated slow ielease Phosphoric Acid and 11.90 Units caateti slow release Solulhle Potash. BidNo. 2014-33 Chemical acid Fertilizers- Co-op Bid 39 1 ' o 4g. e Page 295 of 636 Bid No. 2014-33 Chemical and Fertilizers- Co-op Bid 40 [ P a g e Page 296 of 636 EST.N!]Nimum DESCkiPTION CONTENTS ANNUAL UNIT UNIT UNIT SHIPPING USAGE SIZE COST SIZE SIZE/ QTY. 20 14-14-14 GUARANTEED ANALYSIS 4S,000 LBS. $ _ OSMOCOTE (Feeds plants at TOTAL NITROGEN* a constant rate 5.801 Nitrate Nitrogen forthree 8.20%AmmonicalNltrogen months). AVAILABLE PHOSPHATE* SOLUBLE POTASH * CHLORINE (NOT MO RE THAN) PRIMARY PLANT NUTRIENT SOURCES. Ammonium Nitrate, Phosphates, Calcium Phosphates and Potassium Sulfate. *The Nitrogen, Phosphorus, and Potassium sources have been coated to provide 12% coated slow release Nitrogen, 12% coated slow release Phosphoric Acid, and 12% coazed slow release Soluble Potash, 21 16-25-12 TOTALMYROGEN 10,000 LBS. TURF STARTER 4.40%AmmonicatNitrogen i l FERTILIZER 11.14% Mater soluble Organic Nitrogen {and/or Urea Nitrogen) MONOAMMONIUM PNOSPHAT E POTASSIUM CHLORIOE 22 15-1-13 GUARANTEED ANALYSIS 8,000 LBS. $ PROFESSIONAL TURF TOTAL NITROGEN FERTILIZER 4.90%AmmonicalNil rogen 10.10%Urea Nitrogen* AVAILABLE PHOSPHATE SOLUBLE POTASH SULFURTotal 1.80% Free 5uifur 4.20% Combined Sulfur IRON Total MANGANESE Total 0,06% Water Soluble MANGANESE DERIVED FROM: Polymer Coated Sulfur Coated Urea, Urea, Ammonium Sulfate, Ammonium Phosphate, Muriate of Potash, iron Oxide, Manganese Sucrate. CHLORINE Max '3.00%SlowlyAvailable Nitrogen from Sulfur Coated Urea, Bid No. 2014-33 Chemical and Fertilizers- Co-op Bid 40 [ P a g e Page 296 of 636 Bid No. 2014-33 Chemical and irertilizeirs - Co-op Bid 41 1'1-" v Page 297 of 636 EST, MINIMUM DESCRIPTION CONTENTS ANN-10.A.L UNIT UNIT UNIT SHIPPING USAGE SIZE COST SIZE SIZE/ QTY_ 23 15-545 GUARANTEEDANAYSIS 1141000 LBS. PROFESSIONAL TURF TOTAL NITROGEN* FERTILIZER 3,.95%Ammoniacal Nitrogen 134"". Urea Nitrogen AVAILABLE PHOSPHATE SOLUBLE POTASH MAGNESIUM IRON MANGANESE 0.291 Water Soluble Manganese DERIVED FROM: Polymer Coated Sulfur Coated Urea, Urea, Ammonium Phosphate, Sulfate of Potash, SuNfate of Potash- magneS4' bort Oxide, Manganese Sucrate: 13.75% Slowly Available Nitrogen 24 16-2-8 GUARANTEED ANALYSIS 1011400 LBS. $ PROFESSIONAL 'TURF TOTAL NITROGEN FERTILIZER (For 4.30✓ Ammonieal Nitrogen use in Rotary 11.70°10 Urea Nitrogen' Spreaders Only) AVAILA3LEPHOSPHATE SOLUBLE POTASH SULf U.R Total 3.n% Free Sulfur 2.40%. Combined.Sulfur l iRC N Total IvIANGANES€ Total 0.14% Water Soluble MANGANESE DERKD'FROM: Polymer Coated Sulfur Coated Urea, Urea, Ammonium Sulfate, Ammonium Phosphate, Murlate of Potash, Iran Oxide, ManganeseSucrata. "4:061% Slowly Available Nitrogen from Sulfur -Coated Urea. 25 15-3.-a TOTAL NITROGEN 5,000 LBS. $' PROFESSIONAL. 4.84%Ammcnical Nitrogen TURF 11.209 Urea hlitro&* FERTILIZER AVAILABLE PHOSPHATE SOLUBLE POTASH SULFUR Tata 1 3.7055 Free Sulfur 1.50% Combined Sulfur IRON Total MANGANESE Total 0.03% Water Soluble MANGANESE DERIVED FROM: Polyrner Coated Sulfur Coated Urea, Urea, Arnmonium Sulfate, Ammonium Phosphate, Muriate of Potash, Iron Oxide, Manganese Sucrate. CHLORINE Max *2.405f Slowly Available, Nitrogen #rbm Suifur Coated Urea. Bid No. 2014-33 Chemical and irertilizeirs - Co-op Bid 41 1'1-" v Page 297 of 636 DESCRIPTION CONTENTS EST. ANNUAL USAG9 UNIT SIZE UNIT COST UNIT SIZE MINIMUM SHIPPING SIZEI QTY-' 26 16-2-16 GUARANTEED ANALYSIS 66,000 LBS, S PROFESSIONAL TURF TOTALNITROGEN FERTILIZER 4.00%Ammonirai Nitrogen 12.00% Urea Nitrogen* AVAILABLE PHOSPHATE SOLUBLE POTASH Magnesium-al 2.00% WaterSolubfe Magnesium SULFUR Total 2.40% Free SUINr 8.60% Com bined. Sulfur IRON Total MANGANF= E Total O.261,' . Water Soluble MANGANESE DERIVED FROM: Polymer Coated Sulfur Coated Urea, urea, Ammonium Sulfate, Ammonium Phosphate, Muriate of Potash, Sulfate of Potash, Iron Oxide, Manganese Sucrate, Sulfate of Potash•Ma.gnesia, £HLOkINE Max `4.00%'Siowly Available Nitrogen from Sulfur Coated Urea. 27 16-4-16 TOTALNITROGEN IS,OOD LBS.. 8 _ GREENS MIX 1.60%Ammon1cal Nitrogen�� 4.35% Water insoluble Nitrogen 2.00% Nitrate Nitrogen 8.05% Water Soluble Organic Nitrogen PHOSPHORICACID CHLORINE (NOT MORE THAN) SOLUBLE POTASH DERIVED FROM: Potassium Nitrat Ammonium Phosphate, Sulfate of Potash, Meihylene Oiurea, Sulfate of Potash-Magnesia- 5,2 units plus slow release W.S.O'.N. � SECONDARY PLANT FOODS: MAGNESIUM MANGANESE j IRON i4 WATER'SOLUBLE MAGNESIUM WATER SOLUBLEMANGANESE WATER SOLUBLE IRON I DERIVED FROM; Manganese Sucrate, Iron Sucrate Bid-No.2014-33 Chemical and.Fe;'tiliz6u - Co-op Bid 42 111 a � e Page 298 of 636 Bid No. 2D 14-33 Chemical and: Fertilizers - Co-op Bid 43 1 .I, .a Page 299 of 636 EST. MINIMUM .DESCRIPTibN CONTENTS ANNUAL UNIT UNIT UNIT SHIPPING U5AGF, SIZE COST SIZE SIZE( QTY, 2B 17-1,10 GVARANTEEDANALYSIS 161000 Las, $ _ GREENS GRADE FERTILIZER TOTALNITROGEN I 1-75% Nitrate Nitrogen 2,251% Ammonical Nitrogen 2.85% Water solub€e Organic Nitrogen 9.20Y. (and/or Urea Nitrogen) .95% Water Insoluble Nitrogen AVAILABLE PHOSPHORIC ACID SOLUSLEPOTASH CHLORINE -(NOT MORE THAN) DERIVED FROM: Sulfate of Ammonia, Ammonium Phosphate, Potassium._Nitrate., Methylene Diurea, Sulfur coated Urea, Sa.Ifate of Potash -Magnesia: 7.88 units = slaw release W.S.O.N- STATMENT OF SC5QNDARY PLANTS FODDS: IOTA L MAGN ESIVIvj WATER SOLUBLE MAGNESIUM TOTAL, MANGANESE WATER SOLUBLE MANGANESE IRON DERIVED FROM: Manganese Sulfate, iron Sulfate. 29 19-0-19 PRE= ACTIVE INGREDIENT: 70,OD0 LR5_ EMERGENT WEED PERMIAETHALIN, CONTROL N-(�k-ETH4PROPYL) 3-4-OIMETKYL 2,5-DINITROBENZENANIIN E 1NERTINGREDICNTS TOTAL N ITROGE N 19.00% UretNitrogen SOLUBLE POTASH SULPUR8,10% 4.80% Free Sulfur 3.30% Combined Sulfur DERIVED FROM: urea, Polymer coated Sulfur coated Urea, Muriata of Potash, and Sulfate of Potash. j CIiLORINE Max 30 20-20-20 TOTALNITROGEN 17,€00 LBS. $ WATER 3.95% Ammonicai Nitr6cca SOLUBLE 6.25%NitraieNitrogen POWDER 9:80%Urea Nitrogen ZTINC AVAILABLE PHOSPHORIC ACID20.00% WATER SOLUBLE POTASH SOLUBLE PO] 'ASH BORON IRON IVJ0LIFD1wNU'N1 COOPER l4ANAGA7NES!✓ Bid No. 2D 14-33 Chemical and: Fertilizers - Co-op Bid 43 1 .I, .a Page 299 of 636 Bid ATo. 201 4-33 Chemical and 1 ;riilizers - Co-op Bid 44 E f' cz n` r~ Page 300 of 636 EST. MINIMUM DESCRIPTION CONTENTS ANNUAL UNIT UNIT UNIT SHIPPING USAGE SIZE COST SIZE SIZEI QTY. 31 21-0-0 BULK TOTAL NITROGEN 30,000 LSS; $ _ LIaUID AVAILABLE PHOSPHATE WATER 50LUBLE POTASH NUTRIENTS DERIVED FROM: Ammonium Nitrate. BIDDER MUST HAVE TECHNICIANS ON STAFF WHO ARE ABLETO TROUBLESHOOT REPAIR, CALIBRATE ANDSERVICE' PROPORTIONAL FERTILIZER INJECTION SYSTEMS 32 22-2-11 MINI FERTILIZER GUARANTEED 122,000 LBS. ATRAZINE - ANALYSIS 1.05% PLUS FERTILIZER TOTAL NITROGEN TURF FOOD 4.40% Ammonical Nitrogen WITH ATRAZINE 17.60% Urea Nitrogen' FOR CONTROL AVAILABLE PHOSPHATE OF BROADLEAF SOLUBLE POTASH WEEDS AND SULFURTotal WEEDY 4.50% free Sulfur GRASSES 3.S0% Combined Sulfur IRON Total 0.01% Soluble LRo,, MANGANESE "fatal 0.07%Water Soluble MANGANESE DERIVED FROM. Polymer Coated Sulfur Coated Urea, Urea, Ammonium Sulfate, Ammonium Phosphate, Muriate of Potash, Iron Sucrate, Manganese Sucrate. CHLORINE Max c7.50%'S1owhfAvaiIable Nitrogen from Sulfur Coated Urea 33 24-2-11 TURF TOTAL NITROGEN 115,000 LB5. $ 0 FERTILIZER (For 0.80%Ammonical Nitrogen use in 2120% Urea Nitrogen* Pendulum AVAILABLE PHOSPHATE Spreaders Only} SOLUBLE POTASH SULFUR Tota€ 3.70% Free Sulfur IRON Total MANGANESETotal 0.14%.WaterSoiuble MANGANESE DERIVED FROM: PolymerCoated Sulfur Coated Urea, Urea; Ammonium Phosphate, Muriate of Potash, Iron Oxide, Manganese Sucrate. CHLORINE Max *15.00' Stowly Available Nitrogen from Sulfur coated Urea. Bid ATo. 201 4-33 Chemical and 1 ;riilizers - Co-op Bid 44 E f' cz n` r~ Page 300 of 636 Bid No. 2014-33 Chemical and Fertilizers - Co-op Bid 45 l' a g e Page 301 of 636 EST. MINIMUM DESCRIPTION CONTENTS ANNUAL UNIT UNIT UNIT SHIPPING USAGE SIZE COST SIZE SIZE: QTY. 34. 24-2-11 TDTAL NITROGEN 115,000 LBS. TAL5TAR 0.78%Ammonical Nitrogen 0.063. PLUS 23.22. Urea Nitrogen* FERTILIZER AVAILABLE PHOSPHATE SOLUBLE POTASH SULFUR Tata E 3.70% Free Sulfur IRON Total MANGANESE Tata I 034% Water 5oluble MANGANESE DERIVED FROM: Polymer Coated Sulfur Coated Urea, Urea, Ammonium Phosphate, Muriate of Potash, iron Oxide, Manganese Sucrate. CHLORINE Max *10.8% Slowly Available Nitrogen from Sulfur Coated Urea. 35 25-3-10 TURF TOTALNITROGEN 27,000 LBS. FERTILIZER PLUS 1.10%Ammorkal Nitrogen IRON 23.9041: Water Soluble Organic Nitrogen (and/or Urea Nitrogen) MONOAMMONIUM PHOSPHATE POTASSIUM CHLORIDE i AOTASSIUM SULFATE 35 29-3-5 ACTIVE INGREDIENTS: 10,000 LBS. $ FERTILIZER CHLORPYRFOS WITH DURSBAN PHO5PHOROTHIOATE ; MERT INGREDIENTS GUARANTEED ANALYSIS TOTAL NITROGEN AVAILABLE PHOSPHORIC ACID SOLUBLE POTASH CHLORINE (NOT MORE THAN) PRIMARY PLANT NUTRIENTS: Sulfur coated Urea, Urea, Dlarhmoniwn Phosphate, muriate or Potash. IRON MANGANESE SULFUR FREE SECONDARY PLANT NUTRIENT SOURCES: Suifur coated Urea, Muriate of Pat-ash, Iron Oxide, Iron Sulfate, Manganese Oxide. The Urea Nitrogen has been Sulfur coated to provide 13.05 units of coated slow release Nitrogen. Bid No. 2014-33 Chemical and Fertilizers - Co-op Bid 45 l' a g e Page 301 of 636 Total Unit Cost S Fertilizers 1 thru 40 JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT: Will extend the same price, terms, and conditions of this bid to other Palm Beach, Martin and Broward County Governmental' agencies. YES NO Sid No. 2014-33 Chomir-al and Fertilizers - Co-op Bid 46 j P i g e Page 302 of 636 EST. MINIMUM "DESCRIPTION CONTENTS ANNUAL UNIT UNIT UNIT SHIPPING USAGE SIZE COST SIZE SIZE/ QTY. 37 HIGH GUARANTEED ANAUV S 2,500 GALS $ _ MANGANESE COMBO MAGNESIUMTOTAL CHELATED 1.00% Water Soluble Magnesium MICRONUTRIE SULFURTatal NTS 5.75%ComBine4l` Sulrur IRON Total 2,75% Chelated IRON MANGANESE Total 3.75% Chelated MANGANESE DERIVEDFROM: Magnesiarn Sulfate, Iron Citrate, Iron Lignin Sulfonate, Manganese Citrate, and Manganese Lignin 5ulfonate. 38 LIQUID GUARANTEED ANALYSIS 750 GALS $ _ M ICRONUTRIE NTSOIL TOTAL NITROGEN SUPPLEMENT 12.0T% Urea Nitrogen 5ULFUR COMBINED CHELATEDIRON CHELATED MANGANESE NUTRIENT SOURCES: Urea, Ferrnus Sulfate, Magganase Sulfate Chelated with EDTA, 39 MILORGA SITE 79,000 LES. 40 8.10-10 PALM PALM TREE FERTILIZER SPIKES 11,000 EA $ SPIKES 439193 Total Unit Cost S Fertilizers 1 thru 40 JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT: Will extend the same price, terms, and conditions of this bid to other Palm Beach, Martin and Broward County Governmental' agencies. YES NO Sid No. 2014-33 Chomir-al and Fertilizers - Co-op Bid 46 j P i g e Page 302 of 636 DELRAY BEACH r L 11 1 n bned All -America Clly 1993 7'OuI i+f'I 'M'", h 1�V1. N JI 01.$ 1VfY O AGI1.: 10100A:1:1.141 11°ifii!l..l3 7UUp Univar USA Debbie Kuntz 3801 Corporex Park Drive Tampa, Ft_ 33619 Dear Debbie Kuntz: This Is in reference to Co -Op Bid No,2014-33 relating to Chemicals and Fertilizers. In essence, the City of Delray Beach is the lead agency on this joint bid with the City of Boynton Beach, City of Boca Raton and the City of Greenacres for the purchase of chemicals and fertilizers that will be ordered on an "as needed" basis via purchase order. We, the City of Delray Beach, would like to renew the Bid Agreement at the same terms, conditions for the first one-year extension subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interests of the City. The original bid allows for a price escalation upon renewal, Please indicate below your desire to renew and if you will be requesting a price escalation. All others terms and conditions of the agreement would be extended for one year. Please respond by July 10, 2016. Thank you for your prompt attention. Please feel free to contact us in City of Delray Beach, Purchasing Department, should you have any questions, Our email address is urchasin m deira beach.com. RespQetfu lly, Melissa Thorn -� Contract Administrator Check the appropriate Box I hereby agree to the one (1) year extension at the same prices I hereby agree to the one (1) year extension with a price increase I I I am unable to provide a one (1) year extension J Signature Print Name Date C', c.17 ,� TIq V 1 r :,, c� t., 1 r,i , ry 1 r> >r)! l `, I f.+1 �_ � i�il ics��:t i :1. VI Agp�,gf 636 � l:lt r ...I - �.l.ti,.N I' r��l The City of Bounton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 September 29, 2015 MedaPoint, Inc. 3005 South Lamar Avenue Suite D109-136 Austin, TX 78704 ATTN: Mr. Eric Becker, President and COO E-MAIL:t b�:cke j 1fd c int.ctc��r�.. RE: Agreement Between Medapoint, Inc. and City of Boynton Beach for AdvanceClaim EMS/Ambulance Billing Software; Resolution R14-065 CURRENT CONTRACT PERIOD: AUGUST 12, 2014 TO AUGUST 11, 2015 Dear Mr. Becker: The Software License Agreement for use of the AdvanceClaim EMS/Ambulance Billing Software has expired and the City of Boynton Beach Fire Rescue would like to renew this Agreement for an additional one year term with the same terms, conditions and pricing. To clarify the Annual AdvanceClaim Base Fees: Annual renewal rate of $3,900.00 includes system licensing, unlimited logins, and online training; Usage Fees are $0.89 per billable claim, invoiced monthly. Please indicate your response on the following page and return it to Financial Services. If you should have any questions, please do not hesitate to contact Julianne Alibrandi, Sr. Buyer, at (561) 742-6322. Sincerely, 1001 .4dal:11 W . AAQ Tim W. Howard Director of Financial Services pc: Vicki Dornieden, Administration and Finance Officer File America's Gateway to the Gulf Stream Page 304 of 636 The City of Bounton Beach Finance/Procurement Services 100 E Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 RE: AGREEMENT BETWEEN MEDAPOINT AND CITY OF BOYNTON BEACH FOR ADVANCECLAIM EMSIAMBULANCE BILLING SOFTWARE; RESOLUTION R14-065 Agreement between the CITY OF BOYNTON BEACH and MEDAPOINT, INC. CONTRACT RENEWAL PERIOD: AUGUST 12, 2015 TO AUGUST 11, 2016 �V/yes, I agree to renew the existing Agreement with the same Terms, Conditions and Fees for an additional year. No, I do not wish to renew the Agreement for the following reason(s): MEDAPOINT, INC. NAME OF COMPANY ERIC BECKER NAME OF REPRESENTATIVE (Please print) �40t� DATE E-MAIL ADDRESS s` 1 PRESIDENT AND TITLE 4 /,� - ,� `�- So� (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 305 of 636 6.F. CONSENT AGENDA 10/20/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/20/2015 REQUESTED ACTION BY COMMISSION: Approve purchase of Faro Focus 3D Scanner and all other necessary equipment from FARO Technologies of Lake Mary, FL as a sole source purchase in the amount of $77,483.20. To be funded from Federal Forfeiture funds. EXPLANATION OF REQUEST: The Boynton Beach Police Department investigates numerous serious bodily injury and fatal crashes where diagramming is necessary. The LTI Total Station is currently used to shoot and survey all Traffic Fatalities, certain Accidents with Serious Bodily Injuries, Accidents as a result of DUI, and Industrial Accidents resulting in Injuries. These surveys are then used for the recreation of accident scenes and are then used in court for criminal proceedings. We currently do not use the system to map major crime scenes. While state of the art at the time of purchase this system is at least 10 years old. Prone to constant breakdowns, we have shipped the unit back to the manufacturer in Colorado at least once every year for the past 3 years, putting it out of service on average for 1 to 2 months. Due to the age of the technology, the LTI Total Station requires multiple people to shoot a scene, and many hours of detailed analysis to interpret the results. Since 2009, a conservative analysis has shown the Department has spent over $115,000 using the LTI Total Station. The average Traffic Fatality requires 4 Officers approximately 5 hours (typically on overtime) to shoot the scene. Once successfully shot, one Traffic Homicide Investigator needs about 40 hours to interpret the data and do the calculations such as speed, braking, etc. Assuming this is all done right the first time, the average cost is conservatively $2,400. This doesn't even factor in the inconvenience to the citizens since the road typically has to be closed during this time. Things get worse if the system is out of commission. For example, we recently experienced 3 scenes that needed to be shot, 2 of which were criminal incidents. Our equipment was not functioning and it took several weeks for it to be repaired, delaying prosecution of the criminal cases. Proposed Solution The Faro Focus 3D -X330 uses GPS and Laser Technology to shoot scenes. This equipment will allow the City to create 2D and 3D diagrams of serious bodily injury and fatal crash scenes as well as major case crime scenes. Advantages to this include: The time to shoot a scene is reduced from 5 hours to 15 minutes. Since all data is digital, once the results are downloaded into the Faro Software, results can be interpreted and analyzed in less than 15 minutes as opposed to 40 hours. Scenes can be shot both during day and night. So since the road is typically closed at the time of the accident and THI personnel are already on scene, it can be shot right away avoiding having to shut down the roads later and potentially eliminating overtime expenses. Page 306 of 636 Since the analysis and calculations are done by the computer, findings have more credibility in court. Because the Faro Focus 3D -X330 has a high resolution camera included in the system it can also be used to shoot and recreate and render 3D images of crime scenes. Because we don't use the current LTI system for crime scenes now, any cost savings cannot be quantified, but the potential is there. While not a cost savings factor, because this system is state of the art and has a very "CSI" component to it, it can be demonstrated during presentations given to the Citizen's Police Academy, HOA's, Town Hall Meetings, etc... HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will enhance the Police Department's ability to forensically map serious bodily injury and fatal crash scenes as well as being able to do the same for major crimes scenes in a timely manner. FISCAL IMPACT: Non -budgeted The cost for the Faro Focus 3D X-330 is $77,483.20. Included in this is all the 3D scanner hardware, a notebook computer, Tripod, Storage Cases, 1St year's maintenance, 3 days of training in Lake Mary, FL for 2 people, 5 days of on-site training for up to 4 people and the following software: • SCENE — Base software to gather data from accident/crime scene • FARO Scene Extension Forensic • FARO CZ Point Cloud (create 2D and 3D diagrams) • SCENE Plug-in to create animated videos from scanned data. Will be paid from account 691-5000-590-04-22 Other Particulars • After the first year, the maintenance costs will be approximately $6,000 per year. • Life expectancy for this product is 7-8 years, although the precursor to this product (Faro Phantom) has been in place for over 10 years and is still available to be covered under maintenance. • Sole source letter is attached. Funds in the amount of $77,483.20 would be taken from the Federal Forfeiture Funds account which currently shows a balance of approximately $315,500.00. Florida State Statute 932.7055 (5)(a) requires 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. ALTERNATIVES: Continue to use ineffective system and incur additional overtime and repair expenses. STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 307 of 636 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Memo D Memo D Quotes D Sole Source Letter REVIEWERS: Department Reviewer Police Katz, Jeff Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description Purchase Request Memo to Chief Memo to City Manager FARO 3D Scanner Quote Faro Sole Source Letter Action Date Approved 10/8/2015 - 11:11 AM Approved 101121201 - 10:49 AM Approved 10/12/2015 - 11:54 AM Approved 10/15/201 - 3:20 Pl\A Page 308 of 636 Captain 71t , — � Intelligence and Analytics Commander Let this mernorandurn serve as a formal request and justification for purchase of a Faro Focus 3D -X330 Laser Scanner and 3D Irnager from the Police Department forfeiture fund. This system would replace the existing LTI Total Station surveying equipment. Current Situation The LTI Total Station is used to shoot and survey all Traffic Fatalities, certain Accidents with Serious Bodily Injuries, Accidents as a result of DUI, and Industrial Accidents resulting in Injuries. These surveys are then used for the recreation of accident scenes and are then used in court for criminal proceedings. We currently do not use the system to map major crime scenes. While state of the art at the time of purchase this system is at least 10 years old. Prone to constant breakdowns, we have shipped the unit back to the manufacturer in Colorado at least once every year for the past 3 years, putting it out of service on average for I to 2 months. Due to the age of the technology, the LTI Total Station requires multiple people to shoot a scene, and many hours of detailed analysis to interpret the results. Since 2009, a conservative analysis has shown the Department has spent over $115,000 using the LTI Total Station. The average Traffic Fatality requires 4 Officers approximately 5 hours (typically on overtime) to shoot the scene. Once successfully shot, one Traffic Homicide Investigator needs about 40 hours to interpret the data and do the calculations such as speed, braking, etc. Assuming this is all done night the first time, the average cost is conservatively $2400. This doesn't even factor in the inconvenience to the citizens since the road typically has to be closed during this time. Things get worse if the systern is out of commission. For example, we recently experienced 3 scenes that needed to be shot, 2 of which were criminal incidents. Our equipment was not functioning and it took several weeks for it to be repaired, delaying prosecution of the criminal cases. Proposed Solution The Faro Focus 3D -X330 uses GPS. and Laser Technology to shoot scenes. Advantages to this include: 0 The time to shoot a scene is reduced from 5 hours to 15 minutes. • Since all data is digital, once the results are downloaded into the Faro Software, results can be interpreted and analyzed in less than 15 minutes as opposed to 40 hours. • Scenes can be shot both during day and night. So since the road is typically closed at the time of the accident and THI personnel are already on scene, it can be shot right away avoiding having to shut down the roads later and potentially eliminating overtime expenses. • Since the analysis and calculations are done by the computer, findings have more credibility in court. Page 309 of 636 Because the Faro Focus 3D -.X330 has a high resolution camera included in the system it can also be used to shoot and recreate and render 3D images of crime scenes. Because we don't use the current LTI system for crime scenes now, any cost savings cannot be quantified, but the potential is there. While not a cost savings factor, because this system is state of the art and has a very "CSI" component to it, it can be demonstrated during presentations liven to the Citizen's Police Academy, HOA's, Town Hall Meetings, etc... Cost The cost for the Faro Focus 3D XX -33O is 577,483.20. Included in this is all the 3D scanner hardware, a notebook: computer, Tripod, Storage gases, I" year's maintenance, 3 days of training in Lake Mary, FL for 2 people, 5 days of on-site training for up to 4 people and the following software: • SCENE — Ease software to gather data from accident/crime scene • FARO Scene Extension Forensic • FARO CZ Point Cloud (create 2D and 3D diagrams) • SCENE Plug-in to create animated videos from scarmed data. Other Particulars • After the first year, the maintenance costs will be approximately $6,000 per year. • Leasing is available for this product through LAS Bank, on either a 4 or 5 year lease with a $ l buyout. • Life expectancy for this product is 7-8 years, although the precursor to this product (Faro Phantom) has been in place for over 10 years and is still available to be covered under maintenance. • Current Florida customers include Miami/Dade County, Broward County, Orange County, Altamonte Springs, Palm Beach Gardens, and FDLE. • Sole source is available, although the closest competitor is Leica-GeoSystems. Estimated cost for a system with similar capabilities is over $150,000 Conclusion From purely a cost standpoint, this system would pay for itself in a little over 3 years if we purchased this outright. Taking advantage of leasing terms, the yearly savings in overtime would more than pay for the yearly cost of the system. From an operational standpoint, traffic scenes would be investigated faster with more reliability. We would also be able to use this system to diagram very small crime scenes to very large crime scenes with ease. This diagramming would be to scale and could be used to help prosecute a number of different criminal cases. Eased on the above information, it is my request and recommendation that this be purchased from. the Police Department forfeiture fund. Page 310 of 636 Lori LaVerriere .Jeffrey S. Data TO: City Manager FROM: thief of Police REF Faro Focus scanner DAT : 10/07/2015 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 nonnal operating expenses of the law enforcement agency. The FARO 3D Scanner will enhance the operations of the police department by more accurately mapping extensive crash and crime scenes and reduce personnel costs and overtime. This purchase should be drawn from account 691-5000-590-04-22. The current account balance is: $315560.20. This is a one-time expense and the reoccurring service agreement will be absorbed in the department operating budget. I certify this use of funds comports with the statutory requirements. Page 311 of 636 FARO Technologies Inc Remit to: 250 Technology Park FARO Technologies, Inc Lake Mary FL 32746-7115 P.O. Box 116908 Phone No: (866)874-1145 Atlanta, GA 30368-6908 Fax No: (407)562-5282 Email: Ethan.Greenberg@faro.com Quotation No: 20007766 Quote Date: 02/10/2015 Expiration Date: 03/12/2015 Regional Manager: Kelly Watt Account Manager: Richard Britt Sales Support: Ethan Greenberg Ship: 2 Day Payment Terms: Within 30 days 1 SOFTS0369 SCENE Ppb r* SCENE - Hard Lock - Single User Hard Lock (USB Dongle) for one SCENE single user license. Option requires and existing standard Soft Lock license. I PURCHASE AGREEMENT AND CONDITIONS OF SALE Customer will pay any federal, state and local taxes. All conditions of sale, service and warranty as described in FARO standard purchase conditions currently on file with FARO are made as part of this Quotation and are incorporated herein by reference (f/control/04/ref198-012). DR1 2 PLEASE REFERENCE FARO QUOTE NUMBER ON ALL DOCUMENTS. BY REFERENCING FARO QUOTE, CUSTOMER AGREES TO SAID TERMS AND CONDITIONS AS LISTED ON FARO QUOTATION. Page 312 of 636 with approved credit Bill To Ship To: Delivery Terms: EXW Origin Boynton Beach Police Boynton Beach Police Delivery Date: 2-6 Weeks Department Department 100 East Boynton Beach Blvd George Baldino Boynton Beach FL 33435 100 East Boynton Beach Blvd US Boynton Beach FL 33435 Qty Item No. t3 16escription Unit Price Ext. Price 1 S-7330 Focus 3D -X330 57,990.00 57,990.00 Laser Scanner Focus3D X330 Ships with: 1 Focus3D-X330, with GPS, compass, altimeter (barometer), dual -axis compensator and WLAN 1 Year Standard Warranty 1 PowerBlock Battery 1 Power Dock 1 32GB SD Card 1 SID Card Reader 1 SD Card Cover 1 Optical Cleaning Set 1 Quick Charge Power Supply 1 Car Power Supply 1 Ruggedized Protection and Transport Cover (in aluminium) 1 Panorama Quick Release 1 Rugged Transport Case with Wheels 1 License SCENE Software (last version of SCENE) 1 Year Maintenance Contract for SCENE Software Training Please notice: the Leadtime may take 6 weeks or more after receipt of written order. 1 SOFTS0369 SCENE Ppb r* SCENE - Hard Lock - Single User Hard Lock (USB Dongle) for one SCENE single user license. Option requires and existing standard Soft Lock license. I PURCHASE AGREEMENT AND CONDITIONS OF SALE Customer will pay any federal, state and local taxes. All conditions of sale, service and warranty as described in FARO standard purchase conditions currently on file with FARO are made as part of this Quotation and are incorporated herein by reference (f/control/04/ref198-012). DR1 2 PLEASE REFERENCE FARO QUOTE NUMBER ON ALL DOCUMENTS. BY REFERENCING FARO QUOTE, CUSTOMER AGREES TO SAID TERMS AND CONDITIONS AS LISTED ON FARO QUOTATION. Page 312 of 636 Qty Item No. Description Unit Price Ext. Price 1 TR-LS-SCN-POS Laser Scanner Tr. - FARO Fac. - Mo 0.00 Inc 3 Day course for two (2) trainees at an approved FARO training SCENE facility that discusses LS operation, setup, and basic measurements. NOTE� PA" Classroom trainings are limited to six (6) trainees and are scheduled on a first come first served basis. Classes can be canceled within two weeks of the scheduled date if sufficient enrollment is not met. NOTE: Training will expire if not taken within 90 days of receipt of equipment. 1 ACCSS6005 Carbon Fibre Tripod, Compact, 910.00 910.00 Focus3D High-level carbon fibre tripod for Laser Scanner Focus3D 1 ACCSS6001 Power Block, Focus3D Power Block battery for Laser Scanner Focus3D 1 APPS01002 SCENE - Video Pro App. SCENE Video Pro App, for SCENE single user license Plug-in for SCENE 5.x to create animated videos from scan data. 715.00 715.00 1,340.00 PURCHASE AGREEMENT AND CONDITIONS OF SALE Customer will pay any federal, state and local taxes. All conditions of sale, service and warranty as described in FARO standard purchase conditions currently on file with FARO are made as part of this Quotation and are incorporated herein by reference (f/control/04/ref198-012). DR1 2 PLEASE REFERENCE FARO QUOTE NUMBER ON ALL DOCUMENTS. BY REFERENCING FARO QUOTE, CUSTOMER AGREES TO SAID TERMS AND CONDITIONS AS LISTED ON FARO QUOTATION, Page 313 of 636 Page: 3 Quote no. 20007766 Qty Item No. Description Unit Price Ext. Price 1 SWS-FCX FARO Focus 3D X Sid. Warr -1 Yr 4,600.00 4,600.00 One Year Standard Warranty for FARO Focus 3D X includes annual certification and recalibration. Parts, labor and return shipping charges covered. Goal is to have service completed within 10 business days from date of receipt. 1 SMAS0001 SCENE Maint. 1 Yr. Maintence for SCENE software. Duration: 1 year. Scope of service according to the conditions of SCENE the SCENE maintenance contract. I ACCSS0287 mum 1 ACCSS0299 200MM KOPPA TRGT W/ TRIPOD MOUNT KIT (6) A complete package of target spheres along with tripods and other accessories, shipped in 2 crates. The first crate contains a 6 pack of 200mm target spheres with magnetic bases and individual cotton storage/handling bags, and 6 1/4-20 camera tripod mount plates. The second crate contains tripods and accessories that provide most of the standard mounting options for use in the field. Included are 6 camera tripods, 3 small flexible tripods, 3 traffic cone adapters, and a dozen 2" fender washers. 80MM KOPPA TARGET & TRAJECTORY ROD KIT A combination set of 12 80mm targets - 6 magnetic base targets, 6 trajectory mount. Includes 6 magnetic base stainless steel stand-off rods. All shipped in a plastic storage crate. 1,143.00 1,143.00 PURCHASE AGREEMENT AND CONDITIONS OF SALE Customer will pay any federal, state and local taxes. All conditions of sale, service and warranty as described in FARO standard purchase conditions currently on file with FARO are made as part of this Quotation and are incorporated herein by reference (f/control/04/ref198-012). DR12 PLEASE REFERENCE FARO QUOTE NUMBER ON ALL DOCUMENTS, BY REFERENCING FARO QUOTE, CUSTOMER AGREES TO SAID TERMS AND CONDITIONS AS LISTED ON FARO QUOTATION, Page 314 of 636 WAM Page: 4 Quote no. 20007766 My Item No. Description Unit Price Ext, Price I SOFTS0334 FARO Scene Extension Forensic 2,000-00 2,000.00 Extension of FARO Scene software with additional features for forensic applications. SCENE ' MR0 1 TRLSSCNPCSFORO OnSite Forensics Cust-Site Upg. 7,900.00 7,900.00 5 Day Upgrade of TR-LS-SCN-POS (3 day FARO facility class) to 5 Day industry specific scanner training for accident reconstruction and forensics applications to be conducted by an industry except with experience in accident reconstruction and forensics and a variety of associated software packages. This customer site class includes basics of hardware and Scene software, as well as customized training in the customers' applications. Customer site trainings are designed for up to four (4) trainees to ensure proper transfer of knowledge and understanding. Price per class. NOTE: Training will expire if not taken within 90 days of purchase. 1 SOFT50011 FARO CZ Point Cloud 5,495.00 5,495.00 For use with a Laser Scanner. Use FAROO CZ Point Cloud to CADZDne create 2D and 3D diagrams from the point cloud data captured with the FAROO Focus 3D scanner. CZ Point Cloud includes all the features of Crash Zone and Crime Zone plus unique tools for selecting data points, creating accurate diagrams and animations from a point cloud. PURCHASE AGREEMENT AND CONDITIONS OF SALE Customer will pay any federal, state and local taxes. All conditions of sale, service and warranty as described in FARO standard purchase conditions currently on file with FARO are made as part of this Quotation and are incorporated herein by reference (f/control/04tref198-012). DR1 2 PLEASE REFERENCE FARO QUOTE NUMBER ON ALL DOCUMENTS, BY REFERENCING FARO QUOTE, CUSTOMER AGREES TO SAID TERMS AND CONDITIONS AS LISTED ON FARO QUOTATION. Page 315 of 636 NUM Page 5 Quote no. 20007766 Qty Item No. Description Unit Price Ext. Price 1 SOFT50027-D-S FARO CAD Zone Software 89.00 98.00 Oong|e 1 CON1P0121X84 Super Power User Notebook 5.000M 5'000M Notebook -Super Power User. Top-level notebook computer for use with Laser Soanmmr,3D Imager and SomnArmsystems. Optional upgrade for FenoArm systems. Contact your FARO representative for current specifications. ------------------------------------------------ __________________________OmderTotol: Order Total: 90.894.00 Discount Amount: '13.335.00 Shipping Total: ------------------------------------------------- __________________________TotalinUSD: 125.00 Total in USD: 77.48320 PURCHASE AGREEMENT AND CONDITIONS OF SALE Customer will pay any federal, state and local taxes. All conditions of sale, service and warranty nndescribed inFARO standard purchase conditions currently onfile with FARO are made aspart mthis Quotation and are incorporated herein by reference (ficontrol/04/refI98-012). DR12 PLEASE REFERENCE FARO QUOTE NUMBER ON ALL DOCUMENTS. BY REFERENCING Page 316 of 636 AdditionalInformation QUOTE 'TERMS To accurately and promptly process your order', the following informatron is required with your Purchase Order. 1. Purchase Order Number (Pott) 2. Bill To AND Ship To Address (even if they are the same) 3. Net 30 or Sooner Paybrent Terms 4. Prepay and Add Freight Charges OR Collect (with your shippers Account 4) 5. Method of Shipment (Best Way. Ground, Overnight, 2DAY) & FOB Origin or Destination {for GSA and Warranty ONLY Customers) 7, FARO Quote Number 8, PO Signed and Dated 9. Ship To State Tax Exemption Certificate OR acknowledgement to charge tax 1 Q. Signed Credit Applicatian (.New Customers ONLY] Quoted c livery terms are contingent upon timely receipt of all above listed items_ CALIBRATION CAPABILITIES FARO meets the calibration requirements of ISO 17025., if another calibration standard is required please discuss will) your sales contact. FARO follows the recommendation of the ASME 985 4.22-2004, Appendix J, in the application of the decision rule to testing results. This appendix states "B89 Standards that adopt standards referencing ISO 14253-1 as a normative standard shall explicitly state a different default decision rule, where the 4:1 simple acceptance and rejection rule from B89.7.3.1 shall be the default rule unless a different rule rs specified." Page 317 of 636 FA 9% o's 141 hkoo 30/7/2U1G To whom it may concern, This letter identifies FARO Technologies, !nc,aFlorida corporation (~FAROTechnologies" or^FARO~),msthe sole deve|operandmanufactmeroftheFO[US30X9edesofLaserScannem'SCENE=,FAR8CAD Zone and FARO Reality'" (formally ARAS360) software. FARO is also the sole provider of hardware service, warranty, maintenance, annual calibration, and FARO Certified train the trainer programs. FARO is the sole developer of our software suite, FARO recently acquired FARO CAD Zone" and FARO Rea|ity=(ARAS]68)crime/crash scene diagramming software companies. FARO CAD Zone T1 and FARO Rea|ity— both have direct integration coopen FARO Focus point cloud data from scans into a simple to use diagramming program for full scene documentation, animations and other reconstrmctian(2D/]D). FARO CAD Zone" and FARO Rea lityT' and FARO SCENE T1 development teams are in direct communication asthey are owned both byFARO. Unique toFARO asahardware scanning company, FARO isthe sole developer ofour Forensic P|uginwhich includes ablood spatter program for forensic analysis. Tndate'FARO isnot aware ofany other hardware manufacture that manufactures both a comparable laser scanner and forensic blood spatter tool for crime scene forensic analysis that works directly in the point cloud registration software (FARO SCENE'"). FARD'scompetitive advantage isthe lightweight, affordable, precise technology delivered with each 3D laser scanning product and developing the primary forensic diagramming programs in the market today. With FARO Techno�ogies products, our customers are making an investment for future projects with unsurpassed cost -value, a major advantage when looking for the most cutting-edge technology that gets you the right results in an age of limited resources. With hundreds of thousands of units sold worldwide and customers around the globe,our products have been reliably measuring success throughout the world. Our forensic oustomersindudethe0epartmentofDefenme,the federal government, various intelligence organizations, the military, and thousands of law enforcement divisions. Please feel free to contact us with any questions. Kind Regards, KeI ly Watt Regional Manager Law Enforcement Sales (6Cm)29W-3V01Mobile 250 Technology Drive Lake Mary, FL 32746 Tel: 407.333.9911 Fax: 407.562.5262 Tax ID. 59-3157ng3°DUNS: 6z-73V-8929°CAGE: VVGY2ISO Certified =GSA Page 318 of 636 6.G. CONSENT AGENDA 10/20/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/20/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15-133 - Approve the Interlocal Agreement between the City and Palm Beach County for participation in the Drowning Prevention Coalition's (DPC) Learn to Swim Program, which provides vouchers to the public that may be redeemed for swimming lessons at the John Denson Pool. EXPLANATION OF REQUEST: For swimming lessons offered by the Recreation & Parks Department at the John Denson Pool, as part of the DPC Learn to Swim Program, the County will pay the City its usual and customary fee per class. The vouchers are issued by the Learn to Swim Program and are valued at a maximum of $50 per class. The term of the Agreement will be from October 1, 2015 through September 30, 2016. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Various swimming and water safety lessons are offered at the John Denson Pool. All the classes are open to the public and will not be restricted to voucher holders. The County will be invoiced monthly based on the number of swimming lesson classes. The DPC Learn to Swim Program provides free water safety and swimming lessons to Palm Beach County resident children ages 3-12 who don't know how to swim. Children qualify if they receive Medicaid, FI Kid Care, Healthy Kids or their guardian is on food stamps or section 8 housing. Children who are special needs also qualify for the free program as well. FISCAL IMPACT: Budgeted Direct expenses are covered by the registration fee for the lessons. ALTERNATIVES: Do not approve the I nterlocal Agreement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 319 of 636 ATTACHMENTS: Type D Resolution D Addendum D Exhibit REVIEWERS: Department Reviewer Recreation & Parks Majors, Wally Assistant City Manager Lejeune, Carisse Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description Resolution approving ILA for Drowning Prevention Interlocal Agreement Schedule of classes Action Date Approved 10/8/2015 - 11:39 AKA Approved 10/8/2015 - 12:11 IIIA Approved 10/8/2015 - 12:17 IIIA Approved 10/12/2015 - 2:53 IIIA Approved 10/1 5/201 - 3:19 IIIA Page 320 of 636 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 R15 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT FOR SWIMMING LESSONS BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR PARTICIPATION IN THE DROWNING PRVENTION COALITION LEARN TO SWIM PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Palm Beach County will pay to the City of Boynton Beach its usual and customary fee per swim class for swimming lessons provided by the City in exchange for the Drowning Prevention Coalition Learn to Swim Program; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to approve and authorize execution of the Interlocal Agreement with Palm Beach County which expires September 30, 2016, for participation in the Drowning Prevention Coalition Learn to Swim Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach hereby authorizes the Mayor and City Clerk to execute an Interlocal Agreement between the City of Boynton C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\FEAF82AB-A640-4BE1-AABO-A342B93BA957\Boynton Beach. 2104.1. ILA with PBC for Drowning _Prevention_Swim_Program_15-16_Reso.doc Page 321 of 636 30 Beach and Palm Beach County which expires September 30, 2016, for participation in the 31 Drowning Prevention Coalition Learn to Swim Program, a copy of said Interlocal Agreement is 32 attached hereto and made a part here as Exhibit "A". 33 Section 3. That this Resolution shall become effective immediately upon passage. 34 PASSED AND ADOPTED this day of , 2015. 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) YES NO C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\FEAF82AB-A640-4BE1-AABO-A342B93BA957\Boynton Beach. 2104.1. ILA—with—PBC—for—Drowning PreventionSwimProgram 15-16—Reso.doc Page 322 of 636 INTERLOCAL AGREEMENT FOR SWIMMING LESSONS This Agreement is made as of the day of , 20 , by and between Palm Beach County, a Political Subdivision of the State of Florida, by and through its Board of Commissioners, hereinafter referred to as the COUNTY, and the City of Boynton Beach, a Florida municipal corporation located in Palm Beach County, Florida (hereinafter referred to as "MUNICIPALITY"). WHEREAS, COUNTY, through its Drowning Prevention Coalition's ("DPC") Learn to Swim Program, distributes vouchers to the public which may be redeemed for swimming lessons at designated aquatic facilities within Palm Beach County; and WHEREAS, the parties desire to enter into this Agreement for MUNICIPALITY to provide swimming lessons as part of the DPC Learn to Swim Program, and to define the parties' responsibilities relating thereto. WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their power by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities. NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the COUNTY and the MUNICIPALITY agree as follows: ARTICLE I - SERVICES MUNICIPALITY shall offer and provide swimming lesson classes to individuals who present vouchers issued by the DPC Learn to Swim Program. Each class to be offered and provided shall consist of a series of at least six swimming lessons and shall be identified in Exhibit A, attached hereto and incorporated herein. Exhibit A shall set forth the name, type, swimming level, dates, location, minimum participation requirements, if any, and MUNICIPALITY'S usual and customary fee for each class. MUNICIPALITY shall not charge voucher holders for any swim class for which MUNICIPALITY'S usual and customary fee is $50.00 or less. If MUNICIPALITY'S usual and customary fee for a swim class is more than $50.00, then the maximum fee that MUNICIPALITY may charge voucher holders for said class is its usual and customary fee minus $50.00. Said classes may be open to the public and are not restricted to voucher holders. The swimming lesson classes shall be provided at MUNICIPALITY'S aquatic facility. MUNICIPALITY agrees to provide and maintain its facility in a safe, clean and hygienic manner and in accordance with all safety and health standards and all other applicable laws and regulations. MUNICIPALITY agrees to provide and maintain in proper working order all equipment necessary to provide and maintain the services and facility as provided herein. MUNICIPALITY represents and warrants that its aquatic facility is in compliance, and shall continue to be in compliance, with Section 514.031, Florida Statutes, all applicable rules and requirements of the State and County Health Departments, and all other applicable laws, rules and regulations. Prior to execution of this Agreement, MUNICIPALITY must provide to 1 Page 323 of 636 COUNTY copies of the facility's current operating permit and most current inspection report, which must evidence a satisfactory inspection. MUNICIPALITY shall perform the services set forth herein in accordance with all applicable laws, rules and regulations, and in a competent, professional, safe and responsible manner with full regard for the safety of the participants. MUNICIPALITY agrees and warrants that all swimming instructors utilized by MUNICIPALITY to provide lessons hereunder shall be certified as required by Section 514.071, Florida Statutes, and any other applicable laws, rules and regulations. MUNICIPALITY shall provide proof of such certifications to COUNTY'S representative upon request. MUNICIPALITY represents and warrants that it has in place, and shall continue to maintain, a drug-free workplace policy. ARTICLE 2 — COMMENCEMENT AND TERM This Agreement shall commence on October 1, 2015 and shall remain in effect until September 30, 2016. ARTICLE 3 - PAYMENTS TO MUNICIPALITY A. For swimming classes provided by MUNICIPALITY in exchange for DPC Learn to Swim Program vouchers, COUNTY shall pay MUNICIPALITY its usual and customary fee per class as set forth in Exhibit A hereto, up to a maximum of $50.00 per class series provided to a voucher holder. As provided in Resolution No. R-2005-1906, the total payments to all swimming lesson providers utilized in the DPC Learn to Swim Program for each fiscal year shall not exceed the amount budgeted by COUNTY for this purpose for said fiscal year. B. MUNICIPALITY shall invoice COUNTY monthly based on the number of swimming lesson classes provided hereunder. Invoices shall include a list of the names and contact information of students to whom lessons were actually provided, the name, dates, and times of the classes provided, and any other documentation deemed necessary by COUNTY to verify that services have been rendered in conformity with this Agreement and any applicable DPC Learn to Swim Program criteria, policies and procedures. ARTICLE 4 - TERMINATION The COUNTY may terminate this Agreement at any time upon written notice to the MUNICIPALITY with or without cause and without penalty, damages or recourse against COUNTY. MUNICIPALITY may terminate this Agreement upon thirty days (30) days' prior written notice to the COUNTY. ARTICLE 5 - PERSONNEL The MUNICIPALITY represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the COUNTY. 2 Page 324 of 636 All of the services required hereunder shall be performed by the MUNICIPALITY or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized and permitted under state and local law to perform such services. The MUNICIPALITY warrants that all services shall be performed by skilled and competent personnel to the highest professional standards in the field. ARTICLE 6 - SUBCONTRACTING MUNICIPALITY may not, without written approval of COUNTY, subcontract any rights, responsibilities or obligations under this Agreement. ARTICLE 7 - AVAILABILITY OF FUNDS The COUNTY'S performance under this Agreement for subsequent fiscal years is contingent upon annual appropriations for its purpose by the Board of County Commissioners and subject to the provisions of Palm Beach County Resolution No. R-2005-1906. The MUNICIPALITY'S performance under this Agreement for subsequent fiscal years is contingent upon annual appropriations for its purpose by its governing body. ARTICLE 8 - INSURANCE Without waiving the right to sovereign immunity as provided by s.768.28 f. s., MUNICIPALITY acknowledges to be self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $200,000 Per Person and $300,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. In the event MUNICIPALITY maintains third -party Commercial General Liability and Business Auto Liability in lieu of exclusive reliance of self-insurance under s.768.28 fs, MUNICIPALITY shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit for bodily injury or property damage. MUNICIPALITY agrees to maintain or to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Chapter 440, Florida Statutes. When requested, MUNICIPALITY shall agree to provide an affidavit or Certificate of Insurance evidencing insurance, self-insurance and/or sovereign immunity status, which COUNTY agrees to recognize as acceptable for the above mentioned coverages. Compliance with the foregoing requirements shall not relieve MUNICIPALITY of its liability and obligations under this Agreement. ARTICLE 9 - INDEMNIFICATION Each party shall be liable for its own actions and negligence and, to the extent permitted by law, COUNTY shall indemnify, defend and hold harmless MUNICIPALITY against any actions, claims or damages arising out of COUNTY'S negligence in connection with this Agreement, and MUNICIPALITY shall indemnify, defend and hold harmless COUNTY against any actions, claims, or damages arising out of MUNICIPALITY'S negligence in connection with this 3 Page 325 of 636 Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. ARTICLE 10 - SUCCESSORS AND ASSIGNS Neither party shall assign, delegate or otherwise transfer its rights and obligations as set forth in this Agreement to any other entity without the prior written consent of the other party. ARTICLE 11 - REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. No provision of this Agreement is intended to, or shall be construed to, create any third -parry beneficiary or to provide any rights to any person or entity not a parry to this Agreement, including but not limited to any citizen or employees of the COUNTY and/or MUNICIPALITY. ARTICLE 12 - CONFLICT OF INTEREST The MUNICIPALITY represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Chapter 112, Part III, Florida Statutes and the Palm Beach County Code of Ethics. The MUNICIPALITY further represents that no person having any such conflict of interest shall be employed for said performance of services. The MUNICIPALITY shall promptly notify the COUNTY's representative, in writing, by certified mail, of all potential conflicts of interest of any prospective business association, interest or other circumstance which may influence or appear to influence the MUNICIPALITY'S judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the MUNICIPALITY may undertake and request an opinion of the COUNTY as to whether the association, interest or circumstance would, in the opinion of the COUNTY, constitute a conflict of interest if entered into by the MUNICIPALITY. The COUNTY agrees to notify the MUNICIPALITY of its opinion by certified mail within thirty (30) days of receipt of notification by the MUNICIPALITY. If, in the opinion of the COUNTY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the MUNICIPALITY, the COUNTY shall so state in the notification and the MUNICIPALITY shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the COUNTY by the MUNICIPALITY under the terms of this Agreement. 0 Page 326 of 636 ARTICLE 13 - EXCUSABLE DELAYS MUNICIPALITY shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the control of MUNICIPALITY or its subcontractors and without their fault or negligence. Such causes include, but are not limited to, acts of God, force majeure, natural or public health emergencies, labor disputes, freight embargoes, and abnormally severe and unusual weather conditions. Upon MUNICIPALITY'S request, the COUNTY shall consider the facts and extent of any failure to perform the work and, if the MUNICIPALITY 'S failure to perform was without its or its subcontractors fault or negligence, the Agreement schedule and/or any other affected provision of this Agreement shall be revised accordingly, subject to the COUNTY'S rights to change, terminate, or stop any or all of the work at any time. ARTICLE 14 - ARREARS The MUNICIPALITY shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgement, lien, or any form of indebtedness. The MUNICIPALITY further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. ARTICLE 15 — PUBLIC RECORDS The MUNICIPALITY shall comply with Florida's Public Records Law with regard to any documents or other records relating to this Agreement. ARTICLE 16 - INDEPENDENT CONTRACTOR RELATIONSHIP The MUNICIPALITY is, and shall be, in the performance of all work services and activities under this Agreement, an Independent Contractor, and not an employee, agent, or servant of the COUNTY. All persons engaged in any of the work or services performed pursuant to this Agreement shall at all times, and in all places, be subject to the MUNICIPALITY'S sole direction, supervision, and control. The MUNICIPALITY shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the MUNICIPALITY'S relationship and the relationship of its employees to the COUNTY shall be that of an Independent Contractor and not as employees or agents of the COUNTY. The MUNICIPALITY does not have the power or authority to bind the COUNTY in any promise, agreement or representation. ARTICLE 17 - CONTINGENT FEES The MUNICIPALITY warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the MUNICIPALITY to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the MUNICIPALITY, any fee, commission, percentage, gift , or any other consideration contingent upon or resulting from the award or making of this Agreement. 9 Page 327 of 636 ARTICLE 18 - ACCESS AND AUDITS The MUNICIPALITY shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years after completion or termination of this Agreement. The COUNTY shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the MUNICIPALITY'S place of business. Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2-421 — 2-440, as may be amended. The Inspector General's authority includes but is not limited to the power to review past, present and proposed County contracts, transactions, accounts and records, to require the production of records, and to audit, investigate, monitor, and inspect the activities of the MUNICIPALITY, its officers, agents, employees, and lobbyists in order to ensure compliance with contract requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Section 2-421 — 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. ARTICLE 19 - NONDISCRIMINATION The MUNICIPALITY warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity and expression, or genetic information. The MUNICIPALITY has submitted to COUNTY a copy of its non-discrimination policy which is consistent with the above, as contained in Resolution R-2014-1421, as amended, or in the alternative, if MUNICIPALITY does not have a written non-discrimination policy or one that conforms to the COUNTY's policy, it has acknowledged through a signed statement provided to COUNTY that MUNICIPALITY will conform to the COUNTY's non-discrimination policy as provided in R-2014-1421, as amended. ARTICLE 20 - AUTHORITY TO PRACTICE The MUNICIPALITY hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the COUNTY's representative upon request. ARTICLE 21 - SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. on Page 328 of 636 ARTICLE 22- PUBLIC ENTITY CRIMES As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, the MUNICIPALITY certifies that it, its affiliates, suppliers, subcontractors and contractors who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a). ARTICLE 23 - SURVIVABILITY Any covenant, agreement, representation, warranty or other provision of this Agreement that is of a continuing nature or which by its language or its nature imposes an obligation that extends beyond the term of this Agreement, including but not limited to representations relating to indemnification and the disclosure or ownership of documents, shall survive the expiration or early termination of this Agreement and the consummation of the transactions contemplated hereunder. ARTICLE 24 - NOTICE All notices required in this Agreement shall be sent by certified mail, return receipt requested, hand delivery or other delivery service requiring signed acceptance. If sent to the COUNTY, notices shall be addressed to: Palm Beach County Fire -Rescue 405 Pike Road West Palm Beach, FL 33411-3815 Attn: Fire -Rescue Administrator If sent to the MUNICIPALITY, notices shall be addressed to: City of Boynton Beach John H. Denson Pool 225 Northwest 12th Avenue Boynton Beach, FL 33425 Attn: Kari Yerg, Pool Supervisor ARTICLE 25 - FILING A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. ARTICLE 26 - ENTIRETY OF CONTRACTUAL AGREEMENT The COUNTY and the MUNICIPALITY agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered unless agreed to in writing by both parties. This Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns and successors in interest. 7 Page 329 of 636 IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Agreement on behalf of the COUNTY, and MUNICIPALITY has hereunto set its hand the day and year above written. WITNESS PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS ME Signature Jeffrey P. Collins, Fire -Rescue Administrator, through Verdenia C. Baker, County Administrator Name (type or Print) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney ATTEST: By: APPROVED AS TO TERMS AND CONDITIONS Palm Beach County Fire -Rescue CITY OF BOYNTON BEACH City Clerk Jerry Taylor, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY itz City Attorney E Page 330 of 636 Exhibit A Page 331 of 636 LEARN TO SWIM PROGRAM City of Boynton Beach John H. Denson Pool 225 NW 12th Avenue Boynton Beach Florida, 33435 Exhibit A Parent & Tot: — Max. 10 students Infants and toddlers will become comfortable in and around the water. Their parents will learn information and techniques to help orient their child(ren) to the water and how to supervise water activities in a safe manner. Level I, Introduction to Water Skills: - Max. 6 students Children will learn basic water safety and swimming skills at a beginner level in order to progress to the intermediate Level II. Level II, Fundamental Aquatic Skills: - Max. 6 students Children will develop swimming techniques at an intermediate level in order to progress to the advanced Level III. Level III, Stroke Development and Improvement: - Max. 10 students Children will practice stroke refinement at an advanced level in order to advance to a Recreation Swim League or pre -competition level. Spring 2016 Week Day Sessions When: Tuesday & Thursday or Wednesday & Friday for four weeks T/Th W/F 1/5-1/21 1/6-1/22 1/26-2/11 1/27-2/12 2/16-3/3 2/17-3/4 3/8-3/31 * 3/9-4/1 * *no class 3/22-3/26 4/5-4/21 4/6-4/22 4/26-5/12 4/27-5/13 5/17-6/2 5/18-6/3 Times: Per Level Level I Level II Level III 4:30-5:OOPM 4:30 - 5:OOPM 4:00- 4:30PM 5:00-5:30 PM 5:00-5:30 PM Spring 2016 Saturdav Sessions When: Saturday 1/9-1/30 2/6-2/27 3/5-4/2* *no class 3/22-3/26 4/9-4/30 Page 332 of 636 5/7-5/28 Times: Per Level P&T 10:00AM — 10:30AM Level I, II, III 10:30 AM — 11:15 AM 11:15 AM -12:00 PM Summer 2016 Lessons Learn to Swim Weekday Session 1 June 14-17 Session 2 June 21-24 Session 3 June 28 -July 1 Session 4 July 5- 8 Session 5 July 12-15 Session 6 July 19-22 Session 7 July 26-29 Session 8 Aug 2-5 Session 9 Aug 9-13 Level 9:00-9:45 9:45-10:30 10:30-11:15 Level 11 9:00-9:45 9:45-10:30 10:30-11:15 Level III 9:45-10:30 10:30-11:15 Summer 2016 Saturday Swim Lessons Session 1 6/4-7/2 Session 2 7/9-7/30 Session 3 8/6-8/27 P&T 10:00AM — 10:30AM Level I, II, III 10:30AM-11:15AM, 11:15AM-12:OOPM Fall 2016 Week Day Sessions When: Tuesdav & Thursdav or Wednesdav & Fridav for four weeks T/Th W/F 8/23-9/8 8/24-9/9 9/13-9/29 9/14-9/30 10/4-10/20 10/5-10/21 10/25-11/10 10/26-11/11 11/15-12/8* 11/16-12/9* *NO CLASS 11/22-25 Times: Per Level Level I&II 4:30-5:OOPM 5:00 — 5:30 PM Level III 4:00-4:30PM Page 333 of 636 Fall 2016 Saturday Sessions When: Saturday 9/3-9/24 10/1-10/22 10/29-11/19 Times: Per Level P&T 10:00AM — 10:30AM Level I, II, III 10:30 AM — 11:15 AM 11:15 AM -12:00 PM Admission: $40R $50NR per session Page 334 of 636 6. H. CONSENT AGENDA 10/20/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/20/2015 REQUESTED ACTION BY COMMISSION: Approve the minutes from the Regular City Commission meetings held on October 6, 2015. EXPLANATION OF REQUEST: The City Commission met on October 6, 2015 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT: Non -budgeted N/A ALTERNATIVES: N/A STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Minutes REVIEWERS: Department City Clerk Reviewer Pyle, Judith Description Minutes 10-06-15 Action Approved Date 10/12/2015 - 6:06 AKA Page 335 of 636 111141TES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA ON TUESDAY, OCTOBER 6,2015 @ 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Joseph Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael Fitzpatrick, Commissioner A. Call to Order - Mayor Jerry Taylor Mayor Taylor called the meeting to order at 6:34 p.m. Commissioner McCray offered the Invocation. Lori LaVerriere, City Manager James Cherof, City Attorney Janet Prainito, City Clerk Pledge of Allegiance to the Flag led by Commissioner David Merker Commissioner Merker led the Pledge of Allegiance to the Flag. Roll call revealed all members were present. NEMEMN= Additions, Deletions, Corrections Mayor Taylor advised two items would be added under New Business. Item 12.C. would be the PBA Contract Ratifications and Item 12.D would be the Globaltech contract for the East Water Treatment Plant. Mayor Taylor pulled Item 6.17, for further explanation from staff. Commissioner Fitzpatrick received requests to speak on the CRA Resolution and he asked to move Item 13.C. forward on the agenda. Mayor Taylor suggested hearing Item 13.C. immediately following section 6. Consent Agenda. Vice Mayor Casello pulled Items 6.0 and 6.G for discussion. 2. Adoption Page 336 of 636 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL OCTOBER 6, 2015 Commissioner McCray moved to approve the agenda as amended. Vice Mayor Casello seconded the motion, Vote The motion passed unanimously, A. Informational items by Members of the City Commission Vice Mayor Casello advised he had participated in the Chamber of Commerce Golf Tournament. Commissioner Merker had the privilege to learn and attend the 107th Anniversary of St. John Missionary Baptist Church. The people came together to celebrate the history and thoughts of the past, present and into the future. The Pastor was exciting and dramatic. Commissioner McCray recognized the demise of Ms. Elizabeth Jenkins, 93 years young. She was a community activist in the City and lived in District 11. He asked her family be kept in prayers. On October l't, Commissioner McCray went to the Links Golf Course to plant a tree, as did Mayor Taylor and Vice Mayor Casello. He had met with Vivian Brooks, after having refused to meet with her because of past experiences. She had sent a note of apology to Commissioner McCray which he accepted and would work to move the City forward. Mayor Taylor had gone to the Mayors' Literacy Coalition and swore in the Americorps volunteers. They are young people who volunteer their time in libraries or schools and get paid very little. The "Read for the Record" event was announced. The featured book is Not Norman. For the last two years, the City of Boynton Beach has won by reading to the most children. Volunteers to read are needed. On September 18th Mayor Taylor, welcomed Lady Mayor of Westminster England to the Boynton Beach Community High School where the Dimensional Harmony Choir performed for her. An official invitation was delivered for the Choir to attend and perform at the London International Choir Festival. Mayor Taylor also attended the Senior Health Fair at the Senior Center that had a tremendous turnout. He went to the St. John Missionary Baptist Church's 107th Anniversary celebration, the Avenue of the Arts reception and the League of Cities luncheon. Mayor Taylor explained the County is proposing a half cent or one cent K Page 337 of 636 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL OCTOBER 6, 2015 increase in the sales tax to cover a $700,000 to $800,000 shortfall to improve the infrastructure and roads in Palm Beach County. The cities are in the same situation. The two options would be to raise property taxes or the sales tax assessment. The Cultural Council will be assessing the public opinion. The issue would have to be decided by a referendum vote of all residents. The revenue from a half cent increase would be $1.213 that would be divided 60% to the County and 40% to the municipalities based on population, The City of Boynton Beach would realize $5M for a half cent increase and a one cent sales tax increase would result in $10M in revenue. Mayor Taylor noted the golf course tree planting included 175 trees as a result of grant funding. The Chamber of Commerce Golf Tournament was another event attended and the concert featuring the Gold Coast Band held at the Civic Center. Mayor Taylor acted as conductor for the opening and closing numbers for the band performance that was well attended. Vice Mayor Casello added kudos for the golf course staff for making The Links a five- star golf course. Commissioner McCray added he had visited Boynton Beach High School to meet with the Principal and stressed all individuals have to abide by the rules of the Palm Beach School District, I_4a1K_Jl1lX*_jj, Ijj [j] ZI IIIIIA1] A. Announcement by Boynton Beach Community High School's Principal Mr. Fred Barch on the latest fundraising efforts for the Dimensional Harmony to travel to London and perform at the London International Choral Festival, Mr. Barch will introduce Sterling Frederick, Choir Director, who in turn, will conduct the choir in several songs for the audience. Fred Barch, Principal of Boynton Beach Community High School, indicated the choral program was well known locally, state-wide and nationally, under the direction of Mr. Sterling Frederick. The invitation to sing at the London Festival is only given to nationally recognized programs. It is an honor bestowed on only seven choral programs in the world. There is an ongoing fundraising campaign to offset the cost of the trip. The group was present and sang, Somewhere Over the Rainbow and a gospel selection. Commissioner McCray announced he would be donating $1,000 to the choir from his community funds. Mr. Barch explained the ways to donate to the Choir. The discipline and structure of the group is outstanding. N Page 338 of 636 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL OCTOBER 6, 2015 B. Vice Mayor Casello to introduce Ms. Beverlee Miller Raymond who intends to present a donation to assist the Dimensional Harmony Choir of Boynton Beach Community High School to honor the invitation of Past Lady Mayor of Westminster Catherine Longworth to sing at the London International Choral Festival. Beverlee Raymond commented to have the opportunity at such a young age is amazing. She donated $5,000 to the Choir for the trip. She explained her family has lived in Boynton Beach since 1971 operating the Royal Manor development. She hoped the students would have a great time in London, Vice Mayor Casello noted Ms. Raymond is involved in the organization Extraordinary Charities, a Palm Beach based, non-profit organization devoted to raising awareness of small, but deserving charities. The organization was co-founded by Beverlee and John Raymond, Jr. Their focus is on cultural, educational and human services, Vice Mayor Casello thanked her for their generosity and for being a good neighbor in District IV. Mayor Taylor commented the Choir has performed nationally and it is now time to share their talents with the rest of world. C. Announcement by Recreation & Parks Director Wally Majors regarding the "Fall Festival" event, which will be held at Intracoastal Park on Saturday, October 10, 2015 from 3:00 to 6:00 p.m. Wally Majors, Recreation and Parks Director, announced another Play Unplugged event. It is the Fall Festival to be held on October 10th from 3 to 6 p.m. The first 50 kids at the pumpkin table will receive a free pumpkin. There will be pony rides, a petting zoo, a climbing wall, face painters and much more. It is a free family event. D. Announcement by Eleanor Krusell, Communications Manager, regarding the Digital Photo Contest for the City's 2016 Calendar. Eleanor Krusell, Communications Manager, announced the City was accepting pictures for the 2016 Calendar, from residents and the public, depicting images portraying the City of Boynton Beach and its amenities. There have been over 40 entries. There is no entry fee or limit on the number of photos submitted. The entries can be submitted online by October 19th. Each photo selected will receive a $100 award. 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) 4 Page 339 of 636 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL OCTOBER 6, 2015 Harry Woodworth, 685 NE 15th Place, President of the Inlet Cove Association (INCA) reported FPL had pulled out all the wooden poles along N. Federal Highway except one. The pole on the bridge at the C-16 Canal now has electricity. Joyce Mura, 1555 Palmland Drive, wanted a response to an email she had sent on August 19th relating to assisting the City to garner information on the police and fire services. There was to be a survey of the citizens included in the utility bills. Within her association, the unit owners do not get individual utility bills. She offered to distribute the survey to the residents in her area. She had not received a response to her email, Vice Mayor Casello explained the survey had not been started and when and if it is ready for distribution, her name and information would be available. He thanked her for her interest in assisting. Susan Oyer, 140 SE 27th Way, works in Boca Raton, Florida and their City Commission is very unresponsive. Ms. Oyer commended the Boynton Beach Commission for addressing the concerns of the citizens that come forward at the meetings. It is done on a timely basis and issues are generally resolved. Audrey Gerger, 331 NE 1" Avenue, owns a historical double townhouse that has an issue with parking. After over 80 years, parking in the front of the property is no longer possible. It is now a deep ditch with grass. Her property has no grass and she now has to maintain the grass at her expense on the City's property in front of her house. She was not consulted on the parking and a ditch was created. She contended she pays for an occupational license and taxes and should not have to pay for lawn service. She felt she did not deserve the burden and requested reimbursement. Dr. Piotr Blass, 113 W. Tara Lakes Drive, felt the City was doing well. He mentioned the beach has deteriorated with pollution and bacteria in the water. Whoever is polluting the ocean should be confronted and stopped. The conditions should be closely monitored. Dr. Blass reiterated his desire to have the Old High School converted to the University of Boynton Beach. Mayor Taylor responded there has been an issue with seaweed along the entire Florida coast. It is cleaned regularly and the water is tested and the beach closed, if necessary. Rev. Bernard Wright, 713 NW 2nd Street, commended Jeff Livergood and City staff for the work being done in the Heart of Boynton. Staff is responsive and Commissioner McCray assists. when needed. Herb Suss, 1711 Woodfern Drive, had attended a climate change meeting and reported on upcoming events. There would be a County Commission meeting with an item relating to the Ag Reserve. It should be saved, Mr. Suss cautioned the tides are rising. Page 340 of 636 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL OCTOBER 6, 2015 He was upset with meetings scheduled on the 2nd day of Rosh Hashanah and distributed Jewish calendars to assist in avoiding scheduling conflicts. Steven Grant, NE 3rd Avenue, informed the Commission and community he was a candidate for the office of Mayor in the upcoming election. He had been Chair of the Financial, Advisory Committee and believed a youthful viewpoint of the City was needed going forward. He noted West Palm Beach and the County had decriminalized possession of 20 grams or less of marijuana and asked if Boynton Beach could do the same. Mayor Taylor advised he had discussions with the Criminal Commission and the Boynton Chief of Police relating to marijuana. 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 Non-voting Stu (N/V Stu) openings exist. Arts Commission: 1 Reg Building Board of Adjustments and Appeals: 1 Alt Education and Youth Advisory Board: 1 Stu Golf Course Advisory Committee: 1 Alt Recreation and Parks Board: 1 Alt Planning and Development Board: 1 Alt Senior Advisory Board: 1 Reg and 2 Alts Motion Mayor Taylor moved to appoint Floyd Zonenstein to the Planning and Development Board. Commissioners McCray and Fitzpatrick seconded the motion. Vote The motion passed unanimously. B. Authorize City Commissioners to travel to Tallahassee, FL to attend Palm Beach County Days, January 12-13, 2016 9 Page 341 of 636 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL OCTOBER 6, 2015 Commissioner McCray moved to authorize travel to Tallahassee. Commissioner Merker seconded the motion. Ms. LaVerriere explained there were monies budgeted for two attendees. It is a decision for the Commission. Mayor Taylor, Vice Mayor Casello and Commissioner Merker volunteered to attend. Vote There was consensus that three members could attend. 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. RI5-120 - Approve the expenditure of $7,825 for the Subscription Agreement with American Funding Innovators, Inc. and authorize the City Manager to execute the agreement. B. PROPOSED RESOLUTION NO. R15-121 - Approve the City's State Housing Initiatives Partnership (SHIP) Program Special Annual Report and authorizing the Mayor or his designee to execute the Certification to accompany the report. C. PROPOSED RESOLUTION NO. RIS -122 - Allow for a Waiver of Right of, First Refusal for PNC Bank, National Association, owner of 293 Meadows Drive, Boynton Beach, Florida, 33426, and authorizing the Mayor or his designee to sign this document. Vice Mayor Casello had pulled Item 6.0 for discussion. He understood the house went into foreclosure and as a lienholder, the City lost all rights to any money resulting from the eventual sale. Andrew Mack, Interim Director of Development and City Engineer, explained the lien on the property had been dissolved due to the foreclosure. Vice Mayor Casello questioned if a trend was being set and total monies lost through the foreclosure process. Mr. Mack responded this property was first before the Commission as a short sale that would have resulted in some monies being returned to N Page 342 of 636 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL OCTOBER 6, 2015 the City. Unfortunately the sale did not materialize. The waiver involves an opportunity for the City to purchase the property, but funds are not available. Vice Mayor Casello wanted to know how much money has been lost in similar situations of foreclosure for the homes in the first-time home buyers program. Mr. Mack would supply the information. The program remains in effect through SHIP (State Housing Initiative Partnership). Mr. Mack advised the second mortgage was for $58,930 that was grant funding from the State. Commissioner Merker moved to approve the Item. Vice Mayor Casello seconded the motion. Vote The motion passed unanimously. D. PROPOSED RESOLUTION NO. R15-123 - Authorize the City Manager to sign a three (3) year equipment/software maintenance agreement with Physio Control for Lucas CPR devices for an annual cost of $6,330, E. PROPOSED RESOLUTION NO. R15-124 - Authorize the City Manager to have signature powers on behalf of the City of Boynton Beach for the establishment of quiet zones along both the CSX and FEC Rail corridors. F. PROPOSED RESOLUTION NO. R15-125 - Amend the FY2014- 2015 Budget to adjust budgeted appropriations and revenue sources to provide spending authority for Operating and Capital Improvement Projects as need to cover anticipated expenditures for FY 2014-2015. Mayor Taylor had pulled the item for informational purposes, Mr. Howard clarified this was an annual balancing process undertaken prior to the audit. The Statute allows for a budget amendment of the previous year's budget for up to 60 days after the end of the fiscal year. If department level approval monies are moved between departments, it requires City Commission approval. Examples of such changes would be an underestimated expense, payouts for employee benefits and DROP benefits that are not budgeted at the beginning of the year. All departments are reviewed for any shortages and anticipated revenues. The Building permits and Code Enforcement fines revenue are more than anticipated. Mr. Howard reviewed the larger issues to be brought before the Commission. He anticipated the overall budget coming in $1.5M under budget for the year before the audit is done. Page 343 of 636 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL OCTOBER 6, 2015 Commissioner Merker moved to approve Item 6.17. Commissioner McCray seconded the motion. Vote The motion passed unanimously. G. PROPOSED RESOLUTION NO. RI5-126 - Award and authorize the City Manager to sign a Two -Year Lease Agreement with Ultimate Bakery and Pastry, Inc. to operate the Restaurant at the The Links golf course as a result of RFP No. 061-2910-15/J MA. Vice Mayor Casello had pulled the item for further discussion. Ron Tapper, Golf Course Manager, noted the rent for the restaurant concession was $7,000 or 6.5% of gross sales, whichever is greater, for the first year, with an increase the second year. Vice Mayor Casello asked if the current vendor had submitted a bid. Mr, Tapper advised they had not submitted a bid and was unaware if they were profitable at the location. Their rent was based on 70 per round or $4,500 to $5,000 a month. There were 60,000 rounds. Vice Mayor Casello inquired if the menu included any specialties and Mr. Tapper indicated some fried foods were added, grilled items, fresh eggs used. The kitchen was up to Code and any problems had been resolved. The golf course would be responsible for any maintenance issues with the equipment. The expenses and revenue were at break even. The rent is higher, but there will be more food items. Based on the fact all prior vendors have left the facility, Vice Mayor Casello was concerned another vendor would ultimately fail. He questioned how the quality could be improved. Mr. Tapper advised the vendor selected has operated at other golf courses for a number of years at each location. It appears there is now a quality vendor to operate at an approved facility with no unforeseen expenses. Mr. Tapper noted the air conditioning system was being totally replaced. Commissioner Merker inquired if there was dialogue with the vendor to provide the proper menu and services for the customers. Mr. Tapper stressed the vendor does not work for the golf course or the City. There is dialogue between the staff and the vendor. E Page 344 of 636 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL OCTOBER 6, 2015 Motion Vice Mayor Casello moved to approve Item 6.G. Commissioner McCray seconded the motion. Vote The motion passed unanimously. H. Approve the purchase of three (3) Thermal Imager Cameras from Municipal Equipment Company of Orlando, FL, by utilizing Lake County Contract 12- 0806M for an estimated total cost of $29,198.55. I. Accept the Fiscal Year 2014-2015 Budget Status Report of the General Fund and the Utilities Fund for the eleven (11) month period ending August 31, 2015. J. Approve the minutes from the Regular City Commission meeting held on September 15, 2015 and the Special Meetings held on September 9th and 30th, 2014. (Item 13.C. was discussed at this time). A. Award the bid for a "Two Year Bid for Diesel/Propane Generator and By -Pass Pump Maintenance and Repair Service", Bid No. 066- 2821-15/JMA for the Utilities and Facilities Departments to Advance Generator Sales and Service, Inc. of Royal Palm Beach, FL. for an annual anticipated expenditure of $125,000. Pri 1% = Commissioner McCray moved to approve the bid award. Vice Mayor Casello seconded the motion►. Vote The motion passed unanimously. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None iU Page 345 of 636 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL OCTOBER 6, 2015 The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 15-026 - FIRST READING - PUBLIC HEARING - Approve MLK South (LUAR 15-001) Future Land Use Map amendment from Local Retail Commercial (LRC) and Medium Density Residential (MeDR) to Mixed Use (MX) Attorney Cherof read Proposed Ordinance No. 15-025 by title only, on first reading. Commissioner McCray moved to approve the Ordinance. Vice Mayor Casello seconded the motion with discussion. Vice Mayor Casello was confused with the parcel of land being affected. Mr, Rumpf noted the first item was the MLK project. Mayor Taylor opened the issue for public hearing. No one came forward. City Clerk Prainito called the roll. The vote was 5-0. PROPOSED ORDINANCE NO. 15-026 - FIRST READING - PUBLIC HEARING - Approve rezoning from C-2 (Neighborhood Commercial District) and R-2 (Single -and Two -Family Residential District), to MU -1_2 (Mixed Use Low Intensity 2 District). Applicant: City -initiated at the CRA request. Attorney Cherof read Proposed Ordinance No. 15-026 by title only, on first reading. Commissioner McCray moved to approve the Ordinance. Commissioner Fitzpatrick seconded the motion. Mayor Taylor opened the issue for public hearing. No one came forward. Vote City Clerk Prainito called the roll. The vote was 5-0. liE Page 346 of 636 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL OCTOBER 6, 2015 B. PROPOSED ORDINANCE NO. 15-027 - FIRST READING - PUBLIC HEARING - Approve Ocean Breeze East (LUAR 15-003) Future Land Use Map amendment from High Density Residential (HDR) to Mixed Use (MX) Attorney Cherof read Proposed Ordinance No. 15-027 by title only, on first reading. Commissioner Fitzpatrick moved to approve the Ordinance for discussion purposes. Vice Mayor Casello seconded the motion for discussion. Mr. Rumpf noted the application process was started several months ago. The application boundaries coincide with the project area described in the Heart of Boynton Plan update. Vice Mayor Casello understood the area had to be rezoned so the project can be chosen for the 9% tax credits. Vivian Brooks, Director of the Community Redevelopment Agency (CRA) concurred. Vice Mayor Casello did not understand why privately owned property was being rezoning. Ms. Brooks explained the purpose of the plan is to encourage redevelopment of property and if the owners desire to develop the property the zoning would be in place. Or, in the event Related Group is unable to obtain the 9% tax credits, they suggested 4% may be sought with the property in question included. A representative for the private owners was present at the Planning and Development Board meeting and indicated they were interested in selling the property, but not to the CRA. The request encourages redevelopment. Vice Mayor Casello recalled the owners of the additional parcel had reneged on a previous plan for the same site because he wanted to incorporate the same property and the terms were never agreed upon. The Ocean Breeze East project does not need the additional parcel. He questioned why the property in question should be rezoned with more density that increases the value of the property. Vice Mayor Casello was upset that he was not made aware of the planned rezoning of the additional parcel of land. Mayor Taylor interjected the rezoning could be approved without the additional parcel. A Vice Mayor Casello moved the Ordinance be approved with the elimination of the Hudson Holding property or JMS property. Commissioner McCray seconded the motion. Mayor Taylor opened the issue for public hearing, Brian Edwards, 629 NE Stn Avenue, thought the plan was visionary. He suspected the same request would be made later, so why not do it now. It was the crux of the problems in District 11 redevelopment of being pieced together. Stipulations can be 12 Page 347 of 636 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL OCTOBER 6, 2015 added at this point. Vice Mayor Casello questioned why it would be appropriate to do it now and increase the property value, when it could come back in the future for acquisition by the CRA and it would be negotiated at a higher price at that time. Mr. Edwards contended the City should know what it wants to do with this entire area and that property before this project was proposed. City Clerk Prainito called the roll. The vote was 4-1 (Commissioner Merker dissenting). Attorney Cherof advised the second reading would include the suggested amendments and will need a motion to amend and then the adoption on second reading. PROPOSED ORDINANCE NO. 15-028 - FIRST READING - PUBLIC HEARING - Approving rezoning from R-3 (Multi -Family Residential District) to MU -1_2 (Mixed Use -Low Intensity 2 District) - Applicant: City -initiated at the request of CRA Attorney Cherof read Proposed Ordinance No. 15-028 by title only, on first reading. Motion Vice Mayor Casello moved to approve the Ordinance. Commissioner McCray seconded the motion. Mayor Taylor indicated the same parcel should be eliminated as in Ordinance No. 15- 027. Vice Mayor Casello amended his motion to make the distinction to eliminate the parcel previously mentioned. Commissioner McCray agreed to the amended motion. Mayor Taylor opened the issue for public hearing. No one came forward. MM City Clerk Prainito called the roll. The vote was 4-1 (Commissioner Merker dissenting). Attorney Cherof advised the amendments would be in the body of the Ordinance when it is returned for second reading. 10. CITY MANAGER'S REPORT -None 11. UNFINISHED BUSINESS - None ig Page 348 of 636 T MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL OCTOBER 6, 2015 12. NEW BUSINESS A. PROPOSED RESOLUTION NO. R15-127 - 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 Related Urban Development Group (RUDG, LLC) in association with their application for the 9% tax credit for Low Income Housing Tax Credits for the proposed development known as Ocean Breeze East and sign any related application documents to confirm such support. Commissioner McCray moved to approve Resolution R15-127. Vice Mayor Casello seconded the motion. V=_ Motion passed unanimously. B. Approve the release of land parcels owned by the CRA as approved at the CRA Board meeting on September 8, 2015. Commissioner McCray moved to approve the release of land parcels, Vice Mayor Casello seconded the motion. ZM The motion passed 4-1 (Commissioner Fitzpatrick dissenting). C. PBA Con -tract Ratifications PROPOSED RESOLUTION NO. RI5-129 - Approve and ratify the Collective Bargaining Agreement between the Palm Beach county Police Benevolent Association Police Officers & Detectives and the City. PROPOSED RESOLUTION NO. R 15-130 - Approve and ratify the Collective Bargaining Agreement between the Palm Beach County Police Benevolent Association Police Sergeants and the City. PROPOSED RESOLUTION NO. RI5-131 - Approve and ratify the Collective Bargaining Agreement between the Palm Beach County Police Benevolent Association Police Lieutenants and the City. 14 Page 349 of 636 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL Motion Vice Mayor Casello moved to approve the ratifications. Commissioner McCray seconded the motion. Vote The motion passed unanimously. D. Approve the proposal from Globeltech for $52,214.57 to conduct a structural evaluation of the clearwell vault located at the East Water Treatment Plant. This is in accordance with the approval of RFQ 017-2821-14/DJL, General Consulting Services, Scope Category A as approved by the City Commission on July 1, 2104. Colin Groff, Director of Utilities, explained a $30M project to upgrade the East Water Plant has been ongoing. There is a very large tank under the buildings. An inspection two years ago was the basis for the current construction estimate. The contractor entered the tank resulting in a change of the estimate. The tank is old and needs to be repaired. Globeltech would provide their structural opinion of the tank and the repair methods. Based on their experience with the exact same tank in other cities, it could be a savings of $1.2M to $1.4M. Delaying the project is not an option, so the item had to be added late. Commissioner McCray asked for the cost for Globeltech to inspect the tank. Mr. Groff advised it was approximately $52,000 and half of that is for x-ray surveying of the concrete and the steel. Commissioner McCray inquired if Mr. Groff was satisfied with the company and Mr. Groff replied they were reputable and had been utilized by the City previously. They have experience with the same tanks in Palm Beach County, built by the same contractor. Their repairs have been very successful. Commissioner Fitzpatrick asked if it was standard procedure to build tanks under other structures. Mr. Groff indicated it was not standard practice at this time because of the groundwater table. It would be extremely expensive to be replaced. The repairs would extend the life a minimum of 20 years with an average life span of 25 to 30 years. The concrete is failing and cracking and the steel is showing, rusted and in terrible condition. The original estimate for repair was extremely high so another estimate is being sought. The motion passed unanimously. 15 Page 350 of 636 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL OCTOBER 6, 2015 13. LEGAL A. PROPOSED ORDINANCE NO. 15-023 - SECOND READING - PUBLIC HEARING - Approve amendments to the LDR to 1) allow City -initiated requests for rezoning lands to a planned zoning district to be processed without a concurrent master plan or site plan; and 2) exempt City -initiated Future Land Use Map (FLUM) amendment and rezoning requests implementing recommendations of redevelopment plans from the full criteria -based review. Attorney Cherof read Proposed Ordinance No. 15-023 by title only on second reading. Mayor Taylor opened the issue for public hearing. No one came forward. Commissioner McCray moved to approve Ordinance 15-023 on second reading. Commissioner Merker seconded the motion. City Clerk Prainito called the roll. The vote was 5-0. B. PROPOSED ORDINANCE NO. 15-024 - SECOND READING - PUBLIC HEARING - Approve Petition to Expand Boundaries of Boynton Village Community Development District. Attorney Cherof advised there are two collateral documents that were not agreed upon and the item would need to be tabled to avoid re -advertising and extra cost to the parties. Attorney Cherof read Proposed Ordinance No. 15-024 by title only, on second reading. I J, Commissioner McCray moved to table to October 20th, 2015. Vice Mayor Casello seconded the motion. Vote The motion passed unanimously. mo Page 351 of 636 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL OCTOBER 6, 2015 C. PROPOSED RESOLUTION NO. R15-128 - Consider and act on Resolution designating the City Commissioners as the sole members of a five (5) member CRA Board. Vice Mayor Casello had originally moved to remove the civilian appointees from the Community Redevelopment Agency (CRA) Board because elected officials are held to a higher standard. It was misconstrued that he did not want citizen input. His proposal was to have a volunteer, Executive Director advisory committee to ensure the CRA maintains community accountability. It would be non-political and convened by the Executive Director and does not usurp the community's ability to participate in the CRA process. The Committee would be comprised of five or seven people who have input into the CRA's direction now and in the future. The Commission should be held accountable. Commissioner McCray concurred with Vice Mayor Casello. Commissioner McCray was taken aback when a board member for six years stated to the newspaper and to the Commission that the Commission was the leadership team rather than the policy makers. The individual had served as a Commissioner, Vice Mayor and appointed Mayor. The City Manager runs the City and Ms. Brooks runs the CRA. It was pointed out that Mr. Buchanan expressed his displeasure with the evaluations done by Vice Mayor Casello and Commissioner McCray. For a Board member to criticize another member's evaluation was inappropriate. He was evaluating Ms. Brooks and not Mr. Buchanan. Commissioner McCray based his evaluation on the comments from the citizens affected in the Heart of Boynton. He was totally in favor of a CRA advisory committee with individuals from the City with the talents to assist the community and the Commission. He wanted a broader aspect and poll the City and see what can be accomplished. Help is needed and there are citizens willing to serve. Commissioner McCray contended the 2016 election should not emphasize the CRA and Old High School because there are bigger issues to be dealt with than one or two. He would agree with a citizen advisory board, but it has to be made up with volunteers from the entire City and not just one or two people from District 11. Commissioner Merker felt it was coincidental that Mr. Hay has been a Commissioner, Mayor and on the CRA Board. There was a 4-1 vote to put Woodrow Hay back on the CRA Board when Mark Karageorge resigned. Mr. Hay should be on the Board because he has done nothing wrong. He has dignified the City simply by volunteering. Mr. Buchanan deserves the most credit because he has not run for election and volunteered for 20 years. The elected officials have to take criticism. Commissioner Merker did agree with the change in terminology from independent to advisory. Vice Mayor Casello had previously spoken in favor of an all independent board. Commissioner Merker pointed out the individuals prepared to speak have the 17 Page 352 of 636 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL OCTOBER 6, 2015 necessary credentials. Hopefully the volunteers will continue to serve the community and perhaps run for office in the future. Games were played at the last meeting and the issue should not have gotten this far. He had requested the matter be postponed from the last meeting that he could not attend. There are citizens who want to volunteer and offer their professionalism to the City. New ideas are needed. The changes of opinion disrespect the citizens of Boynton Beach. Commissioner Fitzpatrick and Mayor Taylor wanted to wait for public input before commenting. Commissioner McCray pointed out he was not running for Mayor and was already an elected official. He would accept criticism, but when an individual elected and appointed to serve does not know government, he was concerned. Challenging his evaluation was another concern. He was human and would accept constructive criticism. He asserted he does not flip flop on issues. Paula Melley, 720 Mariner's Way, referred to stories involving rape by a police officer and the sale of drugs from a police cruiser, having been publicized about Boynton Beach. The problem with the CRA and citizens on the board is the history of the City is steeped in scandal and a political machine that is outside and separate from the residents. It now appears to be a personal issue. There was a time when the CRA Board was all citizens that was fraught with scandal. Realtors were doing back -door deals and land grabbing when the CRA wanted to purchase land for development. The history is plagued with this dissention. To get rid of the two individuals at this time gives the perception that something is being done improperly before the year ends. It is hard to remove the stigma attached to the unstable situations over and over again. She urged the Commission to reconsider their decision and weigh all the available options before making the final decision. It should be good public relations for the City of Boynton Beach rather than for the individual. This is an opportunity to undo some of the prior inconsistencies and complications and keep the status quo. There is a history of obliterating boards and committees comprised of citizens that creates a pattern of ignoring the citizens. The perception is the reality. Tom McClure, President of the Boynton Intracoastal Group (BIG), asked the Commission to reconsider Resolution No. 15-128. He thanked Vice Mayor Casello for allowing others to express their concerns. Harry Woodworth, 685 NE 15th Place, President of INCA (inlet Cove Association), pointed out studies show that citizens and community leaders working together leads to high achieving municipalities. It is recognized that local people are needed to solve local problems. INCA has tried to work with the City over the years to have community engagement, improve the quality of life and the pride of living in Boynton Beach. The proposed resolution undermines the principal of citizen participation in government. In lip Page 353 of 636 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL OCTOBER 6, 2015 conjunction with the demise of the Code Compliance Board and Financial Advisory Committee, the meaningful opportunities for participation have been denied. Mr. Woodworth felt the citizens on the CRA Board have improved the communications immensely. Citizens on the board provide a non-political overview most of the time that includes local knowledge. He asked the Commission review the decision and place the interests of the City and CRA residents above the pettiness and political expediency. LuLu DeCamara, 836 East Drive, experienced the three compositions of the CRA Board; the seven -member totally independent board, five -members of the City Commission and the current mixed board with the Commission and two independent members, There will always be important issues within the CRA District that should be decided by seven members rather than five, She believed the current configuration should remain. Ozzi Leal, 166 NE 15th Place, had graduated from the Citizen Police Academy and had good feelings about the governing body and their interest in citizen participation. It keeps the residents on the pulse of the activities in the area. Mr. Leal was disappointed the two citizens were being eliminated. The participation gives a voice to the people and builds trust and provides ideas. Mark Karageorge, 240A Main Boulevard, a former CRA member, was disappointed with the decision to draft the ordinance to make it a Commission only board. The most experienced members of the CRA Board are being removed and the citizens made to feel less important. The current Commission has dissolved the Code Compliance Board, Community Relations Board, Financial Advisory Committee and the Cemetery Board, all citizen boards. Over the years the uncertainty and confusion has hurt the CRA in the past and it will in the future. When the change was made from a citizen board to a Commission board the City paid a huge price with projects not getting done, businesses leaving the City, project delays, FBI investigations and litigation involving staff. Issues have arisen due to the actions of elected officials that have brought shame to the CRA and the City. Mr. Buchanan and Mr. Karageorge were vetted in 2010 and 2011 and selected by the Commission unanimously. Mr. Buchanan has been reappointed twice. Mr. Hay filled Mr. Karageorge's unexpired term when he resigned. Mr. Hay had served 10 years on the Planning and Development Board and on the Commission as a Commissioner, Mayor, Vice Mayor and CRA Chair. Both have performed exceptionally and done what is right for the CRA and the City. Removing them from the Board is wrong and not fair. He urged the Commission to reconsider their decision, Barbara Ready, 329 SW 13th Avenue, does not reside in the CRA area; however, she has served on several committees relating to the area and attended many meetings because the CRA is part of the City she cares about. She has been a volunteer for over 30 years in various organizations and groups when the City valued its volunteers. When the Commission sits as the CRA Board each member becomes a volunteer with 19 Page 354 of 636 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL OCTOBER 6, 2015 each having the same single vote power as the other. The two citizen volunteers enable the residents to have enhanced opportunities for their concerns. Ms. Ready was concerned that recent impulsive decisions do not reflect the desires of the citizens the Commission represents. It could result in developers and investors losing trust in the City of Boynton Beach. She asked the Commission to retain the two citizen members of the CRA Board. The advisory board for the CRA was a good suggestion, but should be in addition to the two citizen board members. Dr. James DeVoursney, 2625 Lake Drive North, a homeowner in the CRA since 2009, had seen many positive things happen along the CRA corridor, especially within the last two years. The CRA and City has worked together as best they can, but there seems to be a sense of urgency to change the structure of the Board. Dr. DeVoursney had submitted an application for appointment at the expiration of Mr. Hay's appointment and was nominated by Vice Mayor Casello. The right decision was made with Mr. Hay and the continued appointment of Mr. Buchanan. There is a perception that there is transparency afforded to the citizens by having citizens serve on the CRA board as volunteers. Another perception is that the citizens of Boynton Beach do not possess the advanced cognitive functioning required to help on volunteer boards. There is also a perception that political motivation is at play. Without transparency, perception becomes reality. He was confident the elected public officials would do what is best for the City, whether it is a popular decision or not. If the rationale for excluding citizens on the CRA. board is elected officials are best suited to oversee tax dollar expenditures, then why not interview all the candidates that applied to see if others are more qualified. Brian Edward, 629 NE 9th Avenue, thanked Woodrow Hay and Buck Buchanan for their service to the City. If the desire is to remove an individual from the board it should be through a process to replace them. After years and years of fighting for an independent CRA and having to compromise with only two citizen board members, it would be a shame. The majority, minority community in the City is the CRA. The fastest growing piece of the town is in District 11, minority majority and even the crime rates, made him proud to have representation on the Board from District 11 beyond the City Commission. Many accomplishments have taken place in the CRA for District 11. The demographics of District 11 cannot be ignored. All of those individuals speaking about the CRA are white, except for one individual. There needs to be minority representation for the issue because it is that important. Someone beyond the Commission was fought for and why. It is about the ethics and oversight by the citizens on the CRA Board and two independent members should be on the CRA Board. Pastor Richard Dames, 7284 West Boynton Beach Boulevard, was born and raised in District II. It used to be called Cherry Hill. Once again there is a dark cloud hanging over the City. District 11 is on life support. Many of those who live in District 11 are sick and tired and tired of being sick of no progress happening in District II. There is a new playground installed. There are a few new homes. Businesses are needed. He 20 Page 355 of 636 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL OCTOBER 6, 2015 desired an independent CRA Board comprised of five or seven members. There is a perception that District 11 residents do not trust the Commission and obviously the Commission does not trust one another. If the City does not come together, it will continue to be divided and fall. The City needs to move forward. Ray Whitely, represented the ministry of 500 Gulfstream Boulevard, Healing Hands Ministry, speaking for himself, recognized the decision making for the City is not easy. His group prays to give the Commission the wisdom of King Solomon and the strength of David to do what is best. He would continue to pray for the elected officials of the City of Boynton Beach. Bernard Wright, 713 NW 2nd Street, was concerned with District 11 and felt nothing much has been done in the area. The Hester Park is great. Seacrest is a main thoroughfare, but there is insufficient lighting on Martin Luther King Boulevard. There are no businesses and the residents are not involved. There are pot holes and insufficient lighting around the parks, no benches, no water coolers. Mr. Livergood has added improvements, but there are other issues that require citizen intervention to get resolved. There were lines hanging from the electric poles for years. The leadership of the community has not done anything. The citizens need to be on the CRA Board because the main focus is the redevelopment of the Heart of Boynton Beach and any decision should have citizen input. The Commission, as the CRA Board, creates a conflict of interest. He felt an advisory committee would be appropriate. Margaret Newton, 701 NW 4th Street, as an American citizen, was unhappy with the many freedoms taken away from her. She wanted the Commission to understand her freedoms were important and representation by the citizenship is very important. Ms. Newton wanted the citizens to remain on the board. Sunny Garcia, 1631 NW 3rd Lane, recalled when people are asked to sign up for the CRA, people seldom show up. He agreed with Vice Mayor Casello and Commissioner McCray, but the Commission is elected officials who should make the decisions. If you cannot make a decision, Mr. Garcia contended the Commission should then step down. Herb Suss, 1711 Woodfern Drive, stressed Woodrow Hay had served the City in many areas and Mr. Buchanan had worked hard as a volunteer. Mr. Suss has served on many boards and a volunteer for many projects. He urged the Commission to listen to the public and not remove the two citizen board members. It would be a disgrace to the citizens and disrespectful to all those who have come forward. Dr. Piotr Blass, 113 W. Tara Lakes Drive, was proud to be part of Boynton Beach because the City has a heart. Removing Woodrow Hay, in his opinion, would be totally absurd because he is the conscience of the City. Dr. Blass felt the two citizen members should be restored and an apology offered. There is a difficult area that needs to be 21 Page 356 of 636 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL OCTOBER 6, 2015 improved. He suggested the membership on the board be increased to 11 members including people from the Heart of Boynton. Jonathan Porges, President and CEO of the Greater Boynton Beach Chamber of Commerce, offered a prepared statement that supports a strong, independent Community Redevelopment Agency Board, It would be best for the development community. While working toward that goal, a hybrid board made up of the elected Commission and two appointed members should remain in place for stability while striving for a fully independent board. No one else coming forward, Mayor Taylor closed public comment. Commissioner McCray listened to the public and indicated he voted to put Woodrow Hay on the CRA Board as a fill-in. He immediately received public opinion against his action. Commissioner McCray advised he lives on the west side of the tracks and appreciates INCA, When there was a vote to take Mr. Hay off the board, he immediately received feedback that it was the best decision that could be made. Those remarks were from his fellow African-Americans. He listened to what everybody says and he represents a diverse group of people. He attends St. John Missionary Baptist Church and parishioners advised him not to do it again. Commissioner Fitzpatrick had three points. He liked the two citizen board members as a way to get outside expertise and as good training ground for civic participation. If the two citizen members are removed, it would add support to his feeling the CRA spending is skewed to buy land high and give it away. Commissioner McCray is the strongest proponent for Heart of Boynton projects and fully supported by Board Members Hay and Buchanan. Their removal would sway the support closer to Commissioner Fitzpatrick's idea of fiscal responsibility. If the hybrid system survives, he agreed with the concept, as long as the members have term limits and the selection process should be more transparent. Vice Mayor Casello heard more voices and participation. His proposal included expanding, in an advisory capacity, with a CRA Advisory Board having five or seven members, with equal input. The politics should be removed. The system is political and it is not an easy decision. The original appointed members have been recycled. Other names were proposed that were not supported. Different views and insights just do not happen. The elected officials have term limits. Vice Mayor Casello wanted to make the board more diverse and get more people involved with the politics removed. If people are concerned about District 11, they will volunteer and put honest effort into their decisions. The elected officials will listen. He stood by his original motion with an amendment to add an advisory board with the number to be determined, Commissioner Merker contended what was being said was a contradiction. He wanted a five -member board with independent citizens, the Mayor and a Commissioner on the RA Page 357 of 636 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL OCTOBER 6, 2015 board. Commissioner Merker argued the issue was not handled properly at the last meeting when there should have been discussion to have an independent board. To dismantle Woodrow Hay and Buck Buchanan is a disgrace to the City and should not have been brought up as an issue. He hoped the discussion would start over and the people told the entire truth. Mayor Taylor commented on citizen involvement that is extremely important. Contrary to the prior comments, there are at least 12 boards and eight openings on the boards without applicants. He appreciated the boards, read the minutes and listened to the citizen input. The Financial Advisory Committee was dissolved because it was a duplication of staff's efforts. The Cemetery Board was dissolved because the Cemetery is sold out. The Code Compliance cases are now processed using a Special Magistrate making it much more efficient for the City. The board members were urged to apply for other board openings. As far as Woodrow Hay and Buck Buchanan, they were Mayor Taylor's close friends and did incredible work with fantastic input and judgment. Decisions have to be made on what is best for the community and not the individuals sifting on the board. The last meeting discussion related to changing the board to the five elected officials and do away with the two citizen volunteers. The current request is to keep the CRA board as the five Commissioners, but create a citizen board of five or seven members with their input going to the CRA Board. Many who have spoken would do well on the advisory board for the CRA. It may even be a pre -cursor to an entirely independent board. Mayor Taylor felt it was a big decision and the City needs to continue to move forward. With more citizen input the decisions may be even better for the community. Z =. Vice Mayor Casello recapped the original motion was to eliminate the two board members and amend it to form an independent CRA advisory board, a number to be determined at some point. Commissioner McCray seconded the motion. Commissioner Merker argued the intent of the motion would reduce the citizenship brain. It in essence allows the current board to re-evaluate the citizens to serve on the board and it is a disgrace. The CRA Board should be kept independent with willing volunteers. The proposed advisory board is an escape, a means of keeping political power. Commissioner Fitzpatrick wanted clarification if the motion had anything to do with the resolution and if it does, additional language would be needed. Attorney Cherof advised it should be two motions. One would be related to the resolution referring to the 23 Page 358 of 636 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL OCTOBER 6, 2015 removal of the two appointees and back to the five -member Commission. The second motion would be to form an advisory board to the CRA to be returned to the Commission for the appointments, Mayor Taylor summarized the first motion would be to approve the Proposed Resolution No. R15-128 designating the Commissioners as the sole members of the five -member CRA Board. Vice Mayor Casello so moved, Commissioner McCray seconded the motion. Vote The motion passed 3-2 (Commissioners Merker and Fitzpatrick dissenting). Motion Vice Mayor Casello moved to form an advisory board to direct the CRA. The number would be either five or seven members as an independent advisory board. Commissioner McCray seconded the motion. There was agreement to change the motion to seven members, 9M The motion passed 4-1 (Commissioner Merker dissenting). Commissioner Merker was opposed because it weakened the volunteer citizenry of the City of Boynton Beach. 14. FUTURE AGENDA ITEMS - None 15. ADJOURNMENT There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 9:04 p.m. (Continued on next page.) RM Page 359 of 636 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL OCTOBER 6, 2015 FA'l in *4 Janet M. Prainito, MMC City Clerk ith A. Pyle, CMW eputy City Clerk 25 161 "W61 my 06p k W161 lk 1 .9 W-AT61 0 Jerry Taylor, Mayor Joe Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner Page 360 of 636 M CONSENT AGENDA 10/20/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/20/2015 REQUESTED ACTION BY COMMISSION: Accept the written report to the Commission for purchases over $10,000 for the month of September 2015. 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 2015: Purchase Order Vendor Amount 151268 Kaman $ 20,947.61 151298 GAI Consultants $ 13,500.00 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager. FISCAL IMPACT: 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 361 of 636 Is this a grant? No Grant Amount: ATTACHMENTS: Type Attachment REVIEWERS: Department Finance Finance City Manager Description Page 362 of 636 Purchases Over 10K Backup Reviewer Action Date Howard, Tim Approved 10/1412015 - 10:23 AM Howard, Tim Approved 10/1412015 - 10:23 AM LaVerriere, Lori Approved 101151201 - 3:20 PPA Page 362 of 636 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 r it FOR SEPTEMBER 2015 1. Vendor: Kaman Purchase Amount: Requesting Department: Utilities Contact Person: Colin Groff Date: 9/2/15 Brief Description of Purchase: Repair of pumps at lift stations 601, 414, 922, 511 and 808. 111111119�= Contact Person: Colin Groff Date: 9/21/15 L, Mx* Brief Description of Purchase: GAI Consultants Task Order #U-1 C-03 for professional engineering services will provide preparation of a Financial Due Diligence Evaluation. Three scenarios will be evaluated: 1) utilization of exisitng Manalapan rates; 2) complete conversion of the City's rates; 3) utilization of the sale price of the utility to reduce the exisitng debt of the service. GAI consultants was approved under the General Consulting Services Agreement, approved by City Commission on July 1, 2014, RFQ #017- 2821-14/DJL. Page 363 of 636 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 151268 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 09/02/15 VENDOR 13536 TO: KAMAN PO BOX 402847 ATLANTA, GA 30384 SHIP TO: City of Boynton Beach EAST UTILITY ADMIN 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 ..PUMP REPAIRS FOR LS 601, 414, 511 80:8, QUOTE 'Sc# .76354-00 97692-00.: 97265-00 .:.972.55-00 ..97.226-00 SOLR..S.OURCE VENDOR PROCUREMENT SERVICES: 4f �5AI�4jv P.O. TOTAL: 20947.61 ACCOUNT NO. PROJECT 401-2816-536.46-51 1 1 PURCHASING Page 364 of 636 EXTENDED LINE# QUANTITY UO M ITEM NO. AND DESCRIPTION UNIT COST COST 1 1.00 EA WILD PUMP REPAIR FOR LIFT STATION 1830.4700 1830.47 601 2 1.00 EA WILO PUMP REPAIR FOR LIFT. -STATION 2762.2400 2762.24 414 3 1.00 EA WILD PUMPREPAIR 1.OHP PUMP LIFT..: 4202.4400 4202.44 STATION 922 4 1.00 EA WILO.PUMP R.EPAIR..25HP PUMP LIFT. 665.2 0000 6652.00 STATION: 511 5 1.00 EA WI:LO:PUMP REPAIR 20HP PUMP LIFT 55.00.4600 5500.46 STATION 808 ..PUMP REPAIRS FOR LS 601, 414, 511 80:8, QUOTE 'Sc# .76354-00 97692-00.: 97265-00 .:.972.55-00 ..97.226-00 SOLR..S.OURCE VENDOR PROCUREMENT SERVICES: 4f �5AI�4jv P.O. TOTAL: 20947.61 ACCOUNT NO. PROJECT 401-2816-536.46-51 1 1 PURCHASING Page 364 of 636 Ln Ln O lD W N N M m m z W W a � E -i a q A a >+ 0 P4 q Z C4 W N 5 H o-1 W q 9 C7 z LZ -a p as +� 0y E+ Aa H Ui H H H q H F -I H H CO O W r it co va O W Ln +L w Z in NO o o d W O N N N 0 Eq (v) rIj r Ln . d 0 w CD EA H N w n • • • dl W Ln 0 m • • m 0 134 04 M •- 0 00 W 0 P4 E-1 14 In C4 rA O 9 C7 z LZ -a p as +� 0y E+ Aa H Ui H H H q H F -I H H CO O W r v va O W H �r N o o d W O N N N 0 r - (v) W 0 Ln 0 d m r N w Ln m ri N dl W Ln 0 m w m m m ON N 0 0 0 0 0 H H O 0 O 0 O a r d <r 0 W v N v 0 <N H M v an H O N N N O H M ID O Ln O -1 N v l0 Ln O H H H 9 W < ^M W W W W w a W a O O O O O O O O O O H H H H ri Hr v w o w H d N �! o w eo 00 N N N 0 r M LD O N 0 v m r N W Ln m ri N vo Lo Ln o to l0 l0 H H N 1 0 o OO O O O O 0 O O 0 0 O O 0 O 0 O 0 1 e -i v -i H H e -i 1 I 6 1 1 Z 1 K� 8 O I P H I i H i 8 wa 7 1 i� I H 10 U 17 O Z a a 1 H r t H 'z I 1� 0 U a a a a a I ct] cr1 u] V1 N u] v) v2 V] U1 I ZaZa�aaZ�a PZHZHZPZHZ ZOZOZOZOZO H H H H H H H H H H Wv]aUiacnavlavl aH9H14EH 01 CTd IQTd QI CWQ W H W H W H W H W H w0P4 4C4s49egrx 9 .a ri H Ln Ln us Ln Ln ea en io to � rL r7 m rt r+1 Ln Ln Ln In lP1 H L9 w to l0 l0 H H H ri e -i m w m m m ON ry rq ri H H H UO O 0 O O W °ZH N M v an H >a I W "✓>4 U ul H �1 H W a a ri U W H z H enn H z 0 H H H u� H Ol W a b .{ t IL Page 365 of 636 D. 20 -Aug -15 11!11 1� ;11�1111 11 11 71 117 11��11111 111111111111 11!� for Purchase: Pumps at the following Lift Stations need repair. They will be used at Lift Stations #601, 414,.922, 511 and 808. These Lift Stations need to repair pumps. soon before there is a major propblem at lone of the Lift Stations. Recommended Vendor K4-mgAl - -------------------------- - --- - --- - --------- Dollar Amount of Purchase $20,947.61 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 contract. Fund Source for Purchase: 401-2816-536-46-51 r.'"' g 0 �- • �' ME MM Page 366 of 636 H.T.E. ENTRY DATE: 8/20/2015 H.T.E. RE(tUISITION # Fund. -Dept Basic Procurement Asst: VENDOR INFORMATION: L :lPirect r: 1 A C ital and/or $5000 Name: Florida Bearings, Inc. REASON FOR PURCHASE: Pump repairs for Lift Stations # 601,414,922,511 and 808. Unit Price . Description & Part Number Fund. -Dept Basic Elern VENDOR INFORMATION: L Amount 1 OTHER INFORMATION: Name: Florida Bearings, Inc. Date: 8/19/2015 Address: 3520 Investment Lane #3 1 2762.24 ea Date Needed: 8/26/2015 Riviera Beach, F1 33404 Cust. Rel. D stribution BACKUP DOCS. SUBMITTED: Quotes/Verbal (over $500) ASAP/Conf DELIVERY: E. Admin. 40 (x Phone (contact): Mike McInnis Water Qual. 561-963-3261) Quotes/Written W (over $2000) Vendor Number: 1083 1 6652.00 ea Bid Docs. W. WTP 42 Meter Serv. Sole Source Ltr. (X) 6652.00 INITIATOR: Jim Hart ENV F 5500.46 ea EMU pump- repair for 20Hp pump for Lift Station # 808 Insurance Requirements: SNAPs/G SA/Piggy-back Special Instructions: i1roject Number: SWR075 Ji Quan. Unit Price . Description & Part Number Fund. -Dept Basic Elern Obj Amount 1 1830.47 ea EMU pump – repair for Lift Station # 601 1830.47 1 2762.24 ea EMU pump – repair for 2 pump for Lift Station # 414 2762.24 1 4202.44 ea EMU pump – repair for I OHp pump for Lift Station # 922 4202.44 1 6652.00 ea EMU pump – repair for 25 Hp pump for Lift Station # 511 6652.00 1 5500.46 ea EMU pump- repair for 20Hp pump for Lift Station # 808 1 5500.46 TOTAL 401 2816 536 46 51 20,947.61 T-7 Page 367 of 636 The City of Boynton Beach Utifides Deparonent 124E Wooffifight Road Phone (561) 742-6400 FAX. (561742-6298 QUOTATIONS ITEMS REQUESTED: EMU pump repairs VENDOR # 1: 1) z s I/ Iq d DATE: 8/19/2015 CONTACT PERSON: Mike McInnis PHONE NUMBER: 561-863-3260 QUOTE: $20,947.61. VENDOR#2: DATE: CONTACT PERSON: PHONE NUMBER - QUOTE: VENDOR #3: DATE: CONTACT PERSON: PHONE NUMBER - QUOTE: Page 368 of 636 FgX- JA, 76354-00 08/05115 Mike McInnis 6007 NET 30v - City Of Boynton Reach 100 E Boynton Beach Blvd '4PO Box 310 ..—�IBoynton Beach, EL 33435-3838 US-United States I'll 1 1110 lin WTz Florida Bearing Riviera Beach Investment Lane, Unit 3 13320 Branch # 1104 Riviera Beach, Fl. 33404 (S61)863-3260 City Of Boynton Beach 100 H Boynton Beach Blvd PO Box 310 Boynton Beach, FL 33435-3838 US -United States 76354-00 08/05115 Mike McInnis 6007 NET 30v - City Of Boynton Reach 100 E Boynton Beach Blvd '4PO Box 310 ..—�IBoynton Beach, EL 33435-3838 US-United States I'll 1 1110 lin WTz 10YI-NNI'll! ana Liescliption -11,rocluer �R076354 WILO PUMP REPAIR LS 601 > Disassemble, clean& inspect all parts. > Replace all bearings.scals,new power cable & grommet > Balance impeller & replace wear rings > Reassemble & check - -------------- I Lines Total TrFMIMUM. Sub -Total 7830.47 Ouore Total 1830.47 For a copy of our terms and conditions of sale and purchase please select: bttp://ec.kamandirect.com/content[tc.pff Page 1 of 1 Customer Copy Page 369 of 636 Palm Bch Brd Of County Coisi Facilities Mgmt 205 North Dixie Hivy mm WEST PALM BEACH, FL 33401 US -United States . M.-Ii.-ARWrai R097692 302459 _77 77 Florida Rearing Riviera Beach LnQuote Non -Cancel -lei ftrWse P*e 11nir Net. # Quantity Product and Description Palm Bch Brd Of Cnty Comm UIM PO Box 4036 ulm "West Palm Beach, FL 33402-4036 Qv'n'r I Lim US -United States Palm Bch Brd Of County Coisi Facilities Mgmt 205 North Dixie Hivy mm WEST PALM BEACH, FL 33401 US -United States Lines Total Qty Quote Total I MaUEM M�I � For a copy of our terms and conditions of sale and purchase please select. http://ec.kamandirect.com/content/te.pdf Page 1 of 1 Customer Copy U� Page 370 of 636 . M.-Ii.-ARWrai R097692 302459 _77 77 Florida Rearing Riviera Beach LnQuote Non -Cancel Ory ftrWse P*e 11nir Net. # Quantity Product and Description Non -Return UIM Date' ulm Pd&e.4 Qv'n'r I R097692 each 08/31/15 each 2762.24 2762.24 FA 10.64-245 FK2024/22 sed 2700650150703 20HP LS#4141 #2 > Disassemble,clean. inspect >Bake motor.replace cable,install new cable protector. • repalce cable grommet oil grommet,t-board. • all bearings,scals, • reassemble & test Lines Total Qty Quote Total I MaUEM M�I � For a copy of our terms and conditions of sale and purchase please select. http://ec.kamandirect.com/content/te.pdf Page 1 of 1 Customer Copy U� Page 370 of 636 rzowm M a fro F, ma* = Florida Bearing Riviera Beach .Car eMsp....q.n46- 3520 Investment Lane, Unit 3 1 Branch # 1104 Riviera Beach, FL 33404 (561)863-3260 City Of Boynton Beach 1061 E Boynton Beach Blvd PO Box 310 Boynton Beach, FL 33435-3838 r US U u e it d States City Of Boynton Beach 100 E Boynton Beach Blvd 'PO Box 310 IBoy,to, Beach, FL 3343.5-3838 MEM= Majam For a copy of our terms and conditions of sale and purchase please select: http://ee.kamandirect.com/content/te.pdf of 1 Customer Copy Lw= Page 371 of 636 R69-7269 302455 . ..... . ..... Florida Bearing Riviera Beach Ln Quote Non -Cancel Qty Promise Price unit Not # Quantity Product and Description Non -Return UIM Date U/M Rive Amount 1097269 each 08/28/15 each 4202.44 4202.44 FA 10.33-2231 FK 17.14/1 SER # 650050193 10HP 230 LS# 922 • Disassemble.clean.inspect.Rewind motor,replace all • bearings,seals,replace cable & grommets,machine • shaft.balance impeller reassemble & check Majam For a copy of our terms and conditions of sale and purchase please select: http://ee.kamandirect.com/content/te.pdf of 1 Customer Copy Lw= Page 371 of 636 Mal ids Bearing Riviera Beach 3520 Investment Lane, Unit 3 ]'o• ....... Branch 0 1104 Riviera Beach, FL 33404 (561)863-3260 City Of Boynton Beach 100 E Boynton Beach Blvd PO Box 310 Boynton ton Beach, Fl, 33435-3838 US -United States �@_Iij 1 [0111 41 I LFffwo I vial city wuuw I oral For a copy of our terms and conditions of sale and purchase please select: http://MkamandireeLcom/content/tc.pdf Page 1 of I Customer Copy Page 372 of 636 R097238 302454 . ..... Florida Bearigg.KiviSra Beach 1 Of Boynton Beach 100 E Boynton Beach Blvd -,-1-1_1 - FSIIO�p PO Box 310 Boynton Beach, FL 3343"838 JUS -United States I LFffwo I vial city wuuw I oral For a copy of our terms and conditions of sale and purchase please select: http://MkamandireeLcom/content/tc.pdf Page 1 of I Customer Copy Page 372 of 636 R097238 302454 . ..... Florida Bearigg.KiviSra Beach I LFffwo I vial city wuuw I oral For a copy of our terms and conditions of sale and purchase please select: http://MkamandireeLcom/content/tc.pdf Page 1 of I Customer Copy Page 372 of 636 7 Rik, 4411�!111 wolilAIT1011WIT" Sub -Total 66002 Quote Total 6500. For a copy of our terms and conditions of sale and purchase please select- http:/Iec.kamandirect.com/content/tc.pff Page I of 1 Customer Copy Page 373 of 636 Florida Bearing Riviera Beach 3 52 0 Investment Lane, Unit 3 f7p7m6 fa Branch# 1104 Riviera Beach, FL 33404 (561)863 -3260 Product and Desctiption City Of Boynton Beach -.City Of Boynton Beach 100 E Boynton Beach Blvd 100 E Boynton Beach Blvd 11*97226 PO Box 310 PO Box 310 Boynton Beach, FL 3343S-3838 Boynton Beach, FL 33435-3838 iUS-United I-- States — -- ---------- US -United States Sub -Total 66002 Quote Total 6500. For a copy of our terms and conditions of sale and purchase please select- http:/Iec.kamandirect.com/content/tc.pff Page I of 1 Customer Copy Page 373 of 636 R097226 1302453 f7p7m6 fa Product and Desctiption 11*97226 FAI02-246 / FK202-4/22 SER# 494258 20HP 230V LS # SOB >Disassemble,clean,inspect,rewind motor >replace cable,trumpet.repaice all bearings,scals, >oil return line,screwed connector,wear rings, > Machine shaft balance, impeller reassemble & test Sub -Total 66002 Quote Total 6500. For a copy of our terms and conditions of sale and purchase please select- http:/Iec.kamandirect.com/content/tc.pff Page I of 1 Customer Copy Page 373 of 636 WILCO USA LLC, 86 Genesis Parkway, Thomasville, GA 31792 This letter confirms that Florida Bearings, a division of Kaman Industrial Technologies, is the sole and exclusi.ve contracted sales representative for •, USA, LLC (formally known as Davis -EMU • WILO-EMU) wastewater pump and mixer sales, and service, • the state FL with the exception of Jefferson • and all • west • Jefferson County. Wilo USA, LLC, a subsidiary of Wilo' SE, is the sole provider in the United State of pump and mixers manufactured under the Wilo brand. Please note that all Wilo Warranties and Operations and Maintenance Manuals require the use of genuine Wilo components in order for the warranties to be valid and ensure proper operation. Should you have any questions, please contact me via email harold.adamsC@wilo-usa.com or (229) 200-1145. National Sales Manager - Water Management Wilo USA, LLC, 2.27.2014 Page 374 of 636 kyl a PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 151298 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 09/21/15 TO: GAI CONSULTANTS 618 EAST SOUTH STREET SUITE 700 ORLANDO, FL 32801 SAIP TO: City of Boynton Beach EAST UTILITY ADMIN 124 E. WOOLBRIGHT ROAD MOYNTON BEACH, FL 33435 REQUISITION NO. 64853 !NQUIRI ES REGA'1461Nd U HJ SE R6iR "CAS EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 13500.00 DL PROFESSIONAL ENGINEERING SERVICES 1.0000 13500.00 TO PREPARE a financial due diligence for the Manalapan Water Utility. The Evaluation includes the utilization existing m . alnalapan rates; cowplete< conversion to the City'Rates; :and utilizing the sale price of the, utility to reduce the existing debt, of th;& system and the pr..e paration report 1.ftter. REMARKS: T..ASK ORDER U -IC -03 COMMISSION APPROVED 7/1/14 RFQ #017 '_' .?02' 1 14 DJL SEE ATTACHED PkoPbsAL DATED 8/25/15 GAI. PROJECT N6;,, A132321.02 PROCUREMENT SERVICES: I n P.O. TOTAL: 13500.00 ------- AZ;Zwop ACCOUNT NO. PROJECT 401-2821-536.31-90 PURCHASING Page 375 of 636 Ln u) H H 0 v N H N 431 m CL `rH c m 2 C4 W 0 H U) n H ril z to W WO W NU of N 0 P 0 P R HH e4 H m Ln �D 0 OD w W v z 0 0 0 0 0 H 0 r-4 04 M 04 OD U) Z .4 E-4 Ln 0 4 z 0 OH pod 04 04 m P< z 0 H 0 0 001 M 14 E-1 a U Z ::j M r4 AF 0 IA E-1 ra Z ta 0 0 0 H m �) U3 w U) 11 I I r -i I I �4 a) rl 0 4J 0 is 144 fd _1 0 a) 3: -1-) r. 4 rA (d 0 0) 4J I NIX I E-4 0 0 Bo C� 00 0 I 0 0 Ln Ln rq fn li H I u a 9 0 Page 376 of 636 Date: 10 -Sep -15 IGAI Consultans Task Order #U-1 C-03 for professional engineering services will provide preparation of a Financial Due Diligence Evaluation. Three scenarios will be evaluated: 1) utilization of existing iManalapan rates; 2) complete conversion of the City's rates; and, 3) utililization of the sale price of �the utility to reduce the existing debt of the service. GAI Consultants was approved under the General Consulting Services Agreement, approved by City Commission on July 1, 2014, RFQ #01711 2821-14/DJL. I Recommended Vendor 15148 GAI Consultants Dollar Amount of Purchase $13,500.00 'Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDEMESPECT SNAPS Sole Source Piggy -Back Budgeted Item Emergency Purchase Other Contract Number: TASK ORDER# U-1 C-03 NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. iFund Source for Purchase: -7 Account # 401-2821-536-31-90 P,pprovals: NMM��E M710=0 Form Revised 02/01/02 Date it Date Date 0 =0 Page 377 of 636 H.T.E. ENTRY ILT.E. REQUISITION h Procurement Asst: Sm 1irector: —i -]I= City Manager (non bulgeted— _qqphal and/or $5000+) - REASON FOR PURCHASE: GAI Consultants Task Order #U-1 C-03, performance of professional engineering services to prepare a Financial Due Diligence Evaluation that includes the utilization the of existing Manalapan Ra conversion to the City Rates; utilize the Sale Price of the utility to reduce the existing debt of the system and preparation of letter report. GAI Consultants approved under General Consulting Services Agreement for Professional Engineering Services was Approved by City Commission on July 1, 2014, RFQ #017-2821-14/DJL VENDOR INFORMATION: OTHER INFORMATION: Name: GAI Consultants Date: 9-11-2015 Address: 2255 Glades Road 0111-1:9011 M . . ........................ Date Needed: 9-18-2015 Confirm. Suite 324A Cust. Rel. ASAP/Conf. Boca Raton, FL 33431 1 11istribution BACKUP DOCS. DELIVERY: SUBMITTED: Quotes/Verbal E. Admin. 40 (X) Phone (contact). Watert-lual, Jules J. Ameno, Jr., P.E. (over $500) Senior Engineering Manager 401 j,&rT&aq@X6kL2q-0-ffl A801--com . .......................................... 536 Phone: 561-988-2611 Pumping 1 QuotesNVriffein t Fax: 561-997-9392 _Lover $2000) © Vendor Number 16148 W Bid Docs. Meter Se ary Sole Source Ltr. Insurance Special Instructions: a M IMITMn- Requirements: Project Number: Quan. Unit Description & Part Number Fund -Dept 7 -Basic Elem Obj Amount Price 13,500.00 $1.00 Prepare a Financial Due Diligence Evaluation for the Manalapan Water Utility 401 2821 536 31 90 $13,500.00 Total I $13,500.00 Page 378 of 636 gai consultants transforming Ideas into realitye Ajffgm• l Mr. Michael R.T. Low City of Boynton Beach 124 E. Woolbright Road Tx�ffhll-R—'R� , 13ATS Proposal for Professional Services Contract 017-1728-14 Task U-lC-)O( T'W 7 Per our discussion, GAI Consultants, Inc. (GAI) is submitting this Proposal to the City of Boynton Beach (City) for the performance of the professional services described below for professional engineering services to prepare a Financial Due Diligence for the Manalapan Water Utility. This proposal is based on preparing a Financial due diligence in the evaluation of three scenarios as follows: Utilization the Existing Manalapan Rates; complete conversion to the City of Boynton Beach Rates; and utilizing the sale price of the utility to reduce the existing debt of the system(Task 1). �etter report preparation (Task 2). The estimate for all of the various activities are shown in the attachment combining to an overall technical services cost of $13,500.00. Sincerely, GAI Consulttants, Inc. rrI - Jules 3. Ameno, Senior Engineering Manager 11 1''' 1! "1 Rlr. , 1, 11 IF111111 111 91111 Page 379 of 636 Mr. Michael R.T. Low August 25,2015 GAI Project No. A132321.02 ® 2014 GAI Consultants, Inc. transforming Ideas Into realitye Page 380 of 636 Page 381 of 636 6.J. CONSENT AGENDA 10/20/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/20/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15-134 - Approve Amendment #1 to the Agreement between the City of Boynton Beach and Boynton Beach Faith -Based Community Development Corporation for $120,000 of funding from the Heart of Boynton Beach -Model Block Project Activity that was adopted on August 4, 2015 as part of the Community Development Block Grant (CDBG) One Year Action Plan for fiscal year 2015/2016. EXPLANATION OF REQUEST: On October 21St, 2014 the City Commission approved resolution R14-107 a purchase and development agreement with the Boynton Beach Faith -Based Community Development Corporation to convey four lots within the Heart of Boynton to provide affordable homes for income eligible first time homebuyers. On May 5th, 2015 the City Commission approved resolution R15-046 an amendment to the purchase and development agreement with the Boynton Beach Faith -Based Community Development Corporation to change two of the lots conveyed via resolution R14-107. On June 2nd, 2015 the City Commission approved resolution R15-086 for funding activities in preparation for the City of Boynton Beach's one year action plan for FY 2015/2016 based on the recommendations of the Community Development Block Grant review committee. As part of the one year approved action plan adopted on August 4, 2015, $150,000 was allocated to the Heart of Boynton Model Block Project. Staff requests an amendment to the CDBG contract executed between the City and the CDC to include $120,000 of these funds from this activity to be used to offset the costs resulting from upgraded design, landscaping, and security features at the request of City Staff for the our (4) homes being constructed on the lots the City previously conveyed. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The delivery of high quality aesthetically properties in the target area. FISCAL IMPACT: Budgeted This item is budgeted as part of the City's anticipated $472,711 dollar allocation under the 2015/2016 Community Development Block Grant. Additionally the Community Improvement Division in cooperation with HUD is trying to closeout four of five open activities by meeting the national objective of home ownership. If the City is unsuccessful in the closing out of the four activities (ID# 44, 89, 101, and 103); HUD could potentially demand repayment of the previously expended funds in the amount of $457,100 dollars. ALTERNATIVES: Do not amend the agreement between the City and the Boynton Beach Faith -Based Community Development Corporation. STRATEGIC PLAN: Great Neighborhoods: Safe, Affordable and Livable STRATEGIC PLAN APPLICATION: 2015-2016 Strategic Plan Action Item 1.5 Model Block Development Page 382 of 636 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Yes Grant Amount: ATTACHMENTS: Type D Resolution D Amendment D Resolution REVIEWERS: Department Reviewer Community Improvement Octavia, Sherrod Development Mack, Andrew Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description Resolution approving Amendment No, 1 to Contract with Boynton Beach Faith Based CDC 1 st Amendment to BB CDC Agreement R15-066 Action Date Approved 10/13/2015 - 4:54 IIIA Approved 10/14/2015 - 5:11 IIIA Approved 10115/201 - 10:08 AM Approved 10/16/2016 - 3:49 IIIA Approved 10/16/2016 - 1:30 IIIA Page 383 of 636 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 R15 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION FOR $120,000 OF FUNDING FROM THE HEART OF BOYNTON BEACH MODEL BLOCK PROJECT ACTIVITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 21, 2014 the City Commission approved a Purchase and Development Agreement with the Boynton Beach Faith -Based Community Development Corporation to convey four lots within the Heart of Boynton to provide affordable homes for income eligible first time homebuyers; and WHEREAS, on May 5° 2015 the City Commission approved an amendment to the Purchase and Development Agreement with the Boynton Beach Faith -Based Community Development Corporation to change two of the lots conveyed in the October, 2014 Agreement; and WHEREAS, as part of the one year approved action plan adopted on August 4, 2015, $150,000 was allocated to the Heart of Boynton Model Block Project and staff is requesting an amendment to the CDBG contract with the Boynton Beach Faith Based Community Development Corporation to include $120,000 of these funds from this activity to be used to offset the costs resulting from upgraded design, landscaping, and security features at the request of City Staff for the four (4) homes being constructed on the lots. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\63644A5B-D215-4519-A751-E639C4A2DAF7\Boynton Beach. 2129.1. First Amendment of Agreement with BBFBCDC Reso.doc Page 384 of 636 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption 30 hereof. 31 Section 2. The City Commission of the City of Boynton Beach, Florida does 32 hereby approve Amendment No. 1 to the Agreement between the City of Boynton Beach and 33 the Boynton Beach Faith -Based Community Development Corporation for $120,000 of 34 funding from the Heart of Boynton Beach Model Block Project activity, a copy of which is 35 attached hereto and made a part hereof as Exhibit "A". 36 Section 3. The Mayor is authorized to sign Amendment No. 1 to the Agreement 37 between the City of Boynton Beach and the Boynton Beach Faith -Based Community 38 Development Corporation. 39 Section 4. This Resolution will become effective immediately upon passage. 40 PASSED AND ADOPTED this day of , 2015. 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\63644A5B-D215-4519-A751-E639C4A2DAF7\Boynton Beach. 2129.1. First Amendment of Agreement with BBFBCDC Reso.doc Page 385 of 636 62 63 64 (Corporate Seal) 65 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\63644A5B-D215-4519-A751-E639C4A2DAF7\Boynton Beach. 2129.1.First Amendment of Agreement with BBFBCDC Reso.doc Page 386 of 636 FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION The Agreement made and entered into as of October 1st, 2015, approved by City of Boynton Beach Resolution R15-086, by and between THE CITY OF BOYNTON BEACH, a political subdivision of the State of Florida, (hereinafter "CITY") and BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION (hereinafter "THE AGENCY"), having an address of 2191 N. Seacrest Blvd. , Boynton Beach, Florida, 33435, is to amend EXHIBIT "A" as follows: 1. The City Agrees to reimburse the Agency for the following budget items: Construction Costs - Heart of Boynton Model Block Project....... $120,000.00 SIGNATURES ON FOLLOWING PAGE 1 Page 387 of 636 IN WITNESS WHEREOF, the Parties have executed this agreement as of the Effective date. PURCHASER SELLER Boynton Beach Faith -Based Community City of Boynton Beach Development Corporation SIGNATURE Courtney Cain PRINT NAME President TITLE DATE WITNESS SIGNATURE PRINT NAME Approved as to form and legal sufficiency: CITY ATTORNEY SIGNATURE Jerry Taylor PRINT NAME Mayor TITLE DATE WITNESS SIGNATURE PRINT NAME 2 Page 388 of 636 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 R15-086 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING THE CITY OF BOYNTON BEACH'S COMMUNITY DEVELOPMENT BLOCK GRANT ONE YEAR ACTION PLAN FOR FISCAL YEAR 2015/2016 AND THE CONTRACTS FOR THE SUB -GRANTEES TO REFLECT THE PROPOSED EXPENDITURES; AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENTS WITH THE SUB -GRANTEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach is in its nineteenth year of receiving Federal Grant Funds: and WHEREAS, the One Year Action Plan has been developed with the activities recommended and approved by the City Commission at their June 2, 2015 meeting; and WHEREAS, approval of the One Year Action Plan will fund services to the community that are eligible under the CDBG program and provided to our community by various organizations. 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 adoption of the City of Boynton Beach's Community Development Block Grant (CDBG) One Year Action Plan for fiscal year 2015/16 and the contracts for sub - grantees to reflect the proposed expenditures, a copy of which is attached hereto. C:AUsers\pylejAAppData\Local\Microsoft\Windows\Temporary Internet Plles\COntent_IE5\E037NK33\Reno-- CD13G One -Year-Act ionPlan2015-16.doc Page 389 of 6: 1` 2 3 11 4 5 6 7 8 9 10 12 13 E 14 15 16 17 18 I 19 20 1 21 € 22 1 23 24 1 25 26 I 29 30 31 32 33 G Section 3. The City Manager is authorized to sign the Agreements between the I I City of Boynton Beach and the sub -grantees. Section 4. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this day of �rh �,�.��.,._ � , 2015. r� CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray_ Commissioner — Michael M. Fitzpatrick VOTE' AT TEST: l i f -"4 7et M. Frain of MMC City Clerk (Corporate Seal) CM Isers\pylejAAppData\Local\Microsoft\Windows\Temporary Internet [' iles\Content 1135\E037NK33\Reso._- CDBG One Year Action 4'lan 2015-16.doc Page 390 of 6 AGREEMENT BETWEEN THE CITY OF BOY'NTON BEACH AND AID TO VICTIMS OF DOMESTIC ABUSE, INC. Q�� THIS AGREEMENT, entered into this 'K day of 2015, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and AID TO VICTIMS OF DOMESTIC ABUSE, INC., a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at Post Office Box 6161, Delray Beach, Florida 33482 and its Federal Tax Identification Number as 59-2486620. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and AID TO VICTIMS OF DOMESTIC ABUSE, INC. desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage AID TO VICTIMS OF DOMESTIC ABUSE, INC. to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINITION AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CID" means Community Improvement Division 4) 'The Agency" means AID TO VICTIMS OF DOMESTIC ABUSE, INC. Page 1 of 17 Page 391 of 636 5) "CID Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by U.S. HUD B. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low- and moderate -income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDITIONS OF PAYMENT A. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee -approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $10,000.00 for the period of October I, 2015 through September 30, 2016. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Page 2 of 17 Page 392 of 636 Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant, CFDA No. 14.218, Award No. B -15 -MC -12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement retroactive with the effective date of October 1, 2015 or receipt of an Order to Proceed in writing from CID. In any event, all services required hereunder shall be completed by the Agency by September 30, 2016. C. Method of Payment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and final payment shall be submitted to CID for approval no later than thirty (30) days after the end of the contract date. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate October 1, 2015. Page 3 of 17 Page 393 of 636 D. Conditions on which Payment is contingent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the Agency's personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi -funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4 of 17 Page 394 of 636 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110, A-122, and A-133 incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly and/or quarterly) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CITY and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out -of -town -travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 17 Page 395 of 636 CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERAL CONDITIONS A. Opportunities for Residents and Civil Rights Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small, and Minority/Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 17 Page 396 of 636 C. Project Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low - and moderate -income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitoring The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly and/or quarterly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low -and moderate -income persons; (4) racial breakdown; and (5) the number of female -headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Inspections At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General Page 7 of 17 Page 397 of 636 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $500,000 or more under only one federal program must have a program specific audit performed audit performed, in accordance with OMB A-133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-110, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for four (4) years after expiration of this Agreement. Page 8 of 17 Page 398 of 636 G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. The Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. I. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9 of 17 Page 399 of 636 The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. 1. Citizen Participation The Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. K. Proiect Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the Agency will make a good faith effort to recognize City's support for all activities made possible with funds available under this agreement. The Agency Marketing Plan shall include materials in Spanish & Creole and be promoted through churches, synagogues, mosques, and other houses of worship that are inclusive of Hispanic and Haitian communities. The Agency Marketing Plan will also include materials that provide information on how to request reasonable accommodations and will list TTY or Florida Relay Service number. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-133 Page 10 of 17 Page 400 of 636 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, 13166, the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 5) Executive Orders 11063, 12259, 12892, and the Fair Housing Act of 1988 6) Florida Statutes, Chapter 112 and 768.28 7) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 8) The City of Boynton Beach Procurement Policy & 24 CFR 85.36 - Procurement 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) The Agency's Limited English Proficiency (LEP) Plan 14) The Agency's Affirmative Marketing Plan 15) Current list of the Agency's Officers and members of Board of Directors 16) Proof of Agency's 501©(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Improvement. Item 8 will be furnished to the Agency by CID. Items 9 through 16 above shall be transmitted to CID by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) Page 11 of 17 Page 401 of 636 calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. N. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. 0. Leveraging The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CID. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Page 12 of 17 Page 402 of 636 Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. R. Independent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S. Public Entity Crimes As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. T. Public Records The City of Boynton Beach is public agency subject to Chapter 119, Florida Statutes. The Agency shall comply with Florida's Public Records Law. Specifically, the Agency shall: 1) Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 2) Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 3) Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4) Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the Agency. Page 13 of 17 Page 403 of 636 The failure of Agency to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in Part IV, Section M of the Agreement. U. Counterparts of This Agreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. �1 WITNESS our Hands and Seals on the ! 4r,0 day of _ , 2015. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida BY, BY: CLERK CITYA AGER AP OVED AS TO FORM: -ALTTrTy ATTORN AID TO VICTIMS OF DOMESTIC ABUSE, INC. [CORPORATE SEAL] Page 14 of 17 Page 404 of 636 AID TO VICTIMS OF DOMESTIC ABUSE, INC. EXHIBIT A WORK NARRATIVE I. The Agency agrees to, within the time line of October 1, 2015 through September 30, 2016 to: A. Identify children living in homes where domestic abuse is present. Children who are identified as being affected by domestic violence are given the opportunity to participate in a support group. B. Provide programs in schools to students in Pre -K to 12t� grade designed to prevent domestic violence. C. Goals of the programs include: 1. Provide domestic violence education presentations for 167 students in the municipality of Boynton Beach. 2. Provide advanced, intensive domestic violence prevention curricula with community impact projects for 17 students in the municipality of Boynton Beach on a weekly basis. 3. Provide safety planning to students at presentations. D. Report the receipt of any income earned by the Agency to the CID Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CID and U.S. HUD regulations and this Agreement. II. The City Agrees to: A. Reimburse the Agency for the following budget items: Salaries & Benefits......................................................................... $10,000.00 TOTAL........................................................................................ $10,000.00 B. Provide technical assistance to ensure compliance with CID, U.S. HUD and applicable Federal, State and City regulations to this Agreement. C. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. D. Monitor the Agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CID, be conducted by CID staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CID on program activities. Page 15 of 17 Page 405 of 636 AID TO VICTIMS OF DOMESTIC ABUSE, INC. EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 From: [Name of Sub -grantee] [Address] [Telephone] Subject: INVOICE REIMBURSEMENT Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The expenditures for this invoice cover the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. APPROVED FOR PAYMENT — Octavia S. Sherrod Page 16 of 17 Page 406 of 636 AID TO VICTIMS OF DOMESTIC ABUSE, INC. EXHIBIT C PART IV.L: CONTRACT DOCUMENTS 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-133 http://www.whitehouse.gov/omb/circulars a110/ http://www.whitehouse.gov/omb/circulars a122 2004/ http://www.whitehouse.gov/omb/circulars/a133 compliance supplement 2011 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 http://www.iustice.gov/crt/about/cor/coord/titievi.php http://www.archives.gov/education/lessons/civil-rights-act/ http://www2.ed.gov/policy/rights/guid/ocr/ageoverview.html http://www.ada.gov/pubs/ada.htm 4) Executive Orders 11246, 11478, 11625, 12432, 13166, the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 http://Portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/EX011246 http://www.arch ives.gov/federa I-register/cod ification/executive-order/11478. htm I http://www.a rchives.gov/f ed era I-register/cad ification/executive-order/11625. htm I http://www.a rchives.gov/f ed era I-register/cod ification/executive-order/12432. htm I http://www.*ustice.gov/crt/about/cor/13166.php http://www.dol.gov/whd/govcontracts/dbra.htm http://Portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/109 5) Executive Orders 11063, 12259, 12892, and the Fair Housing Act of 1988 http://Portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/EX011063 http://www.a rch ives.gov/federa I-register/cod ification/executive-order/12259.htm I http://Portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/EX012892 http://Portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/yourrights 6) Florida Statutes, Chapter 112 and 768.28 http://www,leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&URL=0100- 0199/0112/0112 Pa rtlContentsl ndex. htm l&StatuteYea r=2011&Title=%2D%3E2011%2 D%3 EChapter%20112%2 D%3 EP art%201 http://www.flsenate.gov/Laws/Statutes/2011/768.28 7) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended http://law.iustia.com/cfr/title24/24-3.1.1.3.4.htmi Page 17 of 17 Page 407 of 636 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION THIS AGREEMENT, entered into this �� day of ("�C.Ca 2015, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION, a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 2191 N. Seacrest Boulevard, Boynton Beach, Florida 33435 and its Federal Tax Identification Number as 65-0971509. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINITION AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CID" means Community Improvement Division 4) "The Agency" means BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION Page 1 of 17 Page 408 of 636 5) "CID Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by U.S. HUD B. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low- and moderate -income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDITIONS OF PAYMENT A. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee -approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $130,000.00 for the period of October I, 2015 through September 30, 2016. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Page 2 of 17 Page 409 of 636 Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant, CFDA No. 14.218, Award No. B -15 -MC -12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement retroactive with the effective date of October 1, 2015 or receipt of an Order to Proceed in writing from CID. In any event, all services required hereunder shall be completed by the Agency by September 30, 2016. C. Method of Payment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and final payment shall be submitted to CID for approval no later than thirty (30) days after the end of the contract date. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate October 1, 2015. Page 3of17 Page 410 of 636 D. Conditions on which Payment is contingent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the Agency's personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi -funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4 of 17 Page 411 of 636 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110, A-122, and A-133 incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly and/or quarterly) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CITY and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out -of -town -travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 17 Page 412 of 636 CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERAL CONDITIONS A. Opportunities for Residents and Civil Rights Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small and Minority/Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 17 Page 413 of 636 C. Project Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low - and moderate -income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitoring The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly and/or quarterly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low -and moderate -income persons; (4) racial breakdown; and (5) the number of female -headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Inspections At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General Page 7of17 Page 414 of 636 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $500,000 or more under only one federal program must have a program specific audit performed audit performed, in accordance with OMB A-133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-110, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for four (4) years after expiration of this Agreement. Page 8 of 17 Page 415 of 636 G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate' of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. The Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. I. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9 of 17 Page 416 of 636 The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. J. Citizen Participation The Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. K. Project Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the Agency will make a good faith effort to recognize City's support for all activities made possible with funds available under this agreement. The Agency Marketing Plan shall include materials in Spanish & Creole and be promoted through churches, synagogues, mosques, and other houses of worship that are inclusive of Hispanic and Haitian communities. The Agency Marketing Plan will also include materials that provide information on how to request reasonable accommodations and will list TTY or Florida Relay Service number. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein; 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-133 Page 10 of 17 Page 417 of 636 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, 13166, the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 5) Executive Orders 11063, 12259, 12892, and the Fair Housing Act of 1988 6) Florida Statutes, Chapter 112 and 768.28 7) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 8) The City of Boynton Beach Procurement Policy & 24 CFR 85.36 - Procurement 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) The Agency's Limited English Proficiency (LEP) Plan 14) The Agency's Affirmative Marketing Plan 15) Current list of the Agency's Officers and members of Board of Directors 16) Proof of Agency's 501C(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Improvement. Item 8 will be furnished to the Agency by CID. Items 9 through 16 above shall be transmitted to CID by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) Page 11 of 17 Page 418 of 636 calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. N. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. 0. Leveraging The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CID.. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Page 12 of 17 Page 419 of 636 Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. R. Independent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S. Public Entity Crimes As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. T. Public Records The City of Boynton Beach is public agency subject to Chapter 119, Florida Statutes. The Agency shall comply with Florida's Public Records Law. Specifically, the Agency shall: 1) Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 2) Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 3) Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4) Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the Agency. Page 13 of 17 Page 420 of 636 The failure of Agency to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in Part IV, Section M of the Agreement. U. Counterparts of This Agreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the 14^1, day of 2015. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida 414'1� p .. CITY MAfA� R ROVED AS TO FORM: BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION [CORPORATE SEAL] Page 14 of 17 Page 421 of 636 BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION EXHIBIT A WORK NARRATIVE I. The Agency agrees, within the time line of October 1, 2015 through September 30, 2016, to provide the following services: A. Complete pre -purchase Homebuyer Counseling for 150 prospective homebuyers. B. Acquire, renovate/construct, and sell or lease four (4) vacant/abandoned foreclosed properties to iow-to-moderate income families. C. Complete construction/rehabilitation and sale of all remaining NSP -3 homes. D. Identify and secure ten vacant lots in the Model Block redevelopment area through donations from the City to construct ten affordable housing units. E. Complete construction and sale of not less than five (5) new affordable homes. F. Secure construction financing for new home construction project. G. Market and sell all units to eligible first time homebuyers. H. Report the receipt of any income earned by the Agency to the CID Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CID and U.S. HUD regulations and this Agreement. II. The City Agrees to: A. Reimburse the Agency for the following budget items: Executive Director............................................................................... $21,500.00 Project Manager................................................................................... 19,000.00 Homebuyer Coordinator......................................................................... 32,000.00 Administrative Assistant......................................................................... 20,000.00 Benefits/FICA Medicaid............................................................................7,500.00 Health Insurance.................................................................................. 10,000.00 Accounting/ Bookkeeping ........................................................................ 20,000.00 TOTAL....................................................................................... $130,000.00 B. Provide technical assistance to ensure compliance with CID, U.S. HUD and applicable Federal, State and City regulations to this Agreement. C. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. D. Monitor the Agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CID, be conducted by CID staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CID on program activities. Page 15 of 17 Page 422 of 636 BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. 0. Box 310 Boynton Beach, Florida 33425-0310 From: [Name of Sub -grantee] [Address] [Telephone] Subject: INVOICE REIMBURSEMENT Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The expenditures for this invoice cover the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. APPROVED FOR PAYMENT — Octavia S. Sherrod Page 16 of 17 Page 423 of 636 BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION EXHIBIT C PART IV.L: CONTRACT DOCUMENTS 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-133 http://www.whitehouse.gov/omb/circulars a110/ http://www.whitehouse.gov/omb/circulars a122 2004/ http://www.whitehouse.gov/omb/circulars/al33 compliance supplement 2011 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 http://www.iustice.gov/crt/about/cor/coord/titievi.php htt www.archives.gov/education/lessons/civil-rights-act/ http•//www2 ed gov/policy/rights/guid/ocr/"ageoverview.htmI http://www.ada.gov/pubs/ada.htm 4) Executive Orders 11246, 11478, 11625, 12432, 13166, the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 http://`portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/EX011246 http://www.a rchivesgov/federal-register/codification/executive-order/11478,htmI http•//www archives gov/federal-register/codification/executive-order/l1625.htmi http://www archives gov/Federal-register/codification/executive-order/12432.html http://www.justice.gov/crt/"about/`cor/13166.php http://www.dol.gov/whd/govcontracts/dbra.htm http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/109 5) Executive Orders 11063, 12259, 12892, and the Fair Housing Act of 1988 http://Po.rtal.hud.gov/hudportal/`HUD?src=/program offices/fair housing equal opp/FHLaws/EX011063 http•//www archives gov/federal-register/codification/executive-order/12259.html http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/EX012892 http://Portal.hud.gov/hudportal/HUD?src=lprogram offices/fair housing equal opp/FHLaws/yourrights 6) Florida Statutes, Chapter 112 and 768.28 http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&URL=0100- 0199/0112/0112PartlContentslndex html&StatuteYear=2011&Title=%2D%3E2011%2D%3EChapter%20112%2D%3EP art%201 httP://www fIsenate.gov/Laws/Statutes/2011/768.28 7) Federal Community Deveopment Block Grant Regulations (24 CFR Part 570), as amended http://law.justia.com/cfr/title24/24-3.1.1.3.4.htmi Page 17 of 17 Page 424 of 636 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC. THIS AGREEMENT, entered into this S� day of (��G�c� �- , 2015, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC., a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 145 N.E. 4th Avenue, Boynton Beach, Florida 33435 and its Federal Tax Identification Number as 65-0447796. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC. desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC. to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINITION AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CID" means Community Improvement Division 4) "The Agency" means COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC. Page 1 of 17 Page 425 of 636 5) 'SCID Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by U.S. HUD B. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low- and moderate -income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDITIONS OF PAYMENT A. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee -approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $50,906.00 for the period of October I, 2015 through September 30, 2016. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Page 2 of 17 Page 426 of 636 Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant, CFDA No. 14.218, Award No. B -15 -MC -12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement retroactive with the effective date of October 1, 2015 or receipt of an Order to Proceed in writing from CID. In any event, all services required hereunder shall be completed by the Agency by September 30, 2016. C. Method of Payment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and final payment shall be submitted to CID for approval no later than thirty (30) days after the end of the contract date. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate October 1, 2015. Page 3 of 17 Page 427 of 636 D. Conditions on which Payment is contingent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the Agency's personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi -funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4 of 17 Page 428 of 636 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110, A-122, and A-133 incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly and/or quarterly) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CITY and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out -of -town -travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 17 Page 429 of 636 CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERAL CONDITIONS A. Opportunities for Residents and Civil Rights Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small and Minority/Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 17 Page 430 of 636 C. Project Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low - and moderate -income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitoring The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly and/or quarterly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low -and moderate -income persons; (4) racial breakdown; and (5) the number of female -headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Inspections At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General Page 7 of 17 Page 431 of 636 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $500,000 or more under only one federal program must have a program specific audit performed audit performed, in accordance with OMB A-133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-110, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Prope All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for four (4) years after expiration of this Agreement. Page 8 of 17 Page 432 of 636 G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. The Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. I. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9 of 17 Page 433 of 636 The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. J. Citizen Participation The Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. K. Project Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the Agency will make a good faith effort to recognize City's support for all activities made possible with funds available under this agreement. The Agency Marketing Plan shall include materials in Spanish & Creole and be promoted through churches, synagogues, mosques, and other houses of worship that are inclusive of Hispanic and Haitian communities. The Agency Marketing Plan will also include materials that provide information on how to request reasonable accommodations and will list TTY or Florida Relay Service number. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-133 Page 10 of 17 Page 434 of 636 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, 13166, the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 5) Executive Orders 11063, 12259, 12892, and the Fair Housing Act of 1988 6) Florida Statutes, Chapter 112 and 768.28 7) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 8) The City of Boynton Beach Procurement Policy & 24 CFR 85.36 - Procurement 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) The Agency's Limited English Proficiency (LEP) Plan 14) The Agency's Affirmative Marketing Plan 15) Current list of the Agency's Officers and members of Board of Directors 16) Proof of Agency's 501©(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Improvement. Item 8 will be furnished to the Agency by CID. Items 9 through 16 above shall be transmitted to CID by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) Page 11 of 17 Page 435 of 636 calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. N. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. 0. Leveraging The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CID. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Page 12 of 17 Page 436 of 636 Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. R. Independent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S. Public Entity Crimes As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(x) requires this notice. T. Public Records The City of Boynton Beach is public agency subject to Chapter 119, Florida Statutes. The Agency shall comply with Florida's Public Records Law. Specifically, the Agency shall: 1) Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 2) Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 3) Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4) Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. Page 13 of 17 Page 437 of 636 The failure of Agency to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in Part IV, Section M of the Agreement. U. Counterparts of This Agreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the 14t- day of , 2015. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida �S.�I • / — BY: &);c CLERK CITY MAA R ROVED AS TO FORMA Fes. °. 1" . CITY ATTO RY COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC. BY: \55 [CORPORATE SEAL] Page 14 of 17 Page 438 of 636 COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC. EXHIBIT A WORK NARRATIVE I. The Agency agrees, within the time line of October 1, 2015 through September 30, 2016, to provide the following services: A. Provide emergency Food Pantry at the Community Caring Center office B. Provide Emergency Disaster Assistance: Pre- and Post- activity, as needed C. Provide fin anclaI aid for the following: [amount of assistance depends on funds available] • Emergency transportation/Gas/Bus Passes • Utility bill pay assistance • Rent/mortgage assistance Prescriptions and medication assistance • Temporary emergency lodging vouchers D. Senior, frail, and elderly caregiving program E. Referral services for homeless, job placement and tax information F. Provide assistance for applying to State of Florida access for SSI, food stamps, prescription drug, and disability G. Provide health related classes — nutrition & chronic illness management H. Report the receipt of any income earned by the Agency to the CID Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CID and HUD regulations and this agreement. II. The City Agrees to: A. Reimburse the Agency for the following budget items: Salaries..........................................................................................$41,906.00 Insurances........................................................................................ 4,000.00 Audit................................................................................................ 5.000.00 TOTAL.................................................................................... $50,906.00 A. Provide technical assistance to ensure compliance with CID, U.S. HUD and applicable Federal, State and City regulations to this Agreement. B. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. C. Monitor the Agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CID, be conducted by CID staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CID on program activities. Page 15 of 17 Page 439 of 636 COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC. EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. 0. Box 310 Boynton Beach, Florida 33425-0310 From: [Name of Sub -grantee] [Address] [Telephone] Subject: INVOICE REIMBURSEMENT Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The expenditures for this invoice cover the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. APPROVED FOR PAYMENT — Octavia S. Sherrod Page 16 of 17 Page 440 of 636 COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC. EXHIBIT C PART IV.L: CONTRACT DOCUMENTS 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-133 Page 17 of 17 Page 441 of 636 http://www.whitehouse.gov/omb/circulars a110/ http://www.whitehouse.gov/omb/circulars a122 2004/ http://www.whitehouse.gov/omb/circulars/a133 compliance supplement 2011 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 http://www.justice.gov/crt/about/cor/coord/"titlevi.php http://www.archives.gov/education/lessons/civil-rights-act/ http://www2.ed.gov/policy/rights/guid/ocr/ageoverview.html http://www.ada.gov/pubs/`ada.htm 4) Executive Orders 11246, 11478, 11625, 12432, 13166, the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/EX011246 http://www.archives.gov/federal-register/codification/executive-order/11478.html http://www. archives.gov/federal-register/codification/executive-order/l1625.htmI http://www.archives.gov/federal-register/codification/executive-order/12432.html http://www.iUstice.gov/crt/about/cor/13166.php http://www.dol.gov/whd/govcontracts/d bra. htm http://Portal,hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/109 5) Executive Orders 11063, 12259, 12892, and the Fair Housing Act of 1988 http://Portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/EX011063 http://www.archives.gov/federal-register/codification/executive-order/12259.html http://Portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/EX012892 http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/yourrights 6) Florida Statutes, Chapter 112 and 768.28 http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&URL=0100- 0199/0112/0112 PartlConte ntslndex. html&StatuteYear=2011&Title=%2D%3E2011%2D%3EChapter%20112%2D%3EP art%201 http://www,flsenate.gov/Laws/Statutes/2011/768.28 7) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended http://law.iustia.com/cfr/title24/24-3.1,1.3.4.html Page 17 of 17 Page 441 of 636 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. S� THIS AGREEMENT, entered into this 1 day ofCC:cA• _`y-, 2015, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC., a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 423 Fern Street, Suite 200, West Palm Beach, Florida 33401, and its Federal Tax Identification Number as 59-6046994. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINITION AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) 'SCID" means Community Improvement Division 4) "The Agency" means LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. Page 1 of 17 Page 442 of 636 5) "CID Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by U.S. HUD B. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low- and moderate -income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDITIONS OF PAYMENT A. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee -approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $4,000.00 for the period of October I, 2015 through September 30, 2016. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Page 2 of 17 Page 443 of 636 Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant, CFDA No. 14.218, Award No. B -15 -MC -12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement retroactive with the effective date of October 1, 2015 or receipt of an Order to Proceed in writing from CID. In any event, all services required hereunder shall be completed by the Agency by September 30, 2016. C. Method of Payment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and final payment shall be submitted to CID for approval no later than thirty (30) days after the end of the contract date. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate October 1, 2015, Page 3 of 17 Page 444 of 636 D. Conditions on which Payment is contingent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the Agency's personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi -funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4 of 17 Page 445 of 636 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110, A-122, and A-133 incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly and/or quarterly) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CITY and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out -of -town -travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 17 Page 446 of 636 CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERAL CONDITIONS A. Opportunities for Residents and Civil Rights Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small, and Minority/Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 17 Page 447 of 636 C. Project Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low - and moderate -income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitoring The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly and/or quarterly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low -and moderate -income persons; (4) racial breakdown; and (5) the number of female -headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Inspections At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General Page 7 of 17 Page 448 of 636 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $500,000 or more under only one federal program must have a program specific audit performed audit performed, in accordance with OMB A-133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-110, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for four (4) years after expiration of this Agreement. Page 8 of 17 Page 449 of 636 G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. The Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. I. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9 of 17 Page 450 of 636 The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. 1. Citizen Participation The Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. K. Project Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the Agency will make a good faith effort to recognize City's support for all activities made possible with funds available under this agreement. The Agency Marketing Plan shall include materials in Spanish & Creole and be promoted through churches, synagogues, mosques, and other houses of worship that are inclusive of Hispanic and Haitian communities. The Agency Marketing Plan will also include materials that provide information on how to request reasonable accommodations and will list TTY or Florida Relay Service number. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-133 Page 10 of 17 Page 451 of 636 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, 13166, the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 5) Executive Orders 11063, 12259, 12892, and the Fair Housing Act of 1988 6) Florida Statutes, Chapter 112 and 768.28 7) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 8) The City of Boynton Beach Procurement Policy & 24 CFR 85.36 - Procurement 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) The Agency's Limited English Proficiency (LEP) Plan 14) The Agency's Affirmative Marketing Plan 15) Current list of the Agency's Officers and members of Board of Directors 16) Proof of Agency's 501'J(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Improvement. Item 8 will be furnished to the Agency by CID. Items 9 through 16 above shall be transmitted to CID by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) Page 11 of 17 Page 452 of 636 calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. N. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. 0. Leveraging The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CID. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Page 12 of 17 Page 453 of 636 Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. R. Independent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S. Public Entity Crimes As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. T. Public Records The City of Boynton Beach is public agency subject to Chapter 119, Florida Statutes. The Agency shall comply with Florida's Public Records Law. Specifically, the Agency shall: 1) Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 2) Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 3) Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4) Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the Agency. Page 13 of 17 Page 454 of 636 The failure of Agency to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in Part IV, Section M of the Agreement. U. Counterparts of This Agreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the �� Q.t day of , 2015. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida BY: CA, of CITY KA AGER AS TO FORM: CITY ATTORNE .,. LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. BY: r Pre idem, Boars] of Directors Miri'ani Acosta-Castriz, Esq. [CORPORATE SEAL] Page 14 of 17 Page 455 of 636 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. EXHIBIT A WORK NARRATIVE I. The Agency agrees to, within the time line of October 1, 2015 through September 30, 2016 to: A. Provide advice, counsel and/or representation for residents of Boynton Beach with landlord tenant matters, fair housing enforcement, and foreclosure prevention services. B. Conduct a minimum of three (3) workshops on landlord tenant issues, fair housing laws or foreclosure prevention issues. C. Report the receipt of any income earned by the Agency to the CID Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CID and U.S. HUD regulations and this Agreement. II. The City Agrees to: A. Reimburse the Agency for the following budget items: Legal representation for seven (7) cases ............................................ $3,220.00 Conduct three (3) education & outreach events .......................................780.00 TOTAL.......................................................................................... $4,000.00 B. Provide technical assistance to ensure compliance with CID, U.S. HUD and applicable Federal, State and City regulations to this Agreement. C. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. D. Monitor the Agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CID, be conducted by CID staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CID on program activities. Page 15 of 17 Page 456 of 636 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. 0. Box 310 Boynton Beach, Florida 33425-0310 From: [Name of Sub -grantee] [Address] [Telephone] Subject: INVOICE REIMBURSEMENT Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The expenditures for this invoice cover the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. APPROVED FOR PAYMENT — Octavia S. Sherrod Page 16 of 17 Page 457 of 636 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. EXHIBIT C PART IV.L: CONTRACT DOCUMENTS 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-133 http://www.whitehouse.gov/omb/circulars a110/ http://www.whitehouse.gov/omb/circulars a122 2004/ http://www.whitehouse.gov/omb/circulars/a133 compliance supplement 2011 3) Title VI of the Civi! Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 http://www.justice.gov/crt/about/cor/coord/"titfevi.php http://www.a rchives.gov/education/lessons/civi I -rights -act/ http://www2.ed.gov/policy/rights/Quid/ocr/ageoverview,html http://www.ada.gov/pubs/ada.htm 4) Executive Orders 11246, 11478, 11625, 12432, 13166, the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/EX011246 http://www,archives.gov/federal-register/codification/executive-order/11478.htmI http://www.archives.gov/federal-register/codification/executive-order/11625.htmI http•//www archives gov/federal-register/codification/executive-order/12432.html http://www.iustice.gov/crt/about/cor/13166.php http://www.dol.gov/whd/govcontracts/dbra.htm http•//portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/109 5) Executive Orders 11063, 12259, 12892, and the Fair Housing Act of 1988 http://portal.hud.gov/hudportal/`HUD?src=/Program offices/fair housing equal opp/FHLaws/EX011063 http•//www.archives.gov/federal-register/codification/executive-order/12259.html http://portal.hud.gov/hudportal/`HUD?src=/program offices/fair housing equal opp/FHLaws/EX012892 http://Portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/yourrights 6) Florida Statutes, Chapter 112 and 768.28 http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&URL=0100- 0199/0112/0112PartlContentslndex html&StatuteYear=2011&Title=%2D%3E2011%2D%3EChapter%20112%2D%3EP art%201 http://www.fI se n ate. gov/Laws/Statutes/201 1/768.28 7) Federal Community Deveiopment Block Grant Regulations (24 CFR Part 570), as amended http://law.iustia.com/cfr/title24/24-3.1.1.3.4.html Page 17 of 17 Page 458 of 636 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE RECREATION AND PARKS DEPARTMENT, CITY OF BOYNTON BEACH 5� THIS AGREEMENT, entered into this _ day of G c3 2015, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and THE RECREATION AND PARKS DEPARTMENT, CITY OF BOYNTON BEACH, having its principal office at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435 and its Federal Tax Identification Number as 59-2486620. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and THE RECREATION AND PARKS DEPARTMENT, CITY OF BOYNTON BEACH desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage THE RECREATION AND PARKS DEPARTMENT, CITY OF BOYNTON BEACH to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINITION AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CID" means Community Improvement Division 4) "The Department" means THE RECREATION AND PARKS DEPARTMENT, CITY OF BOYNTON BEACH Page 1of17 Page 459 of 636 5) "CID Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by U.S. HUD B. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Department will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low- and moderate -income persons. PART II SCOPE OF SERVICES The Department shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDITIONS OF PAYMENT A. Maximum Compensation The Department agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee - approved expenditures and encumbrances made by the Department under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $10,000.00 for the period of October I, 2015 through September 30, 2016. Page 2 of 17 Page 460 of 636 Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Such requests for changes must be made in writing by the Department to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant, CFDA No. 14.218, Award No. B -15 -MC -12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Department shall commence upon execution of this Agreement retroactive with the effective date of October 1, 2015 or receipt of an Order to Proceed in writing from CID. In any event, all services required hereunder shall be completed by the Department by September 30, 2016. C. Method of Payment The City agrees to make payments and/or to reimburse the Department for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Department or any Subcontractor hereunder. Requests by the Department for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and final payment shall be submitted to CID for approval no later than thirty (30) days after the end of the contract date. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Department and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Department must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Page 3 of 17 Page 461 of 636 Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate October 1, 2015. D. Conditions on which Payment is contingent: 1) Implementation of Project According to Required Procedures The Department shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the Department's personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi -funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Department shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Department by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Department to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Department to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4 of 17 Page 462 of 636 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110, A-122, and A-133 incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly and/or quarterly) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CITY and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Department complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out -of -town -travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Department from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Department shall Page 5of17 Page 463 of 636 report to CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Department through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A-110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERAL CONDITIONS A. Opportunities for Residents and Civil Rights Compliance The Department agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small and Minority/Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Department shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Department shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 17 Page 464 of 636 C. Project Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low - and moderate -income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Department shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitoring The Department agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Department agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Department shall submit on a monthly and/or quarterly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low -and moderate -income persons; (4) racial breakdown; and (5) the number of female -headed households. In the event that this Agreement should provide funds for capital improvements projects, the Department shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Inspections At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Department to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Department will permit CID, the City, U.S. HUD, or the Page 7 of 17 Page 465 of 636 Comptroller General to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $500,000 or more under only one federal program must have a program specific audit performed audit performed, in accordance with OMB A-133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-110, A-133 and other applicable regulations, the Department to submit an audit by a Certified Public Account of the Department's choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Department. The City will be responsible for providing technical assistance to the Department, as deemed necessary by either party. F. Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Department for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Department at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Department shall keep all documents and records for four (4) years after expiration of this Agreement. Page 8 of 17 Page 466 of 636 G. Indemnification and Insurance The Department recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Department shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Department shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Department will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Department. The Department's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Department shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. The Department shall provide for thirty (30) days notice of cancellation, non -renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Department's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Department. The Department agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. I. Conflict of Interest The Department agrees to abide by and be governed by Office of Management and Budget Circulars A- 110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference Page 9 of 17 Page 467 of 636 herein. The Department further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Department. Any possible conflict of interest on the part of the Department or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. 1 Citizen Participation The Department shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Department in carrying out the provisions of this Agreement. Representatives of the Department shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. K. Project Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Department will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the Department will make a good faith effort to recognize City's support for all activities made possible with funds available under this agreement. The Department Marketing Plan shall include materials in Spanish & Creole and be promoted through churches, synagogues, mosques, and other houses of worship that are inclusive of Hispanic and Haitian communities. The Department Marketing Plan will also include materials that provide information on how to request reasonable accommodations and will list TTY or Florida Relay Service number. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits Page 10 of 17 Page 468 of 636 2) Office of Management and Budget Circulars A-110, A-122 and A-133 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, 13166, the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 5) Executive Orders 11063, 12259, 12892, and the Fair Housing Act of 1988 6) Florida Statutes, Chapter 112 and 768.28 7) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 8) The City of Boynton Beach Procurement Policy & 24 CFR 85.36 - Procurement 9) The Department's Personnel Policies and Job Descriptions 10) The Department's Incorporation Certificate and Articles of Incorporation 11) The Department's by-laws 12) The Department's Certificate of Insurance and Bonding 13) The Department's Limited English Proficiency (LEP) Plan 14) The Department's Affirmative Marketing Plan 15) Current list of the Department's Officers and members of Board of Directors 16) Proof of Department's 501©(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. Item 8 will be furnished to the Department by CID. Items 9 through 16 above shall be transmitted to CID by the Department. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Department with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Department shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Department, and the City may withhold any payment to the Department until such time as the exact amount of damages due to the City from the Department is determined. 1) Termination for Cause If through any cause the Department shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Department shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Department with Page 11 of 17 Page 469 of 636 written notice specifying the exact nature of the failure or violation. Thereafter, the Department has (30) calendar days to remedy the failure or violation. In the event that the Department does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Department of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Department for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. N. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O. Leveraging The Department agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CID. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Page 12 of 17 Page 470 of 636 Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Department when delivered to its office at the address listed on Page One of this Agreement. R. Independent Contractor Except as duly noted in Part III, Section D(9), the Department agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S. Public Entity Crimes As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. T. Public Records The City of Boynton Beach is public agency subject to Chapter 119, Florida Statutes. The Department shall comply with Florida's Public Records Law. Specifically, the Department shall: 1) Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 2) Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 3) Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4) Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the Department. Page 13 of 17 Page 471 of 636 The failure of Department to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in Part IV, Section M of the Agreement. U. Counterparts of This Agreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the 6 day of , 2015. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida THE RECREATION AND PARKS DEPARTMENT, CITY OF BOYNTON BEACH Wally Majors, Recreation & Parks Director Page 14 of 17 Page 472 of 636 THE RECREATION AND PARKS DEPARTMENT, CITY OF BOYNTON BEACH EXHIBIT A WORK NARRATIVE I. The Department agrees to, within the time line of October 1, 2015 through September 30, 2016 to: A. Process applications for CDBG assistance for up to 30 eligible low and moderate -income families and keep files with supporting documentation for each of said families. CDBG eligibility may be based on the Department's review of income information such as tax returns and pay stubs or may use eligibility for other government assistance such as free school lunches. In the absence of any of the above, the Department may require the family to sign a document attesting to their income information and status. B. Provide a determination that applicant households are income eligible under HUD guidelines based on income and household size, using the Florida Income Eligibility Guidelines for free/reduced price meals. C. Admit children of eligible families to summer camp activities. D. Coordinate summer camp activities. E. Provide reports to the Community Improvement Division regarding income and family size of assisted families. II. The City Agrees to: A. Determine the eligibility of the activity for CDBG funding and establish the National Objective to be met by the activity as set forth in 24 CFR Part 570. B. Allocate Ten Thousand Dollars ($10,000) in CDBG funding to the Recreation and Parks Department for use in providing scholarships to children of low and moderate income families. C. Inform the Recreation and Parks Department of any changes in CDBG regulations or program limits that affect the program. D. Review income documentation and process payments for scholarships. E. Provide technical assistance to ensure compliance with U.S. HUD, and applicable State and Local regulations. F. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. G. Monitor the Recreation and Parks Department at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by Community Improvement and will serve to ensure compliance with U.S. HUD and other regulations and to verify the accuracy of reporting procedures on program activities as described. Page 15 of 17 Page 473 of 636 THE RECREATION AND PARKS DEPARTMENT, CITY OF BOYNTON BEACH EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. 0. Box 310 Boynton Beach, Florida 33425-0310 From: [Name of Sub -grantee] [Address] [Telephone] Subject: INVOICE REIMBURSEMENT Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The expenditures for this invoice cover the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. APPROVED FOR PAYMENT — Octavia S. Sherrod Page 16 of 17 Page 474 of 636 THE RECREATION AND PARKS DEPARTMENT, CITY OF BOYNTON BEACH EXHIBIT C PART IV.L: CONTRACT DOCUMENTS 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-133 http://www.whitehouse.gov/omb/circulars a110/ http://www.whitehouse.gov/omb/circulars a122 2004/ http://www.whitehouse.gov/omb/circulars/a133 compliance supplement 2011 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimir.ation Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrim'nation the Americans With Disabilities Act of 1990 http://www.iustice.gov/crt/about/cor/coord/titlevi.php http://www.archives.gov/education/lessons/civil-rights-act/ http://www2.ed.gov/policy/rights/guid/ocr/ageoverview.html http://www.ada.gov/pubs/ada.htm 4) Executive Orders 11246, 11478, 11625, 12432, 13166, the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 http://Portal.hud.gov/hudportal/HUD?src=/`Program offices/fair housing equal opp/FHLaws/EX011246 htto://www.a-chives.gov/federal-register/codification/executive-order/11478.html htt www archives gov/federal-register/codification/executive-order/11625.html http://www archives gov/federal-register/codification/executive-order/12432.htmI http://www.justice.gov/crt/about/cor/13166.php http://www.dol.gov/whd/govcontracts/dbra.htm http://Portal.hud.gov/hudportal/HUD?src=/Program offices/fair housing equal opp/FHLaws/109 5) Executive Orders 11063, 12259, 12892, and the Fair Housing Act of 1988 ,http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/EX011063 http://www archives gov/federal-register/codification/executive-order/12259.html http://Portal.hud.gov/hudportal/HUD?src=/Program offices/fair housing equal opp/FHLaws/EX012892 http://Portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/yourrights 6) Florida Statutes, Chapter 112 and 768.28 http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&URL=0100- 0199/0112/0112PartlContentslndex html&StatuteYear=2011&Title=%2D%3E2011%2D%3EChapter%20112%2D%3EP art%x201 http://www.fIsen ate.gov/Laws/Statutes/2011/768.28 7) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended http://law.justia.com/cfr/title24/24-3.1.1.3.4.html Page 17 of 17 Page 475 of 636 7.A. BIDS AND PURCHASES OVER $100,000 10/20/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/20/2015 REQUESTED ACTION BY COMMISSION: Approve a one-year extension to the "Cooperative Bid to Furnish, Deliver and Discharge Quicklime" with a freight increase of $1.20 per ton, with Lhoist North America. This product will be ordered on an "As Needed" basis for the anticipated annual expenditure of $320,000. EXPLANATION OF REQUEST: BID RENEWAL TERM., DECEMBER 16, 2015 to DECEMBER 15, 2016 The City of Boynton Beach is lead agency on this cooperative bid that includes the Cities of Delray Beach and Lake Worth. City Commission approved a two year award to Lhoist North America on December 4, 2012. The bid documents allow for annual pricing adjustments and Lhoist has agreed to a one-year extension with a documented rail freight increase of $1.20 per ton effective January 1, 2016. The total delivered price for quicklime would be $275.54 per ton. This is the second one-year extension out of a possible three one-year extensions. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Quicklime is necessary to prevent scaling in the water pipelines and in reducing hardness in the water supply. Lhoist North America is a reliable vendor that has consistently provided the Utilities Department with high- quality quicklime over the past several years. FISCAL IMPACT: Budgeted Funds have been budgeted in account 401-2811-536-52-35. Recent fiscal year expenditures for this chemical are: • FY 2013/2014 - $305,000. • FY 2014/2015 - $299,078. (to date) ALTERNATIVES: The City of Boynton Beach could explore the use of other coagulants or anti-scalants. However, this may lead to higher water treatment costs or possible water quality. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 476 of 636 Is this a grant? Grant Amount: ATTACHMENTS: Type D Attachment REVIEWERS: Department Finance Finance Legal City Manager Description Response from Lhoist North America Reviewer Action Howard, Tim Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 10/12/2015 - 10:35 AM 101121201 - 10:35 AM 101121201 - 11:52 AM 10115/201 - 3:17 PPA Page 477 of 636 Lhoist North America Lho.st Croups October 7, 2015 Mr. Tim W. Howard Director of Financial Services 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 VIA EMAIL Dear Mr. Howard: This letter is in response to your inquiry as to whether Lhoist North America is willing to renew our lime supply agreement, Bid No.: 009-2821-13/JMA Deliver and Discharge Bulk Quicklime, with the City of Boynton Beach. Lhoist is agreeable to extending our lime supply agreement with the City of Boynton Beach for another term if we are able to pass along certain increases in our distribution costs. Effective January 1, 2016, CSXT will be imposing a rail freight increase of $1.20 per ton. Documentation for this increase is attached for your review. Should the City of Boynton Beach accept this increase, the total delivered price for quicklime would be $275.54 per ton delivered effective January 1, 2016. Lhoist North America values its relationship with the City of Boynton Beach and we look forward to working with you in the future. Very truly yours, Lhoist North America of Alabama, LLC A Dale James Florida Sales Manager Florida Sales Office 1479 Town Center Drive, Suite 229 Lakeland, FL 33803 877-644-9010 Page 478 of 636 Vom TRANSPORTATION Carrie Beall Senior Account Manager CSX Transportation - Minerals 8044 Montgomery Rd, Suite 160 Cincinnati, OH 45236 PHONE (5 13) 369-5588 FAX (513) 853-1108 October 7, 2015 Carleen Schaefer Supply Chain and Logistics Regional Manager— East Lhoist North America 3309 Highway 31 Birmingham, AL 35040 Dear Ms. Schaefer, This letter is to inform you that the rail rate for delivering quicklime in covered hopper cars to your Fort Lauderdale, Florida distribution facility will increase $1.12 per ton for shipments in private equipment and $1.20 per ton for shipments in railroad owned equipment effective January 1, 2016. If you have any questions, please don't hesitate to give me a call at the number above. Sincerely, OAN3?ak Carrie Beall Page 479 of 636 The City o, f' Boynton Beach rjn0nCe/Pr0curenVnt Servkes 100E Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0316 Telephone No; (561) 742 6310 FAX (561) 742-6316 September 10, 201 Lhoist North America of Alabama, LLC 1479 Town Center Drive, Suite 229 Lakeland, FL 33843 ATTN- J Dale James RE: BID TO FURNISH, DELIVER AND DISCHARGE BULK QUICKLIME BID No.: 009-2821-13)JMA CURRENT BID TERM: DECEMBER 16, 2014 THROUGH DECEAIlBER 15, 2015 Dear Mr, Jaynes: The Co-operative Bid for the Cities of Boynton Beach. Delray Beach and Lake Worth will expire December 15, 2015. This bid has two (2) one-year extensions available. We are very satisfied with Lholst North America of Alabama products and service and, if you agree, the City of Boynton Beach, as lead agency for the Co -Op, would like to extend the existing bid renewal under the same terms, conditions, and prices for an additional one-year term. Please indicate your response on the following page and return it to Procurement Services al your earliest convenience. Also please include an updated Certificate of Insurance naming the City of Boynton Beach as an "Additional Insured". If you should have any questions, please call Sr. Buyer, Julianne Alibrandi at (561) 742-6322, or e-mail alibrandii(ftbfl u.. Thank you. Sincerely, a Tim W. Howard Director of Financial Services C: John Bullard, City of Delray Beach Water Utilibe: Tim Sloan, City of Lake Worth Water Utilities File Anzencv'3 6rvm4ary ro 1?w (.-ajV .5t am Page 480 of 636 ftll FinoncelProcuiernen 100 f Boynton Beach Boulevord yy2� Saxoo S Boynton Beach, Fkwido 33425-031C Telephone / FAX (56J) 74243J6 RF CO-OPERATIVE BID TO FURNISH, DELIVER AND DISCHARGE BULK QUICKLIME BID No.: 000-2821 13/JMA Agreement between the City of Boynton Beach and LHOIST NORTH AMERICA OF ALABAMA BID EXTENSION TERM- DECEMBER 16, 2015 to DECEMBER 15, 2016 X Yes, I agree to renew the existing bid under the same terms, conditions, and pr+c-esr for an additional year. *PLEASE SEE ATTACHED LETTER. No. I do not wish to renew the bid for the following reasons) J. Dale James a ....: ::... 10/07/2015 DATE E-MAIL.- dale.james@lhoist.com SIGNATU HW Florida Sales Manager 877-644-9010 M. Page 481 of 636 V PUBLIC HEARING 10/20/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/20/2015 REQUESTED ACTION BY COMMISSION: Approve request for Conditional Use / Major Site Plan Modification for additions of a 13,087 square foot Elementary School / Early Childhood Development Center building, a 13,001 square foot General Use building, and a 6,000 square foot Athletic / Locker Room building to the existing Lake Worth Christian School campus, located at 7592 High Ridge Road within the R1 -AA (Single -Family Residential) zoning district. Applicant: Dustin Mizell, Dustin Mizell Landscape Architecture. EXPLANATION OF REQUEST: Dustin Mizell of Dustin Mizell Landscape Architecture, agent for Lake Worth Christian School Society, Inc., property owner, is seeking Major Site Plan Modification / Conditional Use approval for the expansion of school facilities, as noted above. The school currently serves kindergarten through high school students and contains a 13,952 square foot high school building, 6,500 square foot middle school building, a 10,797 square foot elementary school building, a 15,160 square foot gymnasium, as well as outdoor facilities. In 2006, the school received approval to construct a baseball field, softball field, a multi-purpose/soccer field, restrooms and maintenance building associated with the fields, along with additional parking on the east side of the property, to accommodate the athletic fields and contemplated future school buildings. In 2007, the School received approval to add a 19,555 square foot Early Childhood Development Center / Elementary School building, a 15,000 square foot General Use building and a 6,000 square foot Athletic / Locker Room building. The School received three (3) Site Plan Time Extensions while attempting to raise enough money to construct the building improvements approved in 2007. The approvals expired at the beginning of 2015, and school administration has revisited the project, slightly reduced some components, and now plans to construct the improvements as a phased project, beginning with the new classroom space. As part of the review, the applicant submitted an updated traffic impact study to Palm Beach County Traffic Engineering for their review. Although the County indicates that the project meets the County's Traffic Performance Standards, and that the study's intersection analysis show that the driveway would operate acceptably, they suggest the City require the applicant to build a north approach left turn lane into the school entrance drive. As a result, staff has added three (3) conditions of approval addressing this issue, which essentially require the applicant to post a surety with the City prior to issuance of a building permit to cover 1) the cost of an updated traffic analysis upon the school reaching peak attendance of 615 students or upon deficiencies/impacts noted by the City Engineer, and 2) the cost associated with the design, permitting and construction of a north approach left turn lane. If warranted by the traffic analysis or based upon observed deficiencies by the City Engineer, the improvements covered by the surety will be required to be constructed within 180 days of approval of the construction plans and permits by Palm Beach County. An in -field review by City staff and statements placed on the record at the Planning & Development Board meeting by school representatives and their traffic consultant indicate that parent drop-off stacking/queuing does not back up onto High Ridge Road. In general, the long-standing use of this site as a school is compatible with the residential uses that surround it. Schools are a conditional use in residential zoning districts, like in this case, R -1 -AA Single -Family. Other than peak drop-off and pick-up hours for traffic, very few vehicular trips occur during the course of the day, other than for special events after school hours. The Planning & Development Board reviewed the request at their September 22, 2015 meeting and recommends approval. Page 482 of 636 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: The proposed addition to the school should have little economic impact on surrounding properties or the City as a whole, but would provide additional elementary school classrooms to this area and the City for those choosing the private school alternative. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Reviewer ATTACHMENTS: Date Type Description D Addendum Staff Report D Addendum Exhibit A - Location Map D Addendum Exhibit B1 - Existing Site D Addendum Exhibit B2 - Site Plan D Addendum Exhibit B3 - Landscape Plan D Addendum Exhibit B4 - Floor Plans D Addendum Exhibit B5 - Building Elevations D Addendum Exhibit C - Conditional Use Responses D Addendum Exhibit D - Conditions of Approval D Addendum Development Order REVIEWERS: Department Reviewer Action Date Planning & Zoning Rumpf, Michael Approved 10/2/2015 - 2:44 PKA Development Mack, Andrew Rejected 10/5/2015 - 8:27 AM Planning & Zoning Rumpf, Michael Rejected 10/5/2015 - 9:03 AM Planning & Zoning Breese, Ed Approved 10/5/2015 - 9:31 AM Planning & Zoning Rumpf, Michael Approved 10/5/2015 - 11:05 AM Development Mack, Andrew Approved 10/9/2015 - 12:26 PKA Page 483 of 636 Finance Howard, Tim Approved 1011212015 - 10:14 AM City Manager LaVerrier , Lori Approved 10/1512015 - 3:13 PPA Page 484 of 636 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 15-024 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THROUGH: Michael Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: September 9, 2015 PROJECT NAME/NO: Lake Worth Christian School (MSPM 15-006 / COUS 15-004) REQUEST: Request for Conditional Use / Major Site Plan Modification approval of additions of a 13,087 square foot Elementary School / Early Childhood Development Center building, a 13,001 square foot General Use building, and a 6,000 square foot Athletic/ Locker Room building to the existing Lake Worth Christian School campus, located at 7592 High Ridge Road within the R1 -AA (Single -Family Residential) zoning district. PROJECT DESCRIPTION Property Owner: Lake Worth Christian School Society, Inc. Agent: Dustin Mizell of Dustin Mizell Landscape Architecture Location: 7592 High Ridge Road (see Exhibit "A" — Location Map) Existing Land Use: Public & Private Governmental / Institutional (PPGI) Proposed Land Use: No change Existing Zoning: Single -Family Residential (R1 -AA) Proposed Zoning No change Proposed Use: Expansion of school facilities through the addition of a 13,087 square foot Elementary School / Early Childhood Development Center building, a 13,001 square foot General Use building, and a 6,000 square foot Athletic / Locker Room building. Acreage: 16.24 acres Adjacent Uses: North: Single -Family homes in Unincorporated Palm Beach County; South: Single -Family homes (Cedar Ridge Estates PUD), zoned Planned Unit Development (PUD); Page 485 of 636 Staff Report — LW Christian School MSPM 15-006 / COUS 15-004 Page 2 East: Right-of-way of CSX Railroad and Interstate 95; and West: Right-of-way of High Ridge Road, then farther west Single -Family homes in Unincorporated Palm Beach County. PROPOSAL Dustin Mizell of Dustin Mizell Landscape Architecture, agent for Lake Worth Christian School Society, Inc., property owner, is seeking Major Site Plan Modification / Conditional Use approval for the expansion of school facilities through the addition of a 13,087 square foot Elementary School / Early Childhood Development Center building, a 13,001 square foot General Use building, and an approximately 6,000 square foot Athletic / Locker Room building. Primary and Secondary Schools require conditional use approval if located in a residential zoning district, per Chapter 3, Article IV, Section 3. D. (Use Matrix) of the Land Development Regulations (LDR). Additionally, Note #33 of the Use Matrix requires schools be located along an arterial or collector roadway, and High Ridge Road is classified as a collector roadway in the City's Comprehensive Plan. A conditional use is defined in the LDR as a use that, because of special requirements or characteristics, may be allowed in a particular zoning district, but only with conditions as necessary to make the use compatible with other uses permitted in the same zoning or vicinity. BACKGROUND The school currently serves kindergarten through high school students and contains a 13,952 square foot high school building, 6,500 square foot middle school building, a 10,797 square foot elementary school building, a 15,160 square foot gymnasium, as well as outdoor facilities. In 2006, the school received approval to construct a baseball field, softball field, a multi-purpose/soccer field, restrooms and maintenance building associated with the fields, along with additional parking on the east side of the property, to accommodate the athletic fields and contemplated future school buildings. In 2007, the School received approval to add a 19,555 square foot Early Childhood Development Center/ Elementary School building, a 15,000 square foot General Use building and a 6,000 square foot Athletic / Locker Room building. The School received three (3) Site Plan Time Extensions while attempting to raise enough money to construct the building improvements approved in 2007. The approvals expired at the beginning of 2015, and school administration has revisited the project, slightly reduced some components, and now plans to construct the improvements as a phased project, beginning with the new classroom space. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Chapter 3, Article IV, Section 4 of the Land Development Regulations contains the following standards to which conditional uses are required to conform. The applicant has submitted a Justification Statement that addresses each of the conditional use standards (see Exhibit "C" — Justification Statement). Following each of these standards below is the Planning and Zoning Division's evaluation of the application as it pertains to the conditional use standards. Per the LDR, the Planning and Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of the zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the faithful adherence to the review criteria below, or deny conditional uses when not in harmony with the stated purpose and intent of ensuring compliance, public purpose, and compatibility. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made Page 486 of 636 Staff Report — LW Christian School MSPM 15-006 / COUS 15-004 Page 3 concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The survey and site plan drawings shows two (2) existing driveway openings to the subject property, both located on High Ridge Road, consisting of one-way pairs providing ingress and egress. No openings would be altered as a result of this site plan modification, and no new driveways are proposed. These drives provide access completely around the existing and proposed buildings, for ease of waste removal, provision of emergency service, and student delivery and pickup. The site plan depicts the provision of a new pedestrian access walk from the sidewalk along High Ridge Road, connecting to the westernmost school building for added student safety. The applicant submitted an updated traffic impact study to Palm Beach County Traffic Engineering for their review. The County determined that the proposed project meets the County's Traffic Performance Standards. The study indicates the building additions to the school and increase in enrollment by up to 163 additional students would add 132 AM Peak Hour trips and 28 new PM Peak Hour trips to High Ridge Road. Although the County indicates that the project meets the County's Traffic Performance Standards, and that the study's intersection analysis show that the driveway would operate acceptably, they suggest the City require the applicant to build a north approach left turn lane into the school entrance drive. As a result, staff has added three (3) conditions of approval addressing this issue, which essentially require the applicant to post a surety with the City prior to issuance of a building permit to cover 1) the cost of an updated traffic analysis upon the school reaching peak attendance of 615 students or upon deficiencies/impacts noted by the City Engineer, and 2) the cost associated with the design, permitting and construction of a north approach left turn lane. If warranted by the traffic analysis or based upon observed deficiencies by the City Engineer, the improvements covered by the surety will be required to be constructed within 180 days of approval of the construction plans and permits by Palm Beach County (see "Exhibit D" — Conditions of Approval). 2. Off-street parking and loading areas where required, with particular attention to the items in subsection above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The addition of the Elementary School / Early Childhood Development Center building will require 33 parking spaces, while the General Use building and Athletic / Locker Room building do not require additional parking spaces as they are accessory buildings and do not increase student population. The 33 additional parking spaces, when added to the parking required for the existing classroom buildings, bring the total required parking spaces to 133 parking spaces, and the site plan depicts the addition of one (1) new handicap parking space to the parking lot, for a total of 190 provided parking spaces, or an excess of 67 parking spaces over the code requirement. The added handicap parking space increases the total provided handicap parking spaces to (ten) 10, three (3) more than the required seven (7) spaces. No additional light poles are proposed, as the previous parking lot addition provided all the necessary lighting fixtures and addressed lighting levels and glare. 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. An additional dumpster enclosure is proposed to be located adjacent to the existing dumpster, near the northeast corner of the parking lot and is situated in such a way to facilitate efficient removal of trash, while being adequately screened from adjacent property by an existing six (6) foot tall hedge. Page 487 of 636 Staff Report — LW Christian School MSPM 15-006 / COUS 15-004 Page 4 4. Utilities, with reference to locations, availability, and compatibility. Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water and sanitary sewer, are available to the site. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The landscape plan (sheets LA -1 & LA -2) depicts all of the perimeter landscaping in place, consisting mainly of Live Oak, Silver Buttonwood and Gumbo Limbo trees, along with Sabal Palm trees, and six (6) and eight (8) foot tall Spanish Stopper hedge material. Landscaping will be added around the foundation of the new structures, consisting of Green Buttonwood trees, Royal, Sabal and Christmas palm trees, as well as Cocoplum, Wax Jasmine and Clusia shrubs. The existing and proposed landscaping should adequately screen and buffer the property. Relative to the public art requirement, the applicant has held several discussions with Debby Cole- Dobay, Public Arts Administrator, to discuss potential ideas and location. The Arts Commission, subsequent to approval of this development application, will conduct the review and approval of the actual art and location. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. No new lighting or signage is proposed with this project, other than accent lighting on the buildings. The existing approved lighting plan was designed to meet all applicable code requirements with no spill over, glare or lighting onto adjacent properties. 7. Required setbacks and other open spaces. The proposed Phase I building (Elementary School / Early Childhood Development Center) would meet all setback requirements of the R -1 -AA zoning district, with the building being setback 50 feet from the south property line abutting Cedar Ridge Estates, and 170 feet from the north property line abutting a single family residence located in unincorporated Palm Beach County. In Phase 11, the proposed General Use Building would be set back 92 feet from the north property line abutting a single family residence located in unincorporated Palm Beach County. The Athletic/Locker Room Building would be set back approximately 30 feet from Cedar Ridge Estates and 210 feet from the north property line abutting a single family residence located in unincorporated Palm Beach County. All proposed setbacks exceed the requirements of the R -1 -AA zoning district. According to the Site Data listed on the Site Plan (Sheet SP -2), the total proposed pervious area of the site is 68.59%. This area consists mostly of the athletic fields, open areas, landscape buffers and areas around the buildings. 8. General compatibility with adjacent properties, and other property in the zoning district. In general, the long-standing use of this site as a school is compatible with the residential uses that surround it. Schools are a conditional use in residential zoning districts, like in this case, R -1 -AA Single -Family. Other than peak drop-off and pick-up hours for traffic, very few vehicular trips occur during the course of the day, other than for special events after school hours. The building colors for the proposed buildings are compatible with the surrounding built environment. The body of the building is proposed to be painted an off-white color: "Dover White" (SW 6385). The trim is proposed as a white: "Pure White" (SW 7005), and the accent color is depicted as a cream color: "Jersey Cream" (SW 6379). Lastly, the roof of the Elementary School / Early Childhood Development Center building is proposed as asphalt shingle to match the adjacent school structures. Page 488 of 636 Staff Report — LW Christian School MSPM 15-006 / COUS 15-004 Page 5 As noted earlier, the building setbacks exceed those required within the zoning district, with three (3) levels of landscape; at the perimeter buffer, in the parking areas and against the building. 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The maximum allowable height for the R -1 -AA zoning district is 30 feet. The Elementary School/ Early Childhood Development Center building is designed as a one-story structure, with the top of the hip roof at 21 feet — 6 inches in height. The proposed height of the General Use building is 30 feet — 0 inches to the roof deck, with a parapet height of 4 feet. As noted, the maximum allowable height forthe R -1 -AA zoning district is 30 feet, measured at the roof deck on flat roofs, as long as the height of the parapet is no more than 5 feet above the deck. The building as designed would meet the code requirements. The proposed Athletic/ Locker Room building is designed as a one-story building, with a small segment designed as two-story. The proposed height of the two-story component is designed at 24 feet — 10 inches to the top of the hip roof. The tallest of the buildings, the General Use building, is located approximately 130 feet from the south property line and has a one-story building intervening. The building is also located 92 feet from the north property line. There is an existing six (6) foot tall hedge along the property lines separating the homes from the school property, as well as existing trees within the 18 and 24 foot wide landscape buffers along the south and north property lines respectively (see photos of buffer as part of Landscape Plan LA -1). The building heights, setbacks and buffering appear compatible and in harmony with surrounding properties. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The proposed addition to the school should have little economic impact on surrounding properties or the City as a whole, but would provide additional elementary school classrooms to this area and the City for those choosing the private school alternative. 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed use zoning district or redevelopment plan. The property is not located within a Mixed Use zoning district or a redevelopment plan. With incorporation of staff comments, the proposed project would comply with all requirements of applicable sections of city code. 12. Compliance with and abatement of nuisances and hazards in accordance with the operational performance standards as indicated in Chapter 3, Article IV, Section 1 of the Land Development Regulations, and the Noise Control Ordinance, and City Code of Ordinances Part Il, Chapter 15, Section 15-8. With incorporation of all conditions and staff recommendations contained herein, the school would operate in a manner that is in compliance with the above -referenced codes and ordinances of the City of Boynton Beach. 13. Required sound study and analysis. All conditional use applications for bars, nightclubs and similar establishments shall include the following analysis performed by a certified acoustic engineer. This is not applicable to the subject request. Page 489 of 636 Staff Report — LW Christian School MSPM 15-006 / COUS 15-004 Page 6 RECOMMENDATION Based on the details contained in the above evaluation and analysis, and compliance with all applicable development regulations, staff recommends APPROVAL of this request, subject to conditions contained within Exhibit "D" — Conditions of Approval. The expiration of the conditional use shall be 18 months, unless applicable building permits are issued or an extension request is filed prior to the expiration. S:\Planning\SHARED\WP\PROJECTS\Lake Woth Chritian School\MSPM 15-006/COUS 15-004\Staff Report.doc Page 490 of 636 Lake Worth Christian School Location Map Exhibit 0 t: 1 E LI a 0 0 `U I Q 0 U �7 L 00 U) K) U) E � O Ln O 0 rO vim �a Qvim a¢Na¢huaiw °- 6- FINN HILL RD � FZ'........... - 0 _ o U O U > $z O a U¢ %- - r i -O - �nZ NJO�V'O� vniN w� U LL N Y �U w Qu'a WO Oa K¢ Q - p� LLO Q w aN ow�m °O,WW OQN o�WO w°O cn Owrv~i¢ZONW¢v~i vim p- wU'OOg Z2N � O aO> OW�p ¢w wOjNLLw�m Ow�LL z� C9 � _ ono° m o<wo°oo�zwwoov�ia oN9u�i�?wz - - g w- _w°oow Uwe w�a'�Oi o�� o'°-"'zzzz-z a - pNLLa KzxOw �XOn XOgpm�+_ OOrc 00 ttn �UFFFFFF �w zaviw (9¢O a < aXQ�w�anaQ ¢¢ ax -MM Om Oa 00�°tt'Ow 4a Owa Ow �O O 00 o II 1 Lnamaa>a ;90 i ®m➢��xva��avav S dS 133HS 33S-3N13H31dW N d ILS }kIOC L i`�-"-`-� ❑ ags ❑ o m � 1 o II 1 Lnamaa>a ;90 i ®m➢��xva��avav S dS 133HS 33S-3N13H31dW o I- ❑Ir ❑ ags ❑ o m � 1 ND � FZ '........... - p rc _ o U.................MINER ROADp - $z p ti O O yG4 UU O� J - - U' F t9� g� wOyrO o0�R50 O wOu�i OJO wz ¢zttaw� uw K¢ Ow�m —x O a OOH �g ¢g Uw KKt9n w0 O�JOO �zti O OQo o�WO WOO cn O�rv~imi Oc+Zwv~i vim po Q�OV� s - -_¢oozm— woo woo w�°>zpiQozwao o 80v~-owc�c�c�c�. o w iLLaw Kdzxw �XOp KOgttm N200¢a 00 ttn m0�----- 2 O O O W a O w a O w g0 ¢ F Q O a w w w w w w p j p H a 0 0 U D WSJ p0� Y 0<0 F zON� F Qz 14 z ?a?m �PQ�p � D � O Lo p � p �a a ! 1 O 00 0- 0 0 00 a w vU, Q 0 1 - 1 1 1 r a o 1 1 1 i C 1 1k -------------- I 1 " 1 �! 1 ee=p 1 3� 1 = 1 _ _ ' �wiuv�a i i 6 1 1 1 1 Z dS 133HS 33S-3N13H31VW 1 1 I 1 i 1 - - ----------- 1 1 ' N I N III II�III 1 I a I a ;I,II 1 I 1 ° 1 1 1 IIFIIL v', II " i --- --- ' 4 `� 1 1 1 Lt 1 1 l� Tj � a I• 1 _ _°r + LO Ln se i w _ -Ji° u3 ° \ L F 1 - 1 1 1 r a o 1 1 1 i C 1 1k -------------- I 1 " 1 �! 1 ee=p 1 3� 1 = 1 _ _ ' �wiuv�a i i 6 1 1 1 1 1 1 I 1 i 1 Iin I 'II III --- 1 1 ' N I N III II�III 1 I a I a ;I,II 1 I 1 ; il; 1 1 IIFIIL v', II " i --- --- ' 4 `� 1 1 - a E 1ECIE — �•_•� ��•---�� -- �� a� + w +, . ,! _& -` 4 d F,- 0 - C):z 0 §§e±»/ yZ LU ® . $ � S®� — ��\ � wS « 6 \ d` dk: � S®� — ��\ � noon ` / c /S. } . / .. �M} wS « 6 \ , \/ \ q ®/a \\) noon ` / c /S. } . / .. �M} om� Ina J' 0 N F ::iz I� o mao� 0 0 0 >�7 � p 0 �LL v � 0 K) 0 3fo u�� 0 ro 0 _- w �a la— O�w-MMERCE RD 3 O J wo u O biz � a � Www Q m o as z �° w °_ o LL s o=o so z w "� z Q Q g� og °&� any w -~ awu a o 6 0 0 0 G G *0 �° w 00 w solve O O O U O O O U U O O d 45 9 FQ �m �Vw 5 �e �E E a sa 3H vale oN is X3 naona sNiisiXE - ooE + Cl z J_ LU Lo W U) LU LU _ U) U) 0 Na=, mea va�oga a QU) az or HW z 0 W oa a 5: a @I ui n W LU Z m W¢el -_� - 0Z0z^�� / d W S¢ 0 0 Lu U) p a a LU W z 3 "e xA AT A• w ^ ZU �� I Z T� y=da01 Q�u�i U w Qx pOW _ �Q ow _ w�OU �~SQOW a 9 E 1015 ea 0 UZI w� �m �Vw 5 �e �E E a sa 3H vale oN is X3 naona sNiisiXE (V - Lo U' _ Na=, mea va�oga j_q,,pnq,iom,(oq 3 H n i o 3 1 1 H O H V 12's Tirlisi-111D 111,10,�N ;)-jiq 1001 L 1110 1 V A I V H a as --K;J--ofIg LU MSI 11 ------------------- --------------- --------------------- -LL ---------- MSI ---------- - - - - - - - - - - - III---------- --------------- ------------ ---- ............ � I Ll F LJ LJ Qe r q I_q ,I,,,nq "H O'H E� V 100112'5 liullsi-111D 111,10,1N ;)-j]L!-1 10 11-01VAM Lu Ne 'I3 `9" ag ❑cnudog })1.()x;)N)INvIsxF60- J1110 • d d A d H looups�►su�� 07-1o aoj�uipjuig.ka� z s o o _ w »a y= x oy 9 o o LU Y Ul z Q LU LU U) Lu Lu 0 1pmq ]�n10]IIHQ�y\ �H ~^ !w © ,wezz \ p � ) 9 ®P} \4 ` \\\ \ 9 i]]§|®a V A VN\ 30:>,w& _�_ , ..., . ,. . .. �2)« \\\ . . . i� � \ , � � ^ � � � �}fA, >` \\ G2 \ 968 Julia Heights Drive Lantana, FL 33462 561.313.4424 Dustin@environmentdesigngroup.com City ofBoynton Beach Planning and Zoning Department 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 IWIMMOR. -aft9t M MOUMMTZKO MMIGINg August 10, 2015 If there are any questions regarding these responses, please give me a call. Thank you. Dustin Mizell, MLA RLA#66667 LEEDO AP 561-313-4424 Page 502 of 636 �0 Dustin Mizell, MLA RLA#66667 LEEDO AP 561-313-4424 Page 502 of 636 *AV :I11.11 M 91 CONDITIONS OF APPROVAL Project Name: Lake Worth Christian School File number: MSPM 15-006/COUS 15-004 Reference: 2nd review plans identified as a Maior Site Plan Modification with an August 11, 2015 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. Prior to issuance of a building permit for building construction, a surety in a format acceptable to the City will be required to be posted to cover the cost of the following: ■ An updated traffic study analyzing the impacts of the additional school traffic along High Ridge Road adjacent to the school property. ■ Design, permitting, and construction costs of a north approach left turn lane on High Ridge Road at the southern driveway X (which is an entrance only) and any additional improvements as required to construct the turn lane per Palm Beach County Engineering Division. The turn lane shall be constructed to provide the required storage length per Palm Beach County Engineering Division standards. The amount of the surety will be 110% of the engineer of record's estimate of the cost for the aforementioned items. 2. Traffic will be re -analyzed during the next peak occupancy of seasonal residents for the surrounding areas after the school reaches maximum attendance of 615 students or upon deficiencies noted by the City Engineer, whichever occurs first. In particular the traffic study should focus on the need to provide the following: ■ A north approach left turn lane on High Ridge Road at the X southern driveway (which is an entrance only). The turn lane shall be constructed to provide the required storage length per Palm Beach County Engineering Division standards. If upon acceptance of the traffic study by the City, the improvements are not warranted and deemed unnecessary by the City Engineer; either the surety will be released or the amount of the surety will be reduced by the amount of the non- warranted/unnecessary items. Page 503 of 636 Lake Worth Christian School (MSPM 15-006/COUS 15-004) Conditions of Approval Paae2of3 DEPARTMENTS I INCLUDE REJECT 3. If warranted by the traffic study or based on observed deficiencies by the City Engineer, the following improvements will be deemed necessary to rectify the deficiencies, and shall be constructed within 180 days, following approval of plans and permits by the City and Palm Beach County. ■ A north approach left turn lane on High Ridge Road at the X southern driveway (which is an entrance only) and any additional improvements as required to construct the turn lane per Palm Beach County Engineering Division. The turn lane shall be constructed to provide the required storage length per Palm Beach County Engineering Division standards. FIRE Comments: None, all previous comments addressed or will be addressed X during permitting. POLICE Comments: None, all previous comments addressed or will be addressed X during permitting. BUILDING DIVISION Comments: 4. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the DART X (Development Application Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. 5. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building X Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. PARKS AND RECREATION Comments: None X Page 504 of 636 Lake Worth Christian School (MSPM 15-006/COUS 15-004) Conditions of Approval Paae 3 of 3 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 6. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- X 007 and Ordinance 05-004 and an affidavit provided to the City Clerk. 7. At time of permit submittal, please revise the site plan, landscape plan and all other appropriate plans to depict location of required public X art. 8. Applicants who wish to utilize City electronic media equipment for recommended PowerPoint presentations at the public hearings must notify the project manager in Planning and Zoning and submit a CD X of the presentation at least one week prior to the scheduled meetings. COMMUNITY REDEVELOPMENT AGENCY Comments: N/A X PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. X CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Lake Worth Christian School\MSPM 15-006/COUS 15-004\COA after P&D.doc Page 505 of 636 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Lake Worth Christian School (MSPM 15-006 / COUS 15-004) APPLICANT: Dustin Mizell, Dustin Mizell Landscape Architecture APPLICANT'S ADDRESS: 968 Julia Heights Drive, Lantana, FL 33462 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 20, 2015 APPROVAL SOUGHT: Conditional Use / Major Site Plan Modification approval of additions of a 13,087 square foot Elementary School / Early Childhood Development Center building, a 13,001 square foot General Use building, and a 6,000 square foot Athletic / Locker Room building to the existing Lake Worth Christian School campus, located at 7592 High Ridge Road, and zoned R1 -AA (Single -Family Residential). LOCATION OF PROPERTY: 7592 High Ridge Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Lake Worth Christian School\MSPM 15-006 COUS 15-004\DO.doc Page 506 of 636 M PUBLIC HEARING 10/20/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/20/2015 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 15-029 - FIRST READING - Approve amendment to Chapter 14, Section 14 -9 --Disabled Parking Regulations to be consistent with Florida Statutes. EXPLANATION OF REQUEST: The amendment will reflect all the subsections listed from the Florida State Statute which will authorize the issuance of tickets to violators who illegally utilize a handicap parking space and/or a handicap placard. The City's existing handicap ordinance does not contain some of the verbiage that is required by the Florida State Statues. With the proposed amendment to the City's ordinance, the City can continue to enforce handicap parking violations and successfully prosecute infractions in traffic court. In addition, as permitted by Florida law, this amendment will allow the City to utilize two-thirds of the fines collected to improve accessibility and equal opportunity to qualified persons who have disabilities and to conduct public awareness programs concerning persons who have disabilities. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This amendment will improve the City's ability to enforce violations in traffic court and will establish an allocation of funds to be used for services for persons who have disabilities. FISCAL IMPACT: Non -budgeted The City would receive the $250 fine. Currently the total $250 fine is deposited into the General Fund. With the proposed amendment, two-thirds of the $250 would be reallocated to a separate account to improve accessibility and public awareness programs. Since all of the fines would no longer be allocated to the general fund, the reallocation would result in a decrease of revenue in the General Fund of about $40,000 to $60,000 per year. ALTERNATIVES: None. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 507 of 636 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Ordinance REVIEWERS: Department Police Finance Police Finance Legal City Manager Description Ordinance amending handicapped parking Reviewer Action Katz, Jeff Approved Howard, Tim Rejected Crawford, Suzanne Approved Howard, Tim Approved Cherof, Jim Approved LaVerriere, Lori Approved Date 8/19/2015 - 1:37 Pl\A 9/1/2015 - 10:32 AM 9/30/2015 - 10:08 AM 1011212015 - 2:24 Pl\A 1011212015 - 3:19 Pl\A 1011512015 - 3:16 Pl\A Page 508 of 636 I ORDINANCE NO. 15- 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AMENDING CHAPTER 14, SECTION 14-9, 6 "DISABLED PARKING SPACE VIOLATIONS" OF THE 7 CITY'S CODE OF ORDINANCES; PROVIDING FOR 8 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WHEREAS from time to time the City's staff reviews its Code of Ordinances to determine whether such ordinances may be made more efficient; and WHEREAS, the Police Department Staff has reviewed Part II, Chapter 14, Section 14- 9 of the Code of Ordinances and determined that the disabled parking regulations needed to be updated to reflect language contained in the Florida Statutes; and WHEREAS, upon the recommendation of staff, the City Commission deems it to be in the best interest of the citizens and residents of the City to amend Part 11, Chapter 14 of the Code of Ordinances, specifically Section 14-9, Disabled Parking Regulations. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach desires to amend Chapter 14, Section 14-9, "Disabled Parking Space Violation" of the City's Code of Ordinance as follows: Sec. 14-9 Disabled Parking Regulations Enforcement of parking requirements for persons who have disabilities. 1 (a) z44i44-)e PARKING Pursuant to Section 316.1955 Florida Statutes it is unlawful for any person to stop, stand, or park a vehicle ` within, or to obst ct, any such specially designated and marked parking space e- z f a4,ed- ovided in accordance with +h too052271.3 306-9001821 }C.AProgram Files (X86)\Neevia.Com\DocconvertemroATemp\NVDC\FB5DC764-5219-49E8-A738- F64229506243\Boynton Beach.21031.BB Handicapped Parking Ordinance.Doc -1- Page 509 of 636 2 4 M 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 i+3ffs. 553.5041, unless st the vehicle displays a disabled parking permit issued pet under s. 316.1958 or s. 320.08487 �;`.°.; :;� or a license plate issued under s. 320.084, s. 320.0842, s. 320.0843, or s. 320.0845, and st the vehicle is transporting a he person s{ � r4 to whom the displayed permit. ke-- -, °. -eqiwh y"' is issued. The violation ay not be dismissed for failure of the marking on the parking space to comply with Florida law if the space is in general compliance and is clearly distingishable as a 1- 1 t r� r1 i a desi nated accessible parkingo-fi*H o .,; .: ; space for people who have disabilities. Only a warning may be issued for unlawfully parking in 4sab: dl p(,- .. 1 1 i a space desi ated for -stwh ez °=-n4,: °:-,4* persons with disabilities if there is no above -grade sign as provided by law. (b) _Whenever a law enforcement officer -of", a parking enforcement specialist or the owner or lessee of the space finds a vehicle in violation of this subsection, that officer n °,. owner or lessor shall have the vehicle in violation removed to any lawful parking space or facility or require the operator or other person in charge of the vehicle immediately to remove the unauthorized vehicle from the parking space. Whenever any vehicle is removed f=� +-4+fefeae, p, m _a . 7under this section to a storage lot, garage, or other safe parking space, the cost of {tl'the removal and parking -sl-'H44 reconstitutes a lien against the vehicle. (c p t (4—, The officer or specialist shall charge the operator or other person in charge of the vehicle in violation with a noncriminal traffic infraction, punishable as provided in s. 316.008(4) or s. 318.18(6). The owner of a leased vehicle is not responsible for a violation of this section if the vehicle is registered in the name of the lessee. ` t • • •11 • I FITMI I • Highway Safety • Motor Vehicles by the clerk of the court.. (e) A law enforcement officer or a parking enforcement specialist has the right to demand to be shown the person's disabled parking -permit and driver license or state identification card when investigating the possibility of a violation of this section. If such a request is refused, the person in charge of the vehicle may be 711 i1 °{ p; a�r4t char e with resisting an officer without violence, as provided tha,4 4i in s. 843.02. �. • Ito iiill!llllllll�i'iil • disabled parking permit or a special license plate, to stand temporarily in any such parkin imposedspace, for the purpose of loading or unloading the person who has a disabilily. A penalty may not be upon the driver for such temporary standing. (4)(a) A vehicle that is transporting a person who has a disability and that has been granted a too052271.3 306-9001821 }C.AProgram Files (X86)\Neevia.Com\DocconvertemroATemp\NVDC\FB5DC764-5219-49E8-A738- F64229506243\Bovnton Beach.2103.1.BB Handicapped Parking Ordinance.Doc i ��:t atut ?, 5�. -2- Page 510 of 636 2 4 M 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 minutes in any parking space reserved for persons who have disabilities. WE M W-11MIN 1 1111,11111 � 1011i I 111 11 CIRII i Statutes, the disabled parking permit placard must be placed in a motor vehicle so as to be visible from the front and rear of the vehicle. Each side of the placard must have the international symbol ot accessibility in a contrasting color in the center so as to be visible. One side of the lacard must display -the apl2licant's driver's license number or state identification card number along with a warning that the applicant must have such identification at all times while using the parking permit. A validation sticker must also be issued with each disabled parking permit, showing the month and year of expiration on each side of the placard. Validation stickers must be of the size specified bv the Department of Highwav Safetv and Motor Vehicles and must be affixed to the disabled parking permits. The disabled parking permits must use the same colors as license plate validations. (3) ILLEGAL USE Any person who fraudulently obtains or unlawfully displays a disabled parking permit that belongs to another person while occupying a disabled parking space or an access aisle while the owner of the per it is not being transported in the vehicle or who uses an altered, tampered or unauthorized replica of such a disabled parking permit with the intent to deceive shall be issued -44hi--a citation Illegal Use and fined $250. It --4i +i+ "-it (4) CONFISCATION A law enforcement officer or a parking specialist is authorized to confiscate the disabled parking permit S-, ff `tan erson who fraudulently obtains or 4 1 + , e - awfully uses such a perm t. A law enforcement officer or hi -parking -44 w-pft,44 ��enforcement specialist ay confiscate any disabled parking permit VIaeaFdj!jLt is A fired, reported as lost or+tg+-w-44 4i�(J-eff4h 41t, ti"ate °. stolen, defaced, does not display a I identification number. (5) OUT OF STATE Pursuant to Section 316.1958, Florida Statutes, motor vehicles. displayin_ a special license plate or parkin- permit issued to a person who has a disability by ,any other state or district subject to the laws of the United States or by a foreign country th issues disabled parking permits that display the international symbol of accessibility are recognized as displaying a valid license plate or permit, if the other state or district grants reciprocal recognition for residents of this state who have disabilities. However, when an individual is required by law to have a Florida driver license or a Florida vehicle registration, $M41 t I I a 1 4 4 1 1 40 memo t00052271.3 306-9001821 )C:\Program Files (X86)\Neevia.Com\DocconverteMro\Te=\NVDC\FB5DC764-5219-49E8-A738- 64229506243\BovntonBeach.2103.1.BB Handicapped Parking Ordinance. -3- Page 511 of 636 2 4 M 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 i # i i • • i • 1161WIMMU determiningmay not ticket a vehicle for a violation without first transl2orting a resident of i is the owner of out-of-state placard. (6) ASSESSMENT S AND USES�.1�� r1 11 a ... A violation of section 316.1955, lorids Statutes shall be deemed an infraction, the fine for which shall be two hundred fifty dollars ($250.00). Penalties for late payment of fines shall be assessed pursuant to Florida Statutes section 318.18. The sums collected pursuant to this section shall be used in the followingmanner: the provisions of the Florida i parking violations. Two-thirds to be used to provide funds to improve opportunily to qualified physically disabled persons in the county and to provide funds to conduct public awareness programs•concerning physically disabled any other penalties set forthw 318, and 320•Florida Statutes. i 316.18 Flori4a Statutes. as mav be amen,te,i Section 3. Each and every other provision of the City of Boynton Beach Code of Ordinances not herein specifically amended, shall remain in full force and effect as originally adopted. Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 38 remainder of this Ordinance. 39 Section 6. This Ordinance shall become effective immediately. too052271.3 306-9001821 }C.AProgram Files (X86)\Neevia.Com\DocconvertemroATemp\NVDC\FB5DC764-5219-49E8-A738- F64229506243\Boynton Beach.21031.BB Handicapped Parking Ordinance.Doc -4- Page 512 of 636 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 FIRST READING this day of , 2015. SECOND, FINAL READING AND PASSAGE this day of , 2015. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) YES NO too052271.3 306-9001821 }C.AProgram Files (X86)\Neevia.Com\DocconvertemroATemp\NVDC\FB5DC764-5219-49E8-A738- F64229506243\Boynton Beach.21031.BB Handicapped Parking Ordinance.Doc -5- Page 513 of 636 9.C. PUBLIC HEARING 10/20/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/20/2015 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 15-030 - FIRST READING - PUBLIC HEARING - Approve amendments to the Land Development Regulations (LDR), Part 3, Zoning, Article IV. Use Regulations, Section D, Use Matrix & Notes that support continued operation of existing gas stations in desirable locations within the City by, in part, changing the permitted and conditional use status for Gasoline Stations within the C-2, C-3, C-4 and PCD Zoning Districts, and the addition of Gasoline Stations as an allowed use within the Planned Industrial Development (PID) Zoning District. Applicant: City initiated. EXPLANATION OF REQUEST: This evaluation of the City's longstanding regulations on gas stations was a directive of the City Commission and is represented by Strategic Initiative Action Item No.1.5. Initially prompted by the desire of a local business operator to expand his convenience store to include the sale of gasoline, this interest was withdrawn midway through the staff analysis. There are a total of 18 gas stations within the city and one-half of them are legal non -conforming uses and/or structures by the above-described location and/or zoning standards. Legal non -conforming uses may continue in perpetuity, and can undergo basic maintenance to maintain the operation of the business. However, such uses are restricted annually by the dollar value of physical improvements (no greater than 25% of the value of the property), and if such businesses were damaged or destroyed by a fire or major storm event for example, they could not rebuild to reopen the respective non -conforming uses. The nine (9) legal non -conforming stations are located inconsistent with the current intersection standard and/or not zoned for said uses i.e. (Planned Industrial Development (PID) or Central Business District (CBD)). Three stations are zoned PCD which allows gas sales, but in accordance with design standards that essentially require gas sales to be accessory to a large principal retail business (e.g. BJ's Wholesale Club). One (1) of these two (2) stations does not satisfy such requirements and was approved and developed prior to adoption of such regulations. Ten (10) stations meet the 200 foot separation requirement (from a residential structure), leaving 8 stations that are deficient by this standard. Lastly, excluding those stations within Planned Commercial Developments, no existing station is located on a parcel that complies with the minimum lot area and frontage requirements of the LDR. If existing non -conforming stations are desirable and not intended to be phased out over time, the LDR should be amended to increase the number of "conforming" businesses and possibly, allow new stations to be sited in areas void of or distant from existing stations where appropriate zoning exists for such uses. Staff proposes the following code amendments to maximize the presence and disbursement of stations that conform to the City's LDRs. Proposed Amendment #1 — Eliminate the requirement for gas stations to be limited to 4 -lane, 4 -way intersections, and simply restrict them to properties at an arterial -arterial intersection or arterial -collector intersection (excluding those stations approved within a Planned Commercial Development), and omit the diagonal requirement to allow flexibility and recognize the limited availability of land at any given intersection (but maintain the limit of two (2) stations per intersection.) Proposed Amendment #2 — Omit the minimum 200 foot separation requirement (from residential land uses), Page 514 of 636 and instead, limit conditional use status to those uses that do not, or would not meet the 200 foot separation requirement. Proposed Amendment #3 — Add gas stations to the list of allowed uses in the PID Zoning District (limited to Quantum Park as it's the only PID with frontage on an arterial roadway). Proposed Amendment #4 — Allow gas stations accessory to a principal retail use (i.e. big box store) regardless whether it is zoned PCD or C-3, as long as the minimum project size is achieved and all site standards (i.e. pump separation and setbacks) are met. This would allow a Walmart Store to sell gasoline similar to BJ's if all site development standards are met. Proposed Amendment #5 — Define "intersection" to include 1-95 interchanges. It is common for such uses to locate at interchanges with limited access roadways such as 1-95 and therefore it is wise for the city to maintain gas sales in the vicinity for local residents, employees and visitors. Proposed Amendment #6 — Exempt existing gas stations from the non -conforming building and structure restrictions (i.e. those not meeting the minimum lot frontage or area requirements) to allow for business expansions, routine maintenance or even reconstruction. The cumulative result of the proposed amendments is the reduction of nine (9) non -conforming gas stations to two (2). The remaining two (2) sites include the Chevron at Boynton Beach Boulevard and US -1, and the Marathon Station at 302 W. Boynton Beach Boulevard. These two stations are located with the newly established transit area within the CRA. This area is being intended to accommodate higher densities and intensities of land uses, and corresponding land development regulations should support mass transit, greater pedestrian access and amenities, and transit oriented development (TOD). Such a regulatory structure and system should discourage automobile dependency and therefore businesses that are automobile -dependent. However, further consideration of such non -conforming uses shall be included as part of the consolidation and update of the CRA Plans. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None recommended. STRATEGIC PLAN: Great Neighborhoods: Safe, Affordable and Livable STRATEGIC PLAN APPLICATION: 2015 Strategic Initiative Action Item 1.5 "LDR Gas Stations". CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Page 515 of 636 Type D Addendum D Addendum D Addendum REVIEWERS: Department Reviewer Planning & Zoning Rumpf, Michael Development Mack, Andrew Planning & Zoning Rumpf, Michael Development Mack, Andrew Planning & Zoning Rumpf, Michael Development Mack, Andrew Planning & Zoning Rumpf, Michael Development Mack, Andrew Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description Ordinance approving amendment to LDRs on Gas Station Staff Report Zoning Matrix Note No, 46 - Use Standards Zoning Matrix Action Date Approved 10/2/2015 - 2:31 PPA Rejected 10/5/2015 - 8:26 AM Approved 10/5/2015 - 9:01 AM Rejected 10/9/2015 - 9:56 AM Approved 10/9/2015 - 10:02 AM Rejected 10/9/2015 - 12:28 PPA Approved 10/9/2015 - 12:35 PPA Approved 10/9/2015 - 4:32 PPA Approved 10/12/2015 - 10:15 AM Approved 10/14/2015 - 1:22 PPA Approved 10/15/2015 - 3:18 PPA Page 516 of 636 I ORDINANCE NO. 15- 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 5 FLORIDA APPROVING AMENDMENTS TO THE LAND 6 DEVELOPMENT REGULATIONS, PART 3, ZONING, ARTICLE 7 IV, USE REGULATIONS, SECTION D, USE MATRIX & NOTES 8 ALLOWING CONTINUED OPERATION OF EXISTING GAS 9 STATIONS IN COMPATIBLE AND DESIRABLE LOCATIONS 10 WITHIN THE CITY; CHANGING THE PERMITTED AND 11 CONDITIONAL USE STATUS FOR GASOLINE STATIONS 12 WITHIN THE C-2, C-3, C-4 AND PCD ZONING DISTRICTS; 13 ADDING GASOLINE STATIONS AS AN ALLOWABLE USE 14 WITHIN THE PLANNED INDUSTRIAL DEVELOPMENT (PID) 15 ZONING DISTRICT AND EXEMPTING EXISTING GAS 16 STATIONS FROM CERTAIN NON -CONFORMING BUILDING 17 AND STRUCTURE REGULATIONS; PROVIDING FOR 18 CONFLICTS, SEVERABILITY, CODIFICATION AND AN 19 EFFECTIVE DATE. 20 21 22 WHEREAS, staff s evaluation of the City's longstanding regulations on gas stations 23 was a directive of the City Commission and is represented by Strategic Initiative Action Item 24 No. 1.5; and 25 WHEREAS, staff is proposing code amendments to maximize the presence and 26 disbursement of gas stations that conform to the City's Land Development Regulations; and 27 WHEREAS, the City Commission finds it to be in the best interest of the citizens 28 and residents of the City to approve the recommendations of staff and amend the Land 29 Development Regulations as reflected herein. 30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 32 Section 1. The foregoing whereas clauses are true and correct and are now ratified 33 and confirmed by the City Commission. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\0340477E-F48A-45EE-909A-872A3A4D3444\Boynton Beach. 2125.1. Gasoline—Station—Ordinance. doc 1 - Page 517 of 636 34 Section 2. Chapter 3, Article IV, Section 3.13 Matrix Note No. 46 of the Land 35 Development Regulations is hereby amended as follows: 36 LDR Ch. 3, Art. IV, Sec. 3.D (Matrix Note No. 46) 37 46. Gasoline Station. 38 a. All Districts. 39 (1) Location. Gasoline stations,lirFiri i irl�l 1i iC>ri�i.iri 40 p r1 are only allowed on properties located at v3- vay )r 4 -way 41 intersections involving ai'terial and collector road rights-of-way-ee i - 42 as designated by the Comprehensive Plan, excluding local streets iiri iille . 43 l il.i-rchl1.li 2e with 1-95 are included as elhaiblc intersections, ns, Elis,ible at an 44 intersection with 1-95 include the first ILjgici_l directly �� t, i �. ��f th to i riil� i.ii�tirrii rid. of 45 the 1-95 int rclian e, This liia also be defined as the first—.arcel with f}i�1ge on 1n access 46 fiom the ai't riiil rad (flan( intersects with the 1-95 iii. ht- f -waw A maximum of two (2) 47 gasoline stations shall be allowed at each intersectionad-1erez A 48 convenience store with retail gasoline sales is considered to be a gasoline station and is 49 therefore, restricted to these location requirements. 50 (2) Lot Size. Minimum lot size: thirty thousand (30,000) square feet. 51 (3) Frontage. Minimum street frontage: two hundred twenty-five (225) feet on each 52 frontage measured from the intersecting right-of-way lines of the public streets. 53 (4) Access. 54 (a) Only one (1) access driveway is allowed from each major street frontage. 55 Driveways shall be located a minimum of fifty (50) feet from the intersection unless county 56 or state standards require a greater distance; 57 (b) Driveways shall be a minimum of thirty (30) feet and a maximum of forty-five 58 (45) feet in width; and 59 (c) Driveways shall not be located less than thirty (30) feet from any interior 60 property line. 61 (5) Setbacks. 62 (a) No canopy shall be located less than twenty (20) feet from any property line; and 63 (b) No gasoline pump island shall be located less than thirty (30) feet from any 64 property line. 65 (6) Storage. No outside storage of materials, parts, and no overnight storage of 66 vehicles outside. 67 (7) Design. Pursuant to Chapter 4, Article III, Section 3.G.4., all gasoline stations 68 located on designated out -parcels to shopping centers, business centers, or other planned 69 commercial developments shall conform in design to the approved design plan of the 70 principal center. 71 (8) Landscaping. See landscaping standards in Chapter 4. 72 (9) Lighting. See lighting standards in Chapter 4. 73 (10) Except for where otherwise approved on a master sign program, gasoline stations 74 shall only be permitted to advertise on signage located within the property boundaries. 75 r than two lrtliidre 76 �t)t;) fi i ; fi"t,}li"i 1, l t,}Liili 1,i` t}f' i, i"i iiPi ri i i.� t,}iiiii? iPistric. Distances ft,}i �.11C l"4�1i14t,}yC (}f �11i C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\0340477E-F48A-45EE-909A-872A3A4D3444\Boynton Beach. 2125.1. Gasoline -Station -Ordinance. doc 2- Page 518 of 636 77 subsection shall be measured fiµt, iii the i li 1>wi, t,}liiiC 1"4Lliii 4 i land or cant. 1"4 78 ntial or mixed-use zonin,,2; district, 79 r l l;:it}ii C is.iila siit}i" lt,} 1,i1"'iCi"itli"'iCi"i. f lil se feU' lIa ions that is located on al, 80 lot that does not confCi`m to the-jin:Ypert 81 defined in Section i i of this .1'g_-sk i, li"lgN )e eiila e-d- ex jan dv iCct, n strUcted or restored 82 without limitation based on 14erce it of-L)lll is lon"I as ffie iilawilimde offfie noll- 83 i; Olif i lYii l i s iiC( 'Oi serl d by-LI-1 11 C ililpro yeryi n. 84 b. C-2 District, C-3 District, and C-4 District. 85 (1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; 86 and automotive window tinting/stereo installation/alarms are allowed as accessory uses to 87 gasoline stations. 88 (2) Setbacks. Except for properties located within the Urban Commercial District 89 Overlay Zone, the following building setbacks shall apply to all structures on the property 90 including the primary structure, or any accessory structures such as car washes or above- 91 ground storage facilities. 92 (a) Building front (and side corner) - 35 feet; 93 (b) Building side - 20 feet; 94 (c) Building rear - 20 feet; 95 (d) Automated car wash. The entrance to an automatic car wash shall be setback no 96 less than seventy-five (75) feet from the street in order to provide for an area of vehicular 97 queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all 98 water used in the car washing process. 99 100ir.iiilµ 101 102 fe_-Si4ef44l, 103 "tit, ns as stated al,iio\} e under 104 1'. When a gas station is a c ssOilaid use and when all 105 i Ilii"Ci"il li a,-.ji.4li able to the PCD District icf al re satisfied, 106 c. PCD District. 107 (1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; 108 and automotive window tinting/stereo installation/alarms are allowed as accessory uses to 109 gasoline stations. 110 (2) Setbacks. The following building setbacks shall apply to all structures on the 111 property including the primary structure, or any accessory structures such as car washes or 112 above-ground storage facilities. 113 (a) Building front (and side corner) - 35 feet; 114 (b) Building side - 20 feet; 115 (c) Building rear - 20 feet; 116 (d) Automated car wash. The entrance to an automatic car wash shall be setback no 117 less than seventy-five (75) feet from the street in order to provide for an area of vehicular 118 queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all 119 water used in the car washing process. 120 (3) Separation.- No gasoline pump island shall be located less than two hundred 121 (200) feet from any public right-of-way. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\0340477E-F48A-45EE-909A-872A3A4D3444\Boynton Beach. 2125.1. Gasoline -Station -Ordinance. doc 3- Page 519 of 636 122 la'+ieH-sl H414-) dw- 123 ": s d . a. 4I l fstr+fe li l µ 1h : :' uFp -s&-s 411 sub- e 6 sI -'H ) . ,. +-�&su d4f-+ . ,. 124 125', 126 ions as stated abo� e under 127 ss _"tior ` ai,.' I "', Lises within the PCD District is shall iired to cotTi"l"4Iy with the 128 location standard r described aboye in Subs ctiOii ,:aiJ 129 existence Erior to the ado.1sfion of 130 these IVULIlai:(i6, ns stall not be deerned non-i;onfbi"i"nin to the coi"i..Cs,pondin,, site standards if 131 located in con- l"4 la nce with the cali n il11 standard stated ao: in sectio l .,a". 132 (-'��) Relief from Standards. Waivers from the following standards may be granted in 133 accordance with Chapter 2, Article 11 by the City Commission for existing projects annexed 134 into the city, when the regulation cannot be fully complied with, but where the intent of the 135 LDR is met: 136 (a) Section 3.D.46.a.(5)(a) above; 137 (b) Section 3.D.46.a.(5)(b) above; 138 (c) Section 3.D.46.c.(3)(a) above; or 139 (d) Section 3.D.46.c.(3)(b) above. 140 The applicant shall provide justification of the waiver and submit a mitigation plan off - 141 setting the impact. 142 d. MU -L3 District and MU -H District. 143 (1) Use(s) Allowed. A convenience store is allowed as an accessory use to a gasoline 144 station. 145 (2) Setbacks. 146 (a) Building setbacks shall meet those required by the applicable zoning district. 147 (b) Canopy structure over the fuel pumps shall be located either to the side or rear 148 of its associated principal building. 149 i-. PIS District This non -industrial use ;shall be allowed within the PIS district t 150 r-.jro; ided it is located on a lot with a Mixed Used (MU) land use ODtion and at an intersection 151 that wouldsatisfy the location i"i d.iilii"i 11"11 ills of this note, 152 I (._izsi" si AlloNN'ed: i; , it 'Crlii ilde i s16, 1 i _ itl 6 . de i,1 ± i s 1, itl 6, iY16, [ 'i , iYlii16, 1.. 1"i is iil..ry 153 and aiutotnoti � e window tintiiiu/ st r o iiistalla tion "a lalin s are allowed as ecce ssory Uses' o 154 &a` oIiIIe- ` tai:CIoI'Is, 155 `� Setbacks, E-Lce-.I,st for 1 strict 156 Oyerlayr rI fie f i I -iii> i uiI diil>i .e��s shal I YpI all sti-LIQ tIffe-S, oirlie 157 including (hi 1:4111Y1 i,i"� slruie �tlli r �,�1 i,i'i� i,de dei s s�,�l � sliti tures such as car washes s o ai,iao\� - 158 �u>.,ioun Molage iaciliCles, 159 (a ui diila, Ir(,)nt iaind slim coi"ill-ri - -35 feet,, 160 (b L B11iIdiInI amps - 0 feet;: 161 (i Building i"esu - 10 feet,, 162 (d) Automated ted lea r wash, The entrance to an automatic car wash shall be setback no 163 less (Balli se\' ii( -f[y'C } feet ficin the street in Order (O t)ro\ id f i an area of V' hiculaii 164 lli Viii.>: i iai.lekiii >i. r it ai.lelei , i" ails r`is i.i 'i. li 11all be fiillautomatic and iecvcle all 165 water r use iii the car wai,shiii`'t--.jr }s,es 166 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\0340477E-F48A-45EE-909A-872A3A4D3444\Boynton Beach. 2125.1. Gasoline -Station -Ordinance. doc 4- Page 520 of 636 167 Section 3. All prior ordinances or resolutions or parts thereof in conflict herewith 168 are hereby repealed to the extent of such conflict. 169 Section 4. If any section, sentence, clause, or phrase of this Ordinance is held to be 170 invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no 171 way affect the validity of the remaining portions of this Ordinance. 172 Section 5. It is the intention of the City Commission of the City of Boynton Beach, 173 Florida, that the provisions of this Ordinance shall become and be made a part of the City of 174 Boynton Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or 175 re -lettered and the word "ordinance" may be changed to "section," "article," or such other 176 appropriate word or phrase in order to accomplish such intentions. 177 Section 6. This Ordinance shall be effective immediately after adoption by the City 178 Commission on second reading. 179 FIRST READING this day of , 2015. 180 SECOND, FINAL READING AND PASSAGE this day of , 2015. 181 CITY OF BOYNTON BEACH, FLORIDA 182 183 YES NO 184 185 Mayor — Jerry Taylor 186 187 Vice Mayor — Joe Casello 188 189 Commissioner — David T. Merker 190 191 Commissioner — Mack McCray 192 193 Commissioner — Michael M. Fitzpatrick 194 195 196 VOTE 197 198 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\0340477E-F48A-45EE-909A-872A3A4D3444\Boynton Beach. 2125.1. Gasoline_Station_Ordinance.doc - 5 - Page 521 of 636 199 ATTEST: 200 201 202 203 204 Janet M. Prainito, MMC 205 City Clerk 206 207 208 209 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\0340477E-F48A-45EE-909A-872A3A4D3444\Boynton Beach. 2125.1. Gasoline—Station—Ordinance. doc 6- Page 522 of 636 RE: Gas Stations Regulations (CDRV 15-003) — Proposed amendments t* the Land Development Regulations (LDR), Part 3, Zoning, Article IV. Use Regulations, Section D, Use Matrbr & Notes that support continued operation of existing gas stations in desirable locations within the City by, in part, changing the permitted and conditional use status for Gasoline Stations within the C-2, C-3, C-4 and PCD Zoning Districts, and the addition of ' Gasoline Stations as an allowable use within the Planned Industrial Development (PID) Zoning District. Applicant: City -initiated. Strategic Initiative Action Item No. 1.5. This evaluation of the City's longstanding regulations on gas stations was a directive of the City Commission and is represented by Strategic Initiative Action Item No. 1.5. Initially prompted by the ,t.-"-nfq,r tw n -r -r.9 -rd !iq +1r; 6=03 @F1, 11 There are the following four (4) main aspects of the City's gas station regulations as adopted in the Land Development Regulations (LDR), Part 3. Zoning, Article IV. Use Regulations, Section D. Use MajrL7r& Notes: e Location — Limited to 2 comers (cater -comer) of a 4 -way intersection each having a • Zoning — Allowed in C-2, C-3, C-4, PCD, MU -L3 and MU -H, all as conditional uses; • Minimum separation from residential structure — 200 fed; and • Minimum lot size & frontage — 30,000 sq.ft. and 225 feet. I I - Page 523 of 636 with amendments that subsequently go into effect for the same location. Legal non -conforming uses may continue in perpetuity, and can undergo basic maintenance to maintain the operation of the business. However, such uses are restricted annually by the dollar value of physical improvements (no greater than 25% of the value of the property), and, most significantly, if such businesses were damaged or destroyed by a fire or major storm event for example, they could not rebuild to reopen the respective non -conforming uses. The nine (9) legal non -conforming stations are located inconsistent with the LDR location restriction that limits them to intersections of 2 roads with 4 or more lanes each, or within a Planned Commercial Development (PCD) zoning district in accordance with the design restrictions as stated in the LDR for such master planned developments. In addition to being "non -conforming" by virtue of the intersection standard, two (2) of these non -conforming stations are also not zoned for gas sales, being zoned Planned Industrial Development (PID) or Central Business District (CBD). Three stations are zoned PCD. As indicated above, the PCD zoning district allows gas sales, but in accordance with design standards that essentially require gas sales to be accessory to a large principal retail business (e.g. BJ's Wholesale Club). One (1) of these two (2) stations does not satisfy such requirements and was approved and developed prior to adoption of such regulations. Ten (10) stations meet the 200 foot separation requirement (from a residential structure), leaving 9 stations that are deficient by this standard. The staff analysis did not include the historical research necessary to determine which stations have received conditional use approval; however, this conditional use status for gas stations has been in the LDR for over 30 years. Lastly, excluding those stations within Planned Commercial Developments, no existing station is located on a parcel that complies with the minimum lot area and frontage requirements of the LDR. Based on the limitations of Section 11(B) of Chapter 3 of the LDR, uses located on properties that do not meet the development regulations (i.e. minimum lot area and dimensions, maximum lot coverage, setbacks, etc.) cannot expand or rebuild without bringing the property or site into compliance. It should be noted that all 18 gas stations are located with frontage on an arterial classified roadway, which is the highest classification of roadways in the City (excluding I-95). Arterial roads include Congress Avenue, Hypoluxo Road, Gateway Boulevard (approximately between Congress and I-95), Boynton Beach Boulevard, Woolbright Road and Federal Highway. If existing non -conforming stations are desirable and not intended to be phased out over time, the LDR should be amended to increase the number of "conforming" businesses and possibly, allow new stations to be sited in areas void of or distant from existing stations where appropriate zoning exists for such uses. Proposed Amendments to LDR The following proposed amendments were based on the objectives of identifying existing, or possible gas station locations that do not, or would not, involve incompatible land uses; maximizing the number of conforming businesses that sell gasoline; identifying areas that could be better served by such businesses relative to areas within the City that are adequately served; accommodating possible expansions of existing stations that increase needed services or products to the immediate neighborhood; and considering whether any proposed amendments to the LDRs could lead to a proliferation of gas stations in any one area thereby representing an opportunity cost (i.e. less land available for other needed businesses within the City). The proposed amendments are generally Page 524 of 636 should not be construed to be non -conforming with the corresponding site standards if the location meets the proposed intersection standard described above. Effect — This would increase the conforming status of two stations within the PCD Zoning District that were approved within the corresponding master plans prior to adoption of those current PCD provisions describe above. Such stations could more easily be improved and expanded without complications caused by the lack of conformity with the current and more stringent PCD design standards. This amendment would also allow for the addition of gas sales at Walmart stores that are not located at a required intersection. In the early `90s Walmart partnered with Murphy USA, the retail store established by Murphy Oil Corporation, to sell gasoline along with the many other goods and services provided from a single location. Proposed Amendment #5 — Add an additional exception to the intersection location requirement, to allow for the operation of gas stations at Boynton Beach Boulevard at the I-95 interchange. This exception could be written to allow stations within a minimum specified distance of the interchange with 1-95, despite it not being a typical "intersection". It is common for such uses to locate at interchanges with limited access roadways such as I-95 and therefore it is wise for the city to maintain gas sales in the vicinity for local residents and employees, as well as outside travelers. This provides a reason to exit I-95 at the City of Boynton Beach and this point is further strengthened when considering that the location of the existing gas station is situated between I-95 and the popular shopping hub at and around the Boynton Beach Mall. Effect — This amendment would change the legal non -conforming status of one (1) gas station to conforming status. Proposed Amendment #b — Although there is potentially an internal discrepancy in the LDR regarding the ability to improve or rebuild an existing building on a property that doesn't comply with the property and site regulations, staff recommends the addition of an exemption provision for existing gas stations to allow for business expansions, routine maintenance or even reconstruction if damaged by a major storm event. Effect — As indicated above, no existing gas station occupies a parcel that complies with the minimum site and development standards (e.g. minimum lot area and dimensions) of the LDR. The proposed amendment would enable the 16 stations that are "conforming uses" (either originally conforming uses or as a result of the proposed amendments) to expand and rebuild as part of routine maintenance or if damaged by any cause. ADDITIONAL FINDINGS, RECOMMENDATIONS AND CONCLUSIONS The cumulative result of the proposed amendments is the reduction of nine (9) non -conforming gas stations to two (2). These two (2) sites include the Chevron at Boynton Beach Boulevard and US -1, and the Marathon Station at 302 W. Boynton Beach Boulevard. The Chevron Station is remains non- conforming by zoning classification, being zoned Central Business District (CBD), and the Marathon Station is zoned for gas sales but isn't in compliance with the existing or proposed intersection standards. These two stations are located with the newly established transit area within the CRA. This area is being intended to accommodate higher densities and intensities of land uses, and corresponding land development regulations should support mass transit, greater pedestrian access and amenities, and transit oriented development (TOD). Such a regulatory structure and system should discourage -4. Page 526 of 636 automobile dependency and therefore businesses that are automobile -dependent. However, outside the with the vision for mixed-use development and the City's Community Redevelopment Plans. Therefore staff recommends that the Central Business District (CBD) regulations not be amended at this time to allow gas sales, and both stations remain legal non -conforming uses while the CRA Plans are being consolidated and updated for possible land use recommendations that may affect the subject uses and properties. As for increasing the availability of sites for new stations within the City, although there are currently three (3) qualifying major intersections within the city that are void of any gas stations (based on the current intersection standard), and an additional 13 intersections that become eligible under the proposed amendment to the existing intersection standard, there is not undeveloped property, or the necessary zoning in place to accommodate a gas station at most of these locations. With respect to existing deficiencies, staff has identified the South Congress Avenue corridor as one of the areas void of a gas station represented by nearly a 2 -mile stretch of Congress Avenue between the nearest gas station at WIR` lbright Road and the southern boundary of the City. That distance increases to over 3 Y2 miles when considering that the nearest station to the south in the Ciu,_, of D%M,71-B is at Atlantic Avenue. Staff considered amendments that would allow such uses in this area; however, without a major intersection available and eligible zoning, there is not a simple code amendment that would allow the use without deviating from the intersection standard that is the principal mechanism for dispersing and regulating the locations of gas stations in the City. Although land is not available anyway, if desired, it is possible to make an exception to the intersection standard for a gas station within the M- I Zoning District which fronts an arterial roadway. The M- I Zoning District would be amended accordingly, and it would open up the approximately 3,400 feet of Congress Avenue in this area for gas sales. Again, there is no vacant property under M-1 Zoning so redevelopment would be a prerequisite and the properties in the area are fairly established and in need by the local service industry. Staff notes that N. Congress Avenue, between Boynton Beach Blvd and Hypoluxo Rd., is also void of gasoline sales, and exceeds 3 miles in length. However, unlike S. Congress Avenue, there currently exist two (2) intersections that are eligible for gas sales, and an additional intersection that would become eligible for gas stations under the proposed amendments. Of course it must be noted that the existing and future intersections noted herein are developed and not available for new construction without major redesign and/or redevelopment of existing shoppingcenters. I ITF1111111 MUM, 4 �11 I - M IMITIMM •I? M Page 527 of 636 Page 528 of 636 EXHIBIT — Use Matrix Note 46 LDR Ch. 3, Art. IV, Sec. 3.D (Matrix Note No. 46) 46. Gasoline Station. a. All Districts. (1) Location. Gasoline stations r.t r,1 "s 111 rc.E11 r is r.11. 1 rP l )E11 1 r1 ctrl r.)t.r1w { P i A al- z z are only allowed on properties located at -3" -way or 4 -way intersections involving arterial an collector road rights-of-way-e4,-_+mas designated by the Comprehensive Plan, excluding local streets and alleys. sections, Eligible n X1).11 1-95 in lu e 11e 1rr ,l.sarcel diretf[V west or east of the toe errtbankrrrerl) of the 1-95 interchanue, This rnav also be defined as the first parcel with ftontaue on and access 1rom the arterial road t , hat intersects with the 1-95 riulit-of-wav, A maximum of two (2) gasoline stations shall be allowed at each A convenience store with retail gasoline sales is considered to be a gasoline station and is therefore, restricted to these location requirements. (2) Lot Size. Minimum lot size: thirty thousand (30,000) square feet. (3) Frontage. Minimum street frontage: two hundred twenty-five (225) feet on each frontage measured from the intersecting right-of-way lines of the public streets. (4) Access. (a) Only one (1) access driveway is allowed from each major street frontage. Driveways shall be located a minimum of fifty (50) feet from the intersection unless county or state standards require a greater distance; (b) Driveways shall be a minimum of thirty (30) feet and a maximum of forty-five (45) feet in width; and (c) Driveways shall not be located less than thirty (30) feet from any interior property line. (5) Setbacks. (a) No canopy shall be located less than twenty (20) feet from any property line; and (b) No gasoline pump island shall be located less than thirty (30) feet from any property line. (6) Storage. No outside storage of materials, parts, and no overnight storage of vehicles outside. (7) Design. Pursuant to Chapter 4, Article 111, Section 3.G.4., all gasoline stations located on designated out -parcels to shopping centers, business centers, or other planned commercial developments shall conform in design to the approved design plan of the principal center. (8) Landscaping. See landscaping standards in Chapter 4. (9) Lighting. See lighting standards in Chapter 4. (10) Except for where otherwise approved on a master sign program, gasoline stations shall only be permitted to advertise on signage located within the property boundaries. 11) t r. lisle r. t 11 llrrll lie .ser rrli e u e if' located ureater t,h n two hundred (2(-')(-')) feel fiom a b and ry of'a residential zninu, district, Distances f r th(e burl:) Se of this, Subsection shall be measure fi.om )11e r l e r.. lisle .srr rlls island r.t1rP . r canopy l"sw f 11e >asoline station to the closest borrrrdarof the residential or mixed-use onit'n,' district, �'t ):r.)t, t1 i :ltr` 1"sri r r.rrr ttrPtrr tr) , f ).ErSe re,�trla).ion that is located on a lot that does no to of r'tlr1 to the 11rr()lse1'tV ey�ehlnnerq re -1 -ILII t. i ns of the zttinLrdistrict,as defined in Section C i of his Cha, vi)Eouliritation based gn l„trsrrrof lar 1p r rrlue, rr. X 11 �r. 11e 1r1�r>r1i u e f 11e r1 r1-collf i'mity is not worsened lav the 11111rr" V eaten . b. C-2 District, C-3 District, and C-4 District. (1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; and automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations. (2) Setbacks. Except for properties located within the Urban Commercial District Overlay Zone, the following building setbacks shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above -ground storage facilities. (a) Building front (and side corner) - 35 feet; (b) Building side - 20 feet; (c) Building rear - 20 feet; Page 529 of 636 (d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy-five (75) feet from the street in order to provide for an area of vehicular queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water used in the car washing process. � - {s ; i 4,,44 e 1 � ik4 -4_ i� - _ ... sI -rt �tfH. ` :: ,4, 1w mss+ f4h suk +ie 41144-)e -wi- .'- -i e1- s " Wherr a ,.wrr.s stc,r: i rr is rr.ccess ry to rr.lsrirrreiD l retail use and when all rr s uirr"rrrr"rrls �rl:rlrlrcable to the IAC District are a i fieri, c. PCD District. (1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; and automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations. (2) Setbacks. The following building setbacks shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above -ground storage facilities. (a) Building front (and side corner) - 35 feet; (b) Building side - 20 feet; (c) Building rear - 20 feet; (d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy-five (75) feet from the street in order to provide for an area of vehicular queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water used in the car washing process. (3) Separation. 4i No gasoline pump island shall be located less than two hundred (200) feet from any public right-of-way. . dkei , 441 :, (41) Exce:s.i, rr r r:iIli rem ent fbi Ioca ion at istated abo under section ""a, (1)" Uses within the C District shall not be r s uiret-d reoll" aly wihth loreati rr st�rnd r �s rile rr.br in, Isubser lion ,:,:'r..�I rr >rr� r. i, rr lrrr.11 rr, lir r r rrrr l rr, rr-re rrf, rrrrirr w lrr e r.r..r lr, rr lirr > i r r.rrdarels if'located in reg, mfrlirr.n e with the location inn rsec i rri standard stag abok e in sec i rr ,a". (-'1��) Relief from Standards. Waivers from the following standards may be granted in accordance with Chapter 2, Article 11 by the City Commission for existing projects annexed into the city, when the regulation cannot be fully complied with, but where the intent of the LDR is met: (a) Section 3.13.46.a.(5)(a) above; (b) Section 3.13.46.a.(5)(b) above; (c) Section 3.13.46.c.(3)(a) above; or (d) Section 3.13.46.c.(3)(b) above. The applicant shall provide justification of the waiver and submit a mitigation plan off -setting the impact. d. MLT -L3 District and MU -H District. (1) Use(s) Allowed. A convenience store is allowed as an accessory use to a gasoline station. (2) Setbacks. (a) Building setbacks shall meet those required by the applicable zoning district. (b) Canopy structure over the fuel pumps shall be located either to the side or rear of its associated principal building. . PID District This non -industrial use hall be allowed within the PIC distrig,1,-.jroyided it i located on a lot with a Mixed L.Ise WI 11 land use (,,))tion and at an intersection that would a isfv the location - rri,erylem Of .Iris 110e, it� se(so � ll we : � �e r�wenience, store:, �rulo/�e,rrr wash, ally """'a ,, r��rirr��r ir; an rrutotnoti�-e rr indo tintinul'st reo rrrs' rrllatiorr;'rrlanns erre allowed as accessor uses ' �>`as lave stations, Page 530 of 636 Setbacks, ExCeD fir t,-.jrot,-.jerties located within ).Errs Urban Commercial District verlav one. the fbilo zrru buil irru>_ setbacks shall aDIv to all s rLI trrrr"S On the sr(,)::rr"rty Includin" the ::rrrm ary strrrd r.rr tr. r trr rrr rrrEr tr. ,r.r r. Er , r r,e-uround storaue facilities, BuiIrPinu i de, - Wit) f e, e, ):: `C) BuIldirm, r.ur.r.. - It) free) () Automated crrr. wash, The entrance an automatic crrr wash shall be setback no less than Sr r-rr);�-fi%e ("I5'E freet from Errs s r t in or.rP r �.� )rs�; i fix, an ar. r. ��f � Eris Mar. c.Err rrirr > �� r.t,kirw) An �r.��r.ssor.. tr.rr)��.`car wash shall b ffrll� r.rr �,�r�rr.)I trid re cle all water used in the cgr k'rIs rim ---cess, Page 531 of 636 0 cYi U N U Diu rid (lidaN� aN aNN� "Cl' H-flW aws o o Clod aS� a a a Z -D I -D dffw and a handl £_d a a Z -x 6 1-ld V -I -2I VV -I -2I o. aP.uu w4 w wx� c7v *1 EXHIBIT— Use Matrix cY) 4- 0 N C7 LO N 12.A. NEW BUSINESS 10/20/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/20/2015 REQUESTED ACTION BY COMMISSION: Authorize the expenditure of $1,000 from Commissioner McCray's Community Support Funds to the Dimensional Harmony Choir from Boynton Beach Community High School. EXPLANATION OF REQUEST: The Lady Mayor of Westminster, England personally arrived and delivered an invitation to the Boynton Beach Community High School Dimensional Harmony Choir to perform at the International Choral Festival in London, England. Only seven choirs in the world were invited to attend the event. The participation from Boynton Beach will bring international attention to the City of Boynton Beach and the talent and opportunities afforded our youth. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? These funds will be used for the specific items requested and invoicing and proper documentation will be provided in a written report. FISCAL IMPACT: Budgeted Funds are budgeted under Account 001-1100-511-95-47. This request would reduce Commissioner McCray's Community Support Fund balance to $1,000. ALTERNATIVES: The alternative to authorizing this expenditure would be to deny the request. STRATEGIC PLAN: Positive and Exciting Boynton Beach Image: "Curb appeal" to Reputation STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Page 533 of 636 REVIEWERS: Department City Clerk Community Support Inv, Funds Form and W-9 Reviewer Action Date Pyle, Judith Approved 1011212015 - 8:10 ANA Page 534 of 636 REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: /0 - C, - I;z 0 Requested by Mayor/Commissioner: &9,n . 1�2, ,e /I/, -- Amount Requested: d$ "0 Recipient/Payee: - OeA!n4 �**A(AI14 1.4, '- Description of Droiect. Droaram. or activity to bLdfu ed: 0-,A.* Aar Part 11 - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $ The balance of funds available for the requesting Member of the Commission is $'_21 et'v "VL. ©- 1' are funds available as requested E-r-'rhere are insufficient funds available as requested Dated: !d / 6 1_ls BYRP71��M - City Clerk Part III -Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit V, The recipient/payee provides services within the City ;/The public purpose is beneficial to the en Wat fiFe- " A (o n iv 7ved by such)onation Dated: 167 // (� tx1e/ S:\CC\WP\COMMUNrTY INVESTMENT FUNDS\Community_5upport—Funs_Policy.2015.doc Page 535 of 636 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL OCTOBER 6, 2015 cover a $700,000 to $800,000 shortfall to improve the infrastructure and roads in Palm Beach County. The cities are in the same situation. The two options would be to raise property taxes or the sales tax assessment. The Cultural Council will be assessing the public opinion. The issue would have to be decided by a referendum vote of all residents, The revenue from a half cent increase would be $1.213 that would be divided 60% to the county and 40% to the municipalities based on population, The City of Boynton Beach would realize $5M and a one cent sales tax increase would result in $10M revenue. The Golf Course tree planting included 175 trees as a result of grant funding. The Chamber of Commerce Golf Tournament was another event attended and the concert featuring the Gold Coast Band held at the Civic Center. Mayor Taylor acted as conductor for the opening and closing numbers for the band performance that was well attended, Vice Mayor Casello added kudos for the Golf Course staff for making the Club a five- star golf course. Commissioner McCray added he had visited Boynton Beach High School to meet with the Principal and stressed all individuals have to abide by the rules of -the Palm Beach School District. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement by Boynton Beach Community High School's Principal Mr. Fred Barch on the latest fundraising efforts for the Dimensional Harmony to travel to London and perform at the London International Choral Festival. Mr, Barch will introduce Sterling Frederick, Choir Director, who in turn, will conduct the choir in several songs for the audience. Fred Barch, Principal of Boynton Beach Community High School, indicated the choral program was well known locally, state-wide and nationally, under the direction of Mr. Sterling Frederick. The invitation to sing at the London Festival is only given to nationally recognized programs. It is an honor bestowed on only seven choral programs in the world. There is an ongoing fundraising campaign to offset the cost of the trip. The group was present and sang, Somewhere Over the Rainbow and a gospel selection. Commissioner McCray announced he would be donating $1,000 to the choir from his community funds, Mr. Barch explained the ways to donate to the Choir. The discipline and structure of the group is outstanding. Page 536 of 636 Fonn w-9 (flay. August 2013) Daparl "I of the Treasury tntemaI Revenue Service Request for Taxpayer Give Forni to ilia Identification Number and Certification requester. Do not solid to the iRS. ivama tors shown on your income lax roto School District of Patin Beach Business namoldisregarded entity nama, Check appropriate box for federal tax classification: ❑ inxifvkdoallsole proprietor [I C Corporation ❑ S Cuipoalion L] Pailne ship [ TnnUeslate [] Limited liability company. Enter the tax classification (C=C corporation, S=S corporation. Pvparinershlp) t► Other (see Instructions) 0- Local Government iss (number, street, and apt. of suite na.) 3300 Forest Hill Blvd A 323 List Patin Beach, FL 33406 Enter your TIN In the appropriate box. The TiN provided must match the name given on the "Nance" tine to avoid backup w€thhokAng. For individuals, this Is your social security number (SSN). However, for a resident alien, solo proprietor, or disregarded entity, see the Part I Instructions on page 3. For other entities, it Is your employer identification number (EIN). if you do not have a number, see Now to get a 71N on page 3. Note. If Iiia account Is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Exemptions (sea Inslnichons): Exempt payee code (of any) _ Exemption from FATCA reporting code Of any) Under penalties of perjury. I certify that: 1. The number shown on this fort Is my correct taxpayer identification number (or t am waiting for a number to be Issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Rovenuo Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) life IRS has notified me that I am no longer subject to backup withhokling, and 3. 1 arm a U.S. citizen or other U.S. person (defined below), acid 4. Tile FATCA code(s) entered on this form (if any) Indicating that I am exempt from FATCA reporting Is correct. Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withltokfing because you have failed to report all interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage Interest paid, acquisition or a�elim cured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and generally, payments other (marl' j rost andel Idends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions on page 3. / , j j bign nature, a Here i U.S. per onW� � ir+''_.--r"" Dale k C) 1 0 n I a I is General Instructions- Section nstructions Section tolerances are to the internal Revenue Code unless ethanwlso noted. Future developments. Tire IRS has created a page on IRS.gov for Information about Form W-9, at www.1rsRov1w9. information about any future developments affecting Form W-9 (such as fagistallon enacted alter we release 11) will be posted on that page. Purpose of Forth withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA codes) entered on this form of any) Indicating that you are exempt from the FATCA reporting, Is correct. Note. It you are a U.S. person and a requester ghees you a form other than Form W-9 to request your TIN, you must use the requester's torn► if It Is subsianllally siniltar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person it you are: A person who Is required to file an Information return with the ins must obtain your ' An Irxtrvtdual vriio Is a t1.&. citizen of U.S. resident elicit, correct taxpayer Identification number (TIN) to report, for example, income paid to * A partnership, corporation, company, or association created at organized In Ilio you, payments made to you In settlement of payment card and third party network United States or under tho laws of the United Slates, transactions, rest estate transactions, mortgage Interest you paid, acquishlon or a An estate (other than a foreign estate), or sbandormient of securest property, cancolfatfon of debt, or contributions you made to an IRA. + A domestic trust (as detinet In Regulations section 301.7701-7). Use Form W-9 only it you are a U.S, person (htcluding a resident alien), to Special rules for partnerships. Partnerships that conduct a trade or business in provide your correct TIN to the person requesting it (the requester) and, when the United Slates are generally required to pay a ►withholding tax under section applicable. to: 1446 on any foreign partners' share of effectively connected taxable Income from i. Certs that the TIN you aro ref is corrector you are waltin for a number such business. Further, in certain oases where a Form W-9 has not been received, Certify Y giving t Y g ilia rules under section 1446 require a partnership to presume that a partner Is a to be Issued), foreign person, and pay ilia section 1446 withhoiding tax. Therefore, It you are a 2. Certify that you are not sub)ect to backup wiiliholding. or U.S. person that is a partner in a partnership conducting a trade orbusiness In the 3. Claim exemption from backup yrlitdiokfirig If you are a U.S. exempt payee. If United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section t446 withholding an your share of partnership income.applicable. you are also certifying that as a U.S. person, your allocable share of any partnership Income from a U.S. trade or business Is not subject to the Page 537 of 636 12. B. NEW BUSINESS 10/20/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/20/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15-135 - 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 Housing Trust Group (HTG) in association with their application for the 9% tax credit for Low Income Housing Tax Credits for the proposed development known as South Side of Martin Luther King, Jr. Blvd. Project and sign any related application documents to confirm such support. EXPLANATION OF REQUEST: On October 13, 2015, the CRA Board approved a financial support request from Housing Trust Group (HTG) in the amount of $75,000 in connection with HTG's application for 9% tax credit. The application requires the Local Government to verify the contribution amount of $75,000 as part of HTG's application submission. The Local Government is the City of Boynton Beach. The interlocal that is being recommended provides for the financial support to be paid by the Boynton Beach Community Redevelopment Agency. Such contribution is dependent on HTG being awarded the 9% tax credit. At the September 8, 2015 CRA Board meeting, the Board voted to accept HTG's letter of intent for CRA owned properties on the South Side of Martin Luther King, Jr. Blvd. At the October 13, 2015 CRA Board meeting, the Board approved to enter into a Purchase and Development Agreement with HTG for the development of the South Side of Martin Luther King, Jr. Blvd. Project. In addition at the October 13, 2015 CRA meeting, the Board approved an Interlocal agreement between the CRA and the City of Boynton Beach to provide financial support to the Housing Trust Group (HTG) in the amount of $75,000 in association with their application for the 9% tax credit application. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: There is no ultimate fiscal impact to the City of Boynton Beach. ALTERNATIVES: Do not approve this interlocal. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 538 of 636 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Resolution D Agreement D Exhibit D Attachment REVIEWERS: Department Finance Finance Legal City Manager Description Resolution approving ILS with CRA for Tax Credit ILA with CRA HT G Tax Credit Exhibit A CRA Agenda Item 10-13-15 - HTG Reviewer Action Howard, Tim Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 1011412015 - 11:28 AM 1011412015 - 11:28 AM 1011512015 - 2:41 IIIA 1011512015 - 3:18 IIIA Page 539 of 636 I RESOLUTION NO. R15- 2 A RESOLUTION OF BOYNTON BEACH, FLORIDA, APPROVING 3 AND AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL 4 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND 5 THE BOYNTON BEACH COMMUNITY REDEVELOPMENT 6 AGENCY TO PROVIDE A FINANCIAL CONTRIBUTION TO HTG 7 FOR THE DEVELOPMENT OF A 9% LOW INCOME TAX CREDIT 8 DEVELOPMENT KNOWN AS SOUTH SIDE OF MARTIN LUTHER 9 KING, JR. BLVD. PROJECT; AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 WHEREAS, the goal of the Boynton Beach Community Redevelopment Agency is to 13 eliminate slum and blight and to facilitate the development of affordable housing within the 14 Community Redevelopment Area; and 15 WHEREAS, the proposed development known as South Side of Martin Luther King, 16 Jr. Blvd. Project will help the Community Redevelopment Agency to achieve its goals; and 17 WHEREAS, the developer of the South Side of Martin Luther King, Jr. Blvd. project, 18 Housing Trust Group (HTG) is applying for 9% Low -Income Housing Tax credits in 19 November of 2015; and 20 WHEREAS, the financial match of $75,000 required by the Florida Housing Finance 21 Corporation allocator of 9% low income tax credits will be paid for by the Boynton Beach 22 Community Redevelopment Agency; and 23 WHEREAS, the City Commission of the City of Boynton Beach, upon 24 recommendation of staff and the CRA Board, deems it to be in the best interests of the 25 residents and citizens of the City of Boynton Beach to approve the Interlocal Agreement 26 between the City of Boynton Beach and the Boynton Beach Community Redevelopment Page 540 of 636 27 Agency regarding the development of the South Side of Martin Luther King, Jr. Blvd. project 28 on behalf of HTG. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 31 Section 1. Each Whereas clause set forth above is true and correct and 32 incorporated herein by this reference. 33 Section 2. The City Commission of the City of Boynton Beach, Florida does 34 hereby approve and authorize the Mayor to sign the Interlocal Agreement between the City of 35 Boynton Beach and the Boynton Beach Community Redevelopment Agency regarding the 36 Local Government Contribution required by Florida Housing Finance Corporation on behalf 37 of HTG developer of the South Side of Martin Luther King, Jr. Blvd. development, a copy of 38 said Interlocal Agreement is attached hereto as Exhibit "A". 39 Section 3. That this Resolution shall become effective immediately upon passage. 40 PASSED AND ADOPTED this day of , 2015. 41 CITY OF BOYNTON BEACH, FLORIDA 42 43 YES NO 44 45 Mayor — Jerry Taylor 46 47 Vice Mayor — Joe Casello 48 49 Commissioner — David T. Merker 50 51 Commissioner — Mack McCray 52 53 Commissioner — Michael M. Fitzpatrick 54 55 VOTE 56 ATTEST 57 Page 541 of 636 58 59 60 Janet M. Prainito, MMC 61 City Clerk 62 (Corporate Seal) Page 542 of 636 INTERLOCAL AGREEMENT BETWEEN CITY OF BOYNTON BEACH AND BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE FOR THE PAYMENT OF THE LOCAL GOVERNMENT CONTRIBUTION UNDER THE LOW INCOME HOUSING 9% TAX CREDIT PROGRAM FOR THE PROJECT KNOWN AS MARTIN LUTHER KING, JR. BLVD. SOUTH TO BE DEVELOPED BY HOUSING TRUST GROUP, LLC., PURSUANT TO CHAPTER 420, PART V, 5093-5099, FLORIDA STATUTES, PROVIDING AN EFFECTIVE DATE. THIS AGREEMENT, made and entered into on the day of 2015 by and between: CITY OF BOYNTON BEACH, FLORIDA a Florida municipal corporation 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 (hereinafter referred to as "CITY") BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a Public Agency of the State of Florida 710 N. Federal Highway Boynton Beach, Florida 33435 (hereinafter referred to as "CRA") WITNESSETH: WHEREAS, CITY and CRA (the "Parties") desire to encourage Affordable and Workforce Housing development within the City and the CRA; and WHEREAS, the CRA has determined that the provision of Affordable and Workforce Housing with the CRA furthers the CRA's purpose of eliminating slum and blight; and WHEREAS, the CRA has approved a financial contribution of seventy-five thousand dollars ($75,000) in the form of a grant contribution ( the "Grant") to assist the developer, HOUSING TRUST GROUP, LLC, in the development of certain properties located on the south side of Martin Luther King, Jr. Blvd. and as described in Exhibit "A" attached hereto, and WHEREAS, the Parties desire to enter into an Interlocal Agreement ("Agreement") for the City of Boynton Beach to pay, on behalf of the CRA, the Grant to HOUSING TRUST GROUP, LLC. (the "Grantee"), under the condition that the HOUSING TRUST GROUP, LLC obtains award underwriting approval of a 9% Low Income Housing Tax Credit allocation from the Florida Housing Finance Corporation by June 30, 2016, and Page 1 of 6 Page 543 of 636 WHEREAS, CITY and CRA have determined that it is mutually beneficial and in the best interests of its citizens and residents to enter into this Agreement; and WHEREAS, Part I of Chapter 163, Florida Statutes, as amended (the "Interlocal Cooperation Act'), permits the Governmental Units, as public agencies under the Interlocal Cooperation Act, to enter into interlocal agreements with each other to authorize one governmental party to exercise, on behalf of the other governmental unit, jointly held powers, privileges or authorities which each such Governmental Unit shares in common and which each might exercise separately, permitting the Governmental Units to make the most efficient use of their power by enabling them to cooperate on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that accords best with geography, economy, population and other factors influencing the needs and development of such Governmental Units; and WHEREAS, this Interlocal Agreement will become effective upon filing with the Clerk of the Court in the Fifteenth Judicial Circuit in accordance with the provisions of the Interlocal Cooperation Act; and WHEREAS, CITY hereby represents to CRA that it has the authority, pursuant to the Interlocal Cooperation Act, to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and WHEREAS, CRA hereby represents to CITY that it has the authority, pursuant to the Interlocal Cooperation Act, to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreements hereinafter set forth, the Parties hereto agree as follows: Section 1. RECITALS 1.01 The above recitals are true and correct and are incorporated herein. Section 2. TERM OF AGREEMENT This Agreement shall be effective upon the approval of both parties and upon filing with the Clerk of the Court in the Fifteenth Judicial Circuit and shall terminate upon the earlier of the following: 1) final payment of the $75,000 to HOUSING TRUST GROUP, LLC consistent with the terms of this Agreement; or 2) the failure of HOUSING TRUST GROUP, LLC to obtain award underwriting approval from Florida Housing Finance Corporation by June 30, 2016. Section 3. DUTIES AND RESPONSIBILITIES OF THE PARTIES 3.01 The Parties agree that the Grant per Resolution No. shall be paid by the CITY on behalf of the CRA. Payment shall be made to HOUSING TRUST GROUP, LLC Page 2 of 6 Page 544 of 636 1) upon HOUSING TRUST GROUP, LLC providing evidence that they have been awarded a nine percent (9%) low income tax credit from the Florida Housing Finance Corporation; and 2) a real estate closing for the project properties located on the south side of Martin Luther King, Jr. Blvd. within the CRA known as described in the attached Exhibit "A". The Parties agree further that the CRA will reimburse the CITY for the payment of said Grant, within 30 days of CITY's notice of making payment. Section 5. RECORDS 5.01 CRA and CITY shall each maintain their own respective records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each party shall have access to the other party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and for at least three (3) years after completion of the Improvements. Section 6. ASSIGNMENT 6.01 The respective obligations of the parties shall not be assigned, in whole or in part without the written consent of the other party. Section 7. DEFAULT 7.02 If either party fails to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other party, the party giving notice of default may be entitled, but is not required, to seek specific performance of this Agreement on an expedited basis, as the performance of the material terms and conditions contained herein relate to the health, safety, and welfare of the residents subject to this Agreement. Failure of any party to exercise its right in the event of any breach by the other party shall not constitute a waiver of such rights. No party shall be deemed to have waived any failure to perform by the other party unless such waiver is in writing and signed by the other party. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any party to seek a legal remedy for any breach of the other party as may be available to it in law or equity. Section 8. COMPLIANCE WITH LAWS 8.01 CITY and CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. Page 3 of 6 Page 545 of 636 Section 9. VENUE 9.01 Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida. Section 10. GOVERNING LAW 10.01 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Section 11. ENTIRE AGREEMENT 11.01 This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, term, condition or election but the same shall continue and remain in full force and effect. Section 12. SEVERABILITY 12.01 Should any part, term or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State, the validity of the remaining portions or provisions shall not be affected thereby. Section 13. NOTICES 13.01 Whenever either party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice. CITY: Lori LaVerriere, City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Page 4 of 6 Page 546 of 636 CRA: Vivian Brooks, Executive Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, Florida 33435 Copies To: James A. Cherof Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Tara Duhy, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 Section 14. INTERPRETATION 14.01 This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK Page 5 of 6 Page 547 of 636 IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY have caused these presents to be executed in their respective names by the proper officials the day and year first above written. ATTEST: Janet Prainito, City Clerk Approved as to form: City Attorney Approved as to form: CRA Attorney CITY OF BOYNTON BEACH a municipal corporation organized and existing under the laws of the State of Florida 0 Jerry Taylor, Mayor BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency organized and existing under the laws of the State of Florida Page 6 of 6 Jerry Taylor, Chair Page 548 of 636 EXHIBIT "A" • 118 E. Martin Luther King Jr. Blvd. - 08-43-45-21-10-005-0050 - Lot 5, Blk 5, PB Country Club Ests • E. Martin Luther King Jr. Blvd. - 08-43-45-21-10-005-0090 - Lot 9, Block 5 of Palm Beach Country Club Ests • E. Martin Luther King Jr. Blvd. - 08-43-45-21-10-005-0100 - Lot 10, 11, 12 & 13, Block 5 of Palm Beach Country Club Ests • 206 E. Martin Luther King Jr. Blvd. - 08-43-45-21-04-000-0202 - South 100 ft. of the West 5 ft. of Lot 20, 21 & 22, Robert Wells Subdivision • 117 NE 9"' Ave. - 08-43-45-21-10-004-0050 - Lot 5, Blk 4, PB Country Club Ests • 123 NE 9"' Ave. - 08-43-45-21-10-004-0060 - Lot 6, Blk 4, PB Country Club Ests • 129 NE 9"" Ave. - 08-43-45-21-10-004-0080 - Lot 8, Blk 4, PB County Club Ests • NE 9"' Ave. - 08-43-45-21-10-004-0090 - Lot 9, Blk 4, PB County Club Ests • 141 NE 9"' Ave. - 08-43-45-21-10-004-0100 - Lot 10, Blk 4, PB County Club Ests • 151 NE 9"' Ave. - 08-43-45-21-10-004-0130 - Lot 13, Block 4, Palm Beach Country Club Ests Page 549 of 636 BOYN M _ :" Consent Agenda I X I Old Business Now Business Legal Information dn-1-y�,,' AGENDA ITEM: xIII.D. SUBJECT: Consideration of Interlocal Agreement between the CRA and the City for the Required Local Government Contribution in the Amount of $75,000 to Housing Trust Group (HTG) for the South Side of Martin Luther King, Jr. Blvd. Project SUMMARY: At the September 8, 2015 CRA Board meeting, the CRA Board voted to approve entering into a Purchase and Development Agreement between Housing Trust Group and the CRA for the CRA -owned site known as South Side of Martin Luther King, Jr. Blvd. HTG will be applying to the State of Florida for 9% tax credits to finance the mixed-use development. A requirement of qualifying for the tax credit allocation is proof of a local government contribution either in the form of a grant or waiver of fees at a minimum of $75,000. However, the CRA cannot execute the required form (See Attachment 1). The form must be executed by the Mayor. Therefore, an Interlocal Agreement (ILA) is required between the City and CRA. The attached ILA (See Attachment 2) states that the CRA has approved a financial contribution of $75,000 in the form of a grant and that payment of the funds by the City will occur once HTG provides proof of a 9% tax credit allocation. The CRA will reimburse the City within 30 days of payment of the funding to HTG. FISCAL IMPACT: If the project receives a 9% tax credit allocation, the CRA will reimburse the City the $75,000. PROJECT:CRA PLAN, PROGRAM OR Heart of Boynton Community Redevelopment Plan Update RECOMMENDATIONS: Approve the Interlocal Agreement between the CRA and the City for the Required Local Government Contribution in the Amount of $75,000 to the Housing Trust Group (HTG) for the South Side of Martin Luther King, Jr. Blvd. project. Ivi n L.� Brooks Executive Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORT$1Completed Agenda Item Request Forms by Meeting\FY 2015 - 2016 Board MeetingslOctober 201511nteHocal HTG MLK.docx Page 550 of 636 Ii. Page 551 of 636 Naitur of DcFclrjpm&m� Klag% COVe I MWOMMOTOMMAMMANNOW 66 On or before the Application Deadline, the City,"Comr; of Boynton Beach committed ame Dicir 'f zr cmmly-) S 75,300.00 as a pznr to the Applizant f6i ft3 use solely for as;isting ihe pmw&ed Devel%me:v 2-efa� enced above. The Cit,/CoiLmy does- not ee%pect To be repaid ox reimbursed by the Applicaiat. oz any other elitiri. provided the ftuidi aye expended so!,-Jy for the Development :-efuenczd abuve. :�o consideration cT piomiie of consideration hai been givcn %,�hh resPect to the 2renT. For ptupoies of the fore2cLig, the premise of prc-,idilg affwr3able homing does not constitute consideraTion The Application Deadline referenced abme, -;%nd is pro-mded spe,�ifi cally txiTh respect To The poposed Development. The source of th-z wrair iA-,: Ea"yntv-i each CommunityReis ielsp-mAtAgency jnds LIP;$ '�41 Of 3 I certit, that 'he- foregoing informati-Daa i; trace and cm act mid That tkus calmiftment Li eff'ec&i e at least tiu Dimh the date regi fired in the appEcable RFA. Sigamutre .J. a 7 .4. SAX . .. . .................................. R-1 inT ir —1 iji a N K rne I "Al S"I'lar .............. Thisals.CiTYM=FAgCY. COUTIt7 .f Managey CILRs tl'ion of the Ci -j Ccaimci' Coawission or Chaitpcmon of the Board c,f County COMMi&Sioners if the conImburion is Erom ?, Lanci Aallhorgymgam . zed -purill-plit -'o clualner 3SO 0663, Florida Statutes, ?his certifizarion M1251 be iigned by tlnie Chaii of the Lard u hozitr -of le - Lr -k t, Y On f -I form for cerfification offi f state. or Local fmyemmcnt rids ini'Sall-,T ob-,'�'i=dbyor sled from a Lzeal Cm-'m-nma'-nT that is directly adniinistcn d by an intemediar rity a COMMU'ally rem-es-mmt cm - SmTe- certified Organization (CHDO), are nvt accepablc, receive cradit fos rhis conftibutior, if the cert'E"Zian n ixtvmpesly saped. To be considered for at amc)unt ref the contribution stated an this, ionn m-asr. be a prmne dollar 3mouw, � id : amot , imclDdz %xord% &uch as ek!=-cdi -ap to, maximmi of. not to exceed. etc. It 'Ie Application is, noC414C for automatic 1pcints. t:lis vvill not be r�asidcicd if Ie ceTtificimm zoamilis Plemw note; This form may be modified by Florida Housing Finance Corpomijon per Section 67-6U05. F.A" C. (Pam, -Rev. 0'-14) REA 2015.107 Page 552 of 636 Page 553 of 636 r THIS AGREEMENT, made and entered into on the day of 2015 by and Florida municipal corporation 00 E. Boynton Beach Boulevard lWynton Beach, Florida 33425 (hereinafter referred to as "CITY") ■ ! ■ l , * r Public Agency` 4Florida R t Highway BoyntonBeach, Florida 33435 referredto as"CRA") WHEREAS, CITY and CRA (the 'Tarties") desire to encourage Affordable Workforce Housing development within the City and the CRA; and WHEREAS, the CRA has determined Housing with the CRA furthers the CRA's purpose of eliminating slum and blight; and WHEREAS, the CRA has approved a financial contribution A thousand dollars ($75,000) in the form of othe developer, HOUSING - w -or properties located on the sou side of Martin Luther King, Jr. Blvd.- r . and WHEREAS, the Parties desire to enter into an Interlocal AgreementN , GROUP,the City of Boynton Beach to pay, on behalf of the CRA, the Grant to HOUSING TRUS the HOUSING TRUST GROUP, obtains award underwriting approval of a 9% Low Income Housing Tax Credit allocation fftroin the Florida Housing Finance Corporation by June 30, 2016, and Page 554 of 636 WAEREAS, CITY and CRA have determined that it is mutually beneficial and in the best interests of its citizens and residents to enter into this Agreement; and WHEREAS, Part I of Chapter 163, Florida Statutes, as amended (the "Interlocal Cooperation Act'), permits the Governmental Units, as public agencies under the Interlocal Cooperation Act, to enter into interlocal agreements with each other to authorize one governmental party to exercise, on behalf of the other governmental unit jointly held powers, privileges or authorities which each such Governmental Unit shares in common and which each might exercise separately, permitting the Governmental Units to make the most efficient use of their power by enabling them to cooperate on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that accords best with geograph�k—=n=mp ,D_tulation and other factors influencing Governmental Units; and WHEREAS, this Interlocal Agreement will become effective upon filing with the Clerk of the Court in the Fifteenth Judicial Circuit in accordance with the provisions of the Interlocal Cooperation Act; and W x�E4 REAS, CITY hereby represents to CRA that it has the authority, pursuant to the Interlocal Cooperation Act, to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and WHEREAS, CRA hereby represents to CITY that it has the authority, pursuant to Interlocal. Cooperation Act, to execute any and all documents necessary to effectuate and implement the terms of this Agreement; and I NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants ati 9,greements hereinafter set forth, the Parties hereto agree as follows: M Section 1. RECITALS 1.01 The above recitals are true and correct and are incorporated herein. 2.01 This Agreement shall be effective upon the approval of both parties and upon filing wi the Clerk of the Court in the Fifteenth Judicial Circuit and shall terminate upon the earlier of following: 1) final payment of the $75,000 to HOUSING TRUST GROUP, LLC consistent the terms of this Agreement; or 2) or failure of of HOUSING TRUST GROUP, LLC to obt un ori derwriting approval of a 9% Low.Income Housing Tax Credit allocation from the Fl �In Housing Finance Corporation by June 30, 2016. .1 Z —11y"T KIT's I g R, 11111 " 10 3.01 The Parties agree that the Grant per Resolution No. _ shall be paid by the CIT on behalf of the CRA. Payment shall be made by the CITY to HOUSING TRUST GROA LOME= Page 555 of 636 LLC 1) upon HOUSING TRUST GROUP, LLC providing evidence that they have obtained underwriting approval of a 9% Low Income Housing Tax Credit allocation from the Florida Housing Finance Corporation and 2) upon real estate closing for the project properties located on the south side of Martin Luther King, Jr. Blvd. within the CRA as described in the attached Exhibit "A". The Parties agree further that the CRA will reimburse the CITY for the payment of said Grant, within 30 days of City's notice of making payment. 5.01 CRA and CITY shall each maintain their own respective records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each party shall have access to the other party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and for at least three (3) years after completion of the Improvements. 6.01 The respective obligations of the parties shall not be assigned, in whole or in part withou! the written consent of the other party. 7.02 If either party fails to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other party, the party giving notice of default may be entitled, but is not required, to seek specific performance of this Agreement on an expedited basis, as the performance of the material terms and conditions contained herein relate to the health, safety, and welfare of the residents subject to this Agreement. Failure of any party to exercise its right in the event of any breach by the other party shall not constitute a waiver of such rights. No party shall be deemed to have waived any failure to perform by the other party unless such waiver is in writing and signed by the other party. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any party to seek a legal remedy for any breach of the other party as may be available to it in law or equity. lo. 0 1 CITY and CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. Section 9. VENUE Page 556 of 636 !.01 Any and all legal actions necessary to enforce the terms of this Agreement shall bW- conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, in federal court, in the United States District Court for the Southern District of Florida. 10.0 1 The validity, construction and effect of this Agreement shall be governed by the laws the State of Florida. I MkTJ I NO i 11-01 This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, term, condition or election but the same shall continue and remain in ffill force and effect. 12.01 Should any part, term or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State, the validity of the remaining portions or provisions shall not be affected thereby. 13.01 Whenever either party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice. CITY: Lori LaVerriere, City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 CRA: Vivian Brooks, Executive Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, Florida 33435 EMU= Page 557 of 636 Copies To: James A. Cherof Goren, Cherof, Doody & Ezrol, P.A. 3099E t Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Tara Duhy, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 14.01 This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties. Page 558 of 636 CITY OF BOYNTON BEACH a municipal .#,f the State of Florida 0 LWIM" Janet Prainito, City Clerk City Attorney Jerry Taylor, Mayor BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency organized and existing under the laws of the State *f Florida am CRA.A` ? Jerry Taylor, Chair Page 559 of 636 RESOLUTIONOF r OF BOYNTON FLORIDA, APPROVING AND AUTHORIZING '. TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF i THE BOYNTON BEACH iMMUNITY REDEVELOP PROVIDE A FINANCIAL CONTRIBUTION TO HOUSING TRUST GROUP, LLC FOR A 9% TAX CREDIT FOR CERTAIN PROPERTIES LOCATED ON THE SOUTH SIDE OF ' BLVD.; AND PROVIDING A EFFECTIVE 1' slum and blight and to facilitate the development of affordable housing within the Community WHEREAS, the proposed development of certain properties located on the south side of Martin Luther King, Jr. Blvd. and as more particularly described in Exhibit "A" will help the Community Redevelopment Agency to achieve its goals; and developerWHEREAS, the •GROUP applying for 9% Low-income Housi Tax credits in November of 2015; and i allocator of 9% tax credits will be paid for by the Boynton Beach Community Redevelopment the City Commission of the City of Boynton Beach, upon recommendation of staff and the CRA Board, deems it to be in the best interests of the residents and citizens of the City of :.ynton Beach to approve Agreement describedBoynton Beach Community Redevelopment Agency regarding the development of certain properties behalf of HOUSING TRUST GROUP, NOW, • RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: - - . •.IIIIIIII herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the Mayor to execute the Interlocal Agreement between the City of Boynton Beach and Page 560 of 636 R,1qr-r0VM4T4 I I � I I i i I � � � � � , 1614IM11411 32Z11,1111111111111 11111111 1111 11 1111 �III * - 111-@ 4 al.. - a NOW im VAU44 Wc 1 s7' those certain properties as further described in Exhibit "A", a copy of said Interlocal Agreement attached hereto as Exhibit "B". i L�ection 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of October, 2015. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Commissioner —Mike Fitzpatrick Commissioner — Mack McCray Commissioner David Merker Janet M. Prainito, MMC City Clerk Page 561 of 636 EXHIBIT 66A99 a 118 E. Martin Luther King Jr. Blvd. - 08-43-45-21-10-005-0050 - Lot 5, Blk 5, PB Country Club Ests * E. Martin Luther King Jr. Blvd. - 08-43-45-21-10-005-0090 - Lot 9, Block 5 of Palm Beach Country Club Ests 0 E. Martin Luther King Jr. Blvd. - 08-43-45-21-10-005-0100 - Lot 10, 11, 12 & 13, Block 5 of Palm Beach Country Club Ests 0 206 E. Martin Luther King Jr. Blvd. - 08-43-45-21-04-000-0202 - South 100 ft. of the West 5 ft. of Lot 20, 21 & 22, Robert Wells Subdivision 117 NE 9t' Ave. - 08-43-45-21-10-004-0050 - Lot 5, Blk 4, PB Country Club Ests * 123 NE 9'h Ave. - 08-43-45-21-10-004-0060 - Lot 6, Blk 4, PB Country Club Ests * 129 NE 9""Ave. - 08-4345-21-10-004-0080 - Lot 8, Blk 4, PB County Club Ests * NE 9`" Ave. - 08-43-45-21-10-004-0090 - Lot 9, Blk 4, PB County Club Ests • 141 NE 90` Ave. - 08-43-45-21-10-004-0100 - Lot 10, Blk 4, PB County Club Ests OP 151 NE 9h Ave. - 08-43-45-21-10-004-0130 - Lot 13, Block 4, Palm Beach Country Club Ests Page 562 of 636 12.C. NEW BUSINESS 10/20/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/20/2015 REQUESTED ACTION BY COMMISSION: Discuss proposed volunteer cleanup event inside the Old High School in November, 2015. EXPLANATION OF REQUEST: Commissioner Fitzpatrick would like to organize a volunteer/community cleanup inside the Old High School for mid-November 2015. Attached you will find a brief outline of his proposal. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? tbd FISCAL IMPACT: Non -budgeted n/a ALTERNATIVES: Not discuss the matter. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Addendum REVIEWERS: Department City Manager Finance Description Fitzpatrick Cleanup Proposal Reviewer Action Date Howard, Tim Approved 10/15/2015 - 8:50 AIV Howard, Tim Approved 10/15/2015 - 8:50 AIV Page 563 of 636 City Manager LaVerrier , Lori Approved 1011512015 - 3:17 PPA Page 564 of 636 Boynton High School Clean Up Weekend Date: Nov 14, 15 or Nov 21,22 2015 Location: Historic High School, 125 East Ocean Avenue Chairperson: Mike Fitzpatrick 561-632-9578 Len Gengel 508-328-4509 Objectives: Remove loose debris from school, remove large window A/C units and replace with painted plywood, identify roof leaks, temporary repair any wall leaks, bridge weak walking areas with plywood Materials: barrier tape, rags, cleaning supplies, Equipment: 250 face masks, 50 pair safety glasses, 100 pair earplugs, 200 pair work gloves, 500 pair latex gloves (assorted sizes) 50 hard hats, 15Y Aid supplies: Eye wash, tissue, tweezers, band aids, tape, gauze, disinfectant Tools: 5 square shovels, 5 push brooms, 5 sweep brooms, 30 5 gallon buckets, 5 hand brushes, 10 dust pans, 500 ft #12 Extension cord, 5 8 ft extension ladders, 5 6 ft extension ladders, 2 10 ft extension ladders, 5 wheel barrows, Assignments: Tool Wrangler: Check in loan tools, place list on a form, copy of form to tool owner, identify owner number on tools, check out tools to workers and keep list of who took the tools Gate keeper: Controls entrance point to school to insure all workers have signed liability forms, are wearing appropriate clothing, assigned to crew leaders, and have safety equipment. Crew leaders: Oversee tasks and observe volunteer safety. Crews for cleaning, building wheelbarrow ramp and placing plywood on bad floor areas; removing A/C units. Food Chair: Liquids for hydration, snacks, and lunch. Services Event Liability Insurance, Liability forms, temporary power, dumpsters, toilets, decon station (water) Calendar Oct 20 City Commission meeting to decide if we can get in the building Nov 7 Walk through High School with crew leaders to plan out scope of work Page 565 of 636 12.D. NEW BUSINESS 10/20/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/20/2015 REQUESTED ACTION BY COMMISSION: Discussion of legalization of medical marijuana per request of Commissioner Merker. EXPLANATION OF REQUEST: Commissioner Merker has requested this item be placed on the agenda for discussion. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? n/a FISCAL IMPACT: n/a ALTERNATIVES: Do not discuss. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department Reviewer Action Date City Manager Howard, Tim Approved 10/15/2015 - 1:30 FSM Finance Howard, Tim Approved 10/15/2015 - 1:40 FSM City Manager LaVerriere, Lori Approved 10/15/2015 - 3:17 FSM Page 566 of 636 13.A. LEGAL 10/20/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/20/2015 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 15-024 - SECOND READING - PUBLIC HEARING - Approve Petition to Expand Boundaries of Boynton Village Community Development District. (TABLED ON 10/6/16) EXPLANATION OF REQUEST: The City is in receipt of a Petition to Expand Boundaries of Boynton Village Community Development District wherein the Board is requesting to expand the boundaries of the District by adding approximately 4.995 acres of land. Once the expension of the District's boundaries takes place, all lands in the District will continue to be located wholly within the jurisdictional boundaries of the City. The Boynton Village Community Development District is requesting to expand the CDD to include the park property that is currently owned by the city that will be "swapped" in consideration of the developer providing the acreage in the new development for the dog park. 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: ATTACHMENTS: Page 567 of 636 Type D Ordinance REVIEWERS: Department City Clerk Description Ordinance Petition to Expand the Boundaries of the Boynton Village Community Development District Reviewer Action Date Pyle, Judith Approved 10/12/2015 - 8:12 ANA Page 568 of 636 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDINANCE NO. 15 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 06-073 WHICH CREATED THE BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT REVISING THE BOUNDARIES OF THE BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT TO EXPAND THE DISTRICT BOUNDARIES BY APPROXIMATELY 4.995 ACRES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, on September 6, 2006 the City Commission approved a Petition establishing the Boynton Village Community Development District which established the boundaries of that District in accordance with Section 190.005(2), Florida Statutes; and WHEREAS, The Boynton Village Community Development District has filed a Petition to Expand the Boundaries of the CDD, which is attached hereto as Exhibit "A" and made a part hereof and contains the information required pursuant to Section 190.046, Florida Statutes; and WHEREAS, a public hearing on the petition was conducted by the City Commission on September 15, 2015, at City Hall in accordance with the requirements of Florida Statutes; and WHEREAS, the City Commission has determined that: 1. That all statements contained within the Petition have been found to be true 25 and correct. 26 27 28 2. That the expansion of the District boundaries is not inconsistent with any applicable element or portion of the State Comprehensive Plan or of the effective local government comprehensive plan. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\7BDC8061-040B-4A19-B32E-69FF25143747\Boynton Beach.1921.1.15-024_ =CDD_Boynton_Village_Boundary_Expnsion_ _Ordinance.doc Page 1 of 3 Page 569 of 636 1 3. That the land within the proposed District is of sufficient size, sufficiently 2 compact and sufficiently contiguous to be developable as one functional interrelated 3 community. 4 4. That the expansion of the District boundaries is the best alternative available 5 for delivering the community development services and facilities to the lands within the 6 District boundaries. 7 5. That the area identified in the Petition is amenable to be included in the 8 proposed District; and 9 WHEREAS, the City Commission has determined that the expansion of the Boynton 10 Village Community Development District boundaries would be consistent with the criteria for 11 community development districts as set forth in the Uniform Community Development 12 District Act of 1980,Chapter 190, Florida Statutes; 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 14 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 15 Section 1. Each Whereas clause set forth above is true and correct and herein 16 incorporated by this reference. 17 Section 2. In accordance with the provisions of Chapter 190, Florida Statutes, the 18 City Commission of the City of Boynton Beach, Florida hereby approves the expansion of the 19 boundaries of the Boynton Village Community Development District as set forth on the 20 Petition attached hereto as Exhibit "A". 21 Section 3. That all ordinances or parts of ordinances in conflict herewith be and 22 the same are hereby repealed. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\7BDC8061-040B-4A19-B32E-69FF25143747\Boynton Beach.1921.1.15-024_ =CDD_Boynton_Village_Boundary_Expnsion_ _Ordinance.doc Page 2 of 3 Page 570 of 636 1 Section 4. Should any section or provision of this ordinance or portion hereof, any 2 paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, 3 such decision shall not affect the remainder of this ordinance. 4 Section 5. Authority is hereby granted to codify said ordinance. 5 Section 6. This ordinance shall become effective immediately upon passage. 6 FIRST READING this 3rd day of September, 2015 7 SECOND, FINAL READING AND PASSAGE this day of 8 , 2015. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ATTEST: 27 28 29 30 Janet M. Prainito, MMC 31 City Clerk 32 33 34 35 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE YES NO C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\7BDC8061-040B-4A19-B32E-69FF25143747\Boynton Beach.1921.1.15-024_ =CDD_Boynton_Village_Boundary_Expnsion_ _Ordinance.doc Page 3 of 3 Page 571 of 636 1 11 1 1 Lelyrallm"11 CNIONIUmasufflige 1100IN11111111610"Ril TO EXPAND THE BOUNDARIES OF BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT I COMMUNITY DEVELOPMENT DISTRICT J The Board of Supervisors (the "Board") of the Boynton Village Community Development District, an independent special district established pursuant to Chapter 190, Florida Statutes (the "District"), and Ordinance No. 06-073 of City of Boynton each, Florida (the "City"), adopted on September 6, 2006 (the "Ordinance"), hereby petitions the City Commission of the City of Boynton each, Florida (the "City Commission") in accordance with Section 190.046(1) of the Uniform Community Development Act of 1980, Chapter 190, Florida Statutes (the "Act"), to expand the boundaries of the District and in support thereof, hereby attests as follows: 1. That approximately 101.18 acres are currently within the external boundaries of the District. 2. That the Board desires to expand the boundaries of the District by adding approximately 4.995 acres as legally described on Exhibit A. Following such expansion of the District's boundaries, all lands in the District will continue to be located wholly within the jurisdictional boundaries of the City. [X14.: ( 1ZNKMF 9 Page 572 of 636 11111!11 1�1�llp!111111� 0 . 1 0 0 111111� r1ri, 111 � � � � 111i i 1�11 I li!�, does not exceed 50% of the acres initially located within the boundaries of the District and all RW 11111TIN !I I I I , MOM"6 won "I I 1 110 Iii M 6111111 IMN, =W111,1111III :,il boundaries. No real property within the external boundaries of the District as proposed is to be any District facilities to serve the proposed expansion area and the estimated cost of constructing 6. That annexed hereto as Exhibit D and made a part hereof is evidence of the written consent to the inclusion of its property in the District by the owner (directly or as attorney in fact) of one hundred percent (100%) of the real property within the proposed 7. That annexed hereto as Exhibit E and made a part hereof is a designation of the future general distribution, location, and extent of public and private uses of land within thi. proposed expansion area as shown on the future land use plan element of the City's 8. That annexed hereto as Exhibit F and made a part hereof is a statement of estimated regulatory costs in accordance with the requirements of Section 120.541, Florid.? Page 573 of 636 9. That following the proposed expansion of the District's boundaries on WITE MW 1111 0 1 rel •r- = Vistrict will be of sufficient size, compactness, and contiguity to be developable as one W11 Wou TiI available for delivering the community development facilities and services to the property that will be served by the District; (iv) the community development facilities and services of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities; and (v) the property comprising the District will be amenable to separate special-purpose government. ff MM A. Direct its staff to notice, as soon as practicable, a local public non -emergency grant the petition for the expansion of the District's boundaries and to amend the Ordinance B. Grant this Petition and enact an ordinance pursuant to applicable law amending 1111 111�1�1�111111�11p Page 574 of 636 htEl SPECTFULLY SUBMITTED this day of 32015. BOYNTON VILLAGE COMMUNITY DEVELOPME NT DISTRICT By: =1 I = = I N The foregoing instrument was acknowledged before me this '30 day of t3 "�— 2015, by XZ�M-A PR1Z-tL'tAA the ��icc-Chairperson of the Boar& of Supervisprs of the Boynton Village Community Development District, who is or produced r,, Cas identification. Page 575 of 636 1":11-11M jgI 1:1 Jill SMU - Park Parcel, of "BOYNTON TOWN CENTER, A P.C.Das recorded in Plat Book 106, Pages 144-151 of the Public Records of Palm Beach County, Florida; Said parcel of land situate within the City of Boynton Beach, Palm Beach County, Florida, containing 4.995 Acres, (217,567 Square Feet), more or less. 1IIID •!� Page 576 of 636 1*144* VA-te. EXHIBIT METES #, BOUNDS DESCRIPTION ParcelParcelParcel •.Parcel _ J - ., Parcel Parcel 8, SMU - Lake Parcel, SNW - Park Parcel, Tract C-1, and Spine Road Tract, all of "BOYNTON TOWN CENTER, a ! Das recorded Plat •• 16RJB. 144-15of the Public Records of Palm Beach County, Florida, together with all of "CORTINA P.U.D. REPLAT", as recorded in Plat Book 109 at pages 196-202 of said Public Records, said parcel being more particularly described as follows: Page 577 of 636 Said parcel of land situate within the City of Boynton Beach, Palm Beach County, Florida, containing 106.179 Acres, (4,625,160 Square Feet), more or less. Page 578 of 636 I IX"I` ! two 14 MON X42:I DI IOU% RIJ 1101 INAM I I I 110 11 R-1 114 E ON WCTII 1 Sanitary Sewer System 1'-,fsT,TsWM 6374 COST ESTIMATE $57,952 $60,133 $136,195 $31,812 October, 1 C#I • s OT;WATI]� October, 2016 Page 579 of 636 10,14:111-110 a1, Page 580 of 636 " W W I Imam On this day of , 2015, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, who, after being duly sworn, deposes and says: 1 . Affiant, , is the of the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida 3. Affiant hereby represents that he/she has full authority to execute the Petition to Expand the Boundaries of the Boynton Village Community Development District on behalf of the City. 4. The Property consists of approximately 4.995 acres of real property located in the City. 5. Affiant, on behalf of the City, as the fee simple owner of the Property, in the capacity described above, hereby gives its full consent to the expansion of the external boundaries of the Boynton Village Community Development District to include the Property therein. IN WITNESS WHEREOF, I have hereunto set my hand this _ day of ,2015. CITY OF BOYNTON BEACH, a municip corporation of the State of Florida, i STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 5 2015, by . as — of the City of Boynton Beach, a municipal corporation of the State of Florida. He/she is personally known to me or producei as idwicatio,(.. Page 581 of 636 ITM;MsjFMW=s 4 IM Mel MIMMIMPROMINN lifflMEMB Said parcel of land situate within the City of Boynton Beach, Palm Beach County, Florida, containing 4.995 Acres, (217,567 Square Feet), more or less. FIT11 I M, I FMI MITIMI W-1 MMM Page 582 of 636 Page 583 of 636 In a A AD Ww FAM"Mr t Fgs= 000 FRble's j is Page 584 of 636 nR Legend Community Redevelopment Area Q Urban CBD TCEA Boundary Expansionr :7t=0 , Ar .4 At ala 1 as w x:.. �i 4 zzi City Boundary WATER LOW DENSITY RESIDENTIAL - MODERATE DENSITY RESIDENTIAL (MODR) Max. 7.26 D.U. #FFICE COMMERCIAL! LOCAL RETAIL COMMERCIAL iw4 RECREATIONAL w w, MIXED SUBURBAN wwrA DEVELOPMENT OF REGIONAL IMPACT (DRI) CONSERVATION ` ! CONSERVATION OVERLAY Page 585 of 636 10114:101-M a"- VNIT5101 I � 1111,11 i� 1 iil i 111111 1111 1 ii 1.0 Introduction 1.1 Purpose and Scope This Statement of Estimated Regulatory Costs ("SERC") supports the petition to expand the boundaries of the Boynton Village Community Development District ("District"). The District currently contains approximately 10 1. 18 acres of land located in the City of Boynton Beach, Florida (the "City"). The proposed expansion area contains approximately 4.995 acres of land, also located in the City. The limitations on the scope of this SERC are explicitly set out in Section 190.002(2) (d), Florida Statutes ("F.S.") governing District establishment as follows: "That the process of establishing such a district pursuant to uniform general law shall be fair and based only on factors material to managing and financing the service delivery function of the district, so that any matter concerning permitting or planning of the development is not material or relevant (emphasis added)." The purpose of the District is to provide, operate and maintain public infrastructure, services, and facilities to a master planned mixed-use community containing a total of approximately 116 residential dwelling units and 435,441 square feet of commercial building area within the boundaries of the District, including approximately 26 residential dwelling units to be constructed within the proposed expansion area. Section 120.541(2), F.S. (2014), defines the elements a statement of estimated regulatory costs must contain: (a) An economic analysis showing whether the rule directly or indirectly; is likely to (1) have an adverse impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the rule; is likely to (2) have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after implementation of the rule; or is likely to (3) increase regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the rule. Page 586 of 636 LC comply with the rule, together with a general description of the types o individuals likely to be affected by the rule. (c) A good faith estimate of the cost to the agency (County), and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. (d) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entities, required to comply with the requirements of the ordinance. As used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment required to be installed *r used or procedures required to be employed in complying with the rule, additiomb *perating costs incurred, and the cost of monitoring and reporting. (e) An analysis of the impact on small businesses as defined by Section 288.703, and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. Miami -Dade County is not defined as a small County for purposes of this requirement. fflff�� (g) In the statement or revised statement, whichever applies, a description of any good faith written proposal submitted under paragraph (1) (a) and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed ordinance. ote: the references to "rule" in the statutory requirements for the Statement o7 Estimated Regulatory Costs also apply to an "ordinance" under section 190.005(2) (a), Florida Stalites." 2.0 An economic analysis of potential impacts on economic growth, business competitiveness ori regulatory costs, in excess of $1 million within the next 5 years. It is unlikely the establishment/creation of the District will meet any of the triggers in Section 120.541(2)(a), F.S. The basis for this determination is provided in the discussions in Section 3.0 through Section 6.0 herein. 3.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance. At buildout, the estimated total population of the District will be approximately 2790, with the proposed expansion area having an estimated population of 65. The types of Page 587 of 636 individuals•- affected by - ordinance will be - present • future residents • - faith4.0 A good estimate oa cost to the agency, and to any other statea local government entities, of implementingenforcing s anticipated effect on state or local revenues. � 1 1> 1 1 ! 1. ` E' 1 1 lil 1 I :• 1 �1 1 �... 1 1 , ! ,.. 1 Because the results of adopting the ordinance is establishment of a local special purpose government, there will be no enforcing responsibilities of any other government entity, but be various implementing responsibilities which are identified with their costsr '.r.. 1 1 l 1 1 1 1 1 9W andenforceproposed ! l 1 of the District. The District,1 1 1, and expanded, will encompass under 1,000 acres; therefore, the City is the establishing 1tity under 190.005(2), modest 1 1 various li implement 1 1enforce1 proposed ordinance 1' the receiptand l ii. processing 1 1us reports thatDistrict is required to file with the State and variousits entities.1 • lists the reporting requirements.1 1 those agenciesState 1 1 process 1 1reports1 because theDistrict is only one of manygovernmental units1required 1' submit the various reports. Therefore, the marginal cost of processing one additional of reportsAdditionally, pursuant 1 section 189.018, District mustpyyC annual 1 the State of 1! Deyartment of Economic1 1( I F offsets such costs. City of Boynton Beach There will be only ,• ,est costs to the City fornumber of - of the Petition to Expand the District boundaries does not include analysis of the development • • the Petitionprovides much of _ information- • r for a staffreview. Third, the City alreadypossesses the staff needed to conduct the review without•! for o capital required to review the Petition. routinelyprocesses simil.r petitions forr uses and zoning changes that are far • re complex than is the petition to expand the boundaries of •development district. Finally, potential • to the City of - Petition to Expand the District boundaries offset by .r .r filing costsThe annual • the City, because of the establishmentand expansion of District, are • very small. The District is an independentof • government. only costsannual • of ous reports that the District is required to provide to the City, or • r • expenses establishesCity may incur if it • • program •However, Page 588 of 636 Petitioner has includeda payment of $1,500 to offset any expenses the City may incur in the processing of this Petition, or in the monitoring of this District. Adoption of the proposed ordinance will have no negative impact on state or local revenues. The District is an independent unit of local government. It is designed to provide infrastructure facilities and services to serve the development project and it has its own sources of revenue. No state or local subsidies are required or expected. In this regard it is important to note that any debt obligations incurred by the District to construct its infrastructure, or for any other reason, are not debts of the State of Florida or any other units of local government. In accordance with State law, debts of the District are strictly its own responsibility. 5.0 A good faith estimate oft a transactional costs likely to be incurred by individuals and entities required to comply with the requirements oft a ordinance. Table 1 below provides an outline of the various facilities and services the District may provide to the proposed expansion area: 1 0 go 81 1 - - 11 - Lejvw�wiqns wou, rITIN; - - ties outlined in Table 1 to the proposed expanded area. Total costs for those Facilities, which may be provided, are estimated to be approximately $286,092. The District may issue special assessment bonds in one or more series to fund all of the costs or a portion of the costs of these Facilities located in the District. The proposed bonds would be repaid through non -ad valorem special assessments levied on all benefitted properties within the proposed expansion area that may benefit from the District's infrastructure program as outlined herein on Table 2 below. Table 3 herein below provides an approximate timetable for commencement and completion of the Facilities. Prospective future landowners in the proposed expansion area may be required to pay non -ad valorem assessments levied by the District to secure the debt incurred through bond issuance. In addition to the levy of non -ad valorem special assessments for debt Page 589 of 636 0 DI ZM443 *1*1 1b 1 0 go 81 1 - - 11 - Lejvw�wiqns wou, rITIN; - - ties outlined in Table 1 to the proposed expanded area. Total costs for those Facilities, which may be provided, are estimated to be approximately $286,092. The District may issue special assessment bonds in one or more series to fund all of the costs or a portion of the costs of these Facilities located in the District. The proposed bonds would be repaid through non -ad valorem special assessments levied on all benefitted properties within the proposed expansion area that may benefit from the District's infrastructure program as outlined herein on Table 2 below. Table 3 herein below provides an approximate timetable for commencement and completion of the Facilities. Prospective future landowners in the proposed expansion area may be required to pay non -ad valorem assessments levied by the District to secure the debt incurred through bond issuance. In addition to the levy of non -ad valorem special assessments for debt Page 589 of 636 and maintenance of the District and its owned facilities Furthermore, locating in the District by new property owners is completely voluntary. So, ultimately, all owners and users of the affected property choose to accept the non-ai valorem special assessments by various names and user fees as a tradeoff for the benefits and facilities that the District provides. A Community Development District ("CDD") provides property owners with the option of having higher levels of facilities and services financed through self-imposed assessments. The District is an alternative means to manage necessary development services with related financing powers. District management is no more expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a property owner's association, City provision, or through developer equity and/or bank loans. First, landowners in the District will receive a higher long-term sustained level of public services and amenities sooner than would otherwise be the case. Second, a CDD is a mechanism for assuring that the community services and amenities will be completed concurrently with development of lands within the District. This satisfies the revised growth management legislation, and it assures that growth pays for itself without undue burden on other consumers. Establishment of the District and expansion of the District boundaries will ensure that these landowners pay for the r+,rovision of facilities, services and improvements to these lands. Third, a CDD is the sole form of governance which allows District landowners, through landowner voting, to determine the type, quality and expense of District services they -receive, provided they meet the County's overall requirements. The cost impact on the ultimate landowners in the District is not the total cost for the District to provide infrastructure services and facilities. Instead, it is the incremental costs above what the landowners would have paid to install infrastructure via an alternative financing mechanism. Given the low cost of capital for a CDD, the cost impact to landowners is negligible. This incremental cost of the high quality infrastructure provided by the District is likely to be fairly low. Page 590 of 636 FACILITYAMPROV- 1 Water• • Collection•i October, 1 16 Roadway, October, 2015 • , + _ • • L Total Estimated Cost ;I I' �o / !Complete 11 1 1 Construction If !' • • • •' 1 October, 1 16 October, 2015 October, 2016 .0 An analysis of the impact ons all businesses as defined by Section 288.703, F.S., and an analysis of the impact ons all counties ands all cities as defined by Section 120.52, F.S. Approval of the petition to expand the District will have positive impacts on small business as defined in Chapter1' positive impacts because the additional population in the District will require••• • services from businesses.small - services can be provided • businesses that currently serve the general area. Additional opportunities will also be created for new businesses to be • • or • to the area. No negative impactsbeen identified for businesses as defined. estimatedThe City has an population in 2010 10,000; therefore,• defined • Irll City" according to Section 120.52, there will accordingly be no impact on a small City because of the establishment of the Page 591 of 636 7.0 Any additional useful information. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the petitioner's engineer and other professionals associated with the Petitioner. 8.0 In the statement or revised statement, whichever applies, a description of any good faith it proposal submitted under paragraph (1) (a) and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed rule. There have been no good faith written proposals submitted to the agency as described in Section 120.541(l)(a), Florida Statutes. Page 592 of 636 WIMMM ByrorrCTMIMI nRid ymmw1r R �,•� FL. STATUTE DUE DATE CITATION 11.45 within 45 days of audit completion, but no later than 12 months after end of fiscal year 218.32 within 45 days of financial audit completion, R ut no later than 12 months after end of fiscal year; if no audit required, by 4/30 200.068 no later than 30 days following the adoption of the property tax levy ordinance/resolution (if levying property taxes) within 30 days of accepting interest the appointment, then every year thereafter by 7/1 (by "local officers" appointed to special district's board); during the qualifying period, then every year thereafter by 7/1 (by "local officers" elected to special district's board) Public Facilities Report 189.415 within one year of special district's creation; then annual notice of any changes; and updated report every 5 years, 12 months prior to submission of local goverm-nent's evaluation and appraisal report Public Meetings Schedule 189.417 quarterly, semi-annually, or annually Bond Report 218.38 when issued Registered Agent 189.416 within 30 days after first meeting of governing board Proposed Budget 189.418 prior to end of current fiscal year Public Depositor Report 280.17 annually by 11/30 Page 593 of 636 13. B. LEGAL 10/20/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/20/2015 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 15-025 - SECOND READING - PUBLIC HEARING - Approve MILK South (LUAR 15-001) Future Land Use Map amendment from Local Retail Commercial (LRC) and Medium Density Residential (MeDR) to Mixed Use (MX), and PROPOSED ORDINANCE NO. 15-026 - SECOND READING - PUBLIC HEARING - Approve rezoning from C-2 (Neighborhood Commercial District) and R-2 (Single -and Two -Family Residential District), to MU -1_2 (Mixed Use Low Intensity 2 District). Applicant: City -initiated at the CRA request. EXPLANATION OF REQUEST: The subject application has been initiated by the City staff at the request of the CRA. It is one of the two concurrently processed City -initiated land use amendments/rezonings supporting redevelopment projects in the Heart of Boynton Community Redevelopment Area (the second application is for Ocean Breeze East). Amendments to the Land Development Regulations, pertaining to City -initiated land use amendments/rezonings such as represented by the subject request, are also currently under review by the City Commission (the amendments were approved by the City Commission on first reading on September 3, 2015). The proposed regulatory changes promote proactive, city -initiated application of future land use classification and zoning to selected sites if recommended by redevelopment plans or other significant planning documents. "Proactive" means that no developer as yet has come forward with a specific project. The proposed land use amendment/ rezoning is consistent with the Proposed Land Use Map of 2014 adopted within the Heart of Boynton Community Redevelopment Plan. The map shows the Commercial/Multifamily use category on the east side of the North Seacrest Boulevard between NE 9th Avenue and NE 11th Avenue (see Exhibit "B"). It encompasses the area subject to the proposed land use amendment and rezoning. The Commercial/Multifamily category recommended for the future MILK South project permits density up to 30 dwelling units per acre. Thus, it promotes significant commercial nodes at the intersection of North Seacrest Boulevard and Martin Luther King, Jr. Boulevard as well as residential development with density high enough to support them. This recommended maximum density corresponds to the maximum allowable density of the proposed Mixed Use Future Land Use category under the MU -1_2 zoning. The HOB Plan's Commercial/Multifamily category recommended for this intersection gives priority to commercial uses. While the proposed Mixed Use land use classification could result in a future MILK South project to be predominantly residential, staff understands that the CRA, who controls most of the land, will ultimately support the desirable master plan for the project. Moreover: In September 2014 the City approved the Family Dollar site plan for the southeast corner of North Seacrest Boulevard and Martin Luther King, Jr. Boulevard, directly west of the future MILK South project. This project, which involves an area slightly smaller than that of the Plan's "MILK Commercial Center," is currently under construction. • The CRA land assembly efforts also target the northern section of the recommended Commercial/Multifamily area, located between Martin Luther King, Jr. Boulevard and NE 11 th Avenue. Properties fronting on the north side of Martin Luther King, Jr. Boulevard already carry the C-2 Page 594 of 636 (Neighborhood Commercial) zoning; roughly half of this area is at present under the CRA ownership and is being considered a potential site of a future neighborhood market, long desired by the HOB community residents. To accommodate the market and potential other commercial uses, commercial zoning can eventually be extended further north to NE 11th Avenue. • The residential component of the future project would help to increase demand for larger commercial developments, contributing to more substantial commercial nodes. The proposed land use amendment/rezoning is also consistent with the City's Comprehensive Plan. Redevelopment plans are adopted into the Comprehensive Plan by reference; the Plan directs the City to implement their recommendations, and, specifically, supports land assembly to promote redevelopment in the CRA area. Staff recommends that the request be approved. The Planning and Development Board recommended that the subject request be approved on September 22, 2015. For further details pertaining to the request, see attached Department Memorandum 15-030. 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: Action Item - City 1.6/CRA 1.2 Promoting land assembly on and redevelopment of MILK Jr. Blvd. and the implementation of the 2014 HOB Community Redevelopment Plan. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type D Ordinance D Ordinance D Addendum D Addendum D Memo REVIEWERS: Department Reviewer Description Ordinance Approving MLK South Land Use Amendment Ordinance approving MLK South Rezoning Exhibit A - MLK South Location Map Exhibit b - HOB Community Redevelopment Plan Dept Memo 15-030 Action Date Page 595 of 636 City Clerk Foyle, Judith Approved 1011212015 - 3:13 ANA Page 596 of 636 1 ORDINANCE NO. 15- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE 5 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR 6 PROPERTY OWNED BY VARIOUS OWNERS AND LOCATED 7 APPROXIMATELY 125 FEET EAST FROM NORTH SEACREST 8 BOULEVARD BETWEEN MARTIN LUTHER KING JR 9 BOULEVARD AND NORTHEAST 9TH AVENUE; CHANGING THE 10 LAND USE DESIGNATION FROM LOCAL RETAIL COMMERCIAL 11 (LRC) AND MEDIUM DENSITY RESIDENTIAL (MeDR) TO MIXED 12 USE (MX); PROVIDING FOR CONFLICTS, SEVERABILITY, AND 13 AN EFFECTIVE DATE. 14 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 16 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element 17 pursuant to Ordinance No. 89-38 and in accordance with the Local Government 18 Comprehensive Planning Act; and 19 WHEREAS, the procedure for amendment of a Future Land Use Element of a 20 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 21 WHEREAS, after two (2) public hearings the City Commission acting in its dual 22 capacity as Local Planning Agency and City Commission finds that the amendment 23 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in 24 the best interest of the inhabitants of said City to amend the aforesaid Element of the 25 Comprehensive Plan as provided. 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 2 7 CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 29 herein by this reference. 30 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\E89A9BB4-E005-4AB4-AF69-10FF7EEABE2F\Boynton Beach. 2010.LMLK South LUAR - Ordinance.doc Page 597 of 636 31 following: 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 That the Future Land Use of the following described land located approximately 125 feet east from North Seacrest Boulevard, between Martin Luther King, Jr. Boulevard and Northeast 9th Avenue; changing the land use designation from Local Retail Commercial (LRC) and Medium Density Residential (MeDR) to Mixed Use (MX). LOTS 4 THROUGH 13, INCLUSIVE, BLOCK 4 AND LOTS 5 THROUGH 13, INCLUSIVE, BLOCK 5, PALM BEACH COUNTRY CLUB ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 11, PAGE 43, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: THE SOUTH 100 FEET OF THE WEST 5 FEET OF LOT 20, AND LOTS 21 AND 22, ROBERT WELLS' SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 11, PAGE 66, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE NORTH 10 FEET FOR ROAD RIGHT-OF-WAY PURPOSES. AND TOGETHER WITH: LOT 172, ARDEN PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 96, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Section 3: That any maps adopted in accordance with the Future Land Use Element of the Future Land Use Plan shall be amended accordingly. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 60 remainder of this Ordinance. 61 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, 62 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 63 Land Development Regulation Act. No party shall be vested of any right by virtue of the C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\E89A9BB4-E005-4AB4-AF69-10FF7EEABE2F\Boynton Beach. 2010.LMLK South LUAR - Ordinance.doc Page 598 of 636 64 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 65 including appeals, are exhausted. In the event that the effective date is established by state law or 66 special act, the provisions of state act shall control. 67 FIRST READING this day of , 2015. W. 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 SECOND, FINAL READING and PASSAGE this day of , 2015. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) YES NO C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\E89A9BB4-E005-4AB4-AF69-10FF7EEABE2F\Boynton Beach. 2010.LMLK South LUAR - Ordinance.doc Page 599 of 636 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ORDINANCE NO. 15 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT ASSOCIATION, AMENDING THE OFFICIAL ZONING MAP TO REZONE A PARCEL OF LAND LOCATED APPROXIMATELY 125 FEET EAST FROM NORTH SEACREST BOULEVARD, BETWEEN MARTIN LUTHER KING JR BOULEVARD AND NORTHEAST 9TH AVENUE AS MORE FULLY DESCRIBED HEREIN, FROM NEIGHBORHOOD COMMERCIAL DISTRICT (C-2) AND SINGLE AND TWO-FAMILY RESIDENTIAL DISTRICT (R-2) TO MIXED USE LOW INTENSITY 2 DISTRICT (MU -L2); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; 19 and 20 21 22 23 24 25 26 27 28 29 30 WHEREAS, City staff has initiated a Petition at the request of the Boynton Beach CRA to rezoning a parcel of land more particularly described hereinafter; and WHEREAS, the City Commission, following required notice, conducted a public hearing to consider the rezoning and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent with the Land Use described in the City's Comprehensive Plan; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\863F717B-803E-41D3-AF76-779B40823C4A\Boynton Beach. 2011.1. Rezoning _-_MLK_S outh. doc Page 600 of 636 31 Section 1. The foregoing Whereas clauses are true and correct and incorporated 32 herein by this reference. 33 Section 2. The following described land located approximately 125 feet east from 34 North Seacrest Boulevard, between Martin Luther King, Jr., Boulevard and Northeast 9th 35 Avenue is hereby rezoned from Neighborhood Commercial District (C-2) and Single and 3 6 Two -Family Residential District (R-2) to Mixed Use Low Intensity 2 District (MU -L2): 37 LOTS 4 THROUGH 13, INCLUSIVE, BLOCK 4 AND LOTS 5 THROUGH 13, 38 INCLUSIVE, BLOCK 5, PALM BEACH COUNTRY CLUB ESTATES, 39 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 11, 40 PAGE 43, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 41 42 TOGETHER WITH: 43 44 THE SOUTH 100 FEET OF THE WEST 5 FEET OF LOT 20, AND LOTS 21 AND 45 22, ROBERT WELLS' SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS 46 RECORDED IN PLAT BOOK 11, PAGE 66, PUBLIC RECORDS OF PALM 47 BEACH COUNTY, FLORIDA, LESS THE NORTH 10 FEET FOR ROAD RIGHT - 48 OF -WAY PURPOSES. 49 50 AND TOGETHER WITH: 51 52 LOT 172, ARDEN PARK, ACCORDING TO THE PLAT THEREOF AS 53 RECORDED IN PLAT BOOK 2, PAGE 96, PUBLIC RECORDS OF PALM BEACH 54 COUNTY, FLORIDA. 55 56 A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by 57 reference. 58 Section 3. That the Zoning Map of the City is amended to reflect this rezoning. 59 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 60 repealed. 61 Section 5. Should any section or provision of this Ordinance or any portion thereof be 62 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 63 remainder of this Ordinance. C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\863F717B-803E-41D3-AF76-779B40823C4A\Boynton Beach. 2011.1. Rezoning _-_MLK_S outh. doc Page 601 of 636 64 Section 6. This ordinance shall become effective immediately upon passage. 65 FIRST READING this day of , 2015. 66 SECOND, FINAL READING and PASSAGE this day of , 2015. 67 CITY OF BOYNTON BEACH, FLORIDA 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 ATTEST: 85 86 87 88 Janet M. Prainito, MMC 89 City Clerk 90 91 92 93 (Corporate Seal) 94 Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE YES NO C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\863F717B-803E-41D3-AF76-779B40823C4A\Boynton Beach. 2011.1. Rezoning _-_MLK_S outh. doc Page 602 of 636 Exhibit A MLK SOUTH (LUAR 15-001) LOCATION MAP Legend Land Use Categories MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 10 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC) PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) 0 25 50 100 150 200 Feet Page 603 of 636 Exhibit B Heart of Boynton Community Redevelopment Plan Proposed Land Use Map: HOB East, Update 2014 'u bl is Use ____ ____.__ . __.__ __ ____ _ Single Family_4feet _............ .... ...Density: 11-30 units/acre �� 1111j,tY,tqmpMax Height: 45 feet Density: 11 - Max Height: __w_ ----------- Commercial /:Multi -Family tion Commercial / Multi -Family Multi -Family 0mF�I-R. FSingleo Familyl Legend Single Family 0 Multi -Family 0 Multi -Family /Commercial = Commercial / Multi -Family Light Industrial 0 Recreation 0 Public Use 6th Ave NE 6th N 0 75 150 300 450 600 Feet Page 604 of 636 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 15-030 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Planner DATE: August 14, 2015 PROJECT: MLK South LUAR 15-001 REQUEST: Approve MLK South Future Land Use Map amendment from Local Retail Commercial (LRC) and Medium Density Residential (MeDR) to Mixed Use (MX), and rezoning from C-2 (Neighborhood Commercial District) and R-2 (Single -and Two -Family Residential District), to MU -1_2 (Mixed Use Low Intensity 2 District). PROJECT DESCRIPTION Property Owner: Boynton Beach CRA (10 parcels), private owners (7 parcels) Applicant: Vivian Brooks, CRA Executive Director Location: Approximately 125 feet east from North Seacrest Boulevard, between Martin Luther King, Jr. Boulevard and NE 9t" Avenue (Exhibit "A") Existing Land Use/ Zoning: Local Retail Commercial (LRC) and Medium Density Residential (MeDR)/ C-2 (Neighborhood Commercial District) and R-2 (Single -and Two -Family Residential District) Proposed Land Use/ Zoning: Mixed Use (MX)/ MU -1_2 (Mixed Use Low Intensity 2 District) Acreage: +/- 2.97 acres Page 605 of 636 Page 2 MLK South LUAR 15-001 Adjacent Uses: North: Right-of-way for Martin Luther King, Jr. Boulevard, and farther north, six vacant parcels classified Local Retail Commercial (LRC) and Medium Density Residential (MeDR) and zoned C-2 (Neighborhood Commercial District) and R-2 (Single -and Two - Family Residential District); South: Right-of-way for NE 9t" Avenue, and farther south, a developed property of the Saint John's Missionary Baptist church, classified Public and Private Governmental/Institutional and zoned R-2 (Single -and Two -Family Residential District); at the south-east, right-of-way for NE 1St Street and the City's Public Works facility, classified Public and Private Governmental/ Institutional and zoned PU (Public Usage); East: Northeast, rental triplex, then St. Cuthbert Episcopal Church and, further east, a developed 10 -unit rental property and a duplex; southeast, a duplex, then a vacant property, and further southeast developed single-family homes. All the above properties classified Medium Density Residential (MeDR) and zoned R-2 (Single -and Two -Family Residential District); West: Commercial property (Family Dollar store under construction), classified Local Retail Commercial (LRC) and zoned C-2 (Neighborhood Commercial District); farther west, right-of-way for North Seacrest Boulevard. BACKGROUND The area subject to the proposed Future Land Use Map amendment and rezoning consists of seventeen (17) parcels, ten (10) of which are owned by the Boynton Beach Community Redevelopment Agency (CRA). The remaining seven (7) parcels are privately owned, five of which by a single entity. The goal of this land assembly, undertaken by the CRA for a future project herein after referred to as MLK South, is to implement recommendations of the 2014 update of the Heart of Boynton Community Redevelopment Plan (the Plan). The subject application has been initiated by the City staff at the request of the CRA. It is one of the two concurrently processed City -initiated land use amendments/rezonings supporting redevelopment projects in the Heart of Boynton Community Redevelopment Area (the second application is for Ocean Breeze East). Amendments to the Land Development Regulations, pertaining to City -initiated land use amendments/rezonings such as represented by the subject request, are also currently under review by the City 2 Page 606 of 636 Page 3 MLK South LUAR 15-001 Commission (the amendments were approved by the City Commission on first reading on September 3, 2015). The proposed regulatory changes promote proactive, city - initiated application of future land use classification and zoning to selected sites if recommended by redevelopment plans or other significant planning documents. "Proactive" means that no developer as yet has come forward with a specific project; however, it may be argued that developers will likely give priority to sites with a desired zoning designation "on the ground", since: • The current future land use and zoning designation may not be consistent with the redevelopment plans or other plans documenting the City's vision and may deter a valuable potential applicant from pursuing his/her inquiry any further, resulting in a loss of a project for the City, and • It better prepares properties that may be developed using Low Income Housing Tax Credit (LIHTC) financing mechanism. The program, which provides nonprofit and for-profit developers with a dollar -for -dollar reduction in federal tax liability in exchange for the development of affordable rental housing, requires zoning to be on the ground at the time of the application. In the past, this rule prevented some potential redevelopment projects under consideration to proceed. A severe and worsening shortage of affordable rental housing underscores the need to address this problem. ANALYSIS The Land Development Regulations, Chapter 2, Article II, Section 2.13 and Section 2.D.3 list criteria used to review Comprehensive Plan Map amendments and rezonings. However, the subject land use amendment/rezoning is initiated by the City, at the request of the CRA. In this case—pursuant to the recently approved amendments to the Land Development Regulations—the following rules apply: • No master plan needs to be submitted concurrent with a planned district rezoning as typically required; and • The only criterion that the subject request must meet is the "Consistency" criterion, which reads: "Consistency. Whether the proposed FLUM amendment and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, redevelopment plans, and Land Development Regulations. Approvals of requests to rezone to a planned zoning district may include limitations or requirements imposed on the master plan in order to maintain such consistency." As corroborated in the analysis below, the subject request meets this criterion. Consistency with redevelopment plans 3 Page 607 of 636 Page 4 MLK South LUAR 15-001 The 2014 Heart of Boynton Community Redevelopment Plan's Proposed Land Use Map shows Commercial/Multifamily use category on the east side of the North Seacrest Boulevard between NE 9th Avenue and NE 11th Avenue (see Exhibit "B"). It encompasses the area subject to the proposed land use amendment and rezoning. Note that, to allow flexibility within the specified residential density thresholds, the map's use categories do not correspond to specific future land use classifications as defined by the City's Comprehensive Plan. The Commercial/Multifamily category recommended for the future MLK South project permits density up to 30 dwelling units per acre. Thus, it promotes significant commercial nodes at the intersection of North Seacrest Boulevard and Martin Luther King, Jr. Boulevard as well as residential development with density high enough to support them. This recommended maximum density corresponds to the maximum allowable density of the proposed Mixed Use Future Land Use category under the MU -1_2 zoning. (The existing Moderate Density Residential Future Land Use classification has the maximum density of 10 units/acre while no residential uses are permitted on the remaining part of the subject area, under Local Retail Commercial with C-2 zoning). The HOB Plan's Commercial/Multifamily category recommended for this intersection gives priority to commercial uses. The Plan also includes an "MLK Commercial Center" on the southeast corner of the intersection as one of the six major redevelopment opportunities in the Heart of Boynton. While the proposed Mixed Use land use classification could result in a future MLK South project to be predominantly residential, staff understands that the CRA, who controls most of the land, will ultimately support the desirable master plan for the project. Moreover: • In September 2014 the City approved the Family Dollar site plan for the southeast corner of North Seacrest Boulevard and Martin Luther King, Jr. Boulevard, directly west of the future MLK South project. This project, which involves an area slightly smaller than that of the Plan's "MLK Commercial Center," is currently under construction. • The CRA land assembly efforts also target the northern section of the recommended Commercial/Multifamily area, located between Martin Luther King, Jr. Boulevard and NE 11th Avenue. Properties fronting on the north side of Martin Luther King, Jr. Boulevard already carry the C-2 (Neighborhood Commercial) zoning; roughly half of this area is at present under CRA ownership and is being considered a potential site of a future neighborhood market, long desired by the HOB community residents. To accommodate the market and potential other commercial uses, commercial zoning can eventually be extended further north to NE 11th Avenue. • The residential component of the future project would help to increase demand for larger commercial developments, contributing to more substantial commercial 4 Page 608 of 636 Page 5 MLK South LUAR 15-001 nodes. A comparison of Exibits A (the MLK South boundary) and B (the 2014 Plan's Proposed Land Use Map) shows that the MLK South's boundary extends slightly past the boundary of the recommended "Commercial/Multi-Family" area (with the maximumn density of 30 units per acre) and into the area of "Multi -Family," where the recommended maximum density is a lower 20 units per acre and no commercial uses are allowed. This difference will be addressed with the master plan for the future development as needed. Consistency with the Comprehensive Plan Redevelopment plans are adopted into the Comprehensive Plan by reference; the Plan directs the City to implement their recommendations, and, specifically, supports land assembly to promote redevelopment in the CRA area: Objective 1.7 The City shall eliminate blighted residential neighborhoods and business districts through the adoption and implementation of Community Redevelopment Plans within the commercial and residential Community Redevelopment Area. This includes areas east of I-95, notably in the Federal Highway corridor, the Heart of Boynton and Boynton Beach Boulevard areas, and the Ocean District. Policy 1.7.1 The City shall consider the recommendations of adopted Community Redevelopment Plans and design guidelines when reviewing all requests for land use amendments and rezonings for property within the Community Redevelopment areas. Policy 1. 7.2 The City shall encourage land assembly to promote large-scale redevelopment and infill projects. Please also note that even though the Comprehensive Plan policies include requirements pertaining to ratio of residential to non-residential uses for mixed use land use classifications, they are not applicable to each specific project. Per Policy 1.3.1. d: Land use types shall be permitted according to the following ranges, expressed as a percentage of the total area in this plan designation. The percentages shall be applied on an areawide basis but shall not be interpreted to require each development to have a mixture of uses. Ranges of Allowable Percentages of Land Use Within the Area.- Residential rea.Residential 70%-90 Non-residential 10%-30 5 Page 609 of 636 Page 6 MLK South LUAR 15-001 The cumulative development in these areas shall be monitored to ensure that the proportional mix of uses is achieved by the year 2025. Staff will continue to monitor the cumulative percentage of these uses as developments occur. Master Plan/ Site Plan for the future proiect A master plan/site plan ultimately to be submitted for the future project must meet development standards of the LDR, namely Chapter 3, Article III., Section 1.E., Table 3- 4, Mixed Use Urban Building and Site Regulations. The CRA has been actively marketing this property and will provide information on the status of its efforts during the presentation at the public hearings. CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed land use amendment and rezoning and determined that they are consistent with the policies of the Comprehensive Plan and implement recommendations of the Heart of Boynton Community Redevelopment Plan. Therefore, staff recommends that the subject request be approved. S:\Planning\SHARED\WP\PROJECTS\MLK LUAR and REZN\LUAR 15-001 MLK South Staff Report.doc M Page 610 of 636 13.C. LEGAL 10/20/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/20/2015 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 15-027 - SECOND READING - PUBLIC HEARING - Approve Ocean Breeze East (LUAR 15-003) Future Land Use Map amendment from High Density Residential (HDR) to Mixed Use (MX) and PROPOSED ORDINANCE NO. 15-028 - SECOND READING - PUBLIC HEARING - Approving rezoning from R-3 (Multi -Family Residential District) to MU -1_2 (Mixed Use -Low Intensity 2 District). Applicant: City - initiated at the request of CRA EXPLANATION OF REQUEST: The subject application has been initiated by the City staff at the request of the CRA. It is one of the two concurrently processed City -initiated land use amendments/rezonings supporting redevelopment projects in the Heart of Boynton Community Redevelopment Area (the second application is for MILK South). Amendments to the Land Development Regulations, pertaining to City -initiated land use amend ments/rezoni ngs such as represented by the subject request, are also currently under review by the City Commission (the amendments were approved on the first reading during the September 3, 2015, Commission meeting). The proposed regulatory changes promote proactive, city -initiated application of future land use classification and zoning to selected sites if recommended by redevelopment plans or other significant planning documents. "Proactive" means that no developer as yet has come forward with a specific project. The 2014 Heart of Boynton Community Redevelopment Plan update lists two recommendations relevant to the proposed land use amendment and rezoning for Ocean Breeze East. Firstly, it lists "Ocean Breeze East Mixed Use Development" as one of the six major redevelopment project opportunities in the Heart of Boynton. The project's boundaries are clearly indicated on the "Heart of Boynton 2013 Master Plan" and coincide with the boundaries of the subject site. Also, the Proposed Land Use Map shows the Multifamily/Commercial use category on the east side of the North Seacrest Boulevard, extending from NE 4th Avenue to NE 9th Avenue. The Multifamily/Commercial category recommended for the Ocean Breeze East area permits density up to 40 dwelling units per acre; it promotes small commercial uses facing Seacrest Boulevard, but it emphasizes residential development with density high enough to support not only such small scale commercial uses but also the larger commercial nodes at the nearby intersection of North Seacrest Boulevard and Martin Luther King, Jr. Boulevard. The subject request, if approved, would advance implementation of the Ocean Breeze East Mixed Use Development as proposed by the Heart of Boynton Community Redevelopment Plan Update; it will also be consistent with the 2014 Heart of Boynton Community Redevelopment Plan's Proposed Land Use Map. The proposed MU -1_2 (Mixed Use Low Intensity 2 District) zoning carries a maximum density of 30 dwelling units per acre; however, since the Ocean Breeze East site is located within the Downtown Transit -Oriented Development District, the project's density can be increased by 25%, bringing it to 37 units per acre. The proposed land use amendment/ rezoning is also consistent with the City's Comprehensive Plan. Page 611 of 636 Redevelopment plans are adopted into the Comprehensive Plan by reference; the Plan directs the City to implement their recommendations, and, specifically, supports land assembly to promote redevelopment in the CRA area. Staff recommends that the request be approved. The Planning and Development Board recommended that the subject request be approved on September 22, 2015. For further details pertaining to the request , see attached Department Memorandum 15-032. 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: Action Item City 1.1/CRA 1.1 supporting the Ocean Breeze East project with the needed Future Land Use Classification and Zoning District, and which further implements the 2014 HOB Community Redevelopment Plan. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance approving Ocean Breeze East Rezoning D Ordinance Ordinance approving Ocean Breeze East Land Use Amendment D Addendum Exhibit A - Ocean Breeze East Location Map D Addendum Exhibit b - HOB Community Redevelopment Plan D Memo Dept Memo 15-032 REVIEWERS: Department Reviewer Action Date City Clerk Pyle, Judith Approved 10/12/2015 - 3:13 AM Page 612 of 636 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ORDINANCE NO. 15 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT ASSOCIATION, AMENDING THE OFFICIAL ZONING MAP TO REZONE A PARCEL OF LAND LOCATED BETWEEN NORTH SEACREST BOULEVARD ON THE WEST, NORTHEAST 1sT STREET ON THE EAST, NORTHEAST 7TH AVENUE ON THE NORTHD AND NORTHEAST 6TH AVENUE ON THE SOUTH AS MORE FULLY DESCRIBED HEREIN, FROM MULTI -FAMILY RESIDENTIAL DISTRICT (R-3) TO MIXED USE LOW INTENSITY 2 DISTRICT (MU -L2); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; 18 and 19 20 21 22 23 24 25 26 27 28 29 30 WHEREAS, City staff has initiated a Petition at the request of the Boynton Beach CRA to rezoning a parcel of land more particularly described hereinafter; and WHEREAS, the City Commission, following required notice, conducted a public hearing to consider the rezoning and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent with the Land Use described in the City's Comprehensive Plan; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\8FD20168-D087-4114-A7F2-77EFA4D7C7B4\Boynton Beach. 2022.1. Rezoning _-_Ocean_Breeze_East. doc Page 613 of 636 31 herein by this reference. 32 Section 2. The following described land bounded by North Seacrest Boulevard on 33 the west, Northeast 1st Street on the east, Northeast 7th Avenue on the north and Northeast 6th 34 Avenue on the south is hereby rezoned from Multi -Family Residential District (R-3) to Mixed 35 Use Low Intensity 2 District (MU -L2): 36 OCEAN BREEZE EAST 37 38 LOTS 1 THROUGH 12, INCLUSIVE, BLOCK 1, PALM BEACH COUNTRY CLUB 39 ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT 40 BOOK 11, PAGE 43, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, 41 LESS ALL THAT PORTION OF LOTS 1 AND 2 LYING WEST OF THE EAST 42 RIGHT OF WAY LINE, AND LESS THE EXTERNAL AREA OF A 20 FOOT 43 RADIUS CURVE, OF SEACREST BOULEVARD AS SHOWN ON THE RIGHT OF 44 WAY MAP THEREOF, RECORDED IN ROAD BOOK 5, PAGE 182, PUBLIC 45 RECORDS OF PALM BEACH COUNTY, FLORIDA. 46 47 TOGETHER WITH: 48 49 THE SOUTH 1/2 OF THE EAST 1/2 OF LOT 2 OF THE SUBDIVISION OF THE 50 WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 21, TOWNSHIP 45 SOUTH, 51 RANGE 43 EAST, AS RECORDED IN PLAT BOOK 1, PAGE 4, PUBLIC 52 RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE EAST 25 FEET 53 FOR N.E. IST STREET RIGHT OF WAY, LESS THE SOUTH 25 FEET FOR N.E. 54 6TH AVENUE RIGHT OF WAY, AND LESS ALL THAT PORTION THEREOF 55 LYING WEST OF THE EAST RIGHT OF WAY LINE, AND LESS THE 56 EXTERNAL AREA OF A 20 FOOT RADIUS CURVE, OF SEACREST 57 BOULEVARD AS SHOWN ON THE RIGHT OF WAY MAP THEREOF, 58 RECORDED IN ROAD BOOK 5, PAGE 182, PUBLIC RECORDS OF PALM 59 BEACH COUNTY, FLORIDA. 60 61 A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by 62 reference. 63 Section 3. That the Zoning Map of the City is amended to reflect this rezoning. 64 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 65 repealed. 66 Section 5. Should any section or provision of this Ordinance or any portion thereof be 67 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\8FD20168-D087-4114-A7F2-77EFA4D7C7B4\Boynton Beach. 2022.1. Rezoning _-_Ocean_Breeze_East. doc Page 614 of 636 68 remainder of this Ordinance. 69 Section 6. This ordinance shall become effective immediately upon passage. 70 FIRST READING this day of , 2015. 71 SECOND, FINAL READING and PASSAGE this day of , 2015. 72 73 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 CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) YES NO C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\8FD20168-D087-4114-A7F2-77EFA4D7C7B4\Boynton Beach. 2022.1. Rezoning _-_Ocean_Breeze_East. doc Page 615 of 636 1 ORDINANCE NO. 15- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE 5 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR 6 PROPERTY OWNED BY VARIOUS OWNERS AND BOUNDED BY 7 NORTH SEACREST BOULEVARD ON THE WEST, NORTHEAST 8 1sT STREET ON THE EAST, NORTHEAST 7TH AVENUE ON THE 9 NORTH AND NORTHEAST 6TH AVENUE ON THE SOUTH; 10 CHANGING THE LAND USE DESIGNATION FROM HIGH 11 DENSITY RESIDENTIAL (HDR) TO MIXED USE (MX); 12 PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN 13 EFFECTIVE DATE. 14 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 16 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element 17 pursuant to Ordinance No. 89-38 and in accordance with the Local Government 18 Comprehensive Planning Act; and 19 WHEREAS, the procedure for amendment of a Future Land Use Element of a 20 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 21 WHEREAS, after two (2) public hearings the City Commission acting in its dual 22 capacity as Local Planning Agency and City Commission finds that the amendment 23 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in 24 the best interest of the inhabitants of said City to amend the aforesaid Element of the 25 Comprehensive Plan as provided. 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 2 7 CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 29 herein by this reference. 30 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\214D880C-3B41-4986-8007-926C1C5FAFB2\Boynton Beach. 2021.1.Ocean Breeze East LUAR - Ordinance.doc Page 616 of 636 31 following: 32 That the Future Land Use of the following described land bounded by North Seacrest 33 Boulevard on the west, Northeast 1st Street on the east, Northeast 7th Avenue on the north and 34 Northeast 6th Avenue on the south changing the land use designation from High Density 35 Residential (HDR) to Mixed Use (MX). 36 OCEAN BREEZE EAST 37 38 LOTS 1 THROUGH 12, INCLUSIVE, BLOCK 1, PALM BEACH COUNTRY CLUB 39 ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 40 11, PAGE 43, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS ALL 41 THAT PORTION OF LOTS 1 AND 2 LYING WEST OF THE EAST RIGHT OF WAY 42 LINE, AND LESS THE EXTERNAL AREA OF A 20 FOOT RADIUS CURVE, OF 43 SEACREST BOULEVARD AS SHOWN ON THE RIGHT OF WAY MAP THEREOF, 44 RECORDED IN ROAD BOOK 5, PAGE 182, PUBLIC RECORDS OF PALM BEACH 45 COUNTY, FLORIDA. 46 47 TOGETHER WITH 48 49 THE SOUTH 1/2 OF THE EAST 1/2 OF LOT 2 OF THE SUBDIVISION OF THE WEST 50 1/2 OF THE SOUTHEAST 1/4 OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 51 EAST, AS RECORDED IN PLAT BOOK 1, PAGE 4, PUBLIC RECORDS OF PALM 52 BEACH COUNTY, FLORIDA, LESS THE EAST 25 FEET FOR N.E. IST STREET 53 RIGHT OF WAY, LESS THE SOUTH 25 FEET FOR N.E. 6TH AVENUE RIGHT OF 54 WAY, AND LESS ALL THAT PORTION THEREOF LYING WEST OF THE EAST 55 RIGHT OF WAY LINE, AND LESS THE EXTERNAL AREA OF A 20 FOOT RADIUS 56 CURVE, OF SEACREST BOULEVARD AS SHOWN ON THE RIGHT OF WAY MAP 57 THEREOF, RECORDED IN ROAD BOOK 5, PAGE 182, PUBLIC RECORDS OF PALM 58 BEACH COUNTY, FLORIDA. 59 60 61 Section 3: That any maps adopted in accordance with the Future Land Use Element of the 62 Future Land Use Plan shall be amended accordingly. 63 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 64 Section 5: Should any section or provision of this Ordinance or any portion thereof be 65 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 66 remainder of this Ordinance. 67 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\214D880C-3B41-4986-8007-926C1C5FAFB2\Boynton Beach. 2021.1.Ocean Breeze East LUAR - Ordinance.doc Page 617 of 636 68 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 69 Land Development Regulation Act. No party shall be vested of any right by virtue of the 70 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 71 including appeals, are exhausted. In the event that the effective date is established by state law or 72 special act, the provisions of state act shall control. 73 FIRST READING this day of , 2015. 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 SECOND, FINAL READING and PASSAGE this day of , 2015. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) YES NO C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\214D880C-3B41-4986-8007-926C1C5FAFB2\Boynton Beach. 2021.1.Ocean Breeze East LUAR - Ordinance.doc Page 618 of 636 Exhibit A OCEAN BREEZE EAST (LUAR 15-003) LOCATION MAP Legend Land Use Categories w.11 LOW DENSITY RESIDENTIAL (LDR) Max. 5 D.U./Acre MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 10 D.U./Acre HIGH DENSITY RESIDENTIAL (HDR) Max. 11 D.U./Acre PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) 0 37.5 75 150 225 300 Feet Page 619 of 636 Exhibit B Heart of Boynton Community Redevelopment Plan Proposed Land Use Map: HOB East, Update 2014 'u bl is Use ____ ____.__ . __.__ __ ____ _ Single Family_4feet _............ .... ...Density: 11-30 units/acre �� 1111j,tY,tqmpMax Height: 45 feet Density: 11 - Max Height: __w_ ----------- Commercial /:Multi -Family tion Commercial / Multi -Family Multi -Family 0mF�I-R. FSingleo Familyl Legend Single Family 0 Multi -Family 0 Multi -Family /Commercial = Commercial / Multi -Family Light Industrial 0 Recreation 0 Public Use 6th Ave NE 6th N 0 75 150 300 450 600 Feet Page 620 of 636 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 15-032 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Planner DATE: August 19, 2015 PROJECT: Ocean Breeze East LUAR 15-003 REQUEST: Approve Ocean Breeze East Future Land Use Map amendment from High Density Residential (HDR) to Mixed Use (MX) and rezoning from R-3 (Multi -Family Residential District) to MU -1_2 (Mixed Use -Low Intensity 2 District). PROJECT DESCRIPTION Property Owner: Boynton Beach CRA (2 parcels), JMS Boynton Beach LLC (1 parcel) Applicant: Vivian Brooks, CRA Executive Director Location: Area bounded by North Seacrest Boulevard on the west, NE 1St Street on the east, NE 7t" Avenue on the north and NE 6t" Avenue on the south (Exhibit "A") Existing Land Use/ Zoning: High Density Residential (HDR)/ R-3 (Multi -Family Residential District) Proposed Land Use/ Zoning: Mixed Use (MX)/ MU -1_2 (Mixed Use -Low Intensity 2 District) Acreage: +/- 5.55 acres Page 621 of 636 Page 2 Ocean Breeze East LUAR 15-003 Adjacent Uses: North: Right-of-way for NE 7t" Avenue; farther north one developed and one vacant property of the Church of God, and on the northwest, two vacant parcels; all the above properties classified Medium Density Residential (MeDR) and zoned R-2 (Single -and Two - Family Residential District); South: Right-of-way for NE 6t" Avenue; further south developed single- family homes and one vacant parcel; on the southwest, a developed childcare center; all the above properties classified Medium Density Residential (MeDR) and zoned R-2 (Single -and Two -Family Residential District); East: Right-of-way for NE 1 st street; farther east developed single-family homes, classified Medium Density Residential (MeDR) and zoned R-2 (Single -and Two -Family Residential District); West: Right-of-way for North Seacrest Boulevard, farther west single- family homes (Ocean Breeze West) classified High Density Residential (HDR) and zoned R-3 (Multi -Family Residential District); on the northwest corner of NW 6t" Avenue and North Seacrest Boulevard, a developed single-family home classified Low Density Residential (LDR) and zoned R-1 (Single -Family Residential District). BACKGROUND The lands subject to the proposed Future Land Use Map amendment and rezoning consist of three (3) parcels, of which two (2) are owned by the Boynton Beach Community Redevelopment Agency (CRA) and 1 (one) by a private entity, JMS Boynton Beach LLC. This action has been initiated by City staff at the request of the CRA. It aims to bring appropriate land use and zoning to the area in preparation for development of a project provisionally referred to as Ocean Breeze East. The subject site is an eastern portion of the former Boynton Terrace Apartments, a multifamily affordable housing project built in 1983 on both sides of the Seacrest Boulevard and destroyed by hurricanes in 2006. The 21 single-family home Ocean Breeze West development was recently completed on the western side of the boulevard. The proposed land use amendments/rezonings for Ocean Breeze East is one of the two concurrently processed requests supporting redevelopment projects in the Heart of 2 Page 622 of 636 Page 3 Ocean Breeze East LUAR 15-003 Boynton Community Redevelopment Area (the second application is MLK South). Amendments to the Land Development Regulations, pertaining to City -initiated land use amendments/rezonings such as represented by the subject request, are also currently under review by the City Commision (the amendments were approved on the first reading during the September 3, 2015, Comission meeting). The regulatory changes promote proactive, city -initiated applications for future land use classification and rezoning for selected sites if recommended by redevelopment plans or other significant planning documents. "Proactive" means that no developer as yet has come forward with a specific project; however, it may be argued that developers will likely give priority to sites with a desired zoning designation "on the ground", since: • The current future land use and zoning designation may not be consistent with the redevelopment plans or other plans documenting the City's vision and may deter a valuable potential applicant from pursuing his/her inquiry any further, resulting in a loss of a project for the City, and • It better prepares properties that may be developed using the Low Income Housing Tax Credit (LIHTC) financing mechanism. The program, which provides nonprofit and for-profit developers with a dollar -for -dollar reduction in federal tax liability in exchange for the development of affordable rental housing, requires zoning to be on the ground at the time of the application. In the past, this rule prevented some potential redevelopment projects under consideration to proceed. A severe and worsening shortage of affordable rental housing underscores the need to address this problem. ANALYSIS The Land Development Regulations, Chapter 2, Article II, Section 2.13 and Section 2.D.3 list criteria used to review Comprehensive Plan Map amendments and rezonings. However, the subject land use amendments/rezonings are initiated by the City, at the request of the CRA. In this case—pursuant to the above mentioned, recently approved amendments to the Land Development Regulations—the following rules apply: • No master plan needs to be submitted concurrent with a planned district rezoning as typically required; and • The only criterion that the subject request must meet is the "Consistency" criterion, which reads: "Consistency. Whether the proposed FLUM amendment and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, redevelopment plans, and Land Development Regulations. Approvals of requests to rezone to a planned zoning district may include limitations or requirements imposed on the master plan in order to maintain such consistency." 3 Page 623 of 636 Page 4 Ocean Breeze East LUAR 15-003 As corroborated in the analysis below, the subject request meets this criterion. Consistency with redevelopment plans The 2014 Heart of Boynton Community Redevelopment Plan update lists two recommendations relevant to the proposed land use amendment and rezoning for Ocean Breeze East. Firstly, it lists "Ocean Breeze East Mixed Use Development" as one of the six major redevelopment project opportunities in the Heart of Boynton. The project's boundaries are clearly indicated on the "Heart of Boynton 2013 Master Plan" and coincide with the boundaries of the subject site. Also, the Proposed Land Use Map shows the Multifamily/Commercial use category on the east side of the North Seacrest Boulevard, extending from NE 4t" Avenue to NE 9t" Avenue (see Exhibit "B"). Note that, to allow flexibility within the specified residential density thresholds, the map's use categories do not correspond to specific future land use classifications as defined by the City's Comprehensive Plan. The Multifamily/Commercial category recommended for the Ocean Breeze East area permits density up to 40 dwelling units per acre; it promotes small commercial uses facing Seacrest Boulevard, but it emphasizes residential development with density high enough to support not only such small scale commercial uses but also the larger commercial nodes at the nearby intersection of North Seacrest Boulevard and Martin Luther King, Jr. Boulevard. This density is significantly higher than the 11 units/acre maximum density of the existing land use classification. The subject request, if approved, would advance implementation of the Ocean Breeze East Mixed Use Development as proposed by the Heart of Boynton Community Redevelopment Plan Update; it will also be consistent with the 2014 Heart of Boynton Community Redevelopment Plan's Proposed Land Use Map. The proposed MU -1_2 (Mixed Use Low Intensity 2 District) zoning carries a maximum density of 30 dwelling units per acre; however, since the Ocean Breeze East site is located within the Downtown Transit -Oriented Development District, the project's density can be increased by 25%, bringing it to 37 units per acre. Please note that, even though the MU -1_2 district allows for a maximum height of 65 feet, the Heart of Boynton Community Redevelopment Plan limits the height of structures within the area designated Multifamily/Commercial to 45 feet. Consistency with the Comprehensive Plan Redevelopment plans are adopted into the Comprehensive Plan by reference; the Plan directs the City to implement their recommendations, and, specifically, supports land assembly to promote redevelopment in the CRA area: Objective 1.7 The City shall eliminate blighted residential neighborhoods 4 Page 624 of 636 Page 5 Ocean Breeze East LUAR 15-003 and business districts through the adoption and implementation of Community Redevelopment Plans within the commercial and residential Community Redevelopment Area. This includes areas east of I-95, notably in the Federal Highway corridor, the Heart of Boynton and Boynton Beach Boulevard areas, and the Ocean District. Policy 1.7.1 The City shall consider the recommendations of adopted Community Redevelopment Plans and design guidelines when reviewing all requests for land use amendments and rezonings for property within the Community Redevelopment areas. Policy 1. 7.2 The City shall encourage land assembly to promote large-scale redevelopment and infill projects. Master Plan/ Site Plan for the future proiect The subject site meets the minimum acreage and lot frontage parameters for the MU -L2 zoning district. A master plan/site plan ultimately to be submitted for the future project must meet development standards of the LDR, namely Chapter 3, Article III., Section 1.E., Table 3-4, Mixed Use Urban Building and Site Regulations. The CRA has been actively marketing this property and will provide information on the status of its efforts during the presentation at the public hearings. CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed land use amendment and rezoning and determined that they are consistent with the policies of the Comprehensive Plan and implement recommendations of the Heart of Boynton Community Redevelopment Plan. Therefore, staff recommends that the subject request be approved. S:\Planning\SHARED\WP\PROJECTS\Ocean Breeze East LUAR 15-003\LUAR 15-003 Ocean Breeze East Staff Report.doc 5 Page 625 of 636 13.D. LEGAL 10/20/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/20/2015 REQUESTED ACTION BY COMMISSION: Pursuant to Section 286.011(8), Florida Statutes, Attorney Cherof is requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: DENNIS GALINDEZ and MARLA GALINDEZ, his wife, Plaintiffs, vs. CITY OF BOYNTON BEACH, Defendant - Case No. 50 2015 CA 002413 Al EXPLANATION OF REQUEST: City Attorney James Cherof will be in attendance along with Assistant City Attorney Tracey DeCarlo, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. We will need approximately 60 minutes. The time and date of the private attorney-client session will be set at the October 20, 2015 City Commission meeting. 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: ATTACHMENTS: Type Description Memo Memo requesting Closed door session Page 626 of 636 REVIEWERS: Department Reviewer Action Legal Swanson, Lynn Approved Finance Howard, Tim Approved City Manager LaVerriere, Lori Approved Date 10/12/2015 - 2:21 PPA 101121201 - 2:37 PPA lwmwmais�� Page 627 of 636 CITY OF BOYNTON BEACH City Attorney's Office MEMORANDUM TO: Honorable Mayor and City Commission Lori LaVerriere, City Manager FROM: James A. Cherof, City Attorney Tracey DeCarlo, Assistant City Attorney DATE: October 12, 2015, 2015 RE: Request for Private Attorney -Client Session Pursuant to Section 286.011(8), Florida Statutes, I am requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: 1. DENNIS GALINDEZ and MARLA GALINDEZ, his wife, Plaintiffs vs. CITY OF BOYNTON BEACH, Defendant — Case No. 50 2015 CA 002413 Division Al I will be in attendance along with Assistant City Attorney Tracey DeCarlo, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. We will need approximately 60 minutes. The time and date of the private attorney-client session will be set at the October 20, 2015 City Commission meeting. JAC11ms C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\705608D9-8E49-412C-B3FC-4F177BA6E2C9\Boynton Beach. 2102.1.Request_For_Ex_Session_-102015_(GaIindez).Doc Page 628 of 636 13. E. LEGAL 10/20/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/20/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15-136 - Approve Resolution creating a Community Redevelopment Agency Advisory Board establishing procedures for appointment and removal of members. EXPLANATION OF REQUEST: The City Commission has determined that the interest of the City will best be served by creating an advisory board to provide input to the City Commission regarding matters related to the City's Community Redevelopment Agency. The advisory board will make recommendations on programs; activities and funding issues affecting the implementation of the CRA Plan. Recommendations shall include, but not be limited to, matters concerning land use and design regulations and applications, implementation of programs and activities, budgets and funding. The advisory board will be comprised of seven (7) individuals with experience, education or skills as determined necessary by the City Commission. No less than four (4) members of the Advisory Board shall be residents of the City. The advisory board members will serve at the pleasure of the City Commission and may be removed by a majority of the Commission with or without a statement of cause. The advisory board and its individual members shall operate in the sunshine and are subject to the Palm Beach County Code of Ethics. The appointees shall complete the required ethics training prior to assuming the duties of appointment. All costs associated with the operation of the advisory board will be assessed to the Community Redevelopment Agency budget. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non -budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Page 629 of 636 Grant Amount: ATTACHMENTS: Type REVIEWERS: Department Legal Finance City Manager Description Resolution creating a Community Redevelopment Agency Advisory Board Reviewer Action Swanson, Lynn Approved Howard, Tim Approved LaVerriere, Lori Approved Date 10/13/2016 - 8:12 AKA 1011312016 - 8:20 AKA 10116/2016 - 3:26 PPA Page 630 of 636 I RESOLUTION NO. R15- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, CREATING A COMMUNITY 5 REDEVELOPMENT AGENCY ADVISORY BOARD; 6 ESTABLISHING PROCEDURES FOR APPOINTMENT 7 AND REMOVAL OF MEMBERS; AND PROVIDING 8 FOR AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission has determined that the interest of the City will 11 best be served by creating an advisory board to provide input to the City Commission 12 regarding matters related to the City's Community Redevelopment Agency. 13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 14 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 15 Section 1. The foregoing "WHEREAS" clauses are true and correct and 16 hereby ratified and confirmed by the City Commission 17 Section 2. There is hereby created a Community Redevelopment Advisory Board. 18 19 20 21 22 23 24 25 26 The Advisory Board, at the direction of the City Commission, shall make recommendations on the programs; activities and funding issues affecting the implementation of the CRA Plan; Recommendations shall include but not be limited to, matters concerning land use and design regulations and applications; implementation programs and activities; budgets and funding. Section 3. The Advisory Board will be comprised of seven (7) individuals with experience, education, or skills as determined necessary by the City Commission. No less than four (4) members of the Advisory Board shall be residents of the City. Advisory Board Members serve at the pleasure of the City Commission and may be removed by a majority of the Commission with or without a statement of cause. {00098510.1 306-9001821 } Page 631 of 636 27 Section 4. The Advisory Board and its individual members shall operate in the 28 sunshine. Board members are subject to the Palm Beach County Code of Ethics. Appointees 29 shall complete required ethics training prior to assuming the duties of appointment. 30 Section 5. Costs associated with the operation of the Advisory Board will be 31 assessed to the Community Redevelopment Agency budget. 32 Section 6. That this Resolution will become effective immediately upon passage. 33 PASSED AND ADOPTED this day of , 2015. 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 ATTEST: 54 55 56 57 Janet M. Prainito, MMC 58 City Clerk 59 60 61 62 (Corporate Seal) 63 {00098510.1 306-9001821 } CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE YES NO Page 632 of 636 13.F. LEGAL 10/20/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/20/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15-137 - Authorize the City Attorney or his designee to accept service of process on behalf of the City in the absence of the Mayor, Vice - Mayor or any member of the City Commission. EXPLANATION OF REQUEST: Florida Statute 48.111 provides for the service of process (delivery of a new lawsuit) on a public agency be accomplished by a process server personally serving a summons and complaint to the Mayor, or in his absence to the Vice -Mayor, or in the absence of both, to a City Commissioner. There are times when the Mayor, Vice -Mayor and members of the City Commission are not at City Hall. In the interest of justice and to facilitate the progress, staff is requesting that the Commission approve the City Attorney or his designee to accept service of a summons and complaint on behalf of the City. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? n/a FISCAL IMPACT: Non -budgeted none ALTERNATIVES: Do not authorize a representative to accept service of process on behalf of the City. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type r Description Resolution authorizing City Attorney or his designee to accept service of process on behalf of the City Page 633 of 636 REVIEWERS: Department Reviewer Action Legal Swanson, Lynn Approved Finance Howard, Tim Approved City Manager LaVerriere, Lori Approved Date 10/1312016 - 1:38 PPA 1011312016 - 2:26 PPA lwmwmais�� Page 634 of 636 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 RESOLUTION NO. R15 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY ATTORNEY OR HIS DESIGNEE TO ACCEPT SERVICE OF PROCESS ON BEHALF OF THE CITY IN THE ABSENCE OF THE MAYOR, VICE MAYOR OR ANY MEMBER OF THE CITY COMMISSON; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statute s. 48.11 states that service of process (delivery of a new lawsuit) on a municipality be accomplished by a process server personally delivering a summons and copy of complaint to the Mayor, or in the absence of the Mayor to the Vice - Mayor, or in the absence of both to a City Commissioner; and WHEREAS, there are times when the Mayor, Vice Mayor and Members of the Commission are not present at City Hall; and WHEREAS, the Commission finds that it is in the interest of justice to facilitate the progress of a lawsuit by allowing the City Attorney or his designee to accept service of a summons and complaint. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "WHEREAS" clauses are true and correct and 24 25 26 27 28 29 hereby ratified and confirmed by the City Commission Section 2. The City Commission authorizes the City Attorney or his designee to accept service of a summons and complaint when neither the Mayor, nor the Vice Mayor, nor any Member of the City Commission is present at City Hall. Section 3. That this Resolution will become effective immediately upon passage. {00098527.1 306-9001821 } Page 635 of 636 30 31 PASSED AND ADOPTED this day of , 2015. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) {00098527.1 306-9001821 } CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE YES NO Page 636 of 636