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Agenda 05-01-18
The City of wr Boynton Beach y City Commission Agenda Tuesday, May 1 , 2018, 6:30 PM City Hall Chambers 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Regular City Commission Meeting Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Christina L. Romelus (District III) Commissioner Justin Katz (District 1) Commissioner Mack McCray (District 11) Commissioner Joe Casello (District IV) Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk *MISSION* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. -to- die,,C0 www.boy nton-beach.org Page 1 of 600 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES AND PROCEDURES FOR PUBLIC PARTICIPATION AT CITYOF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes and Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. • Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." • Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit- Three (3) Minutes • Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit- Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule- some meetings have been moved due to Holidays/Election Day). Page 2 of 600 1. OPENINGS A. Call to Order - Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner Katz Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS A. Legislative update from Representative Al J acquet B. Legislative update from Senator Bobby Powell C. Proclaim May 6 through May 12 as Municipal Clerks Week. D. Proclaim May as National Historic Preservation Appreciation Month and recognize the 50th year anniversary of the Boynton Beach Historical Society. E. Proclaim the month of May as National Lupus Awareness Month F. Proclaim May 2018 as National Mental Health Month. Boynton Beach Mental Health Committee will be present to accept the Proclamation.. 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: 2 Alts Building Board of Adjustments &Appeals: 2 Regs and 1 Alt Employee Pension Board: 1 Reg Senior Advisory Board: 1 Reg and 2 Alts 6. CONSENTAGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for Page 3 of 600 "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. R18-066- Approve traffic enforcement agreement with Nautica Sound Homeowner's Association. B. PROPOSED RESOLUTION NO. R18-067- Authorize the City Manager to sign an agreement with Zambelli Fireworks Manufacturing Co. of Boca Raton, FL as a result of RFP No. 007-2710- 18/IT for the Fourth of July fireworks displays for the Years 2018, 2019 and 2020 and other additional City events as required for an amount as approved and budgeted by the City Commission for events. C. Approve utilizing the US Communities Contract# EV2370, with the City of Kansas City being the lead agency, with Graybar Electric Company for the purchase of electrical parts and components for the City's lift stations for an estimated annual expenditure of $60,000. The US Communities procurement process satisfies the City's competitive bid requirements. D. Approve utilizing the City of Bartow, FL Bid No. WD-2018-04 with American Water Chemicals, Inc. of Plant City, FL for Corrosion Inhibitor AWC A-782 for an estimated annual cost of $40,000. The City of Bartows procurement process satisfies the City's competitive bid requirements. E. Authorize the purchase of a 28" trailer and outfit in the amount of $40,816.10 from Texas Trailers of Gainesville, FL by utilizing the Florida Sheriff's Association Contract #FSA17-VEH15.0. The Florida Sheriff's Association procurement process satisfies the City's competitive bid requirements. F. Accept the City of Boynton Beach Community Rating System (CRS) Flood Mitigation Plan Progress Report, Action Plan Updates and Program fro Public Information Evaluation Report (May-December 2017). Copies will be available to the public on-line at the Utility's Facebook page (https://www.facebook.com/BoyntonBeachUtilities/) and a number of copies are available on the table at the back of the commission chamber. G. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities as described in the written report for May 1, 2018 - "Request for Extensions and/or Piggybacks." H. Approve the minutes from City Commission meeting held on April 17, 2018. 7. BIDS AND PURCHASES OVER $100,000 A. Approve an increase to the estimated expenditure to Rehrig Pacific of Orlando, FL from $100,000 to $125,000 per City Bid #048-2510-15/JMA for Molded Refuse Containers and Parts due to development in the City and the need to replace existing containers. B. Award Bid No. 014-1211-18/ITfor Removal, Replacement and installation of Field Netting at Little League Park, and authorize the City Manager to issue a Purchase Order to Anzco, Inc. of Boca Raton, FL as the lowest responsive, responsible bidder in the total amount of $160,607.00 with a 10% contingency for a total approved amount of $176,667.70. Award is contingent upon the receipt and approval of insurance and performance and payment guaranty. 8. 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. PROPOSED ORDINANCE NO. 18-005 - SECOND READING - Approve Telecommunications in Public Rights-of-Way (CDRV 18-001) - Amending Part II Code of Ordinances Chapter 25.1 Communications Facilities in Right-of-Way for consistency Page 4 of 600 with the State's Advanced Wireless Infrastructure Deployment Act. City-initiated. (Tabled to May 1, 2018) 9. CITY MANAGER'S REPORT - None 10. UNFINISHED BUSINESS A. To consider the recommendation from the Recreation & Parks Board, as presented by Board Chair Betty Pierce-Roe, not allow dogs on the beach at Oceanfront Park. 11. NEW BUSINESS A. PROPOSED RESOLUTION NO. R18-068-Authorize Mayor to sign an agreement with Florida Caribbean Architecture of Boynton Beach, FL for Project Management Services for the Town Square Project for a monthly amount of$15,200. 12. LEGAL A. Approve proposed settlement and authorize payment of $50,000 to settle the case of Barry Goldman v City of Boynton Beach. B. PROPOSED ORDINANCE NO. 18-007 - FIRST READING - Approve Amendments to Abandoned Personal and Real Property Code (10-51.5) -Amending the GARBAGE, TRASH, AND OFFENSIVE CONDITIONS, Chapter 10, Article III, Abandoned Property, Section 10- 51.5; to clarify the definitions of default and mortgagee; and to clean up language as to when a registration is required. C. PROPOSED ORDINANCE NO. R18-008 - FIRST READING - Approve the revised and updated City ordinances to regulate the Fire Department. This is a revision of the local fire prevention ordinances as is required by Florida State Statute when a new edition of the Florida Fire Prevention Code has been adopted. Approval of this revision by the Board will allow our fire prevention ordinances to be consistent with the latest version of the Fire Prevention Code and comply with State Statutes. D. The Mayor has requested that legal update the Commission on opioid and gun lawsuits that are occurring around the state. (Tabled to May 1, 2018) E. PROPOSED ORDINANCE 18-006 - SECOND READING - PUBLIC HEARING - Approval of Ordinance amending Section 18-164 of the Code of Ordinances to provide for mutual consent regarding use of the 185 money; amending Section 18-169 to add normal retirement age definition for members who retire with (20) years of service only retirement, to provide for payment of death benefits to a designated beneficiary in the event that there is no spouse, and to add ten year vesting for Police Officers hired on or after October 1, 2016; adding a new Section 18-178 to add a rehire after retirement provision. (Tabled to May 15, 2018) 13. FUTURE AGENDA ITEMS A. Staff to review PBC Ordinance on Panhandlers- May 2018 B. Approve Quantum Lakes Villas West Major Site Plan Modification (MSPM 17-001) for 104 Multi- family rental units and associated recreational amenities and site improvements, as well as a request for four (4) setback waivers, located on Lot 52 of Quantum Park, in the PID (Planned Industrial Development) zoning district. Applicant: John Lyon, Olen Properties. - May 15, 2018 C. Approve Boynton Village & Town Center Master Plan Modification (MPMD 18-002) to amend the previous approvals for SMU Parcel 1 from 115 single-family homes to 378 apartments and 55 townhomes, while reducing the total number of the approved residential unit allotment within the entire master plan from 1,120 to 1,115. Applicant: John Markey, JMK Developers. - May 15, 2018 D. Approve Cortina I I I Major Site Plan Modification (MSPM 18-003) to construct 378 apartments, 55 townhomes, and related site improvements on SMU Parcel 1 of the Boynton Village & Town Page 5 of 600 Center master plan. Applicant: John Markey, JMK Developers. - May 15, 2018 E. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Rolling Green Girl Scout Park F. Commissioner Katz has requested the City Attorney to provide update on legal issues with QPODD - TBD G. Staff to bring back to Commission results of negotiation with property owner a real estate purchase and sale agreement between the City of Boynton Beach and Brittany Bumgardner for a vacant parcel at the end of SW 24th Avenue adjacent to 1-95. - TBD H. Staff to report on the possibility of the City beginning a Bike Share Program- May 15, 2018 1. Mayor Grant to discuss PBC Transportation Planning Agency, Nick Uhren, Executive Director will be present- May 15, 2018 J. Agreement for Textile Recycling Franchise Agreement with FLSC, LLC dba Florida Textile Recycling Program for an exclusive City-W ide program- May 15, 2018 K. Announce Budget Workshop dates and times: Public Input Budget Workshop, Tuesday, May 29, 2018 @ 6:30 P.M. at Intracoastal Park Clubhouse; and Budget Workshops at Intracoastal Park Clubhouse; Monday, July 16, 2018 @ 5:00 P.M. Tuesday, J my 17, 2018 @ 10:00 A.M. Wednesday, July 18, 2018 @ 2:00 P.M. 14. ADJOURNMENT NOTICE IFA PERSON DECIDES TO APPEALANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING,HUSHE WILL NEEDA RECORD OF THE PROCEEDINGSAND,FOR SUCH PURPOSE,HUSHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING 1S MADE,WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THEAPPEAL 1S TO BE BASED.(F.S 286.0105) THE CITY SHALL FURNISH APPROPRIATEAUXII.IARYAIDSAND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL W1THA DISABILITYAN FQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OFA SERVICE,PROGRAM,ORACTIVITY CONDUCTED BY THE CITY.PLEASE CONTACT THE CITY CLERKS OFFICE,(561)742-6060 OR(TTY)1-800-955-8771,AT LEAST 48 HOURS PRIOR TO THE PROGRAM ORACTIVITY 1N ORDER FOR THE CITY TO REASONABLYACCOMMODATE YOUR REQUEST. ADD1TIONALAGENDA ITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THE C1TYS WEB SITE. INFORMATION REGARDING 1TEMSADDED TO THEAGENDAAFTER IT 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 6 of 600 1.A. OPENING ITEMS 5/1/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: Call to Order- Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner Katz Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non-budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 7 of 600 2.A. OTHER 5/1/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: Informational items by Members of the City Commission EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 8 of 600 3.A. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 5/1/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: Legislative update from Representative Al Jacquet EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 9 of 600 3.B. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 5/1/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: Legislative update from Senator Bobby Powell EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 10 of 600 3.C. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 5/1/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: Proclaim May 6 through May 12 as Municipal Clerks Week. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Proclamation Proclamation Page 11 of 600 Nr Proclamation WHEREAS,The Office of the Municipal Clerk,a time honored and vital part of local government exists throughout the world,and the Office of the Municipal Clerk is the oldest among public servants;and WHEREAS, The Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels. Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality,rendering equal service to all;and WHEREAS,The Municipal Clerk serves as the information center on functions of local government and community; and continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state,provincial,county and international professional organizations. WHEREAS,It is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the week of May 6—12,Two Thousand Eighteen as: Municipal Clerk's Week IN WITNESS WHEREOF,I have hereunto set my band and cause the Seal of the City of Boynton Beach, Florida,to be affixed at Boynton Beach Florida,the Is'day of May Two Thousand Eighteen. Steven B. Grant,Mayor ATTEST: Judith A. Pyle,CMC City Clerk 3.D. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 5/1/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: Proclaim Mayas National Historic Preservation Appreciation Month and recognize the 50th year anniversary of the Boynton Beach Historical Society. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Proclamation Page 13 of 600 Nr Proclamation WHEREAS, historic preservation is an effective tool for managing growth and sustainable development, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability;and WHEREAS,historic preservation is relevant for communities across the nation,both urban and rural,and for Americans of all ages,all walks of life and all ethnic backgrounds;and WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people;and WHEREAS, the City of Boynton Beach recognizes and appreciates the efforts of the Boynton Beach Historical Society, in this their 50,h Anniversary year, to increase awareness and promote the need for public participation in preserving Boynton Beach's history, especially taking pride in the preservation of both of our historical schools which are our local treasures. NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the month of May Two Thousand Eighteen as: National Historic Preservation Month And call upon the people of Boynton Beach to join their fellow citizens across the United States in recognizing and participating in this special observance. IN WITNESS WHEREOF,I have hereunto set my hand and cause the Seal of the City of Boynton Beach, Florida,to be affixed at Boynton Beach Florida,the JIT day of May Two Thousand Eighteen. Steven B. Grant,Mayor ATTEST: Judith A. Pyle,CMC City Clerk 3.E. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 5/1/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: Proclaim the month of May as National Lupus Awareness Month EXPLANATION OF REQUEST: Lupus Foundation of America is devoted to solving the mystery of lupus, one of the world's cruelest, most unpredictable, and devastating diseases, while giving caring support to those who suffer from its brutal impact. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: Not to proclaim the month of May as National Lupus Awareness Month STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Proclamation Proclamation Page 15 of 600 Nr Proclamation WHEREAS, each year, the Lupus Foundation of America designates May as National Lupus Awareness Month to show support for the estimated 1.5 million Americans who have lupus. WHEREAS,lupus is a cruel and mysterious chronic (lifelong) autoimmune disease in which the immune system is unbalanced,causing inflammation and tissue damage to virtually every organ system in the body. WHEREAS,lupus can affect any part of the body,including the skin,lungs,heart,kidneys,and brain. No organ is spared. The disease can cause seizures,strokes,heart attacks,miscarriages,and organ failure. WHEREAS, while lupus strikes mostly women of childbearing age, no one is safe from lupus. African Americans, Hispanics/Latinos,Asians and Native Americans are two to three times more likely to develop lupus-a disparity that remains unexplained. WHEREAS, lupus can be particularly difficult to diagnose because its symptoms are similar to those of many other illnesses, and major gaps exist in understanding the causes and consequences of lupus. More than half of all people with lupus take four or more years and visit three or more doctors before obtaining a correct diagnosis. WHEREAS, there has been only one new drug approved by the U.S. Food and Drug Administration specifically for lupus in 56 years;current treatments for the disease can NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the month of May,Two Thousand Eighteen as: LUPUS AWARENESS MONTH IN WITNESS WHEREOF,I have hereunto set my hand and cause the Seal of the City of Boynton Beach, Florida,to be affixed at Boynton Beach Florida,the Is' day of May Two Thousand Eighteen. Steven B. Grant,Mayor ATTEST: Judith A. Pyle,CMC City Clerk 3.F. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 5/1/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: Proclaim May 2018 as National Mental Health Month. Boynton Beach Mental Health Committee will be present to accept the Proclamation.. EXPLANATION OF REQUEST: The Boynton Beach community has access to coordinated and integrated networks of behavioral health services and supports that enhance mental health, wellness and quality of life. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non-budgeted ALTERNATIVES: Not to proclaim May 2018 as National Mental Health Month STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Proclamation Proclamation Page 17 of 600 Nr Proclamation WHEREAS,mental health is essential to everyone's overall health and well-being,and; WHEREAS,everyone experiences times of stress and struggles in their lives,and one in four adults and one in five youth ages 13-18 experiences serious mental illness and; WHEREAS,60 percent of adults and 50 percent of youth do not receive the treatment necessary for their mental health needs due to limited or no knowledge of the need,barriers to care,or fear and shame,and; WHEREAS,research recognizes that adverse childhood experiences (ACEs),which include,but are not limited to physical,emotional and sexual abuse,physical and emotional neglect,household dysfunction,untreated mental illness, or incarceration of a household member, domestic violence, micro-aggressions and separation or divorce involving household members,are traumatic experiences that can have a profound effect on a child's developing brain and body and can result in poor physical and mental health during childhood and adulthood,and; WHEREAS, promoting mental health and wellness leads to higher overall productivity, better educational outcomes,lower crime rates,stronger economies,lower health care costs,improved family life,improved quality of life and increased lifespan,and WHEREAS, the City of Boynton Beach,recognizes the work of the Boynton Beach Mental Health Committee impacting awareness and education,access to services and acceptance of the importance of mental health and well- being to a person's overall success and supports the implementation of trauma informed approaches throughout the systems of care. NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the month of May of Two Thousand Eighteen as: MENTAL HEALTH AWARENESS AND TRAUMA INFORMED CARE MONTH IN WITNESS WHEREOF,I have hereunto set my hand and cause the Seal of the City of Boynton Beach,Florida,to be affixed at Boynton Beach Florida,the Isr day of May Two Thousand Eighteen. Steven B. Grant,Mayor ATTEST: Judith A. Pyle,CMC City Clerk 5.A. ADMINISTRATIVE 5/1/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 2 Alts Building Board of Adjustments&Appeals: 2 Regs and 1 Alt Employee Pension Board: 1 Reg 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: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 19 of 600 ATTACHMENTS: Type Description D Other Appointments 05-01-18 Page 20 of 600 APPOINTMENTS AND APPLICANTS FOR MAY 1, 2018 Arts Commission Ili Romelus Alt 2 yr term to 12/19 IV Casello Alt 2 yr term to 12/19 Applicants None Building Board of Adjustments and Appeals III Romelus Alt 2 yr term to 12/19 (Tabled 3) 1 Katz Alt 2 yr term to 12/19 Mayor Grant Reg 3 yr term to 12/18 IV Casello Reg 2 yr term to 12/19 (Tabled 3) Applicants None , Employee Pension Board IV Casello Reg 4 yr term to 12120 Tabled (2) Applicants None Senior Advisory Board IV Casello Alt 2 yr term to 12/19 (Tabled 3) Mayor Grant Alt 2 yr term to 12/19(Tabled 3) I Katz Reg 2 yr term to 12/19(Tabled 3) Applicants None Page 21 of 600 6.A. CONSENTAGENDA 5/1/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-066- Approve traffic enforcement agreement with Nautica Sound Homeowner's Association. EXPLANATION OF REQUEST: HOA requested the agreement due to excessive speeding in the development. The HOA changed the speed limit and posted proper DOT signs to be compliant. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? We would be able to educate the residence of Nautica Sound so that they will all be safe in their community. It will not impact any services. FISCAL IMPACT: Non-budgeted None ALTERNATIVES: Do not sign agreement. STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Traffic Enforcement Agreement with Nautica Sound Agreement Traffic Enforcement Agreement Page 22 of 600 I RESOLUTION R18- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, AUTHORIZING AND 6 DIRECTING THE MAYOR TO SIGN AN 7 AGREEMENT FOR TRAFFIC ENFORCEMENT 8 BETWEEN THE CITY OF BOYNTON BEACH, 9 FLORIDA AND NAUTICA SOUND HOMEOWNERS 10 ASSOCIATION, INC., AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 WHEREAS,Nautica Sound Homeowners Association, Inc., (hereinafter referred to as 14 "Association") owns or controls certain private roads lying and being in the City of Boynton 15 Beach, Florida; and 16 WHEREAS, Association does not have the power to enact or enforce traffic laws 17 within the Association, nor can it hire others with police power to do so; and 18 WHEREAS, pursuant to Chapter 316.006(1)(b), Florida Statutes, the Association 19 hereby grants to the City of Boynton Beach, municipal traffic control jurisdiction over all 20 those certain private roads in said Association. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission of the City of Boynton Beach, Florida does 27 hereby authorize and direct the Mayor to sign the Agreement for Traffic Enforcement between 28 the City of Boynton Beach, Florida and Nautica Sound Homeowners Association, Inc., a copy 29 of which is attached hereto as Exhibit "A". C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\33291E82-A012-485B-8092-C423FFAA7596\Boynton Beach.10230.1.Nautica Sound Traffic Enforcement - Reso.doc Page 23 of 600 30 Section 3. This Resolution will become effective immediately upon 31 passage. 32 PASSED AND ADOPTED this day of , 2018. 33 34 CITY OF BOYNTON BEACH, FLORIDA 35 36 YES NO 37 38 Mayor— Steven B. Grant 39 40 Vice Mayor—Christina L. Romelus 41 42 Commissioner—Mack McCray 43 44 Commissioner—Justin Katz 45 46 Commissioner—Joe Casello 47 48 49 VOTE 50 51 ATTEST: 52 53 54 55 Judith A. Pyle, CMC 56 City Clerk 57 58 59 60 (Corporate Seal) 61 62 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\33291E82-A012-485B-8092-C423FFAA7596\Boynton Beach.10230.1.Nautica Sound Traffic Enforcement - Reso.doc Page 24 of 600 AGREEMENT F� 20 � l�y and THIS AGREEMENT is entered into, this day of � As � , between: CITY OF BOYNT ON BEACH, Ff.()WDA, a municipal corporation organized and existing udder the laws of the State of Florida, with a business address of 100 East Boynton Beach Boulevard, Florida 33435, hereinafter referred to -'CITY." and NAUT ICA SOUND, (-Development"), having a business address of Nautica. Sound Homeowners Association, Inc., 7000 Chesapeake Circle, Boynton Beach, FL 333435, hereinafter called ":ASSOCIATION." WHEREAS, CITY recognizes that it has full power and jurisdiction to patrol on private property to enforce all of the Paws of the nation, state, county and city, duly enacted.. excluding triose of traffic control and enforcement: and WHEREAS, ASSOCIATION specifically recognizes the above; and WHEREAS, ASSOCIATION wishes to grant CITY the authority to exercise jurisdiction for traffic regulation purposes over any private or limited access road or roads of specified private segments of the ASSOCIATION, pursuant to §316.006(h) Florida Statutes; WITNESSETH : NOW, THEREFORE, for and in consideration of the mutual covenants and % aF. t `- }urtloW 4..crCt o, a_i- i+m]„x�x. good uidvu.1 Wah,w co-sld,xultic„n.S, 11ho Pc,axcs covenant and agree, each with the, other as follows: 1.0 Ratification. The t6regoing preamble is hereby ratit ed and confirmed as true and correct and incorporated herein. 2.0 Recognition of Jurisdiction. The ASSO("'IATT(:)N hereby recognizes the jurisdiction of CITY over any private or limited access read or roads within the property, indicated on the map attached hereto as Exhibit "A." 1'dr traffic control purposes. The ASSOCIA'1110N shall provide (TFY with a Resolution of the ASSOCIATION attached as Exhibit "B",", evidencing the ASSOCIATION's desire for CITY"s services hereunder and authorizing. the ASSOCIATION- via its President, to enter into this Agreement. l�s�rsljo e hfl..ilrar)1Clntaiitcrs(cuirl,a lle.nlaallL4atalLit iucf fail1)o)NNnlnads/IB7837A6-3COl-;-4$174-13554-lil:5)Cf.)229B('2/Nautica`l'L.a (2018).doc f'age I Page 25 of 600 4.0 Exercise of Jurisdiction. The CITY hereby agrees to exercise: jurisdiction to]- traffic ortraffic control purposes over any private or limited access road or reads within the property within the Development listed on attached Exhibit "A.." 4.].The City ot`Boynton Beach Police Department agrees to provide a minimum base level of traffic enforcement service on all those certain private roads in the Development identified in Exhibit "A." 4.2.The level of service provided by the CITY shall be determined solely by the Boynton Beach Chief of Police and shall be based upon the availability of police personnel. 4.3.The Police Department shall choose the hours and days of operation, but these choices shall be based upon information from ASSOCIATION and the observations of the Boynton Beach Police Department and Public Works Department. 5.0 Signs and Markings. In order to permit CITY to perform pursuant to the terms of this Agreement, and to ensure appropriate jurisdictional and enforcement authority: 5.l.All traffic control devices on and along the private or limited access roads within the Development identified in Exhibit "A" must conform to the requirements contained in the United States Department of Transportation Manual on Uniform Traffic Control Devices for Streets and. Highways (the ``MUTCD") and CITY Engineering Standards. The determination as to whether signs or other traffic control devices meet the installation requirements and/or conform to the MUTCD and CITY Engineering Standards, shall be made solely by CITY. The CITY may conduct any necessary traffic engineering studies to determine appropriate regulatory traffic control within the ASSOCIATION.. 5.2.In the event ASSOCIATION has installed traffic calming; devices that do not conform with existing; CI`T'Y and MUTCD standards, on or along the private or limited access roads within the Development identified in Exhibit "A," such as speed humps and/or speed. bumps, ASSOCIATION shall, at its sole expense, cause such devices to be removed within thirty (30) days of execution of this Agreement if CITY so requests or a traffic engineering study determines that the existing traffic canning devices are not warranted. Further, ASSOCIATION siaull fit} ins€ail any tra fnu Cait7antg dew lies u31 Ct ali�l�g !iS IJt'1 aCe t)` 11 11 U ac ut roads uutlt`ig the term of this Agreement without the express written consent of the City of Boynton Beach Public Works Department. 5.3.ASSOCIATION shall purchase and install all signs, signage, posts, pavement markings, and other necessary traffic control, as prescribed by the CITY, as necessary for traffic control purposes. Should CITY determine that traffic-calming measures are appropriate, ASSOCIATION shall incur all costs of designing and installing; such measures. ASSOCIATION shall be responsible for maintenance of any traffic control devices and traffic calming measures necessary or desirable for the enforcement of traffic laws. 6.CI Insurance. Fhe ASSOCIATION agrees to maintain insurance under its general liability policy for all actions arisings out of or in any way connected to this Agreement under minimum policy limits of$1,000,000 per occurrence. The Association agrees to name "City of (UsersljisepltfLibrar�/Co€itninc;rslcojii.apple.iiiaillt)atafLibrary/ +lain I)oxvnloacislII37837A6-3(01.-481,)4-13554-Lai-50CI)229BC2/Pvaatic.,i'rL,4 (2018).cicc Page 2 Page 26 of 600 Boynton Beach, 100 E. Boynton Blvd., P.O. Box 310, Boynton Beach, FL 33435" as an Additional Insured and provide proof of insurance upon execution oil' this Agreement to the City's Risk Management Department, 7.0 Gated Entrances. In the event access to any portion of the ASSOCIATION's private or limited access roads is through a gate, ASSOCIATION shall take steps to ensure access by rneans other than gate codes, such as siren activated pates, Knox Box., or by bar-coding of vehicles, so as to permit uninhibited access by authorized police vehicles and prevent any delay in access to ASSOCIATION property. ASSOCIATION shall provide gate access codes to the Public Works Department for purposes of conducting traffic engineering analyses. 8.0 Term. The term of this Agreement shall be five (5) years, effective on the date of execution, provided that either party may terminate this Agreement without penalty upon sixty (60) days notice by notifying the opposite party in writing of its intention to do same. 9.0 General Law Enforcement Jurisdiction. ASSOCIATION recognizes the authority of CITY to patrol on private property, including ASSOCIATION's property, to enforce all laws of the nation, state, county and city other than for traffic control purposes, and same is done by Boynton Beach Police Department and other appropriate law enforcement agencies pursuant to law, and not through this or any other Agreement. 10.0 Notices. All notices which shall or may be given pursuant to this Agreement shall be in writing and delivered personally or transmitted (a) through the United States mail, by registered or certified mail, postage prepaid, (b) by means of prepaid overnight delivery service; or (c) by facsimile or ernail transmission, if a hard copy of the same is followed by delivery through the U.S. mail or by overnight delivery service as just described, addressed as follows: To CITY: Lori LaVerriere, City Manager City of Boyntoii Beach 100 East Boynton Beach Boidevard Boyiitoii Beach, FL 33425 Telephone No. (561) 742-6010 Facsfinfle No. (561) 742-6011 With a copy to: Boynton Beacii Chiefol'Police City of Boynton Beach 100 East Boviiton Beach BOUIevard Boynton Beach. Florida 33425 Telephone No. (561) 742-6100 Facsimile No. (561) 742-6185 'ro, ASSOCIATION: c/o Gulfstream Services Management 1500 Gatewav Blvd., Ste. 220 Boynton Beach, Fl., 33426 Telephone No. (561) 733-5550 F aesinille No. (561) 423-3143 Notices shall be deemed given upon receipt in the case of personal delivery, three (3) days after Doxo floads/l B7837A6-3C'()i--48D4-1.1554-131-'.50(.'1)229�iC'21'N;itjlic;j ITA (20 18 Ydoc Page .3 Page 27 of 600 deposit in the mail, or the next business day in the case of facsimile, ernall, or overnight delivery. Either party may from time to time designate any other address for this purpose by written notice to the other party delivered in the manner set forth above. I I,O Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement. and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law, 12.0 Modification of Agreement. This Agreement may be modified upon mutual consent of the parties only in writing, and executed with the same dignity herewith. 13.0 Legal Representation. It is acknovdIedged that each party to this Ag;cement had the opportunity to be represented by counsel in the preparation of this Agreement and, accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply due to the joint contribution of both parties. 14.0 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreen-lent on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 15.0 Governing Law. This Agreement shall be governed by the laws of the State of Florida, with venue lying in Palm Beach County, Florida. 16.0 Additional Terms upon Modification or New Agreement. Nothing herein shall preclude the parties from modifying this Agreement during the term of such, or, upon completion of the term, entering into another Agreement, to provide for additional or revised terms. IN WITNESS WHEREOF, CITY and ASSOCIATION have executed this Agreement by their duly authorized officers, this _ _ day of ---,—,--, 2018. CITY OF BOYNTON BEACH BY: ATTEST: Steven B. Grant, Mayor BY. Judith A. Pyle, CMC, City Clerk APPROVED AS TO FORM: (CITY SEAI-) B Y: OFFICE OF THE CITY ATTORNEY Dok n loads/I B783 7A6-3('01:--4 81)4-13 i54-B L50CD229F3C'2/NaU IiLa fFA (2018).doc Page 4 Page 28 of 600 NAUTICA SOUND HOMEOWNERS ASSOCIATION, INC. BY: —/os4epphontes, Presffen"t STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared, Joseph Montes, as President of Nautica Sound Homeowners Association, Inc., on behalf of and duly authorized to eXeCLIte the same, and acknowledo he-�sil-teq the foregoing Agreement for the use and purposes mentioned in it, and who ersonally kr�oi��A'jo d# 'Zrs- me or has produced as identification. IN WITNESS OF THE FOREGOING, I h -ny hand and official sea] at in jya�e set i the State and County aforesaid on this .T) day of2018. Yp MYCOMISSIONIGGOSM NOTARY PUBLIC EMMS,March 24,20 My Commission Expires: �;DFV07 ftWWTt""Od"ary SWAM /tisei-s/`josei.)Ii/L,ibr,ii-N-/Coiiiaiiici-sic(iili,,tpl)le.ninii/t)a�til..ibjit-N/Mail Downloads/l B7837A6-3('01:-481)4-13554-ill-5t)(.'1)229BC'2iNaLitica TEA (201 8).doc Page 5 Page 29 of 600 EXHIBIT "A" DIAGRAM AND DESCRIPTION OF ASSOCIATION PROPERTY CONTAINING THE SUBJECT PRIVATE ROADS (Usei-sl osel)ii`Library/C.oTitaiiiersicoiii.al)ple.iii,iii/1)ala/1-ibr,,ii-y/MaiI Downloads/11378 37A6-3 COF-48 IA-B5 5 4-BF5 OC D2 2913C2/Nl[it icalTA (2018).doc Page 6 Page 30 of 600 r�'i t{titl t� �s� bn KV oil! - i it s t' i t i}sdt�l2 st�shst{�1l�?t1S1 If - - i in k . if ON; { �, t{;<_ jtj£����tn rt - i is ty}t �¢ tti� its�S ,uysl 'WE t. kipV w j 71t �j}ftj})f ���$ �s'amemmrn Two, i i est i tt ft,{�7�ft'y�y� - hijr r s rs3��1 s1I(4�t, � 1 of 600 sae}k'xl"'M N, _'-� EXHIBIT "B" ASSOCIATION'S AUTHORIZATION TO ENTER INTO THIS AGREEMENT I)o\%iiioid.sII137937A6-3C'Oi.--48)4-B554-i3l-.50('1)229ti(-2.Natj[iL:�t ITA (2018).doc Page 7 Page 32 of 600 NAUTICA SOUND HOMEOWNERS ASSOCIATION ORGANIZATIONAL MEETING MINUTES DECEMBER 18, 2018 1. CALL TO ORDER at 8:14 P.M. 2. ROLL CALL: Hector Garcia, Jospeh Montes,Anthony Spilabotte, Maurice Stewart, Rene Milici and Jason Weeks of Gulfstream Management. 3. Officer Nominations-. a. MOTION by Jospeh to be President , 2nd by Rene. Vote 2-2 - Hector Garcia voted in favor of Jospeh Montes, 3-2 b. MOTION by Maurice to be President, 2nd by Anthony, Vote 2-2 c. Joseph Montes nominated as President. d. MOTION by Joe , 2nd by Rene for Anthony Spilabotte to be Vice President. Vote 3-1. e. Anthony Spilabotte nominated as Vice President f, MOTION by Maurice to be Treasure no second g,. MOTION by Hector to be Treasure, 2nd by Joe. Vote 3-1 h. Hector Garcia nominated as Treasure i. MOTION by Rene to be Secretary, 2nd by Anthony. Vote 4-0. j. Rene Milici nominated as Secretary. k. Maurice Stewart Board Member President - Jospeh Montes Vice President -Anthony Spilabotte Treasure - I-lector Garcia Secretary - Rene Milici Board Member- Maurice Stewart MEETING ADJOURNED AT 8:18 P.M. Ae'17- WL4 Page 33 of 600 6.B. CONSENTAGENDA 5/1/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-067-Authorize the City Manager to sign an agreement with Zambelli Fireworks Manufacturing Co. of Boca Raton, FL as a result of RFP No. 007-2710-18/ITfor the Fourth of July fireworks displays for the Years 2018, 2019 and 2020 and other additional City events as required for an amount as approved and budgeted by the City Commission for events. EXPLANATION OF REQUEST: On March 23, 2018, the RFP for Fireworks Displays was advertised in the legal notices section of the Palm Beach Post and distributed to ninety (96) prospective suppliers via the City's electronic bid management system. The RFP invited Proposers to provide a technical proposal for a Fireworks Display at the following separate price points: Twenty-thousand Dollars ($20,000); Twenty-five thousand Dollars ($25,000); Thirty-five thousand Dollars ($35,000); Forty-thousand Dollars ($40,000); Forty-five thousand Dollars ($45,000); Fifty-thousand Dollars ($50,000); The RFP also invited Proposers to provide a separate price for an optional barge that will be placed on the Intracoastal Waterway for the Fourth of July fireworks events. On April 13, 2018, Procurement Services received and opened one (1) proposals in response to the RFP, which was reviewed by Purchasing Services to ensure the proposal met the RFP requirements. The single proposal from Zambelli Fireworks Manufacturing Co., Inc. indication in their proposal that they could only guarantee the price submitted for the optional barge for the 2018 Fourth of July Event. An Evaluation Committee consisting of Eleanor Krusell, Public Communications and Marketing Director, Mary DeGraffenreidt, Events and Program Manager, John Durgan, Special Projects Coordinator, and Mara Frederiksen, Deputy Finance Director reviewed and ranked the single proposal. The Evaluation Committee was unanimous in their decision to make a recommendation to City Commission to approve the ranking and award of the subject contract to the number one (1) ranked firm, Zambelli Fireworks Manufacturing Company. The initial term of the Contract is three (3) years commencing on the date the Agreement is executed by the City and may be renewed for two (2) additional one-year terms at the same terms, conditions, and prices subject to satisfactory performance, vendor acceptance, and determination that renewal will be in the best interest of the City. The City has organized and contracted for the fireworks display since 2014. Funding for the event is included in the City's General Fund in the FY 2017/2018 budget. Actual expenditures for the July 4th fireworks program paid by the City for the previous three year period are as follows: Page 34 of 600 2017 $39,855 + $15,000 for the barge = $54,855.00 2016 $39,855 + $15,000 for the barge = $54,855.00 2015 $39,855 + $15,000 for the barge = $54,855.00 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Although the Recreation and Parks Department is taking the lead role in organizing this event, various City departments will be involved in the safety and success of the July 4th celebration, including the Police, Fire, and Public Works Departments. FISCAL IMPACT: Budgeted Funding for the July 4th Fireworks Display are available in the City Hall Special Events account no. 001- 1211-512-48-24. ALTERNATIVES: Do not approve this contract and either re-advertise or not hold the annual July 4th Fireworks Display. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description Resolution Resolution approving the three year agreement for fireworks display D Agreement Agreement- am elli D Attachment Notice of Intent to Award - Zambelli D Attachment RFP Submittal - Zambelli Fireworks Page 35 of 600 1 2 3 RESOLUTION NO. R18- 4 5 A RESOLUTION OF THE CITY OF BOYNTON 6 BEACH, FLORIDA, APPROVING AND 7 AUTHORIZING THE CITY MANAGER TO SIGN A 8 THREE YEAR PROPOSAL BETWEEN THE CITY 9 OF BOYNTON BEACH AND ZAMBELLI 10 FIREWORKS MANUFACTURING CO., TO 11 PROVIDE THE CITY'S ANNUAL JULY 4TH 12 FIREWORKS DISPLAY AND OTHER CITY EVENTS 13 AS REQUIRED; AND PROVIDING AN EFFECTIVE 14 DATE. 15 16 WHEREAS, on April 13, 2018 Procurement Services received and opened one 17 proposal in response to RFP No. 007-2710-18/TT; and 18 WHEREAS, the Evaluation Committee reviewed and ranked the single proposal 19 recommending to award Zambelli Fireworks Manufacturing Co., the three year contract as 20 the most responsive, responsible bidder meeting all specifications; and 21 WHEREAS, City staff recommends to the City Commission that it approve the 22 three year proposal between the City of Boynton Beach and Zambelli Fireworks 23 Manufacturing Co, for the Annual July 4t'Fireworks Display. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 25 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 27 as being true and correct and are hereby made a specific part of this Resolution upon 28 adoption hereof. 29 Section 2. The City Commission of the City of Boynton Beach, Florida, 30 hereby approves the three year proposal and authorizes the City Manager to sign the CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\A1 F82E53-BD1 B-4A69-8096-8BA49FDBC551\Boynton Beach.10265.1.Fireworks_Display__Zambelli_(3yr_2018-20)__Reso.doc Page 36 of 600 1 Agreement between the City of Boynton Beach and Zambelli Fireworks Manufacturing 2 Co, for the Annual July 4t' Fireworks Display, a copy of which is attached hereto as 3 Exhibit"A". 4 Section 3. That this Resolution shall become effective immediately. 5 PASSED AND ADOPTED this day of , 2018. 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 YES NO 10 11 Mayor— Steven B. Grant 12 13 Vice Mayor—Christina L. Romelus 14 15 Commissioner—Mack McCray 16 17 Commissioner—Justin Katz 18 19 Commissioner—Joe Casello 20 21 22 VOTE 23 24 ATTEST: 25 26 27 28 Judith A. Pyle, CMC 29 City Clerk 30 31 32 33 (Corporate Seal) 34 35 CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\A1 F82E53-BD1 B-4A69-8096-8BA49FDBC551\Boynton Beach.10265.1.Fireworks_Display__Zambelli_(3yr_2018-20)__Reso.doc Page 37 of 600 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND ZAMBELLI FIREWORKS MANUFACTURING CO. THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and ZAMBELLI FIREWORKS MANUFACTURING CO. hereinafter referred to as "the Vendor', in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Vendor is retained by the City to perform services in connection with the RFP FOR FIREWORKS DISPLAYS; RFP No.: 007-2710-18/IT. 2. SCOPE OF SERVICES. Vendor agrees to perform the services, identified in Section II — Scope of Services and attached hereto as Exhibit A. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the Vendor to proceed. Vendor shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement shall be for a period of three (3) years commencing on the date the Agreement is executed by the City. The City of Boynton Beach may extend the contract with the same terms and conditions for two additional, one-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 5. PAYMENT: If the RFP provides that the City shall compensate the Vendor for services provided by the Vendor, City agrees to pay Vendor, in the manner specified in the RFP, the amounts set forth in Vendor's Response for work actually performed and completed pursuant to the Contract, which amount shall be accepted by the Vendor as full compensation for all such work. It is acknowledged and agreed by Vendor that this amount is the maximum payable and constitutes a limitation upon City's obligation to compensate Vendor for its services related to this Contract. The amount, however, does not constitute a limitation, of any sort, upon Vendor's obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. No amount shall be paid to Vendor to reimburse its expenses. The Vendor's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Firm in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Firm shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Firm's endeavors. 7. COMPLIANCE WITH LAWS. Vendor shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Vendor shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion Page 38 of 600 thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Vendor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Vendor. 9. INSURANCE. The Vendor shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. The Vendor and the City agree that the Vendor is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Vendor nor any employee of Vendor shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Vendor, or any employee of Vendor. 11. COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Vendor, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Vendor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Vendor, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Vendor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Vendor. Page 39 of 600 b. In the event of the death of a member, partner or officer of the Vendor, or any of its supervisory personnel assigned to the project, the surviving members of the Vendor hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Vendor and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Vendor shall be sent to the following address: Michael Simmons, Project Manager 1 West Camino Real Blvd, Suite 100 Boca Raton, FL 33432 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Vendor and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Vendor. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Page 40 of 600 Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 100 E BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLEJ@BBFL.US Page 41 of 600 DATED this day of 20 CITY OF BOYNTON BEACH Lori LaVerriere, City Manager Vendor Attest/Authenticated: Title (Corporate Seal) Judy Pyle, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary Page 4FY2 of 600 EXHIBIT A SCOPE OF SERVICES A. GENERAL The awarded Proposer shall be responsible for the successful, timely, and uninterrupted fireworks display at the City's Fourth of July Celebration and other events required by the City. The fireworks displays shall be synchronized to pre-approved music. Proposer shall provide a list of fireworks, shells, and special effects, required or proposed for the Fireworks Display that meets the terms, conditions, and specifications contained in this RFP. Proposers are required to provide a technical proposal for a Fireworks Display at the following separate price points: • Twenty-Thousand Dollars ($20,000.00); • Twenty-Five Thousand Dollars ($25,000.00); • Thirty-Five Thousand Dollars ($35,000.00); • Forty-Thousand Dollars ($40,000.00); • Forty-Five Thousand Dollars ($45,000.00); • and Fifty-Thousand Dollars ($50,000.00). These price points shall be inclusive of all other charges, such as, but not limited to permitting, staffing, and security. The proposer shall also provide a separate price for the optional barge requirement. B. PERFORMANCE STANDARDS The Fourth of July displays will be held July 4, 2018, July 4, 2019 and July 4, 2020. Additional display dates, if required, will be determined by City. The City reserves the right to determine the locations for the additional events (which may/may not include a barge). The displays shall begin sharply at 9:00 p.m. The displays shall continue for no less than twenty (20) minutes with no period of time from opening to finale where there is not a display in the air. The time of the display shall not include any opening or closing commentary. Provide written procedures outlining plans for delivery, set-up, and discharge of fireworks display in response to variable weather at least three (3) weeks prior to display date. The awarded proposer agrees that should inclement weather be forecasted preventing a fireworks display then such display must be implemented on the next feasible (good weather) agreed upon by both parties and without any deduction in the number of shells without additional costs to the City. In the event that the fireworks have been prepared, anticipating good weather, and inclement weather prevents igniting, then such display of fireworks must be implemented on the next feasible (good weather) agreed upon by both parties in the best possible manner and without additional costs to the City. Page 43 of 600 The Fourth of July shows shall be displayed from a barge placed on the Intracoastal Waterway, facing the City's Intracoastal Park and Clubhouse, 2240 North Federal Highway, Boynton Beach, FL 33435. The City reserves the right to determine alternative locations for non-Fourth of July events within the corporate limits of the City. C. REQUIREMENTS GENERAL Awarded proposer must furnish all equipment necessary to effectively and safely produce the required fireworks display. Fee must be all inclusive for the fireworks display, including, but not limited to equipment, permitting, security and costs. No other fees will be paid by City. The City reserves the right to require the awarded proposer to provide a barge option who shall be fully responsible for securing a barge, and all related costs, for displays on the Intracoastal Waterway. The price for a barge shall include all costs including, but not limited to, any required permits, port fees, loading and unloading, security and fuel. The barge must be in the designated fireworks shooting location and fully prepared no later than 6pm. The awarded proposer is responsible for securing the area around the shooting location and will remain in that location until after the event when the City or auxiliary services determines it can be moved safely. Upon completion of the of the display, all equipment and debris related to the set-up and discharge of fireworks display must be immediately removed after the show, and once safe to do so, including retrieval and removal of any unexploded or defective fireworks, frames, set and lumber. Awarded proposer will be fully responsible for any costs incurred by the City in connection with debris left on the City's property. Awarded proposer shall be responsible for any and all damage to fireworks location due to load-in and load-out. STAFFING All fireworks areas utilized must be secured by professional personnel to oversee that equipment and safety is not compromised, at no additional cost to the City. A representative of the company that is authorized to legally bind and make decisions for the company must be available by phone five (5) days prior to the display date. In the event of an emergency, representative must be on-site within four hours of the emergency. Representative must have radio or phone contact with personnel on the barge (or at designated location for other firework displays). Each display shall require two (2) professionally pyro-technicians (Display Operators). Operators must be trained, certified and experienced in major electronically fired shows and in the handling, transporting and discharge of fireworks. In addition, the Display Operators must have the appropriate number of assistants to set-up and fire the display. i. Display Operators and assistants shall be at least twenty-one (21) years of age. Page 474 of 600 ii. Display Operators shall have experience as a Display Operator in at least five (5) shows equal to, or greater than, the display to be provided to the City of Boynton Beach. iii. On-site Display Operators shall be named in the Qualifications Statement. Changes to the Display Operators shall be pre-approved by the City. CONTRACTOR'S RESPONSIBILITIES Observe and comply with all of the current NFPA Code 1123, 1124 and 1126 and any changes to the code enacted during the term of the contract. File a permit application through the Boynton Beach Fire Rescue Department a minimum of thirty (30) days prior to the display. Abide by all police, fire, local, state and U.S. Coast Guard and marine patrol requirements, as well as the Federal Aviation Administration. Obtain and provide a copy of all applicable permits and approvals to City at least three (3) weeks prior to the show. Permit costs are the responsibility of the awarded proposer. Awarded proposer shall obtain, at their expense, all permits required and comply with all federal, state and local ordinances. Practice the most current and stringent industry safety standards at all times and comply with all applicable laws and regulations. ACCESS and INSPECTIONS Awarded proposer must provide the Boynton Beach Fire Rescue with a detailed, finalized shot list including all fireworks to be loaded on the barge, at least three (3) weeks prior to the event. Fireworks transfer within the City limits is prohibited without the express prior written approval of the City and Boynton Beach Fire Rescue. The Boynton Beach Fire Rescue shall be permitted to inspect any and all fireworks to be used to determine compliance with all state and local requirements, including NFPA 1123, at any time. Awarded proposer shall correct any safety hazards deemed necessary by Boynton Beach Fire Rescue. Awarded proposer must be responsible for storage, and all related costs, of fireworks prior to placement on the barge. Deliver and secure fireworks to the loading area no later than 12:00 p.m. the day before the show. Provide notification at least forty-eight (48) hours in advance of inventory check, a printed, detailed, itemized, inventory shipping list of all shells shipped for fireworks display. If the display will be on a Sunday or Monday then notification shall be on the Friday prior to the show. Notification must be directed to the Boynton Beach Fire Rescue. Adequate time must be allowed for the Fire Inspector to do the final count and inspection to include photographs. Page 45 of 600 Provide any variations of the forty-eight (48) hour inventory check of all shells no later than 10:00 a.m. on show day. All fireworks packages shall be clearly labeled as to size, type, quantity and country of origin and what shells contain multiple projections. All firework shells utilized must have been tested and assigned "EX" numbers by the appropriate regulatory agency. Allow total access of contractor operations to the Boynton Beach Fire Rescue at all times of the day at the shot site. COMMUNICATIONS Attend one pre-show meeting at City Hall, at least three 3 weeks in advance, that will include load-in and load-out procedures, and City staffing required (e.g., Fire and Police Services), with City Staff and Boynton Beach Fire Rescue at no additional cost to the City. The date and time shall be at the discretion of the City. Individual representing company, and all Display Operators, shall have a working cellular phone and provide the designated City personnel with the cellular phone number. If deemed necessary by the City, provide at least six (6) communication radios, at no additional costs to the City, for direct contact between Display Operators (2), Boynton Beach Fire Rescue Office (2), and City Staff (2), for the day of the show beginning with the inventory check. Radio contact must be maintained throughout the day until the show is completed and a basic verbal evaluation is completed. In the event of any show deviations or misfirings, the awarded proposer shall immediately notify authorized City Staff of the incident. The authorized City staff will be identified in the pre-show meeting(s). DISPLAY Displays must begin promptly at 9:00 p.m. local time. The display shall continue for no less than twenty (20) minutes with no period of time from opening to finale where there is not a display in the air. The time of the display shall not include any opening or closing commentary. The display shall be synchronized to music. The play list, as well as timing and length of each song segment, shall be sent to the City via an online transfer for pre-approval no later than three (3) weeks prior to the show. Displays must be put on by using electrical firing only. The height of all fireworks shall be a minimum of 400 feet and shall not exceed 600 feet. Fireworks shells must be between three inches (3") and ten inches (10"). Shows shall include a minimum of two special effects. Page 46 of 600 Tails of shells shall not be counted as an additional or separate shots; however, shells with tails shall be noted. OPTIONAL BARGE REQUIREMENT 1. The City reserves the right to require the successful Proposer to provide a barge option. The Proposer shall provide the price for the barge in their technical proposal as an optional item. 2. The Proposer shall be fully responsible for securing a barge for the July 4th Fireworks Display and as additionally required. The price for a barge shall include all incidental costs including any required permits, port fees, loading and unloading, and fuel. THE REMAINDER OF THE PAGE IS INTENTIONALLY BLANK. Page W7 of 600 The City of Boynton Beach PROCUREMENT SERVICES 100 -Boynton Beach Boulevard F.0.Box 310 Boynton Beach,Florida 33429-0310 961-742-6310 Fax: (961) 742-6316 rt NOTICE OF INTENT TO NEGOTIATE/AWARD SOLICITATION NO. RFP NO. 007-2710-18/IT SOLICITATION TITLE: FIREWORKS DISPLAYS DATE OF NOTICE: APRIL 23, 2018 At the public ranking meeting of April 19, 2018, the Selection Committee for the above referenced solicitation scored and ranked the single submittal as follows: RANKING: 1. ZAMBELLI FIREWORKS MANUFACTURING CO. This Intent to Award will be presented to City Commission as a recommendation to approve the Selection Committee Rankings and authorize staff to enter into a contract with the first ranked firm: ZAMBELLI FIREWORKS MANUFACTURING CO. This Notice is conditioned upon and subject to the City of Boynton Beach's reservation of rights as contained in the RFP documents and approval by the City Commission. In accordance with Section 2-355 of the Palm Beach County Code of Ordinances, the Cone of Silence remains in effect for this solicitation until award, rejection or other action is taken by the applicable award authority to otherwise end the solicitation process. Submitted by: Digitally signed by Ilyse TriesTman DN:cn=llyse Triestman,o,ort—Finance lyse Triestman Department,email=triestmani@bbFl.us, J c=US Ilyse Triestman, CPPO, CPPB, FCCN Purchasing Manager America's Gateway t®the Gulfstream Page 48 of 600 Zalmbelli R E W ® R IC CITY OF BOYNTON BEACH PROPOSAL FOR FIREWORKS DISPLAYS RFP . 007-2710-18/IT 1 Niiiiii s �II 1 1iu +1 Fireworks proposal prepared by Zambelli Fireworks Mike Simmons Project 1 232-2114 Ike o ,s��� � a 1. ae or City of Boyntoneach RFP No..007-2710-18/1T 1 Page 49 of 600 i i rl I 1 " r a l 1 i Page 50 of 600 0 Za'mbelli Fl R E W 0 R K 8 April 10, 2018 Procurement Services 100 E. Boynton Beach Boulevard PO Box 310 Boynton Beach, Florida 33425-0310 RE: RFP No. 007-2710-18/1T On behalf of Zambell! Fireworks, I want to thank you for the opportunity to bid on the City of Boynton Beach, 4th of July 2018. 2019 and 2020 fireworks display. Numerous variables effect fireworks productions, especially complex, barge displays. The Zambell! Fireworks Team has a long his exceeding client expectations by producing flawI ess, safe, amazing choreographed displays. Pre-planning Is'the key to delivering a solid customer experience Including permits, safety plans, technician training, and communication. The Team is prepared to work closely with the City, Fire/Safety, and other parties relevant to producing a spectacular event. As Zambeill Fireworks Operations and Project Manager, you have my personal guarantee that our design and technician team will outperform the City's expectations for the events fireworks display. We have fully read and accept the scope of work set forth In the RFP.The time period to complete the work Is acceptable. The enclosed proposal Is a firm and irrevocable offer. Our company offers the best Insurance int firewarks Industry with a $10 million PER CLAIM policy. More importantly, Zambeill's training program for pyro-techniclans Is second to none.We command a culture of the utmost focus ons for both our technicians and the surroundings of the firing site. Zembeill Fireworks was proud to partner with the City for the 4th of July Firework's Displays in 2013, 2014, 2015, 2016 and 2017.The feedback was tremendous and Zarnbeill Fireworks would love to again provide another amazing display for the City on Independence Day. We ask that the City of Boynton Beach review the enclosed proposal and select Zambell! Fireworks based upon decades of providing successful displays. Respectfully, Mike Simmons Zembeill Fireworks (941)232-2114 call miskeimnmos ............—M---- m�Larnbelfifirovkrorks.com City of Boynton each RFP No.:007-2710-18/IT 2 Page 51 of 600 6My. i t :fig R.. I Page 52 of 600 Zambelli Ization A. Legal Contracting : ZAMBELLI FIREWORKS MFG. CO. B. State of organization or incorporation: PENNSYLVANIA C. Ownership structure: Corporation D. Federal Identification Number: 25-1092931 . Contact info for Corporate Ill Fireworks 120 Marshall Dr. Warrendale, 15086 (7 24) 11 F. Contact infb for Local Ice: Zambelli Fireworks 1 West CaminoI Blvd. Suits100 Baca Raton, FL 33432 ( 1) 395-0955 G. List of Officerslowners: George Illl, Jr., MD, Chairman of the Board "'Ire fI rarbelllrarthlirl . m Edward r, CEO me,ver� znbelii ° rka.co Tom Bametzrieder, President t.bam,c,t.zrieder-CWzambellifireworks.corfi Richard c n I Trust, Investor R. Gary McKnight Investor 11 officers andc i listed above. City of Boynton Beach RFP No.:007-2710-18/1T Page 53 of 600 411 Zambelli I H. Additional organization info: Flodda Regional Office Mike Project n rl cili tin r 1) 395-0955 Office 1)232-2114 II i i ons ilrirrors.co Mike i n designing and displayingshows r Zambelli Fireworks r more than 25 . He has produced andfired displays trolly and internationally, ik l ly with customers insure that all logistics an planning are accomplished In sefficient r. Additionally, he acts as the Ili Flodda Facilityn tin r overseeing the logistics and ATF regulationsfor all shows withint t f Florida. Mike ill be the primaryj r for the Cityof Boynton Beach. Senior Design Choreographer 239-225-8012 cell zach@zambellifireworks.com Zach has worked withIll Firewo2001.rks since His primaryl i iDesign Choreographer fr more than 50 displaysll i i Ili Fireworks, Zach s designed and produceddisplays including full flame-effect productions, complex displaysthe annual Minneapolis Aquatennial, displays internationally in Mexico, Canada, Oman, andn Is uru with indoor outdoorand close proximitydesign work. Histo detail, love fireworks, and knowledge of the Firet I create spectacular c r v displays. Zach will work closelyi Ill Team members, Cityn the Firet. officials to create safe, very excitingr i . City of Boynton Beach RFP o.:007-2710-18/IT Page 54 of 600 Zambeili'*' Danielle Senior Customer Service Manager 561-395-0955 efr rlcs AIl __ orks. Danielle i the scenesk s fireworks display logistics r. She has an in-depth knowledge r i i process and will work closely ith the City to makesure all paperwork is In order and maintainedcorrectly. Danielle will be the lead in permitting, site , contracts, invoicing, n helping ny day to day communication. Kacey Woods—Sales Support Specialist Tony y— Project Manager Ernle Simmons— Senior Project and FloridaTraining r I. Primary representative contact info for Mike i , Operations and Senior Project Manager ( 1) -219 cell, ( 1) 395-0955 o c mikesirnimonsc. zaT ltifir s o 1 West Camino1, Suite 100 Boca Raton, FL 33432 J. Secondary representativecontact info for : Danielle r , Customer Servicer (561) 3954955 rici�son slllfiris. c .,,.� _. .uu _ I West Camino Real, I 100 Boca Raton, FL 33432 K. There no potential conflict of interest reI t this r o pendingr current litigation relating to the performanceof requested financial advisoryservices is III Is . L. There are no anticipatedchanges i or executive leadership i time. City of Boynton BeachF o.:007-2710-18/IT Page 55 of 600 i j i u I 1 Page 56 of 600 Zambe,111 TAB 3 — MINIMUM QUALIFICATIONS A. Ili Fireworks Mfg. CO, is a Pennsylvaniar r i is registeredit the State of Florida. B. i Certifications i. Display Operatorscertification, please see attached Jeff Rolf— Senior Technician, Lead Technician for the City Boynton Beach for the pastn ill again be Lead Techr the illy. !i. Continuing Education and Safety Program Zambelli Fireworks corporatepolicy includes , thorough training f all Lead Technicianss i n technicians. I i s, the Director of Safety and Techniciantraining, i in Winter Haven, FL. and manages the training II technicians. II Lead Techniciansv had significant in-field ri regarding managing technician i , fireworks n firing systems. In addition, II Lead Techniciansn ifiAmerican Pyrotechnic Assoi i n ( ) training testthat encompasses regulations n general knowledge of all aspect of displayfireworks. Assistants assigned rows must also pass in-field and in-classroom examinations ici t in field r . II Zambelli Fireworks technicians have filled out and passed the ATF Employee Possessor Questionnaire for federal background approval # handle 1.3g explosives. iii. Federal Explosive License, please see attached. iv. All Zambelli drivers shall have the proper CDL witht endorsements. City of Boynton Beach RFP No.:007-2710-18/IT Page 57 of 600 i x tlk i i Page 58 of 600 Zambell,i* F I R E W © R K 8 TAB 4 - EXPERIENCE AND REFERENCES A. Describe ipyratechnicians, size of crew and number of shooters onsite. Highly trained and certified technicians will be the only crew assigned to the display. These technicians will be equipped with both -way radios and cell phones. A crew of 4 to 5 technicians will be present. In addition to the Senior Technician, the Lead Assistant will be qualified to fire the display as well. The Senior Technician will be able to bind and make decisions for Zambelli Fireworks. B. Describe the length and quality of company experience. Proudly "First it ," i i Fireworks oldestis one of the largest Americanfireworks i The corporate headquarters and main plant operations are based in Warrendale, . The southeast regional office is located in Boca Raton, L and the western office is located in Bakersfield, CA. Zambeill Fireworks currently employees over 49 full-time employees and thousands of trained, qualified pyrotechnicians. All full-time staff and technicians working with your display will be fully trained, federally approved, Zambeill employees. The Zambelli family has manufactured the highest quality fireworks and has presented artistic excellence in fireworks displaysfor over 120 years. Zambell! Fireworks is known worldwidei the industry standard in show design and technology. George Zambelli, Sr. was the pioneer of Zambefli Fireworks for over 65 years. His father, Antonio Zambefli, brought the artistry to New Castle, PA from Italy. George Zambelli Jr., current Chairman of the Board, is carryingn the Family Tradition of"Lighting the ll° The Zambeill family and year-round professional s of technicians, designers, office staff and administrators are here to assist and guide you in the development and implementation that i specific for your fireworks event. We have a team of Individuals ready to make your event an extreme success. City of Boynton Beach RFP No.:007-2710-1$/IT 7 Page 59 of 600 Zambelli Many of the most sought-after master pyrotechnicians in the industry are longtime employees of Ili Fireworks. Expedence meansu li . Zambelli Fireworks is proud to have number o individuals who have long rwithin the pyrotechnicsindustry. The Senior Plant Manager has over 35 yearsexperience in fireworks, the Senior Choreographer/Show Designer has over 25 years experienceifireworks, and the Senior Product Manager has over 25 years experiencechoosing the highest quality shells and equipment. These individuals' dedication to the artistry pyrotechnics creates scenario for quality fireworks shows for every client, large and small. There's a tremendous dedication to technician displaysafest Iproduction, II of our display techniciansv n Ili Fireworks' extensive training ro ram and have met all of the rigid ur s, which state and federal requirements. r a number of different training with extensiveclassroom hands-on training, r year, around the country. New technicians Iso work alongsideexperienced cici in competencethe i h st safety, regulatory, an v r II performance standards. Zambelli Fireworks existslargest fireworks United ..,customer servicesatisfaction EVERY SHOW! Zambelli Fireworks is proud to be the largest fireworks company in the United States. However, we cannot rest on our laurels i ly being the largest. We provemust ur quality and customer satisfactiont v client, on every show, everytime. Clientstrust us to successfully produce thousands is Ievery year. Our goal is to outperform ith every show, large or small. City of Boynton Beach RFP No..007-2710-18/IT Page 60 of 600 0 Zambe,111 F I R E W 0 R K 8 COMPANY EXPERIENCE: Internationally Known Programs The Status of Liberty, Super Bowls, Presidential Inaugurations, Visits of Kings and Queens, Times Square Now Years Eve, Mount Rushmore, Washington D.C. and Now York City Fireworks displays, Kuwait Display for the Troops in the First Gulf War and many more historical events. Top U.S. Festivals and Civic Celebrations Thunder Over Louisville/Kentucky Derby Festival, Minneapolis Aquatennial, Pittsburgh 250'hAnniversery, Boise Riverfest, Macon Cherry Blossom Festival, the North Carolina State Fair, Canton Football it of Fame, Tampa Gasparilla Celebration, the Florida State Fair and many more. Spolts Franchises and Venues Detroit Tigers, Pittsburgh Pirates, Baltimore Orioles, Colorado Rockies, Colorado Rapids, Washington Redskins, Pittsburgh Steelers, Ft. Myers Miracle, Bradenton Marauders, Carolina Mudcats, Winston Salem Dash, Buffalo Bison, Charleston Riverdogs, Winston-Salem Wart Hogs, Louisville Bats, Clemson University, University of Miami, ACC Championship Game (Tampa), St. Petersburg Bowl (Tropicana Field)and a number of other College and HS Football venues. Flodda and Caribbean Displays Tampa Gasparilla Pirate Festival, Annual,FFEA oonference, Bradenton River Regatta, Carnival in the Sky— Immokalee, Edison Ft. Myers Festival of Light, Orlando July 4th, Boca Raton July 41h, Sanibel Island July 'h, Naples July 4th and New Years Eve, Sarasota July 4th, Siesta Key July 4th, the Florida State Fair, Coconut Creek Festival, City of Winter Haven, Nevis West Indies, St. Thomas NYE, Puerto Rico NYE, and many morel City of Boynton each RFP No.:007-27IG-18/IT 9 Page 61 of 600 Zambeilli C. Describe the performance of other flreworks display , including . The Southeast Team members are responsible for more than 450 fireworks displays null . July 4th includes approximately 130 displays annually. The range of displaysvary greatly from private $5,000 weddings and corporate eventsto computer choreographed, complex displays in excess 100,000. The Team also produces a number of water-borne bre displays, close proximity and indoor special effects, as well as international travel. Some projects I in the past 1 months include: Coconut Crook Butterfly Festival —Annual water based platform display University i i Homecoming —Annual Boat Burning Special Effects Fireworks Extravaganza. Bargechoreographed. Delrayl —Annual beach display providedsince 2013. Sarasota— Marina Jacks July 4th and NYE Programs — Choreographed displays fired annuallyII! Fireworks for the past 15 years City i —Annual July 4th displays on barges in Lake 1 . City I —Annual July 4thand NYE Barge Display. City of Marco Island —Annual July 4thBarge Display City of Boynton Beach RFP No.:007-2710-1811T 1 Page 62 of 600 zam�belli F I R E W 0 R K 8 D. Describe experience working with other governmental entities, particularly municipalities. The Zambelli Southeast Team manages displays in most of the counties throughout the States of Florida, Georgia, North and South Carolina. We work with all levels of the local city and county governments, local Chambers of Commerce, State agencies and even US Military Bases. Approximately 90% of all July 4th displays are with local governments. During the week of July 4th, 2017, Zambelli produced 10 displays for various municipalities within Palm Beach County alone. Below are 3 references City of Delray Beach/DBMC— Jarrod White (5 1) 279-1380 2013-2017 Beach Display, 2018 Barge Display City of Boca Raton — Monika Amar( 1) 367-7073 Annual July 4th l)lsplay past 20+ years Annual Christmas Tree Lighting 2013 - present Annual Boat Parade 2013— present Village of Wellington — Michelle Garvey (561) 791-4082 Annual July 4th Isla past 20+ years E. Describe experience coordinating with other events in South Florida. Zambeill Produces many display's in the of Florida market. We work with each event planner to ensure a smooth event from the permitting all the way through clean up. Below are a few of the events we provide fireworks for in out Florida. City of Coconut Greek Butterfly Festival University of Miami Homecoming FAU Founders Day Miami Dade County Fair and Exposition City of Atlantis Spring Fling City ofBoynton BeachRFP No.:007-2710-18/IT 11 Page 63 of 600 7 _i i e Page 64 of 600 Zambelli I TAB 5 - APPROACH AND CAPACITY W. Although Zambefli has more than 50 full-fte staff members nationallyt attend to every client need, the City of Boynton Beach benefits by the company having a local office in Boca Raton, The ZambeW Southeast team members both live work in Palm oust W Zambelli Fireworks produces more 'islplays in the Countythan every other firework companies comWnedl The dedicationto servicing clients is second to none, especially In r home county. Mike Simmons, ZamWll Project tW n r, will be the primary m lb Hl Representative for the Cityf Boynton Beach Julyis W W He fll be availablefor preshow Woglstic and safety meetings itl the city staff and is available daily by phonen m ill wag&ty--There's thin o important to Zambelfl Fireworks than safety. No matter the WW f a display, safety must never be compromised. r technicians are weWW versed in the NFP -f 123 requirements. As a company Zamb0i Fireworks adheresto s more strict safety distance of 100' per inch f shell diameter over the r inch WWowed by NFPA. Based on t 00' per inch distanceand the location of the barge the past 5 years, the largest shell that can safely be used in the Citys ftplay is WF Permitting--Ali permits andit fees needed for the l is les will e applied for and paidm WWi Fireworks. This includes local Fire permits s well as US Coast Guard and FAA notifications. All documents will be sent to the i month pilor to the l event. Insurance-- Please see sample W m ifm t of Insurance tt o Rgqujt P�emt--Zambeffl Fireworks always provides all equipment necessary to perform the fireworks is W W All equipment is stored maintained in an ATF approved storagefacility r Okeechobee, FL. The technical r iii supply all t oWs necessary for the nstr m tW m nd de- construction e- oo tr od n of the i IpW w The barge will be thoroughly removed of all equipment and debrispost-dispWy. City of Boynton Beach RFP No�.:007-2710-18/1T lT 12 Page 65 of 600 61 Zambe, 111 Technicians — i l r in certified technicians ill be the only crew assigned to the display. These technicians will be equippedi oftwo-wayr i s and cell phones. A crew of 4 to 5 techniciansill be present. The Senior Technician will be ablei cision for Zambelli Fireworks. Music— Music CDs will be preparedn nt to the Cityfor review rior to June 1 8t each year. Ili Fireworks has a Music Producer who produces extremelyiquality i soundtracks. list of a sampleJuly 4th soundtrack is included below. i I —As mentionedpreviously, the programill be a minimumof 20 minutesill at no time include sides." Zambelli Fireworks produces displays vivid i colors, sounds, special effects and unique t s. Please see a list of these styles of shellsI . Post Show—The Zambell! Technician crewill be responsiblefor all barge cleanups display. II equipment will be promptly removed from the barge and returned to the storage facility. All paper and debrison the barge will also cleanedbe ill be returnedin the same condition as when the crew began the setup. Ili Fireworks has been proud to produceh i of Boynton Beach July 4thdisplay for the past 5 years. We fullyn the requirements f the RFP and areexperienced in the unique site logistics n load in/load out requirements of the barge. i . Implementation I ul Day 1 — July 9:00 am The Ili crew ill arrive on sitewith equipment only 11:00 am Approximatei iv I 3:00 pm II equipment will have been loaded andcur on the barge 5:00pm The mortars ill all be coveredit I tic to keep dry overnight 6:00pm The crew will depart the site City of Boynton BeachRFP o.:007-2710-18/1T 1 Page 66 of 600 Zambelli* Day 2 — Jul 7:00am The crew will arrive on site i r Fireworks will arrive between 7:30 and . for loading the barge 1:30pm Barge to leave load-in site v into siti in the intracoastal waterway, facing the City's Intracoastal Park and Clubhouse, 2240 North Federal Highway. Final Inspection of the fireworks set-up. II continuity chocked 8:30pm Fireworks uncovered for the display, weather permitting. The fallout area needs to be secured li and/or Volunteer Coast Guard Vessels Fireworks i I ins Fireworks i l Crew i to check and secure anytont i I IIs 1 0:00pm Barge leaves site return to load-in site 1 1:00prn Crewfor the evening Day 3— July 9:00am The crew will arrive on site to beginremovingequipment from barge II equipment will have been unloaded 5:00pm The crew will depart the site. statedr vil , Mike Simmons, Project Manager for the Cityof Boynton Beach July 4thdisplay, ill be available, physically, for any pre show logistic, safety and post show meetingsire iti ll can be reached through our Flodda Officelocated in Boca Raton, by cell phone or email throughout term this Agreement. City of Boynton Beach RFP .: 7-2710- /IT 1 Page 67 of 600 r I i Page 68 of 600 Zam, belll TECHNICAL PROPOSAL Displaypyerview. Date:Show July 4, 2018, 2019, 202 IIInclusive Budget and Dur ti : 20—21 minutes, choreographed to music and electrically-fired display. Budget includes turnkey display. Insurance I iii rage: $10 Million dollars (per show coverage) for each Fireworks Display. Zambelli uses the highest insurance premium in the industry with "AAA" rated companies. PermitfFire Dept: Zambeill Fireworks will secure all needed permits (unless otherwise specified by the City) and organize plans directly withFire and Safety Authorities. Transportation i IlliMillion dollars as required y United States e t of Transportation. (DOT) Workers tion: Pyrotechnicians will meet all of the requirements of the Workers Compensation Laws of Florida. Transportation: Fire rs and equipment Y411 be delivered by qualified CDL drivers with Haz-Mat endorsed licenses as requiredy US DOT. Personnel: Zambelli Certified Pyrotechnicians and Trained Assistants; n subcontractors used. Safety r c Ili Fireworks adheres t all safety regulations. NFPA— 1123, 1124 and 1126 code will be strictly enforced. All state and local regulations will also be strictly enforced. City of Boynton Beach RFP o.:007-2710-18/1T 1s Page 69 of 600 Zambelli Program it Generallyspeaking 's an opening segment, main body and grandfinale fireworks display. Just as a great play or movie has various segments that flow together, firework shows are similar type productions that should never leave the audience wanting or r leaving is oint . There are fundamental basics that Zambelli Fireworks adheres t , with which we create the best displays in the industry. these fundamentals include: • No Dead AlrJust as any TV, radio or Big Screen Production, " - ir" Is simply not acceptable. At any given time ill be multiple firings of shots and shells in the air for the display. • Shell Size Combinationsfor companies to set a show is t shoot all 3 inch shells, then all 4 inch shells, then all 5 inch shells, etc. While this makes it easy for a technician, it is simply boring. Zambelli technicians are trainedto set shows to create the ultimatein shell combinations for the various firing sites. For example, firin o 3 inch Gold Kamuro Willowshell (400 ft.) and six 2.5 inch Purple Dahliasis a great, beautiful combination. Firing two 3 inch Pink strobing lights six 4 inch whitestrobing lights `thin seconds to 8 seconds of beautiful strobes coveringto 400 ft i the air. • Rhythm and Intensity Just as manymovies have a loud, action-packedcar chase onet followed by a romantic scene the next moment, fireworks productions also need to flow. A show that is too fast or too slow monotonous. Zambelli designs shows that one moment are a constant barrage f colors andbooms while the next moment may be soft horsetail golden willowsfluttering from the sky one-by-one. • Finales There'smajor art to shooting cul r finale. ny people think a finale is simply shooting lot of shells. While true from a quantitative standpoint, a finale st make sense in order to entertain most effectively. Zambelli deigns finales that start slower and lower. For example, 3 inch peony finale shells fired everyhalf-second for 20 seconds may then grow in intensity to include white or silver glittering for the next 20 seconds. Then larger 4 inch blue cracking i over while 5 inch white coconut trees laying the ground cover for t " Long Duration 's. Finally the 100 3 inch multi- color crossettes arecovering the sky while the 3 inch titanium alut rumbling the skies for miles. City of Boynton Beach RFP o.:007-2710-1 /IT 1 Page 70 of 600 Zam,, bellii OPENING:Details of Pro posed Show Segments An opening barrage is designed to attract the attention of the audience and entice them to pay attention..."The show has just gunl"The opening barrage for your event will certainly impress as a barrage of assorted colors, effects, and noise shells fill the night's air. purposeThe opener Is Impress r audience thatt r about to see somethingspectacular. A well-designedIII opener will grab the crowd'sti r a wonderful fireworks display. Durationseconds FEATUREPRESENTATION: The main body of the fireworks display should not be Just one shell fired one after another. It's about rhythm, timing, and choosing the perfect effects to complement one another to build themes. Some fireworks shells are designed to be extremely intense while others are designed to slow the pace down with beautiful, softer effects. The design team hand picks every display shell used to ensure a wonderful variety of effects. The audience will never see the same combinations of shells fired in a Zambeill production. Different ize shells will be breakingI l l r t the display. This allowsvary the intensity r importantly it canvases of color and effect in the sky, that stimulate i II audibly. Duration 1 —20 minutesminimum DEVICES;BARRAGES OF MULTI-SHOT Multi-shot devices or barrage cakes are used to add to the dynamics of the show. Zambelli Fireworks uses only the highest quality Barrages with innovative effects, colors, and angles. These devices incorporate effect sizes from I" to ". City of Boyntoneach RFP No.:007-2710-18/1T 17 Page 71 of 600 Zambeili IF I GRAND FINALE: n it will be GRAND[ Human tr is to remember things last experienced. The Grand Finale is what people will remember the most about a fireworks ion. A poor finale ill leave i nc disappointed. fli Fireworks has a long tradition supplying the best and biggestfinales in the industry. It will be loud, it will be full f vibrant colors, it will be long, and it will leave lasting impression. s of shots and effects of multi-color shells, gold andsilver sparking lights, of brocadells and other effects coupled withchest-pounding ti ni - s It s will be the magical ending of the grand display. The finale ill be fired from multiple pitions with dynamic angles. The incorporated shells, with multipledifferent sizes and effects, will cover every inch of sky from 150 to 300 ft in theair. The Finale ill be LARGEa tl III I light up a larger portion of t than create an area of overlapping After an Intense array of colors, effects, and sounds, the final seconds of the Display ill fire a barrage of goldi ill linger in the sky well after the last shell breaks. Duration —60 to 90 seconds DURATIONTOTAL —21 minutesminimum Products: Zambell! Fireworks carries an inventory is I shells that is more than 2,000 unique shapes, colors, patterns or varieties riDuring the 2017 July 4th display season Zambelli fired more than 1,200 different types of unique shells during the opener, boy and finale of shows. It would be next to impossible to discuss every single h II in detail and provideinformation on each one. Zambell! chooses fireworks from a number of different manufacturers from around the world provide audiences ith both unique r tivSunny, r st, Vulcan, i for and Dancing products all come from premium ine manufacturers. b ll r shells are very premiumis shells. Panzera from Italy make the bestmulti-shot shells and roman candles in the industry. oy Japanese shells provide some of the best willow andu shells in the world. Lastly, Zambeill still manufactures shells, some of which will be seen duringthe display. Please h II descriptions below. City of Boynton Beach RPP o.:007-2710-18/IT 1 Page 72 of 600 Zam,beili* Price Option* - Jul th i Product i i OPENING: 10 ThreeInch Titanium Salutes with tails (loud, thundering booms) 30 Three Inch Red, Whiteand Blue Color Finale 12 Four Inch Assorted Color and Crackling Finale Shells 5 Five Inch Assorted Color and CracklingFinale Shells Six Inch Assorted Color and CracklingFinale Shells BODY OF PROGRAM a 180 Three Inch Assorted Colors, Patterns and Special Design Shells 120 Four Inch Assorted Colors, Patterns and Special Design Shells 60 Five Inch Assorted Colors, Patterns and Special Design Shells 60 Six Inch Assorted Colors, Patternsand Special Design Shells 10 100 Shot Multi Shot Cakes—Various Effects FINALE:GRAND 300 Three Inch Rapid Firesorts Finals Shells and Salutes 30 Four Inch Assorted Color and CracklingFinale Shells 15 Five Inch Assorted Color and CracklingFinale Shells Six Inch Assorted Color and Crackling Finale Shells TOTALS Three Inch Shells 520 Approx. 300 ft Four Inch Shells 162 Approx. 400 ft Five Inch Shells 80 Approx. 500 ft Six Inch Shells 72 Approx. 600 ft TOTAL AERIAL SHELLS 834 Multi-Shot Layering Devices (10 total) 1,000 shots City of Boynton Beach RFP .:07-2710-1 /IT 19 Page 73 of 600 Zambiei,li, rl i * - I _ t" ; 1 r i tines OPENING: 0 Three Inch Titanium It It Its (loud, thundering booms) 40 Three Inch Red, Whiteand Blue Color Finale 12 Four Inch Assorted Color and CracklingFinale Shells 10 Five Inch Assorted Color and Crackling Finale Shells Six Inch Assorted Color and Crackling Finale Shells BODY OF PROGRAM: 120 Four Inch Assorted Colors, Patterns and Special Design Shells 120 Five Inch Assorted Colors, Patternsn ecil Design Shells 0 Six Inch Assorted Colors, Patterns and Special Design Shells 12 Eight Inch Assorted Colors, Patterns and Special Design Shells 10 100 Shot Multi Shot Cakes—Various Effects GRAND FINALE: 400 Three Inch Rapid FireFinale Shells and Salutes 42 Four Inch Assorted Color and CracklingFinale Shells 20 Five Inch Assorted Color and CracklingFinale Shells 12 SixInch Assorted Color and CracklingFinale Shells TOTALS, Three Inch Shells 460 Approx. 300 ft Four Inch Shells 174 Approx. 400 ft Five Inch Shells 150 Approx. 500 ft Six Inch Shells 80 Approx. 600 ft Eight Inch Shells 12 Approx. 800 ft. TTL AERIAL SHELLS 876 Multi-Shot Layering Devices (10 total) 1,000 shot city of Boynton Beach RFP No.:007-2710-18/IT 2 Page 74 of 600 Zam,belli* I �35,000-Price !on Product i ting OPENING: 0 Three Inch Titanium lute with tails (loud, thundering booms) 0 Three Inch Red, Whiteand Blue Color Finale 12 Four Inch Assorted Color and Crackling Finale Shells 10 Five Inch Assorted Color and CracklingFinale Shells Six Inch Assorted Color and CracklingFinale Shells BODY OF PROGRAM: 180 Four Inch Assorted Colors, Patterns and Special Design Shells 120 Five Inch Assorted Colors, Patterns and Special Design Shells 120 Six Inch Assorted Colors, erns and Special Design Shells 18 Eight Inch Assorted Colors, Patterns and Special Design Shells 100 Shot Multi Shot Cakes—Various Effects 2 408 Shot Z Shapeink & Lemon Pearl Special Effect 1 512 Shot Rainbow Special Effect GRAND FINALE: 00 Three Inch Rapid Fire Assorted Finale Shells and Salutes 60 Four Inch Assorted Color and CracklingFinale Shells 30 Five Inch Assorted Color and CracklingFinale Shells 24 SixInch Assorted Color and Crackling Finale Shells Eight Inch Assorted Colors, Patterns and Special Design Shells 300 Shot Multi Shot Finals Barrage TOTALS Three Inch Shells 460 Approx. 300 ft Four Inch Shells 252 Approx. 400 ft Five Inch Shells 160 Approx. 500 ft Six Inch Shells 152 Approx. 600 ft Eight Inch Shells 20 Approx. 800 ft. TOTAL AERIAL SHELLS 1,044 Multi-Shot Layering Devices (16 total) 2,728 shots City of Boyntoneach RFP No.:007-2710-18/IT 21 Page 75 of 600 Zambelli 40 000 ri tl Product isin OPENING: 20 Three Inch Titanium alt with tails (loud, thundering booms) 40 Three Inch Red, Whiteand Blue Color Finale 12 Four Inch Assorted Color and Crackling Finale Shelia 10 Five Inch Assorted Color and Crackling Finale Shells Six Inch Assorted Color and Crackling Finale Shells BODY F 180 Three Inch Assorted Colors, Patterns and Special Design Shells 180 Four Inch Assorted Colors, Patterns and Special Design Shells 120 Five Inch Assorted Colors, Patterns and Special Design Shells 120 Six Inch Assorted Colors, Patterns and Special Design Shells 22 Eight Inch Assorted Colors, Patterns and Special Design Shells 18 100 Shot Multi Shot Cakes —Various Effects 372 Shot W Shape Golden Willow Special Effect 1 512 Shot Rainbow Special Effect GRAND FINALE: 500 Three Inch Rapid Fire s Finale Shells and Salutes 78 Four Inch Assorted Color and Crackling Finale Shells 30 Five Inch Assorted Color and Crackling Finale Shells 24 SixInch Assorted Color and Crackling Finale Shells Eight Inch Assorted Colors, Patterns and Special Design Shelia 2 300 Shot Multi Shot Finale Barrage Cake TOTALS Three Inch Shells 740 Approx. 300 ft Four Inch Shells 270 Approx. 400 ft Five Inch Shells 160 Approx. 500 ft Six Inch Shells 156 Approx. 600 ft Eight Inch Shells 24 Approx. 800 ft. TOTAL AERIAL SHELLS 1,350 Multi-Shot Layering Devices (24 total) 4,028 shots City onon Beach RFP No.:007-2710-18/IT 22 Page 76 of 600 Zam�belli I �45,000 Price.0ption Product Usting OPENING: 20 Three Inch Titanium Salutes it Its (loud, thundering booms) 40 Three Inch Red, Whiteand Blue Color Finale 12 Four Inch Assorted Color and Crackling Finale Shelia 10 Five Inch Assorted Color and CracklingFinale Shells Six Inch Assorted Color and CracklingFinale Shells BODY OF PROGRAM: 300 Three Inch Assorted Colors, Patterns and Special Design Shells 180 Four Inch Assorted Colors, erns and Special Design Shelia 150 Five Inch Assorted Colors, Patterns and Special Design Shells 150 Six Inch Assorted Colors, Patterns and Special Design Shells 22 Eight Inch Assorted Colors, Patterns and Special Design Shells 18 100 Shot Multi Shot Cakes -Various Effects 372 Shot W Shape Golden Willow Special Effect 1 512 Shot Rainbow Special Effect GRAND FINALE: 600 Three Inch Rapid FireFinale Shells and Salutes 78 Four Inch Assorted Color and Crackling Finale Shells 30 Five Inch Assorted Color and CracklingFinale Shells 28 Six Inch Assorted Color and CracklingFinale Shells 2 Eight Inch Assorted Colors, erns and Special Design Shells 300 Shot Multi Shot Finale Barrage Cake TOTALS Three Inch Shells 960 Approx. 300 ft Four Inch Shells 270 Approx. 400 ft Five Inch Shells 190 Approx. 500 ft Six Inch Shells 186 Approx. 600 ft Eight Inch Shells 24 Approx. 800 ft. TOTAL AERIAL SHELLS 1,630 Multi-Shot Layering Devices (29 total) 4,028 shots City of Boyntoneach RFP No.:007-2710-18/IT Page 77 of 600 Zambelli* I Price Option Product i i OPENING: 20 Three Inch Titanium luwith tails (loud, thundering os) 40 Three Inch Red, Whiteand BlueColor Finale 12 Four Inch Assorted Color and CracklingFinale Shells 10 Five Inch Assorted Color and CracklingFinale Shells Six Inch Assorted Color and CracklingFinale Shells BODY OF PROGRAM: 300 Three Inch Assorted Colors, Patternsand Special Design Shells 180 Four Inch Assorted Colors, Patterns and Special Design Shells 180 Five Inch Assorted Colors, Patterns and Special Design Shells 180 SixInch Assorted Colors, Patterns and Special Design Shells 28 Eight Inch Assorted Colors, Patterns and Special Design hells 18 100 Shot Multi Shot Cakes—Various Effects 3 372 Shot W Shape Golden Willow Special Effect 400 Shot V Shape — Red, White andBlue all Special Effect 1 512 Shot Rainbow Special Effect GRAND FINALE: 600 Three Inch Rapid Fire Assorted Finale Shells and Salutes 78 Four Inch Assorted Color and Crackling Finale Shells 0 Five Inch Assorted Color and CracklingFinale Shells 28 Six Inch Assorted Color and Crackling Finale Shells Eight Inch Assorted Colors, Pattems and Special Design Shells 300 Shot Multi Shot Finale Barragea TOTALS Three Inch Shells 960 Approx. 300 ft Four Inch Shells 270 Approx. 400 ft Five Inch Shells 220 Approx. 500 ft Six Inch Shells 216 Approx. 600 ft Eight Inch Shells 30 Approx. 800 ft. TOTAL AERIAL SHELLS 1,696 Multi-Shot Layering Devices (29 total) 6,028 shots City of Boynton Beach RFP No.:007-2710-18/IT 24 Page 78 of 600 Zambelli I OPTIONAL BARGE REQUIREMENT BARGE OPTION — Alliprice of $25,000 This Barge quote is for the July 4. 2018 display only. Due to the limited availability of barges each year, extreme price differences among a companies and barge companies not willing to providefor a long term contract, barge quotes will need to be quoted each year on a show by show basis. Zambelli will only guarantee this price for the July 4, 2018 display. City otn Beach RFP No.: 7-2710-1 /IT 2 Page 79 of 600 I Zambelli Shell Descriptions Listed below areII sampling f the various shells and effects available from our vast inventory. U,M a Description: Typically ricl break of colored stars that leave trail ors arks behind. May include pistils (center multi break stars) or other features such asmulti- colored, half and half, cracking, etc. Blooming Silvery litter Silver to Red Chrys Gold Wave to Red/Blue White inlin Green to Purples Varied Colorful Flowers White and Blue Chrys Multi-Color Chrys. Silver and Golds Spangle hrys. w/rising tailsSilver to Purples Purple withhit Pistil Variegated inb Multi-Color Chrys to PoppingFlowers Peonies I Description: Typically a spherical break of colored stars that leave no trail or sparks behind. May include pistils (center multi break stars) or other features such as multi- colored, half and half, cracking, etc. White ony Blue Peony w/Blue Palm Tree Silver Wave to Purple Multi-Colored Pony Yellow Peony Green w/Gold l Tree Purple w/Gold Palm Red to BluePeony White Peony w/Blue itil Variegated (rainbow) White Peony w/Blue istil Red, White and Blue Glittering Peony Silver to Red Peony Silver to BluePeony City of Boynton Beach RFP o.:007-2710-18/IT 26 Page 80 of 600 Zambelli Crossettes Description: A crossette is a unique shell that breaks into 6 or 8 arms. Then, after some I , those arms again break into multiple arms criss-crossing each other in a grid-like fashion throughout the sky. Larger li r shells may evenv third in all of the arms. Blue ssettes Green to Bluess s Red to Blue Crossettes Silver Crossettes Variegatedi s Gold Rains Crackling ss Purple n hits Crossettes White Flitter Crossettes Red to Greens r I Royal Crossettes Gold Flitter Crossettes Blue rossette Palm Treei t ss s w/red Tails Red CrossetteI tr tw n Llnria Effects twill Brocade, tp Description: A Long Duration/Lingering Effect is like a Chrysanthemum but burns slowly to the groundleaving trail of aerial spark dust. These shells are many times gold or silver with various color tips, color changing, or have various colored centers. Zambefli uses many long duration effects at the andof finales r te a sky of gold or silver. Long Duration Red FailingLeaves ltr - n Duration Gold Kamuro Twilight Glitter w/Purple ili t Glitterw/Red Brocade Crowns Brocade r n to Purpler to Red Long Duration Kamuro Variegated ilia Leaves r IFailing Leaves r Brocade Crowns Pixie Dust Willows WhiteII of Shells City of Boynton Beach RFP o.:007-2710-1 /IT 27 Page 81 of 600 Zambel,1,1 I hlili , Pe ;4 a s tion: A DahliaII is like peony but uses dramaticallylarger and fewer stars to create brighter, wider trails of sparksthrough the air. They are typicallyvery bold, defined colorsto mix up the pace of a show. They many times arealso used i finales. Assorted for Dahlia BlueDahlias 1 ill Green Dahlia w/Plstll Red Dahlia w/Pistil Yellow Dahliaw/Pistil Red andBlue Dahlia Pink Dahlia Silver Dahlia GoldDahlia Blue trDahlia e tDahlia Purple Strobe Dahlia Variegated li hits Dahlia w/RedTips Lemon Dahlia apt. f Description: Pattern shells come in a variety 9hapes, sizes and depictions. s notable r shells with stars in patterns of hearts, smiles, Saturn or other planet blasts, 4-leaf clovers, wagon wheels, etc. Green to Blue Crossette Rings Red PalmBlue ITrees If White Half Purple RingHearts Triple i s Green t u le Ring Jolly Fish Pattern Meteor Rings Triple ins w/scattering stars Octopus Shells Saturn Rings Crackling PI hit 1Red Bowtle in Ringto I is City of Boynton Beach RFP o.:007-2710-1 /IT 28 Page 82 of 600 zambelli cllt hells Desg1plion. There's variety of specialty, premium shells that include o til willows, scattering stars, bees, failing leaves, I Trees and other unique designseffects. - Silver Bees BlueHorsetails Aluminum i IIs Peacock PlumeTreasure Large ilver Whirls (Serpents) Blue and Red Spiders ! i s Trees of Manyof Thousands of Gold Waves Red Shell of Shells Red, hit , Blue Dragon Eggs Gold Sparklingi inFlowers Thousands of Gold Waves Thousands of Red Waves Turillios White, Blue Dragons Silver and PurpleStrobes Specialty Noise i V1 „;21 i Description: Noise shells come in many different types. The most popular are cracking, whistling r screamers, thousands i flowers, and the extremely loud titanium salutes. Cracking Delight Serpents with Reports Diamond Screamers Whistles Large Silver Screaming WhirlsCrackling lRings Crackling o nut Trees White and GreenScattering l r ckliSpiders Twice c ling Rain Tour illi w/Reports l Crackling Flowers Green Crackling Flowers ArtilleryTitanium n rin Tourbillions City of Boynton Beach RFP No.:007-2710-1 /IT 29 Page 83 of 600 Zambelli Barrage 1 - 3 ! y, Desai tion: Barrage Cakes or Multi-shot devices are designed to significantly enhance fireworks displaysi rapid-fire shots of various effects. They are mainly used to create tableaus in tandemit ri I shells breaking aroundthe multi- shot devices. Belowr just a few examplesof the various types and designs that ill be used in your display. 35 Shot White Flitter Comet Box 119 Shot Rapid Firedof 35 Shot Red Crossetten Box 192 Shot Fast Pearl Zippers 35 Shot Thunder Tourbillion Fan Box 96 Shot Peacock Tails 35 Shot Dragon Eggs w/Tails 140 Shot Silver Rain 36 Shot Silver Fish with Tourbillion 80 Shot V-Shape Silver Coconuts 36 Shot Assorted Colorful Failing Leaves hot V-Shape Rainbows. 36 Shot Gold Twinklingr hot Whistling Comets 36 Shot Red andBlue s s 70 Shot Z-Shape i ni ht Snow 49 Shot Red andSilver Moons 400 Shot V Shape Rapidi 49 Shot Red Crackling Tails 408 Shot Zipper Rapid Fire Box 49 Shot Silver Crossettes 300 Shot Finale Comet Box 49 Shot Red andr t Silver Barders 100 Shot Hammer Boxes Angleipe Devices— (various angles) 100 Shot Brocade CrownsZipper Curtain Devices 100 Shot Blue Crossettes withit i r Chase Devices 100 Shot Variegated i s Fan Chase Devices 136 Shot W Shape Purple1 Silver to Green 300 Shot 8 Shape WhiteStrobe t 8 Shape Red Pear Comets 372 Shot W-Shape GoldenWillow hot Z ShapeLime GreenPearl City of Boynton Beach RFP o.:007-2710-18/IT 30 Page 84 of 600 i i I i Page 85 of 600 REQUEST FOR PROPOSAL FOR FIREWORKSI Y RFP No.: 007-2710-18/IT PROPOSER ACKNOWLEDGEMENT Submit F ' To: PROCUREMENT SERVICES 10 . Boynton Beach Boulevard Box 1 Boynton Beach, Florid 33425-0310 Telephone: 1 742-6322 RFP Title: FIREWORKS DISPLAYS RFP Number 007-2710-18/IT FP Received By: APRIL 13, 2016, NO LATER THAN 2:30P.M. F ill be opened in Procurement i s unless specified otherwise. RFP receiving date and time Is scheduled r: APRIL 13, 2018, _ LOC TIME n y not he vilthdrawn within nine 0days after such date and time. All awards made as a result of this RFP shall conform to applicable sections of the charter and codes of the City. Name of Professional, Zambelli Fireworks Mfg. Co. Federal I. . u er: 2 1 1 Corporation of the to of: Pennsylvania Area Code: 561 Telephone Number: 395-0955 Area Code: 561 FAX her: 395-1799 Ili Address: 1 West Camino Real Blvd., Suits 100 i 1 t is Boca Raton, FL 33432 E-mail Address: mikesimmons@zambellifireworks.co uthorized nature Michael Simmons Name Typed City of Boynton Beach THIS PAGE MUST BE SUBMITTED RFP No.007-271G-18/IT TO BE CONIDERED COMPLETE AND ACCEPTABLE Page 86 of 600 A D D E N D A CITY OF BOYNTON BEACH FLORIDA RFP TITLE: "FIREWORKS DISPLAYS" RFP NO.: 007-2710-18/IT DATESUBMITTED: &A110, 2018 We propose and agree, If this submittal is accepted, to contract with the City of Boynton Beach, In the Contract Form, to furnish all material, means oftransportation, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: THE CITY OF BOYNTON BEACH we propose to perform the work of this Project according tot Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE ................... NO ADDENDUM WAS RECEIVED IN CONNECTION VkqTH THIS SOLICITATION City of Boynton Beach THIS PAGE MUST BE SUBMITTED 27 RFP No.007-2710-18/IT TO BE CONIDERED COMPLETE AND ACCEPTABLE Page 87 of 600 STATEMENT OF QUALIFICATIONS Each qualifier proposing on work Included in these General Documents shall prepare and submit the data requested in the following schedule of Information. This data must be included in and made part of each RFP document. Failure to comply with this instruction may be regarded as Justification for rejecting the RFP response. *attach additional sheets giving the information 1 Name of Qualifier: Zambell! Fireworks M(g. Co. 2. Business Address: 1 W Cam!no Real Blvd., Suits 100 Boca Raton, FL 33432 3. When Organized: August 1, 1960 4. Where Incorporated: Pen Ivania 5. How many years have you been engaged In business under the present firm name? 57+years incorporated-120+years in business 6. General character of work performed by your company. Professional Fireworks Displays 7. Enclose evidence of possession of required licenses and/or business permits. 8. Number of employees. 75 9. Background and experience of principal members of your personnel, including officers. 10. Bonding capacity, if applicable. Max. $50,000 sine bond- - 11. Have you ever defaulted on a contract? If so, where and why?* No City of Boynton each THIS PAGE MUST BE SUBMITTED 28 RFP No.007-2710-19/IT TO BEC (DERE COMPLETE AND ACCEPTABLE Page 88 of 600 12. Experience In performance of work similar in importance to this project. Project $Value Contact Name Phone# Cit, of Marco Island $52,000 Line qpham�. 239-389-5011 Cl!y of Pomp2no Beach $48,500 Kate Belcher 954-286-4755 City of Deerfield Beach $40,000 Cass!Waren 954-571-4583 Cl!y of DelTy Beach $35,000 Jarrod White-, 561-279-1380 A 09 13. Contracts on hand. * Approx. 1200 14. Largest completed projects(include final cost). 1) Thunder Over Louisville $270,000 2) Minneapolis Aquatennial $117,000 3) Detroit Freedo 1 The Parade.Companyi $208,000 15. List all lawsuits (related to similar projects) or arbitration to which you have been a party and which: * 1) arose from performance: * None 2) occurred within the last 4 years: on 3) provide case number and style: None Dated at: Boca Raton, FL this 1 Oth day of April 2018 By: ---------------....... (written signature) Name. Michael Simmons (printed or typed) Title: Fro .�leqt..Mana-aer City of Boynton each THIS PAGE MUST BE SUBMITTED 29 RFP No,007-2710-18/IT TO BE CONIDERED COMPLETE AND ACCEPTABLE Page 89 of 600 REFERENCES FOR Ili Fireworks Mfg. Co. (NAME OF FIRM) Company Name: ity of Orlando Address: 400 S Orange v _ _........... Orlando, L 32801 Contact ' Phone.- x: E-Mail: 407-246-3720 407-246-2504 april.michael It oforlando.net Company Name: Cita of Delray Beach (Delray Beach Marketiri Coo orative� 144 let Street i Delray ch, L 33444 Contact J rroit Phone: x: E-Mail: . m 561-279-1380 1 09 561-921-6384jwhite@delra,,�beach.com m .�..r nY� -e. .. Town ofLantana Address: Lantana, L 2 nt Co _ - _ Acini Wir omartono on . E-Mail: 581-540-5034 561-540-5009 arli I na. Name: 7777777771 City of PompanoBeach 100 W Atlantic Avenue Pompano Beach, FL 33060 $' Contact Name: —Kate Belcher Phone: E-Mail: - -786-4677 kate.belcher@copbfl.org City of Boynton Beach THIS PAGE MUST BE SUBMITTED 30 RFP No.007-2710-18/IT TO BE CONIDERED COMPLETE D ACCEPTABLE Page 90 of 600 ANTI-KICKBACK I I STATE OF FLORIDA } SS COUNTY OF PALM BEACH I, the undersigned my sworn, depose and say that no portion of the sum herein submifted will be paid to of thei on Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firmr by an officer o the corporation. . r °* Sworn cribefore this 1 Oth day of April 20 18 Printed Information: Michael Simmons NAME Project n ger IL NOTARY PQ,Bi,,,]C, State of Florida at Large mb Ifi Fireworks fg COMPANY ® r elle s Mm ft z we uOFFICIAL NOTARY SEALR STAMP City of Boynton Beath THIS PAGE MUST BE SUBMITTED 1 RFP No.007-2710-18/IT TO BE CONIDERED COMPLETE AND ACCEPTABLE Page 91 of 600 NON COLLUSION AFFIDAVIT State of Florida,"", County of Palm _1 Michael Simmons being first duly sworn, deposes and says that: 1) He/She is Project _ er of Zembeill Fireworks m qualifier (Title) (Name o a "lo r Firm) submittedwho has 007-2710-1 / FIREWORKS DISPLAYS tLe/She is fully Informed in tion and contentssubmittal and of II pertinent circumstancesi submittal; Said is genuineis not a collusiver sham RFP; Further, the saidqualifier nor any of its officers, partners, owners, agents, representatives, employeesr parties In Interest, including i , has in any way oolluded, conspired, connived r agreed, directly or indirectly y other qualifier, firm or person to submit collusive r sham RFP In connection withn for which submittedor to refrainbidding in connection with such Contract, or has in any manner, directlyor Indirectly, o r or collusion or communications or conference with any other qualifier, firm or person to fix the price or prices In theor of any other qualifier, or to fix any overhead, r cost elementof the RFP priceor the RFP price of any other qualifier, or to secure through any oolluslon, conspiracy, connivancer unlawful agreement any advantagei i of Boynton Beach or any person interested in the proposed Contract, 5) The price or prices quoted In the attached bidfir and proper and are not tainted by any collusion, Iconnivance or unlawful agreement on the part of the qualifier or any o Its agents, representatives, owners, employees, or parties In Interest, including i nt. (Signed) Manager Subscribed n This 1 Oth dav of_ aril 1 My commission expires August 02, 2018 City of Boynton Beach THIS PAGE MUST BE SUBMITTED RFP No. 7-2710-1 /IT TO BE CONIDERED COMPLETE AND ACCEPTABLE Page 92 of 600 CONFIRMATION I IBUSINESS A requested form to be made a part of our files r future use and Information. I II out and Indicate in the appropriatevi isdescribes your company. Return his form withyour bid proposal sheet makingit an official part of your bid response. Is your company a Minorityi ? Y s � =o If Yes, please Indicate by an"X" in the appropriate box: ( AMERICAN INDIAN { ) ASIAN { ) BLACK ( ) HISPANIC { ) WOMEN { ) OTHER (specify) ( NOT APPLICABLE Do you possess a Certification qualifying your business as a MinorityBusiness? YES NO X If YES, Name the Organizationis i certification obtained . I l -Organization for Certification Date of Certification City of Boynton Beach THIS PAGE MUST BE SUBMITTED RFP No.007-2710-18/IT To BE CONIDEREDC CT L Page 93 of 600 CONFIRMATION OF DRUG-FREE WORKPLACE I TIE SUBMITTAL5 Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none oft tied Professionals have a drug-free workplace program. Inorder to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited In the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or pI ea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the UnIted States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation In a drug abuse assistance or rehabilitation program if such is available In the employee's community by, any employee who is so convicted. 6) Make a good it effort to continue to maintain a drug-free workplace through Implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Professional's Signature THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 34 COMPLETE AND ACCEPTABLE. RFP No.007-271 cm IT Page 94 of 600 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Respondent is aware that the Inspector GeneralPalm Beach County has the authorityinvestigate i relating O ' this contract, and in furtherancer in records and testimony from the Contractor and its subcontractors and lower tier . The Respondent understands and agrees tin addition to all otherr i consequences provided by 1 , the failureContractor or its subcontractorsr lower tir subcontractors to fully cooperate withInspector General when requested may be deemed by the municipality ri I breach of thisr i i its termination. Zembeill Fireworks fCo. y � d Title: nor ��narr .run.-.r..��. Date: April 10 2018 THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 35 COMPLETE AND ACCEPTABLE. RFP No. -2710-1 81IT Page 95 of 600 CITY OF BOYNTON BEACH CERTIFICATIONLOCAL BUSINESS STATUS 1, Michael Simmons -Projectn r of (Name of officer of company) (Title of officer of company) Zambe1 Camino al I uke 100 III Fireworks , to n FIL 33432 ( 'me of Corporation/Company) (Business ) Certify that l am an authorized representativebusiness , on behalff the Business, it be deemedo be a local business for purposes of the City of Boynton c Local Preference Program. AnsweringQuestion 1 and Question below will qualify the businesslocal business. In support of this , I certify following correct: NAME OF BUSINESS. II! Fireworks Mfg. Co. 1. Is the businessto lln—t-h—e—Cityllmftsr of Years: of Boynton Beach, Florida? i X11— Does the businesshave i sins License receiptissued in the c r: . Is the business i tered with the Florida YES NO Division of Corporations? s I understand that misrepresentation of any facts in connection with this s r removal from the certifiedlocal business list. I also agree that the businessis required notify the Cityin writingshould It cease to qualifylocal business. & S,�� Print Michael Simmons Signature: PURCHASING BusinessI II Active: Verified _ : THIS PAGE TO BE SUBM17YED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND E ABLE. RFP No.007-2710-1 WIT Page 96 of 600 FIREWORKS DISPLAYS RFP No.: 007-27110-11811T SCHEDULE OF SUB-CONSULTANTS The Un In Respondent proposes the following major subcontractors for the major areas of work for the Project. The Respondent Is further notffied that all sub-contractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance In accordance with the contract ge conditions. This page may be reproduced for Il ting additional sub-contractors,If required.If ngi Olpallglhie ge if u ul n ill ho U12d Jill 11:112 gililfgMillipglit gf Ibla Wa& WIMI sign @nd dft thl ftgM,, 291CLARMEA21211L ......................................... HIM2 2f amb&MMUR AddMLLQL2UkQQn1W= Limon No.; ..........------ - NONE NONE NONE NONE NONE .............................. ............. ................................................ ........ ...............—--------.............. .............. ........... ...................................... —----------- .................................. r Signature Date: rll 10,201 TiflelCompony,_Zambelill Fireworks Mlg.Co. Fireworks—-—----—-------------- Owner reserves the right to reject any sub-contractor who has previously folled In the proper performance of an award,or failed to deliver an time contracts In a similar nature,or who Is not responsible(flnandal capability,look of resources,ate.)to perform under this award.Owner reserves the right to Inspect all facliftles of any sub-contractDr Ino r to make a determination as to the foregoing. THIS PAG!TO BE SUBMffTED FOR PROPOSAL TO BE CONSIDERED 37 COMPLETE AND ACCEPTABLE. RFP No.007-2710-1 BAT Page 97 of 600 TE ACVJZ& CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA71ON ONLYRIGHTS UPON THE CERTIFICATEHOLDER.TI CER71FICATE DOES NOT AFFIRMATTVIELYL F POLICIES THIS CERTIFICATEINSURANCE DOES NOT CONSTITUTEISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCEIL AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the ll I )must have ADDITIONAL INSURED proWelonsor be endorsed. It SUBROGATIONIS I ,subject and conditions of the policy,cartaln policiesrequire an endarserneft A statement an Me cordfleate does not CIO for rights to the cerifficats holder In lieu adf auch endorzemen ,i. PRODUCER F � �� Michelle Kugler II SpecialtyInsurance,Inc. 10461 Gulf Blvd .PHONE u 727-547-30 E a..... ._7 7-558 T sure Island,FL 3370GA814 [MAIL mul Illedspcl FORDING COVERAGE NAIC .. ... INSURER A: T.H.E.Insurance ma 12806 INSURED ZAMBELLI FIREWORKS MFGCO.INC.,ETL !N-- 20 SOUTH MERCER STREET INSURER C c ......... I NEW EPA 18101 . JJNeURER D I INSURER E I — 1 INSURER P c - COVERAGES I , REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES F INSURANCE LISTED BELOWBEEN ISSUED TO THE INSURED NAMED ABOVE FOR THF POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE AY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES IN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. h,itil"u a S�� ��t°�EFF PO EXP LT EOFINSU NCE POLICY NUMBER 5tr l9�V 'r`1 r`Wi nC �F°"d'rl LI R8 A X_COWwERCIALOENERALLIABILITY CPP0103167-05 02/01/2018 0210112019 .EACH OCCURRENCE S 1 000 D00 IiEN Iso CLAM84AADE OCCUR PREM-R-_5;d,:N ..,, =rO, 7 100.000 �. MED EXP i xr a ons a @roan ! NIA PERSONAL6 INJURY.. e! 1..,0 . 00,000 GERLAGGREGATE UNIT APPLIES PER GENERAL AGGREGATE i 10,000,000 P T$-COM P G 2.000.000 — ------...-- OTHER: S i.ia�,�ll5 i s� 1 — A i AUTOMOBILE LIABILITY CPPOI DSI07-05 02/01/2018 02101/2019 ,,I S 1,000,000 Y AUTO 13ODLY INJURY( ) —OWNED HE LED DILY I URY( derd) S HIRED ALITOS ONLY ;h10NAHRIED �+�PES a� �n I ru r AUTOS . J S AUTOS ONLY AUTOS ONLY A E ;UMBRELLA LIAOCCUR ELP0011081-06 02101=8 j 0210112019 EACH OCCURRENCE $ 0,000 EXCESS LIA EI .....................GA i--------- ....is 13,000,000 0, 0 DIED RETENTION WORKERS COMPENSATION AAND WC00125EMPLOYERS'LIABILITY YIN /01/2018 I 1011 A ' r1 . �.. .. ANYPROPRIETORIPARTNEREXECU TTVE ❑ NIA Coverage is afforded In dw Sieh(@)of A?? r,OT,DE,FL,g,. IL,IN,KY, ;E.L EACH ACCIDENT S 1,000.000 OFFICERIMEMBEREKCLUDED? LA MD,MI,NC,NE,W.NY,PA SC TX,�A S WI { III NH) E.LDIS E-EAEMPLOYEr,S 1,000.000 Polley rtot de d bingy b Irk York D ascribe OF OPE TIONS below E.L.DISEASE-POLICY LIMIT t 1,000,000 A Inland Marine I Hull C 103187-05 0=112WS 02/01=19 'Hull $ ,5 LImlt ,0 lm .0 DESCRIPTION OF OPERATIONS 1 LOCA71ONS 1 VEHICLES(ACORO 101,Addidomi Remarks Schedule,may be afteaked M more @pan Is raquiracC Display Da In fon. RE:General Liability, failawing are namedas addIflonal Insured In respecM to the negligence of the named Insured, s Is followform: LE I CERTIFICATE HOLDER CANCELLATION SAMPLE SHOULD ANY OF THE ABOVE DESCRIBED POLICIESLLE®BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED I ACOORDANCE WITH THE POLICYPROVISIONS. AUTHORMO REPRESENTATIVE (117 f �I; 1966-2015 ACORD CORPORATION. All rights ACORD 25(2016103) The ACORD name and logo are reglatered marks of ACORD Page 98 of 600 } kINS, M1� � ....�.........'� _..__.. 4 CO t t II11 14-4 w 4 t 4 L�/ 4 ..moi Q Y 4 it S N • • � � � �! (W � �°k•� r4 � t r { 4 Y Itt4� eo � I J { ` 4 4k V7 a(s a E" t 111 � 6� i {- ,,� Page 99 of 600 20min_J4 TRACK-18-19 City of Boynton Beach " Sample Music List Track Ti ti, e InneavOmposer 1 . . . . In The USA John Cougar Mellencamp This Land is Your Land Everclear Thunder Imagine ons Living in America James Brown 5 it's America Rodney Atkins Something Just Like This The Chainsmokers& Col play 7 Made In The USA Demi L vat I'm Born to Run American Authors America Nell Diamond 10 Can't Stop The Feeling! Justin Timberlake 11 God Bless the USA Jeremy Dodge 12 American Ride Toby Keith 13 America The Beautiful Ray Charles&Aliciae 14 Ode to Joy (Symphony o. ) Beethoven Page 100 of 600 DEPARTME2ff OF JUSTICE Bureau of Alcohol,Tobacco, Firearms and Explosives ma"imbMT,WV2j4W January ,2018 Zarnbolli Fireworks Manufacturing, Co. Zambelli Fireworks Internationale 1 20 South 5400 New Castle,PA 16101 it r: - Promises Addresr 20 South Mercer Street,Now Castle,PA 16101 Dear Sir[Madam: This letter acknowledgesreceipt of your timely li tion to renew your Federal explosives lic ° . The Bureau o 1, Tobacco, s iv ) is of 1 to process your application prior t expiration date of your license/permit. However,Federal law allows to continue operations er your current license/permit until such s ATF completes processingi This letter, or as explained below, a follow-up loner, will sirve as yourlicense/permit until we completeaction on your renewal. It is referred to as a Letter f Authorization ). Sincev t completed processingapplication, u may supply letter r Iicenseestpermiistributors, r the next six months (or until we complete action , if that occurs in less than six o s evidence of your licensed/permitted we have not completedc s i li ° n fbr renewal withinsix months of the dateof this letter, we will send o letter, which willis valid o six months(or until we complete c ' n your renewal, if that occurs in less dm s' months). is of course contingent upon your remaining entitledo continue operations under your current licenselpermit. Please do r concerns regardingthis letter to Cindy McKinney at(304) 1 or Cynthia.mckinney@atf.gov. Sincerely, 14 Christopher Reeves Chief,Federal Explosives Licensing Center address:ATF wcb 22Zjff&a Page 101 of 600 Fkanis chqp!Al" B A6hd; �16m� WW O.qpn'=dCr.tmc 4��Aalof 1910,AW the impistiouimme'b=UndW'.rZ'CM- 'in 5S5)`YW=Ywwm MMOL.Tli IS L f CINS&tsNcg, I, Dirck. 7F ATF4hKFELC L A MD a Z* I I ........ .d"ca IV Ow 1p simu in n. mp X 0" . .. N! OBOW-HIAERCERA iff STJ' ' NEWOA � LEil,-PA-181014 �!pe:oCtrcensirllC:� :. 20-MANOPA"OTO!'441"K Q" Fi - IVES.V AWOF -71 ,1 . 4W arm dwoa, iwnw 11-1 f-2, TiOr e po Viptm- FIX.a' Abdr Fkia FEA@mt,pp choplitAddrVA 0"OAAN Aiii i' iiil Orlp bwolillbe�," m a md t A*tbd*0wdw-Or*q"n Ou Guhla nmhw or rmft =01 t Vaderal gzpbo'h;s"OnwiftwR C!&L)100mg"Ckird IRSM qsdPcmi.qLN*c:ZA "MEWORKS MANUFACTURING ;A.MORLP O&WO.R -.R8l9ATkONM'ff 3, V �pr. Page 102 of 600 6.C. CONSENTAGENDA 5/1/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: Approve utilizing the US Communities Contract# EV2370, with the City of Kansas City being the lead agency, with Graybar Electric Company for the purchase of electrical parts and components for the City's lift stations for an estimated annual expenditure of$60,000. The US Communities procurement process satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: Contract Term: February 1, 2018 to January 31, 2023 US Communities is a national cooperative purchasing program providing procurement resources and solutions to local and state government agencies. The City of Kansas City was the lead on this contract that is offered through US Communities for agencies to utilize. As the lead agency, the City of Kansas City solicited proposals through an RFP meeting our City's competitive bid requirements. This approval will allow for the purchase of electrical parts and components for the City's lift stations. The parts are necessary to maintain functioning lift stations. These parts will be used to replace malfunctioning or damaged parts that cause the lift station to stop operating. These parts will also be used for rehab purposes and will be stocked at the City's warehouse. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will enable lift stations to function properly and be repaired when needed. FISCAL IMPACT: Budgeted Funds are budgeted and available for account 502-0000-141-0100 for the estimated amount of$60,000. FY 15/16 expenditures were $45,308.60 FY 16/17 expenditures were $40,311.94 ALTERNATIVES: To not approve utilizing the contract and issue our own bid. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 103 of 600 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum US Communities® City of Kansas D Addendum Letter of Intent D Addendum Contract D Addendum Discounts® Electrical D Addendum Discounts® SquareD D Addendum Discounts® Lighting Page 104 of 600 EV2370 - Electrical, Lighting, Data Communications and Security Products and Related Products, Services and Solutions Introduction and Overview Point Value: 0 i i .,tOVERNNE '`R IOU F0,3"1A,SlNG ALWANCE A0 . 4, *O, NLIC 1.MASTER AGREEMENT The City of Kansas City,MO(herein "Lead Public Agency")on behalf of itself and all states,local governments, school districts,and higher education institutions in the United States of America,and other government agencies and nonprofit organizations(herein"Participating Public Agencies")is soliciting proposals from qualified suppliers to enter into a Master Agreement for a complete line of Electrical, Lighting,Data Communications,and Security Products and Related Products,Services and Solutions (herein"Products and Services"). 2.OBJECTIVES A.Provide a comprehensive competitively solicited Master Agreement offering Products and Services to Participating Public Agencies; B.Establish the Master Agreement as a Supplier's primary offering to Participating Public Agencies; C.Achieve cost savings for Suppliers and Participating Public Agencies through a single competitive solicitation process that eliminates the need for multiple bids or proposals; D. Combine the volumes of Participating Public Agencies to achieve cost effective pricing; E.Reduce the administrative and overhead costs of Suppliers and Participating Public Agencies through state of the art ordering and delivery systems; Page 105 of 600 F.Provide Participating Public Agencies with environmentally responsible products and services. 3.U.S.COMMUNITIES U.S. Communities Government Purchasing Alliance(herein"U.S. Communities")assists Participating Public Agencies to reduce the cost of purchased goods through strategic sourcing that combines the volumes and the purchasing power of public agencies nationwide. This is accomplished through an award of competitively solicited contracts for high quality products and services by large and well recognized public agencies(herein"Lead Public Agencies"). The contracts provide for use by not only the respective Lead Public Agency,but also by other Participating Public Agencies. National Sponsors U.S. Communities is jointly sponsored by the National Association of Counties(NACo),the National League of Cities(NLC),the Association of School Business Officials International(ASBO),the United States Conference of Mayors(USCM)and the National Governors Association(NGA)(herein "National Sponsors"). Advisory Board The U.S. Communities Advisory Board is made up of key government purchasing officials from across the United States. Each Advisory Board Member is expected to actively participate in product bids and selection,participate in policy direction,and share expertise and purchasing innovations. Current U.S. Communities Advisory Board Members Auburn University,AL Great Valley School District,PA Beaverton School District,OR Harford County Public Schools,MD City and County of Denver,CO Hennepin County,MN City of Chicago,IL Los Angeles County,CA City of El Paso,TX Maricopa County,AZ City of Houston,TX Miami-Dade County,FL City of Kansas City,MO North Carolina State University,NC City of Los Angeles,CA Onondaga County,NY City of Ocean City,NJ Port of Portland,OR City of Seattle,WA Prince William County Schools,VA Cobb County,GA San Diego Unified School District,CA Denver Public Schools,CO State of Iowa,IA Emory University,GA The Ohio State University,OH Fairfax County,VA The School District of Collier County,FL Fresno Unified School District,CA Page 106 of 600 GENERAL SERVICES DEPARTMENT Procurement Services Division i City Hall — 1' Floor, Room 102 414 East 12th Street Main Line: (816) 513-0851 Kansas City, Missouri 64106 Fax: (816) 513-1066 November 29,2017 David G. Maxwell, Senior Vice President–Sales raybar Electric Cothpany, Inc. 34 North Meramec.Avenue St.Louis,MO 63105 P EV2370—Electrical,Lighting, Data Communications and Security Products and Related Products, Services and Solutions The City of I<ansas City,Nfissouri and U. S. Communities appreciate the time and effort that was put into the preparation of your proposal for the above-referenced RFP. Your proposal has been evaluated by a committee and has been recommended for an award.The City's Manager of Procurement Services intends to introduce an ordinance to seek City Council authorization to execute a contract with Graybar Electric. If City Council authorization for a contract with Graybar Electric is obtained, the City anticipates an executed contract with an effective date of February 1,2018. If you have any questions,please feel free to contact me at (816) 513-0816 or Renec ed k-ci ,.We look forward to working with Graybar Electric. Sincerely, Wk I t Aldo(�j Renee Medlin,CPPO Procurement Manager Page 107 of 600 DocuSign Envelope ID:4AQ25638-AEcA,49F94o47-e1OBBDEIBBDO MASTER CONTRACT FOR PRODUCTS AND SERVICES-THE CITY OF KANSAS CITY, MISSOURI CONTRACT NO.: EV2370 TITLE/DESCRIPTION: 9194ji[Le , &I I h!tlngDtib Cg2mmUnications and Security P!gdugk j1ndy_ojAt9d .j.11 1 Pro ucts rvicami and Solutions THIS Contract is behveen KANSAS CITY, MISSOURI, a constitutionally chartered municipal corporation ("Crrr), and Grayber Electric Company, Inc. ("CONTRACTOW). ® 1. The Contract. The Contract between the CITY and CONTRACTOR consists of the following Contract Documents: (a) this Contract; (b) CONTRACTOR's Proposal dated October 6, 2017, that is attached hereto and Incorporated Into this Contract; (c) ® RFP No. EV2370 that is Incorporated into this Contract by reference; (d) any CITY Issued Purchase Order-, (a) any CITY and CONTRACTOR executed Work Order that Is Incorporated into a CITY issued Purchase Order, (f) any and all Attachments and Exhibits attached to the Contract. All documents listed in this Section 1 shall be collectively referred to as the "Contract Documents! and are incorporated intm o this Contract. CITY and CONTRACTOR agree that the terms Agreemenr and "Coritracf and "Contract Documents! are used interchangeably in this Contract and the terms uAgreemerif and "Contract" and "Contract Documente each Include all MContract Documents.* Sec. 2. Initial Term of Contract and Additional Periods. (a) Initial Term. The Initial term of this Contract shall begin on February 1, 2018, and shall end on January 31, 2023. The Manager of Procurement Services Is authorized to enter into an amendment of this Contract with CONTRACTOR to extend the term of this Contract and time of performance for this Contract. (b) Renewal Terms. At any time prior to. the expiration bf the initial term or any subsequent term, the CITY, in its sole discretion, may renew this Contract for up to three (3) additional two(2)year terms. ---------------- MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 1 of 20 (REV. 12-05-16) Page 108 of 600 oncuSign Envdope D4AO2563a-AEBAABFB-9947-81OB3DEIBBDO (c) Transition Term. Notwithstanding l initial term or any subsequent term or optionsall I I continue Contract it the CITY has a new contract in place provider or it the CITY terminates . Sec. 3. Purchase Orders and Work Orders. (a) Purchase Order. CITY shall order all EWrIcal, Lighting, Date Communications, and Security Products and Related Products, Services ions, (hereinafter" " or "Products and Serviceewr i " depending means of a Purchase Order Issued r of Procurement Services for whichi Finance. CONTRACTOR II not provide any "Products"or"Products and Services" or"Services" i amountexcess of the dollar contained in any Purchase Order even Work Order between the CITY and CONTRACTOR. CONTRACTOR shall not be entitled any payment from CITY In excess of the dollar amount of the Purchase Orders from CITY even If such t is authorized in a Work Order executed by CITY and CONTRACTOR. I Purchase Orders shall automaticallythe Contract and all Contract requirements even If the Contract is not referenced. (b) Goods and Products. CONTRACTOR shall timely provideI by the CITY t the Prices "Goods! and "ProduaW are used interchangeably Includes . (c) Services or Work Orders for both Products and Services. I. The CITY may request CONTRACTOR to provide Servicest Services. isubmitting I IServices or for both Products and Services i , the obtainCONTRACTOR must i r of Procurement Services to submit a Proposal to the CITY Department. CONTRACTOR shalliServices Manager of Procurement ServicesiServices or both Products and Services iIncluding the Pricing i Services. 2. r to the Manager of Procurement Services authorizingprovide ServicesServices or both Products and , the Manager of Procurement Services shall: Obtaina. i If the estimated cost of the Services f dollar goals;thresholds for MBEAMBE goals and Workforce Goals for MBE/WBE ® Have the CITY'sDirector of Human Relations determinewhether Services ! Prevailing requirements Performance and Maintenance ; MASTT FOR PRODUCTS AND SERVICES Page 2 of 20 (REV. Page 109 of 600 Doouftn Envelope ID:4AO2553BAEOA49FD4?947-81OB3DElBBDO ® Any other Legal requirements including compliance with the CITY's SLBE requirements d. if the CITY's MBE/WBE program requirements are not applicable due to not meeting the dollar thresholds. 3. If the Manager of Procurement Services authorizes CONTRACTOR to submit a Proposal for Services or for both Products and Services, CONTRACTOR shall submit a detailed Proposal that Includes the Scope of Services, the Proposed Schedule, the Price and If applicable, comply with MBEANBE goals, Prevailing Wage requirements, and Payment Bond and Performance Bond requirements, or SLBE requirements. If the CITY and CONTRACTOR agree to CONTRACTOR's Proposal, the CITY will Issue a Purchase Order and Work Order that is executed by the CITY and CONTRACTOR. All Work Orders and Purchase Orders signed by the CITY and CONTRACTOR shall automatically Incorporate this Contract (even If the Work Order does not specifically Incorporate this Contract). (d) CONTRACTOR shall bill the City, In a form acceptable to the City, on the following basis: monthly. See. 4. Effective Date of Contract. (a) Notwithstanding Section 2 of this Contract, neither party has any obligation under this Contract until the Manager of Procurement Services issues a Purchase Order which shall be sI gned by the City's, Director of Finance certifying there is a balance, otherwise unencumbered, to the credit of the appropriation to which the expenditure is to be charged, and a cash balance, otherwise unencumbered, in the treasury, to the credit of the fund from which payment will be made, each sufficient to meet the obligation Incurred In the Purchase Order. (b) The date of the first Purchase Order issued by the CITY Is the efliective date of this Contract. (c) The date of the first Purchase Order Issued by the CITY after the CITY renews this Contract shall be the eftative date of the renewal term or transition term. ® 5. Invoices. (a) CONTRACTOR shall submit to CITY a request for payment (hereinafter "Invoice") for services performed in sufficient detail for the CITY to determine that the amount CONTRACTOR is requesting Is In fact due and payable. (b) CITY shall not pay any Invoice from CONTRACTOR unless CONTRACTOR .is in compliance with, and not In breach or defoult of, all terms, covenants and conditions of this Contract. If damages are sustained by CITY as a result of breach or default by CONTRACTOR, CITY may withhold payment(s)to CONTRACTOR for the purpose of set off until such time as the exact amount of damages due to CITY from CONTRACTOR may be determined. MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 3 of 20 (REV. 12-05-16) Page 110 of 600 DocuSign Envelope ID:4AD25838-AEVA9F9-gg47-81OB3DEIBBDO (c) CITY shall not process CONTRACTOR's Invoice unless CONTRACTOR's Invoice is in proper form, correctly computed, and is approved by CITY as payable under the terms of this Contract. (d) CITY Is not liable for any obligation incurred by CONTRACTOR except as approved under the provisions of this Contract. (a) If CONTRACTOR Is required to meet MBE/WBE goals for this Contract, CONTRACTOR shall not submit an Invoice to the City unless CONTRACTOR's Invoice is accompanied by a copy of the most recent 00485.01 MMBE Monthly Utilization Report submitted by CONTRACTOR to the CIVs Human Relations Department. CONTRACTOR shall remain current on CONTRACTOR's filing of 00485.01 MANBE Monthly Utilization Reports. CITY shall not pay CONTRACTOR's Invoice unless CONTRACTOR is currard on CONTRACTOR's filing of 00485.01 MMBE Monthly Utilization Reports. (f) Payment terms are not 30 days. Sec. 6. Representations and Warranties of CONTRACTOR. CONTRACTOR hereby represents and warrants to the CITY the following: (a) CONTRACTOR is in good standing under the laws of the state of Missouri and each state in which it does business, except any such state where the failure to be in good standing would not have a material adverse effect on CONTRACTOR's ability to perform this Contract In accordance with its terms. (b) The execution, delivery and performance by CONTRACTOR of this Contract have been duly authorized by all necessary corpormle action and do not and will not (1) require any consent or approval of CONTRACTOR's board of directors; (11) require any authorization, consent or approval by, or registration, declaration or filing with, or notice to, any governmental department, commission, board, bureau, agency or Instrumentality, or any third party, except such authorization, consent, approval, registration, declaration, filing or notice as has been obtained prior to the date hereof, (111) violate any provision of any law, rule or regulation or of any order,writ, injunction or decree presently In effect having applicability to CONTRACTOR or its articles or by-laws, and (Iv) result in a breach of or constitute a default under any material agreement, lease or instrument to which CONTRACTOR Is a party or by which It or its properties may be bound or affected. (c) CONTRACTOR shall not enter Into any contract for the services to CITY that purports to grant a security interest or right of repossession to any person or entity respecting the services, or any portions thereof or chattels placed thereon. (d) There is no litigation, proceeding or other Investigation pending or, to the knowledge of CONTRACTOR, threatened against CONTRACTOR which would prevent consummation of the transaction contemplated by this Contract or would have a materially adverse effect on CONTRACTOR. (a) CONTRACTOR warrants that all goods and Products are sold free of any security Interest and will make available to CITY all transferable warranties (including without limitation MASTER CONTRACT FOR PRODUCTS AND SERVICES ftge 4 of 20 (REV.12-05-16) Page 111 of 600 DocuSign Envelope ID:4AO2563B-AEVAeFg-9947-81OB3DEISBOO IntellectualwarranUes with respect to infringement) IMPLIEDmanufacturer of the goods. CONTRACTOR MAKES NO OTHER , SPECIFICALLYAND IMPLIED WRITINGFITNESS FOR PURPOSE. UNLESS OTHERWISE AGREED IN AUTHORIZED REPRESENTATIVE OF SELLER, PRODUCTS SOLD HEREUNDER ARE NOT I ) ANY SAFETY APPLICATION CONTAINMENTOR THE l , OR 2) IN A HEALTHCARE PATIENTSITUATION, WHERE THE GOODS HAVE POTENTIAL FOR DIRECT PATIENT CONTACT OR WHERE A SIX(6) FOOT CLEARANCE FROM A AT ALL TIMES. (i) Neither party shall be liableit r this Agreement In the extentevent and to the that such delay or failure „ civil commotion, acts of accident, fire or water damage, explosion, in transportation, legislative action, government regulationsr event beyond the respective control.reasonable See. I representations, warranties and covenants expressed herein shall survive the execution of this Contract for the benefit of the parties Sec. S. Governing Low. Thisshall the State of Missouri ii issouri's choice of law provisions. CONTRACTOR: (1) i I I l courts located in Jackson Counti, Missouri, !vI objections to judadiction ( raise convenlens as an objection to the locationlitigation. See. ( notice CONTRACTOR specifying i ion, terminate this Contract, i . Sec. 10. Deftult and Remedies. ( ) If CONTRACTOR shallI this tCITY may tenninate thisI invoke legal or equitable ii (1notice opportunity . ( ) If CITY shall be in default or breach of any provisionthis , CONTRACTOR may terminate i it (1 noticedays written I . ( ) ITY's remedies under this to any limitations conti iconditions , whichcopy of 'll be furnishedliability shall be limited i Ireplacement purchase price, Ioption, in no case shall liable incidental . In addition, claims loss In in writing )days after receiptshipment. CONTRACTMASTER DUCTS AND SERVICES ftge E of 20 (REV. 12-05-16) Page 112 of 600 Docuffign Envek*e ID:4AD25035,AEVA9Fg4;947-81OB3DEIBBDO The limitation of remedies Imposed by this Section is only applicable to Products and Goods provI ded by CONTRACTOR and this limitation of remedies section is not applicable If CONTRACTOR provides Services or both Product% Goods and Services pursuant to Section 3(c)of this Contract. See. 11. Waiver. Waiver by CITY of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the some or of any other term, covenant or condition. No term, covenant, or condition of this Contract can be waived except by written consent of CITY, and forbearance or indulgence by CITY In any regard whatsoever shall not constitute a waiver of some to be performed by CONTRACTOR to which the some may apply and, it complete performance by CONTRACTOR of the term, covenant or condition, CITY shall be entitled to invoke any remedy available to it under this Contract or by law despite any such forbearance or Indulgence. Sec. 12. Acceptance. No payment made under this Contract shall be proof of satisfactory performance of the Contract, either wholly or in part, and no payment shall be construed as acceptance of deficient or unsatisfactory services. See. 13. Records. (a) For purposes of this Section: 1. mCITY" shall mean the City Auditor, the City's Internal Auditor, the CKys Director of Human Relations, the Cfty Manager,the City department administering this Contract and their delegates and agents. . ° shall mean any document, book, paper, photograph, map, sound recordings or other material, regardless of physical fbrm or characteristics, made or received in connection with this Contract and all Contract amendments and renewals. (b) CONTRACTOR shall maintain and retain all Records for a term of five (5) years that shall begin after the expiration or termination of this Contract and all Contract amendments. CITY shall have a right to examine or audit all Records, and CONTRACTOR shall provide access to CITY of all Records upon ten (10)days written notice from the CITY. (c) The books, documents and records of CONTRACTOR In connection with this Contract shall be made available to the City Auditor, the City's Internal Auditor, the City's Director of Human Relations and the City department administering this Contract within ten (10) days after the written request Is made. See. 14. Affirmative Actiom If this Contract exceeds $300,000.00 and Contractor employs fifty (50) or more people, Contractor shall comply with City's Affirmative Action requirements in accordance with the provisions of Chapter 3 of Cltys Code, the rules and regulations relating to those sections, and any additions or amendments thereto; In executing any Contract subject to said provisions, Contractor warrants that it has an affirmative action program in place and will maintain the affirmative action program in place for the duration of the Contract. Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, national origin or ancestry, disability, sexual orientation, gender Identity or age in a manner prohibited by Chapter 3 of City's Code. Contractor shall: MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 6 of 20 (REV 12-05-16) Page 113 of 600 Submit, in printr electronic format, a copy of Contractors current certificatecompliance to the City's l ) prior to receiving the first payment under the Contract, i Ious two (2) calendar years. If, and only If, Contractor does not possess a current oertifloation of compliance, Contractor shall submit, In print or electronic , a copy of its affirmative action program to HRD l , unless a copy has already been submitted to HRD at any point within the previous years.calendar ( Require actionSubcontractor has an affirmative In place and will maintainaffirmative action program in place . c Obtain Subcontractors current certificate of complianceprint electronic format, to HRD within thirty is executed. If, and only I , Subcontractor does not possess a current. certificatecompliance, Contractor Il obtain a copy of the Subcontractor's affirmative actionr tender a copy of the same, i rthirty executed.the subcontract is actionCity has the right to take 'r i Relations i provision. If Contractor falls, I it i , then such failure shall be deemed a total breach of thisi , canceled or suspended, in whole or In t r may be declared ineligible contractsity for a period of one(1)year. This is a material term of this . Compliance.Sec. 15. Tak If of May Ist through April 30th, CONTRACTOR shall provide proof of compliancewith J " ordinancesi istered by the CITY's Commissioner of Revenue as a preconditionmaking the first payment under this Contract. CONTRACTOR also shallcompliance with the CITY's tax ordinancesadministered Commissioner ' i precedent to the CITYi r the Contract. Preference.Sec. 16. Buy American It Is li commodities used orsupplied in the performance of any CITY Contract or any subcontract thereto shall be manufactured or produced In the United States whenever . Sec. 17. Notices. I notices to be givenIn i , served or made depositingby i it addressed to the party to be notified, postpaid and certifiedregistered or I r by delivering the some in person to such person. Notice In the mail in vi i stated in such noticeIn II i containingon the' envelope In any other manner shall be effective only receivedwhen ices shall be sent to the following . ifMissouri Procurement Services iii 414 East 12th Street, 1 ut Floor, Room 102 W Kansas City, Missouri 64106 Attention: , ., M., Manager MASTER TSERVICES Page 7 of 20 (REV. - -1 Page 114 of 600 DowSign Ehvelope ID:4AMW3SAEfiA-49F9-9947-81 0133 BBDO E-mail: cedrlc.rowan(&kcm2.oM Telephone: (816) 513-0814 Facsimile: (816)513-1066 With copies to: Law Department of Kansas City, Missouri 414 East 12th Street, 23dFloor Kansas City, Missouri 64106 ® Cecilia Abbott, Esq., City Attorney E-mail: cap]la.a MQ.9!2 Telephone: (816)513-3127 Fax: (816) 513-3133 If to the CONTRACTOR: Graybar Electric Company, Inc. Ronald Drescher, National Sales Manager, Corporate Sales 11885 Lackland Road ® Louis, Missouri 63146 E-mail: ron.drescherdftravbar.com Telephone: (301)306-3263 Mobile: (301)830-1424 ® 18. General lndemnlflcadon. (a) For purposes of this Section only, the following terms shall have the meanings listed: 1. Claims means all claims, damages, liability, losses, costs and expenses, court costs and reasonable attorneys' fees, including attorneys' fees incurred by the CITY in the enforcement of this indemnity obligation. 2. CONTRACTOR's Agents means CONTRACTOR's officers, employees, subcontractors, successors, assigns, invitees, and other agents. ® CITY means CITY, its Agencies, fts agents, officials, officers and employees. (b) CONTRACTOR's obligations under this Section with respect to indemnification for acts or omissions, including negligence, of CITY, shall be limited to the coverage and limb of Insurance that CONTRACTOR Is required to procure and maintain under this Contract. CONTRACTOR affirms that it has had the opportunity to recover all costs of the insurance requirements imposed by this Contract In Re contract price. (c) CONTRACTOR shall defend Indemnify and hold harmless CITY from and against all claims arising out of or resulting from all acts or omissions in oonnection with this Contract caused in whole or in part by CONTRACTOR or CONTRACTOR's Agents, regardless of whether or not caused in part by any act or omission, Including negligence, of CITY. CONTRACTOR is not obligated under this Section to indemnify CITY for the sole negligence of CITY. (d) In no event shall the language In this Section constitute or be construed as a waiver or limitation of the CITY's rights or defenses with regard to sovereign immunity, governmental MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 8 of 20 (REV.12-05-16) Page 115 of 600 Docuftn Envidope ID:4A026038-AEM49FO-9947 OB3DE1 B1300 immunity, or other official immunities and protections as provided by the federal and state oonstftubons or by low. Sec. ® Indemnificaflon fbr Professional Negligence. If this contract is for professional services, CONTRACTOR shall indemnify, and hold harmless CITY and any of Its agencies, officials, officers, or empI oyees from and against all claims, damages, liability, losses, costs, and expenses, Including reasonable aftomays' fees, arising out of any negligent acts or omissions in connection with this Contract, caused by CONTRACTOR, Its employees, agents, subcontractors, or caused by others fbr whom CONTRACTOR is liable, in the performance of professional services under this Contract. CONTRACTOR is not obligated under this Section to indemnify CITY for the negligent acts of CITY or any of Its agencies, officials, offloors, or employees. See.20. Insurance. (a) CONTRACTOR shall procure and maintain in effect throughout the term of this Contract Insurance policies with coverage not less than the types and amounts specified In this Section. CONTRACTOR must have: 1 Commercial General Liability Insurance Policy: with limits of $1,000,000 per occurrence and $2,000,000 aggregate, written on an moccurrence' basis. The policy shalI be written or endorsed to include the following provisions: a. Severability of Interests Coverage applying to Additional Insureds b. Contractual Liability c. Per Project Aggregate Liability Limit or, where not available, the aggregate limit shall be $2,000,000. d. No Contractual Liability Limitation Endorsement e. Additional Insured Endorsement, ISO form CG20 10, current edition, or Its equivalent. 2. Workers' Compensation Insurance and Employers Liability Policies as required by Missouri law. 3. Commercial Automobile Liability Insurance Policy: with a limit of $1,000,000 per occurrence, covering owned, hired, and non-owned automobiles. The Policy shall provide coverage on an "any auto" basis and on an "occurrence" basis. This insurance policy will be written on a Commercial Business Auto form, or acceptable equivalent, and will protect against claims arising out of the operation of motor vehicles, as to acts done In connection with the Contract, by CONTRACTOR. 4. If this Contract Is for professional services, CONTRACTOR shall obtain Professional Liability Insurance with limits per claim and annual aggregate of$1,000,000. (b) All insurance policies required in this Section shall provide that the policy will not be canceI ed until after the Insurer provides the CITY ton (10)days written notice of cancellation in the event that the cancellation is for CONTRACTOR's nonpayment of premiums and thirty (30)days written notice of cancellation to CITY 1br all other reasons of cancellation. MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 9 of 20 (REV. 12-05-16) Page 116 of 600 DocuSign Envelope ID:4AO2503B-AE&A-49FMO47-81OB3DEIBBDO (c) The Commercial General and Automobile Liability Insurance Policies specified above shall provide that CITY and Its agencies, agents, officials, offilcers, and employees, while acting within the scope of their authority, will be named as additional Insureds for the services performed under this ® CONTRACTOR shall provide to CITY at execution of this Contract a certificate of Insurance showing all required endorsements and additional insureds. (d) All insurance policies must be provided by Insurance Companies that have an A.M. Bests rating of "A-\r or better, and are licensed or approved by the State of Missouri to provide insurance in Missouri. (e) Regardless of any approval by CITY, CONTRACTOR shall maintain the required insurance coverage in force at all times during the term of this Contract. CONTRACTOR's failure to maintain the required Insurance coverage will not relieve CONTRACTOR of Its contractual obligation to Indemnify the CITY pursuant to this Section of this Contract. In the event CONTRACTOR it to maintain the required insurance coverage in effect, CITY may declare CONTRACTOR In default. (f) In no event shall the language in this Section constitute or be construed as a waiver or limitation of the CITY's rights or defenses with regard to sovereign immunity, governmental immunity, or other official immunities and protections as provided by the federal and state constitutions or by law. See. 21. Interpretation of the Contract. (a) CITY selected CONTRACTOR through a negotiated procurement process rather then an Invitation for Bids (IFB) solicitation. Unlike the IFB, this process allows the CITY and CONTRACTOR to discuss and negotiate a contract at arm's length prior to entering a final contract ti acceptable to both the CITY and the CONTRACTOR. After negotiation and discussion, CONTRACTOR and CITY have lncorporatqd multiple documents into this Agreement and the meaning of some of the words used in the Agreement may be uncertain, incomplete or duplicative and the Agreement may promise something at one place and take that promise away at another. In sum, the Agreement may contain words and provisions that are susceptible of more than one meaning so that reasonable persons of average Intelligence may fairly and honestly differ in their construction of the words and provisions. It is the intent of the CITY and the CONTRACTOR that the CIIY9 taxpayers receive the benefit or advantage In the construction and interpretation of this Agreement, regardless of the normal judicial rules of contract construction even if the construction and interpretation of the Agreement will cost the CONTRACTOR more money and time. CITY and CONTRACTOR agree that CITY's Manager of Procurement Services shall, in cooperation with a representative of supplier, resolve all disagreements as to the meaning of this Agreement or any ambiguity In this Agreement. The decision of Cilys Manager of Procurement shall be final and conclusive if all parties have acted in good faith. (b) CONTRACTOR acknowledges and agrees that the CITY has provided CONTRACTOR with an opportunity to have CONTRACTOR's attorney review and advise CONTRACTOR on the Agreement and any potential ambiguities or areas of disagreement and the potential MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 10 of 20 (REV. 12-05-16) Page 117 of 600 adverse legal consequences of CONTRACTOR agreeing to this SectionI as the Agreement.entire (c) CONTRACTOR certifies that CONTRACTOR has either1) waived Its light to have reviewCONTRACTOR's attorney i consulted with an attorney on this . ( ) CONTRACTOR knowingly and voluntarilythis I , and the entire Agreement. CONTRACTOR certifies that this contract was not procured by fraud, duress or undue Influence. See. 22. Contract Execution. This Contract may be executed in r more counterparts, each of which ill be deemed an original copy of thisI , will parties,constitute one and the some Contract. This Contract shall be effective upon the execution of counterparts by both i that both parties may not sign ' signaturesi ite or by other electronic means shall be proof of the executioni shallContract and law. Pricing.See. 23. Guaranteed Lowest itthis Contract contains CONTRACTOR's lowest and best pricingi , entity,governmental political subdivision, , school districti i in the United States as of the date of thisi less favorable than those currently extended to any other similarlyi , goverrimental entity, political IIIon, city, state, school districtit r, for the same goods, in equal r sailor quantities, I i . See. 24. Assignablilty and Subcontracting. Assignability. I not assigntransfer any part or all of Contractors obligation or Interest l . If Contractor shal I assign obligationstransfer any of its r i prior written approval, it shall constitute a material breach of this Contract. ThisI not contractorprohibit from subcontractingI . ( ) Subcontracting. Contractor shallobligations interests in thisI Identified in a format required by City. obligations interests withoutthis Contract r identified I I breach of this Contract. The utilizationI liContractor responsibilities , and Contractor shall remain responsiblei negligenti i subcontractor's officers, agents and employees. City v t to reject, at any point term of this Contract, any subcontractoridentified workingsubcontractor cease lCitys right shall be exercisable In its sole discretion.and subjective City shall not be obligatedI r payment of any moniesi Include requirementi requirements of thisi performingi . MASTER " FOR PRODUCTS AND SERVICES Page I I of 20 (REV. ) Page 118 of 600 DocuSign Envelope M:4AO25538-AEVAOFO-9947-81003DEI B13130 See. 25. Professional Services — Conflict of Interest Certification. If this Contract is, for professional servI ces other then for medical doctors or appraisers, CONTRACTOR certifies that CONTRACTOR Is not an expert witness for any party In litigation against the CITY at the time of the issuance of this Contract. Sec. 26. Minority and Women's Business Enterprises. (a) CONTRACTOR shall assist City Certified Minority Business Enterprises(MBEs), CRY Certified Woman Business Enterprises(WBEs)and City Certified Small Local Business Enterprises(SLBEs)grow, develop, and prosper in the public sector by implementation of the requirements of this Section. (b) CONTRACTOR shall provide the same U.S. Communities national discounted pricing received by the City to City Certified MBEs, WBEs and SLBEs when City Certified MBEs, WBEs, and SLBEs bid or submit a proposal on City of Kansas City, Missouri Construction or Maintenance Solicitations and other public sector Construction and Maintenance Solicitations to allow City Certified MBEs,WBEs, and SLBEs, to incorporate the same National Discounted U.S. Communities pricing received by the City In their bids and proposals to the City and other public entities and save the taxpayers money. See. 27. Employee Eligibility Verification. CONTRACTOR shall execute and submit an affidavit, in a form proscribed by the CITY, affirming that CONTRACTOR does not knowingly employ any person in connection Wth the contracted services who does not have the legal right or authorization under federal I aw to work in the United States as defined in 8 U.S.C. §1324a(h)(3). CONTRACTOR shall attach to the affidavit documentation sufficient to establish CONTRACTOR's enrollment and participation In an electronic verification of work program operated by the United States Department of Homeland Security to verify information of newly hired employees, under the Immigration and Reform and Control Act of 1986. CONTRACTOR may obtain additional information about E-Verify and enroll at verify.usels.gov/enroll/StartPage.asgx?JS=YES. For those CONTRACTORs enrolled In E-Verify, the first and last pages of the E-Verify Memorandum of Understanding that CONTRACTOR will obtain upon successfully enrolling in the program shall constitute sufficient documentation for purposes of complying with this section. CONTRACTOR shall submit the affidavit and attachments to the CITY prior to execution of the contract, or at any point during the term of the contract if requested by the CITY. Sec. 28. Emergencies. (a) Disaster means any large scale event such as an act of terrorism, fire, wind, flood, earthquake or other natural or man-made calamity which results in, or has the potential to result In a significant lose of life or property. (b) During and after a disaster, CONTRACTOR shall provide special services to the CITY including CONTRACTOR shall open CONTRACTOR's facilities even on nights and weekends as necessary to meet the needs of the City during a disaster. (c) CONTRACTOR shall not charge CITY any fee for opening facilities during an emergency or for extending CONTRACTOR's hours of operation during a disaster. CITY shall pay CONTRACTOR the agreed upon contract prices for all purchases made by CITY during the MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 12 of 20 (REV. 12-0&10) Page 119 of 600 DocuSign EnveWs ID:4AO25638-AEBAAgFg-9947-8iOB3DEIBBDO dI saster and CONTRACTOR shall not charge CITY any additional mark-up, fee or cost fbr any purchases made by CITY during a disaster. (d) CONTRACTOR shall quickly mobilize CONTRACTOR's internal and external resources to assI st CITY when a disaster unfbids. (a) Extended hours and personnel. During disasters, CONTRACTOR's facilities shall stay open 24 hours If requested by the CITY. CONTRACTOR shall utilize additional CONTRACTOR personnel to take CITY orders If necessary. CONTRACTOR's Call Center shall accept phone orders 24 hours a day. (f) CONTRACTOR shall have contingency plans with CONTRACTOR's suppliers to provide additional supplies and equipment quickly to CITY as needed. (g) CONTRACTOR shall cooperate with CITY to properly document any and all expenses incurred by CITY with CONTRACTOR and CONTRACTOR shall assist CITY in meeting any and all documentation requirements of the Federal Emergency Management Agency (FEMA). Sec. 29. Inme of Delivery. Delivery Is required to be made in accordance wfth the schedule shown In the solicitation and purchase order. Sec. 30. F.O.B. Destination. All deliveries of Products shall be F.O.B. Destination and all freight charges are Included in the Purchase Price charged by CONTRACTOR to the CITY. (a) The proposed pricing applies to normally stocked Graybar materials. Discounts offered are based on the Graybar List Price or Cost In ~at time of order. (b) Standard delivery policy provides customers with next day service,free of charge,for materials stocked In the branch and within the standard service area. (c) Orders requiring same-day or expedited next-day service, non-stock items, special order or special handling and materials obtained from other Graybar warehouses or manufacturers, may include shipping or handling charges.Any shipping, handling or other costs will be negotiated at time of order. See. 31. Quality. All Products shall be now, in current production, and the best of their kind. When applicable, parts and maintenance shall be reasonably available. New equipment that is obsolete or technically outdated is not acceptable. Remanufactured or reconditioned items are not considered new. Items shall be properly packaged, packed, labeled, and Identified In accordance with commercial standards acceptabI e to the trade and as required by ICC and other federal and state reguladons. Packing slips will accompany the shipment. Sec. 32. Brand Name or Equal. Whenever the name of the manufacturer or the supplier Is mentioned on the face hereof and the words mor equaln do not follow, it shall be deemed that the words mor equal" shall foI low such designations unless the face hereof specifies "no substitutions". The CITY may assume that items submitted are equal or it may request samples and proof thereof and unless approved before shipment, reserves right to return at the CONTRACTOR'S expense all Items that are not acceptable as MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 13 of 20 (REV. 12-05-16) Page 120 of 600 DocuSign Envelope to - 7W9 0B3DE1 BBDO equals, said Items to be replaced by the CONTRACTOR withthe original submitted price. Sec. 33. Commercial Warranty. The CONTRACTOR agrees that the Products and Services furnished commercialunder this Contract shall be covered by the most favorable warranties gives to any customer forsuch supplies i iprovided addftlon to and do not limit lghts efibrded to the CITY by any other clause of this contract. CONTRACTOR represents that the warrantiesi t less favorable than those currently extended to any other similarly v I entity, politicalsubdivision, , school district or other public , for the some , in equal or less quantities, undersimilar market basket, and similar terms. ® Sellers Invoice. Invoices l in duplicate purchase order. Separate Invoices i . Invoices shall contain following Infiormation: purchase order , item number, description of supplies or services, , unit price,of measure, quarrifty, unit . Acceptance.Sec. 35. Inspection and Inspection and aoceptapos will be at destinationspecified otherwise, and will be made by the CITY department shown in the shipping authorized representative of the CITY. Untillig , and after any rejection, risk of loss ill be on the CONTRACTOR unless loss resultsthe CITY. CONTRACTOR VAII be notified of rejected shipments. I , Items will be returnedfreight collect. Sec. 36. Loss and Damaged Shipments. Risk loss or damage to Rams prior to the timeit receipt and acceptance by the CITY Is upon the ® The CITY has no obligation shipmentsmerchandise though the damage was t apparent or discovered untilf items. ® Late Shipments. CONTRACTOR is ite to notify the CITYreceiving Remo and the Senior Buyer of any late or delayedi t to cancel all or any part of an order If the shipmentIs not made as promised. Sec. 36. Tax Exemption - Federal and State. (a) The CITY Is exempt from Federal Excise and Transportation Chapter , Internal Revenue Code. The federal tax registration . 'Louis ! is No. 43740340K. ( ) The CITY Is exempt from payment of Missouri Sales and Use Tax in Section ( Article , of the Missouri Constitution and Sections exemptionRSMo 1969 and supplement thereto. A copy of the Tax is available See. 39. Annual Appropriation of Funds. (a) Mufti-year term supply and serviceioptions to renew term contracts are subject to I appropriation of funds by the City Council. Payments made consideredunder term contracts and leases are items MASTER CONTRACT FOR PRODUCTS AND SERVICES14 of2 (REV. Page 121 of 600 DocuSign Envelope IM 4AO25&M-AE6A-49FO-M7-81OB3DEIBBDO funded when issued,therefore are current expense items and are not subject to any subsequent appmprlafion of funds. (b) In the event sufficient funds are not appropriated for the payment of lease payments or anticipated term contract payments required to be paid In the next occurring lease or contract term and If no funds are legally available from other sources, the lease or contract may be terminated at the and of the original term or renewal term and the CITY shall not be obligated to make further payments beyond the then current original or renewal term. The CITY will provide notI ce of Its Inability to continue the lease or contract at such time as the Manager of Procurement Services Is aware of the nonappropriation of funds; however, failure to notffy does not renew the term of lease or contract. If a lease Is cancelled, the events of default will occur as described In the lease and/or the section titled TERMINATION FOR DEFAULT. The CITY has no monetary obligations in event of termination or reduction of a term contract since such contracts represent estimated quantities and are not funded as a contract, but only to the extent of purchase orders issued. Sec.40. Performance and Maintenance Bond and Payment Bond. (a) If a Work Order is estimated to exceed $50,000.00 and Is for the erection, construction, alteration, repair or improvement of any building, road, street, public utility or other public facility owned by the public entity as defined by Section 107.170, RSMo, CONTRACTOR shall obtain a performance and maintenance bond and payment bond as required by this Section. The City approved performance and maintenance bond and payment bond are incorporated in this Contract by reference and Contractor shall require Its Surety to issue the performance and maintenance bonds and payment bonds on City approved forms. (b) All Bonds shall be executed by such sureties as am named in the current list of WCompanies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Rainsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A certified copy of such agent's authority to act must accompany all Bonds signed by an agent. If the surety on any Bond furnished by Seller is declared bankrupt or becomes Insolvent, or its right to do business is terminated In any state where any part of the Pmject Is located or it ceases to meet the requirement of the preceding sentence, Seller shall within twenty (20)days thereafter substitute another Bond and surety, both of which must be acceptable to City. (c) The performance and maintenance bond and payment bond shall remain in effect at least one (1)year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. (d) All Bonds required by the Contract Documents to be purchased and maintained by CONTRACTOR shall be obtained from surety that Is duly'lloansed in the State of Missouri and In the jurisdiction in which the Project Is located, If not In Missouri, to Issue Bonds. AJI surety companI es shall hold an A.M. Best rating of B+, V, or better. (e) If the surety on any Bond furnished by Contractor is declared bankrupt or becomes Insolvent, or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirement of Paragraph 5.01 B, Contractor shall within twenty (20) days thereafter substitute another Bond and surety, both of which must be acceptable to City. MASTER CONTRACT FOR PRODUCTS AND SERVICES Page IS of 20 (REV. 1 -16) Page 122 of 600 DocuSign Envelope I :4AO25038-AE&449FO-9947-81083DEIBBDD Sec. 41. Prevailing Wage. A. Prevailing includes work that requires payment of prevailingt forth I ), CONTRACTOR shelf pay workers III i i r the Law,work that meets definitionthe ""Includes construction, reconstruction, Improvement, enlargement, alteration, paintingi ." "Maintenance is not subject to the Low is i , but not the replacement, of existingfacilities size,the t of the existingilii Is increased." with;1. Contractor shall comply and require its Subcontractors to comply a. Sections 10 to 290.340, RSMo the State of Missouri Prevailing , the Prevailing "Rules"); and Order)c. the Annual Wage Order (Wage issued by the State of Missouri's IndustrialLabor and i ; and d. any applicable Annual Incremental Wage Increase (Wage Increase)to the Annual Wage Order. 2. The Law, Rules, Wage Order and any Wage Increase are incorporated into and made part hereof this tr collectively in thisiuPrevailing Wage Requirements." In the event thisis renewed for an additional term, the Wage Order In i ' , as amended by any applicable Wage Increase, shall be deemed incorporated hereinshall remainin effect for the duration applicable Wage Increase shall govern notwithstandingthe fact that the Wage Order being mightreplaced i Ily attached to this Contract. 3. Contractor I pay and require under this Contract not less than the prevailingclass work perfon-ned by the worker In , Rules, Wage Order and any applicable r shall take whatever steps are necessary to insure that the prevailing. l I I workers for Contractor and each of its Subcontractors are paid for the class or type of work performed by the worker i accordance with the Prevailing Requirements. 4. Prior Its Subcontractors beginning Work on the Site, Contractor shall require Subcontractor to I ientitledi ° that sets forth the Subcontractor's prevailing compliance prior to the bid. Contractor shall retain )yearCertifications available to Cityi . shall5. Contractor keep and requireconstruction public works in performance of the Contract to keep full and accurate records on CRYS shall:forms. Contractor ® Keep and require each of Its Subcontractors engaged in the constructionit In performance of the Contract to keep fulli "Daily Labor Force indicating the worker's name, occupati i title or classification group and ill and the workers' hours. City shall furnish blank copies of the Daily MASTER CONTRACT FOR PRODUCTS AND SERVICES16 of 20 (REV. 1' -1 Page 123 of 600 ICS, - - 7 Force Report Form to Contractor for its i . Contractor shall submit its ft Subcontractors Daily day; and b. Submit, and requireits Subcontractors engaged In the construction of public works in performance of the Contract to submit, electronically, in a fbnnat prescribed by Certifiedthe City, ll Report Information indicating , social , , in connection with i r with the number of hours worked by each worker and the actual wages paid in connection requested by the City; and c. Submit, and requirein the constructionpublic works In performance of the Contract to it, electronically, f Certification.the City, a Payroll ll Cartificatlon must be signed supervisesemployee or agent who pays or the Contract for the Contractor and each Subcontractor, The Daily , documents used to compileInformation Payroll , and Payroll Certification are collectivelyIn I 6. Contractor I Inspection any authorized representatives of City and the Missouri Department of Labor and Industrial Relations t any reasonable time shall not be destroyed or removed from the State of Missouri r followingthe public work In connection . Contractor its and its Subcontractors Certified Payroll Certifications itCity electronically discretion. In addition, all Records shall be consideredpublic providerecord and Contractor shall the Records to the City In the format required by the City within iCity, in its sole discretion, may require Contractor'srequested the Record at . 7. Contractor shall t and keep posted a clearly legiblelprevailing hourly wage rates to be paid to all workers employed by Contractor and each of Its Subcontractors in the performance of thist In a prominent and easilyiplace at the Site of the Work by all workers. 8. If the Contract Price exceeds $250,000.00, Contractor shall and shall require each Subcontractor engaged in any construction of public works to have Its name, acceptable abbreviationimailing address of the principal imotorized pieceI Is in connection with the Project duringtime Contractor or Subcontractor Is ign shall be legible distancer the letteringa Inches. In cases where equipment is leased or where affixingi i t is impractical, the Contractorsign, requiredi t the main entrance of the Project In I I requiredinformation ipment so long as such sign Is not In violation federal statute, rule or regulation. it i similar MASTER CONTRACT Vii Page 17 of 20 (REV. 1 -1 Page 124 of 600 ID- P 71 OB3DEI BBDO Information ! regulatory exemptfederal government are from the provisionsi 1 . 9. Contractor in Contractor's or any Subcontractors' Records, or Subcontractors'Contractor's or any violations any Wage Increase II r notice from City. 10. Contractor shall and I require RelationsDepartment of Labor and Industrial In I , Rules, Annual Wage Order and any Wage Increase. Contractor Irequire permitSubcontractors to i t of Labor and Industrial Relations to Interview ll workers during workingt Contractor's sole cost and expense. 1.Contractor shallf City, upon completion therefore, affidevits-from Contractor and each of Its t fullyied with the provisions and requirements 'r v ili . City shall t make, final payment until the affidavits, in proper form and order, from Contractor and each of It a Subcontractors, are flied . i2.Contractor I forfeit as a statutorythe City one hundred dollars each worker employed, for each calendar day, r portion thereof, such worker is paid less then the prevailing hourly ratesi , by Contractorr by Subcontractors.any of Contractoed If Contractor or any of Its Subcontractors have violated any section(s)of 290.210 to 290.340, , In the course of the execution of the Contract, City shall when making payments to the Contractor becoming due under this , withholdi sectionsviolation of . B. Prevailing Wage Damages. Contractort, based on the violationsexperience of City, issouri Prevailing Wage Act, whether by Contractor or its additionalSubcontractors, commonly result In t additional costs to City for any particular it ion are difficult to establishinclude but are not limited constructionto: costs of , additional work for City, additional Interest expenses, investigations, and the cost of establi i ii it division workingthe City Manager to monitor prevailingcompliance. 1. In the event of the failure by Contractorr any of its Subcontractors to pay wages as provided In the Missouri Prevailing Wage Act, City shall be entitled Contract i liquidated , ($100.00) per day. per worker who is paidprevailing approximate additional costs. The sum shall be deducted, paid or owed whether or not the Contract Times i . 2. City shall give written notice to Contractor underpaid, the amount of the statutory penalty and the amount of the liquidated provided whichity upon written request. If Contractor falls respond within the specified , the City'soriginal i f Contractor i idecision writing within f completing investigation. MASTER CONTRACT FOR PRODUCTS AND VICES Page 18 of 20 (REV.1 Page 125 of 600 DocuBWn Envelope ID:4AO25038-AEOA-40FO-9947 083DEI BBDO C. Excessive Unemployment. 1. Resident Laborere means laborers who have been residents of the State of Missouri for at I east thirty days and who intend to remain Missouri residents, and residents of Nonrestrictive States. 2. "Nonrestrictive States"' means states identified by the Missouri Department of Labor and Industrial Relations Division of Labor Standards that have not enacted state laws restricting Missouri laborers from working on public works projects. A list of Nonrestrictive States can be found on the Division web site at b#2.1&Mw.dolir.mo.gov/18/index.htm. 3. A period of Excessive Unemployment is declared when the Missouri Department of Labor and Industrial Relations Division of Labor Standards provides notice of such declaration. When in effect, notice will be provided on the Division web site at hftg)://www.dolir.mo.nov/ls/indox.htm. It is Contractoes obligation to determine whether a period of Excessive Unemployment is in effect when this Contract Is let. 4. Contractor agrees to follow the provisions of Section.290.560 - t t that If a period of Excessive Unemployment has beeri declared at any point during the term of this Contract, it will employ and require all Subcontractors of whatever tier to employ only Resident Laborers for the Work to be performed under this Contract. Provided, however, Contractor may use laborers who are not Resident Laborers when Resident Laborers are not available or are incapable of performing the particular type:of work,involved if Contractor so certifies in writing to City and City Issues a written approval.'This provision does not apply to regularly employed nonresident executive, supervisory or technical employees. Sec. 42. Workforce. If Contractor is required to pay prevailing wages for the work.parlbrrhod pursuant to this Contract, Contractor agrees to comply with all requirements of City's Construction Employment Program as enacted in City's Code, Sections 3-501 through 3-525 and as hereinafter amended. Contractor shall meet or exceed the construction employment goals unless the same shall have been waI ved in the manner provided by law. Contractor's compliance with this provision is a material part of this Contract. Contractor shall comply with City's Workforce Program Reporting System requirements. Contractor shall use City's Internet web based Workforce Program Reporting System provided by'City and protocols Included in that software during the term of this Contract. Contractor shall maintain user applications to City's provided system for all applicable personnel and shall require subcontractors to maintain applications. MASTER CONTRACT FOR PRODUCT'S AND SERVICES Page 19 of 20 (REV. 12-05-16) Page 126 of 600 DocuSignI :4AO25OW-AEOA-49F9-g947-81083DEIBBDO CONTRACTOR I hereby certify that p have the authority to execute this document on behalf of CONTRACTOR. CoGraybar Electric Company, Inc. 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ELECTRICAL SUPPLIES SCHNEIDER/SQUARE D - DISCOUNT SCHEDULE Column Supplier description Column discount SCHNEIDER/SQUARE D CAT 00003 QO 1,2 POLE GFI CB 30A MAX LIST 57 SCHNEIDER/SQUARE D CAT 00004 QO,QOT 10-30A 1P;10-60A 2P LIST 57 SCHNEIDER/SQUARE D CAT 00005 QO, Q2L 2P ENCL& BREAKERS LIST 57 SCHNEIDER/SQUARE D CAT 00012 QO 3 POLE CIRCUIT BREAKER LIST 57 SCHNEIDER/SQUARE D CAT 00013 NQO/NQOB PANELS RTA LIST 60 SCHNEIDER/SQUARE D CAT 00015 QOB CIRCUIT BRKR LIST 54 SCHNEIDER/SQUARE D CAT 00016 I-LINE PB RTA LIST 60 SCHNEIDER/SQUARE D CAT 00019 EH, EHB CIRCUIT BKR LIST 54 SCHNEIDER/SQUARE D CAT 00023 QO, Q2L 3P ENCL& BREAKERS LIST 57 SCHNEIDER/SQUARE D CAT 00024 Q2 & QE METERING BREAKERS LIST 57 SCHNEIDER/SQUARE D CAT 00036 QMB INTERIORS& FRONTS LIST 60 SCHNEIDER/SQUARE D CAT 00037 QMB BRANCH CB, SW, & MAIN SW LIST 60 SCHNEIDER/SQUARE D CAT 00038 NQOD PANELS RTA LIST 60 SCHNEIDER/SQUARE D CAT 00044 A/C DISC& PULL-OUTS LIST 66 SCHNEIDER/SQUARE D CAT 00047 LIST 57 SCHNEIDER/SQUARE D CAT 00067 MISCELLANEOUS AC DISCONNECTS LIST 57 SCHNEIDER/SQUARE D CAT 00080 QO SPECIALTY CB, 1&2 POLE LIST 57 SCHNEIDER/SQUARE D CAT 00081 QO SPEC CB 3 POLE LIST 57 SCHNEIDER/SQUARE D CAT 00082 QO BREAKERS 150-200A LIST 57 SCHNEIDER/SQUARE D CAT 00083 QO BREAKERS 150-200 VH LIST 57 SCHNEIDER/SQUARE D CAT 00103 QO 2 POLE GFI CB 40-60A LIST 57 SCHNEIDER/SQUARE D CAT 00104 QO 35-70A 1P;70-125A 2P CB LIST 57 SCHNEIDER/SQUARE D CAT 00110 RTA PB BOX-SPL,3R,ETC. LIST 60 SCHNEIDER/SQUARE D CAT 00163 LIST 54 SCHNEIDER/SQUARE D CAT 00164 DE2A MISC LIST 57 SCHNEIDER/SQUARE D CAT 00187 Q2M REPL MAIN CB LIST 57 SCHNEIDER/SQUARE D CAT 00900 QOU BREAKERS& SWITCH LIST 54 SCHNEIDER/SQUARE D CAT 00901 FAL240V BRKR/SWI LIST 54 SCHNEIDER/SQUARE D CAT 00902 FAL480V BRKR/SWI LIST 54 SCHNEIDER/SQUARE D CAT 00903 FAL/FHL 600V LIST 54 SCHNEIDER/SQUARE D CAT 00906 GJL ACCESSORIES LIST 54 SCHNEIDER/SQUARE D CAT 00907 MULT19 UL MOUNTING BASE LIST 54 SCHNEIDER/SQUARE D CAT 00908 C60N SUPP PROTECTORS LIST 66 SCHNEIDER/SQUARE D CAT 00910 QO-EPD,QOB-EPD BRKRS LIST 57 SCHNEIDER/SQUARE D CAT 00911 Q1L BREAKERS LIST 54 SCHNEIDER/SQUARE D CAT 00912 POWERLINK BREAKERS LIST 44 Page 163 of 600 SCHNEIDER/SQUARE D CAT 00914 LIST 54 SCHNEIDER/SQUARE D CAT 00915 C60N MINIATURE CB-UL489 LIST 66 SCHNEIDER/SQUARE D CAT 00916 GROUND FAULT EQU LIST 54 SCHNEIDER/SQUARE D CAT 00917 POWERLINK CONTROL SYSTEMS LIST 44 SCHNEIDER/SQUARE D CAT 00919 NC100 SUPP PROTECTORS LIST 54 SCHNEIDER/SQUARE D CAT 00922 IEC UNIT MTG MCCB &ACCESS LIST 54 SCHNEIDER/SQUARE D CAT 00923 IEC I-LINE MCCBS LIST 54 SCHNEIDER/SQUARE D CAT 00924 GJL THERM-MAG AND MAG-GARD LIST 54 SCHNEIDER/SQUARE D CAT 00926 QO IND SPECIALTY CB LIST 57 SCHNEIDER/SQUARE D CAT 00927 IND SPECIALTY CB LIST 57 SCHNEIDER/SQUARE D CAT 00928 LIST 54 SCHNEIDER/SQUARE D CAT 00930 LIST 54 SCHNEIDER/SQUARE D CAT 00931 EDB CIRCUIT BRKR LIST 54 SCHNEIDER/SQUARE D CAT 00932 FD,FG,FJ BREAKERS(OBS) LIST 54 SCHNEIDER/SQUARE D CAT 00933 Q4L BREAKER& SW LIST 54 SCHNEIDER/SQUARE D CAT 00934 KDL,KGL,KJL BRKR& SWITCH LIST 54 SCHNEIDER/SQUARE D CAT 00935 LAL/LHL BRKR, SW, MAG-GARD LIST 54 SCHNEIDER/SQUARE D CAT 00936 EGB CIRCUIT BRKR LIST 54 SCHNEIDER/SQUARE D CAT 00937 EJB CIRCUIT BRKR LIST 54 SCHNEIDER/SQUARE D CAT 00938 LIST 54 SCHNEIDER/SQUARE D CAT 00939 GRP DE2 LIST 54 SCHNEIDER/SQUARE D CAT 00940 LIST 54 SCHNEIDER/SQUARE D CAT 00941 LIL CIRCUIT BREAKER LIST 54 SCHNEIDER/SQUARE D CAT 00942 LIST 54 SCHNEIDER/SQUARE D CAT 00943 LIST 54 SCHNEIDER/SQUARE D CAT 00944 LIST 54 SCHNEIDER/SQUARE D CAT 00946 EDB-EPD BREAKERS LIST 54 SCHNEIDER/SQUARE D CAT 00985 FIA FOR ALL BRKR LIST 54 SCHNEIDER/SQUARE D CAT 00990 L/M/N/P RATING PLUGS& CT LIST 54 SCHNEIDER/SQUARE D CAT 00991 LIST 54 SCHNEIDER/SQUARE D CAT 00992 UL VIGIREX GFR& SENSOR LIST 54 SCHNEIDER/SQUARE D CAT 01000 FA 240V BRKR/SW LIST 54 SCHNEIDER/SQUARE D CAT 01005 FA 480V BRKR/SW LIST 54 SCHNEIDER/SQUARE D CAT 01007 FY CIRCUIT BRKR LIST 54 SCHNEIDER/SQUARE D CAT 01010 FA/FH 600V LIST 54 SCHNEIDER/SQUARE D CAT 01020 FI CIRCUIT BRKR LIST 54 SCHNEIDER/SQUARE D CAT 01023 Q2 BREAKER& SWITCH LIST 54 SCHNEIDER/SQUARE D CAT 01035 KI CIRCUIT BRKR LIST 54 SCHNEIDER/SQUARE D CAT 01038 Q4 BREAKER& SW LIST 54 SCHNEIDER/SQUARE D CAT 01040 LA/LH BRK,SW,MAG-GARD LIST 54 SCHNEIDER/SQUARE D CAT 01041 LA/LAL OEM BREAKER LIST 54 SCHNEIDER/SQUARE D CAT 01042 LIST 54 SCHNEIDER/SQUARE D CAT 01043 LXI 250, 400, 600 A. FRAME LIST 54 SCHNEIDER/SQUARE D CAT 01044 LC 600V CIR BRK LIST 54 SCHNEIDER/SQUARE D CAT 01045 LIST 54 SCHNEIDER/SQUARE D CAT 01046 LI CIRCUIT BRKR LIST 54 SCHNEIDER/SQUARE D CAT 01047 LX250,400,600A FRAME LIST 54 Page 164 of 600 SCHNEIDER/SQUARE D CAT 01048 LE 250,400 FRAME LIST 54 SCHNEIDER/SQUARE D CAT 01049 LE 600 AMP FRAME LIST 54 SCHNEIDER/SQUARE D CAT 01078 DE2 MISC LIST 54 SCHNEIDER/SQUARE D CAT 01080 LIST 57 SCHNEIDER/SQUARE D CAT 01084 C4/C5 COMPONENT PARTS LIST 54 SCHNEIDER/SQUARE D CAT 01090 CE,CF&CJ COMPACT C UL BRKR/SW LIST 54 SCHNEIDER/SQUARE D CAT 01091 MOLDED CASE C B LIST 54 SCHNEIDER/SQUARE D CAT 01092 CM COMPACT C UL BRKR/SW LIST 54 SCHNEIDER/SQUARE D CAT 01093 C101-630 COMPACT CIEC BRKR/SW LIST 54 SCHNEIDER/SQUARE D CAT 01094 C801-1251 COMPACT IEC BRKR/SW LIST 54 SCHNEIDER/SQUARE D CAT 01095 LIST 54 SCHNEIDER/SQUARE D CAT 01096 COMPACT C UL/IEC CB ACCESSORIES LIST 54 SCHNEIDER/SQUARE D CAT 01098 NF COMPACT NS LIST 54 SCHNEIDER/SQUARE D CAT 01099 NJ COMPACT NS UL BRKR/SW/MCP LIST 54 SCHNEIDER/SQUARE D CAT 01100 LIST 54 SCHNEIDER/SQUARE D CAT 01101 NF E COMPACT NS IEC BRKR/SW/MCP LIST 54 SCHNEIDER/SQUARE D CAT 01102 NJ E COMPACT LIST 54 SCHNEIDER/SQUARE D CAT 01103 H,J,COMPACT NS UL/IEC CB ACCESS LIST 54 SCHNEIDER/SQUARE D CAT 01110 HD,JD UNIT MT BREAKER/SWITCH LIST 69 SCHNEIDER/SQUARE D CAT 01112 HD,JD I-LINE BRKR/SWITCH LIST 54 SCHNEIDER/SQUARE D CAT 01115 HG,HJ,JG,JJ UNIT MT BREAKER/SWT LIST 66 SCHNEIDER/SQUARE D CAT 01117 HG,HJ,JG,JJ I-LINE BRKR/SW LIST 54 SCHNEIDER/SQUARE D CAT 01120 HL,JL UNIT MT BRKR/SWITCH LIST 54 SCHNEIDER/SQUARE D CAT 01122 HL,JL I-LINE BRKR/SWITCH LIST 54 SCHNEIDER/SQUARE D CAT 01125 HJ,JJ UNT MNT MTR CIR PROTECTR LIST 60 SCHNEIDER/SQUARE D CAT 01126 H&J MCP I-LINE LIST 54 SCHNEIDER/SQUARE D CAT 01127 HL,JL UNT MNT MTR CIR PROTECTOR LIST 54 SCHNEIDER/SQUARE D CAT 01200 MG,MJ I-LINE BREAKER LIST 54 SCHNEIDER/SQUARE D CAT 01205 MG, MJ UNIT MOUNT BREAKER LIST 54 SCHNEIDER/SQUARE D CAT 01210 PG,H,J,K,L,N I-LINE BREAKERS LIST 54 SCHNEIDER/SQUARE D CAT 01215 PG,H,J,K,L,N UNIT MT BRKRS LIST 54 SCHNEIDER/SQUARE D CAT 01220 PG,H,J,K,L,N DRAW OUT BREAKERS LIST 54 SCHNEIDER/SQUARE D CAT 01225 LIST 54 SCHNEIDER/SQUARE D CAT 01240 RG,H,J,K,L,N I-LINE BREAKERS LIST 54 SCHNEIDER/SQUARE D CAT 01245 RG, H,J, L, N UNIT MT BRKRS LIST 54 SCHNEIDER/SQUARE D CAT 01250 M, P, R FRAME ACCESSORIES ONLY LIST 54 SCHNEIDER/SQUARE D CAT 06277 LIST 57 SCHNEIDER/SQUARE D CAT 06278 LIST 57 SCHNEIDER/SQUARE D CAT 06282 LIST 57 SCHNEIDER/SQUARE D CAT 06303 QO ARC FAULT CB LIST 66 SCHNEIDER/SQUARE D CAT 07939 LIST 39 SCHNEIDER/SQUARE D CAT 07941 LIST 39 SCHNEIDER/SQUARE D CAT 07946 LIST 39 SCHNEIDER/SQUARE D CAT 07947 MISCELLANEOUS PARTS LIST 35 SCHNEIDER/SQUARE D CAT 07969 RTA N1 PB BOX-STD LIST 60 SCHNEIDER/SQUARE D CAT 07970 LIST 66 SCHNEIDER/SQUARE D CAT 08056 LIST 57 Page 165 of 600 SCHNEIDER/SQUARE D CAT 08058 LIST 57 SCHNEIDER/SQUARE D CAT 08059 LIST 57 SCHNEIDER/SQUARE D CAT 08060 LIST 57 SCHNEIDER/SQUARE D CAT 08061 LIST 57 SCHNEIDER/SQUARE D CAT 08062 LIST 57 SCHNEIDER/SQUARE D CAT 08064 LIST 57 SCHNEIDER/SQUARE D CAT 08066 LIST 57 SCHNEIDER/SQUARE D CAT 08067 LIST 57 SCHNEIDER/SQUARE D CAT 08068 LIST 57 SCHNEIDER/SQUARE D CAT 08069 LIST 57 SCHNEIDER/SQUARE D CAT 08070 LIST 57 SCHNEIDER/SQUARE D CAT 08071 LIST 57 SCHNEIDER/SQUARE D CAT 08072 LIST 57 SCHNEIDER/SQUARE D CAT 08077 LIST 57 SCHNEIDER/SQUARE D CAT 08078 LIST 57 SCHNEIDER/SQUARE D CAT 08079 IPC2 W/XFMRS LIST 57 SCHNEIDER/SQUARE D CAT 08080 LIST 57 SCHNEIDER/SQUARE D CAT 08081 LIST 57 SCHNEIDER/SQUARE D CAT 08082 LIST 57 SCHNEIDER/SQUARE D CAT 08083 LIST 57 SCHNEIDER/SQUARE D CAT 08211 LIST 60 SCHNEIDER/SQUARE D CAT 08212 LIST 60 SCHNEIDER/SQUARE D CAT 08213 LIST 60 SCHNEIDER/SQUARE D CAT 08214 LIST 60 SCHNEIDER/SQUARE D CAT 08216 LIST 60 SCHNEIDER/SQUARE D CAT 08217 LIST 60 SCHNEIDER/SQUARE D CAT 08218 LIST 60 SCHNEIDER/SQUARE D CAT 08219 LIST 60 SCHNEIDER/SQUARE D CAT 08220 LIST 60 SCHNEIDER/SQUARE D CAT 08222 LIST 60 SCHNEIDER/SQUARE D CAT 08229 LIST 60 SCHNEIDER/SQUARE D CAT 08230 LIST 60 SCHNEIDER/SQUARE D CAT 08231 LIST 60 SCHNEIDER/SQUARE D CAT 08232 I-LINE MB PNL F/A LIST 60 SCHNEIDER/SQUARE D CAT 08233 LIST 60 SCHNEIDER/SQUARE D CAT 08234 LIST 60 SCHNEIDER/SQUARE D CAT 08235 LIST 60 SCHNEIDER/SQUARE D CAT 08236 LIST 60 SCHNEIDER/SQUARE D CAT 08237 LIST 60 SCHNEIDER/SQUARE D CAT 08238 LIST 60 SCHNEIDER/SQUARE D CAT 08239 LIST 60 SCHNEIDER/SQUARE D CAT 08243 LIST 60 SCHNEIDER/SQUARE D CAT 08244 LIST 60 SCHNEIDER/SQUARE D CAT 08245 NF RTA COLUMN WIDTH LIST 60 SCHNEIDER/SQUARE D CAT 08246 LIST 60 SCHNEIDER/SQUARE D CAT 08247 LIST 60 SCHNEIDER/SQUARE D CAT 08249 LIST 60 Page 166 of 600 SCHNEIDER/SQUARE D CAT 08250 TVSS UNIT LIST 57 SCHNEIDER/SQUARE D CAT 08251 TVSS UNIT LIST 57 SCHNEIDER/SQUARE D CAT 08253 LIST 57 SCHNEIDER/SQUARE D CAT 08254 LIST 57 SCHNEIDER/SQUARE D CAT 08257 LIST 60 SCHNEIDER/SQUARE D CAT 08258 LIST 60 SCHNEIDER/SQUARE D CAT 08259 LIST 60 SCHNEIDER/SQUARE D CAT 08260 LIST 60 SCHNEIDER/SQUARE D CAT 08261 LIST 60 SCHNEIDER/SQUARE D CAT 08262 LIST 60 SCHNEIDER/SQUARE D CAT 08263 LIST 60 SCHNEIDER/SQUARE D CAT 08264 LIST 66 SCHNEIDER/SQUARE D CAT 08265 LIST 60 SCHNEIDER/SQUARE D CAT 08266 LIST 60 SCHNEIDER/SQUARE D CAT 08267 LIST 66 SCHNEIDER/SQUARE D CAT 08268 LIST 60 SCHNEIDER/SQUARE D CAT 08269 LIST 60 SCHNEIDER/SQUARE D CAT 08270 LIST 66 SCHNEIDER/SQUARE D CAT 08271 LIST 60 SCHNEIDER/SQUARE D CAT 08272 LIST 60 SCHNEIDER/SQUARE D CAT 08273 LIST 60 SCHNEIDER/SQUARE D CAT 08274 LIST 60 SCHNEIDER/SQUARE D CAT 08275 LIST 60 SCHNEIDER/SQUARE D CAT 08276 LIST 60 SCHNEIDER/SQUARE D CAT 08277 LIST 60 SCHNEIDER/SQUARE D CAT 08279 LIST 66 SCHNEIDER/SQUARE D CAT 08283 LIST 60 SCHNEIDER/SQUARE D CAT 08297 LIST 60 SCHNEIDER/SQUARE D CAT 08298 LIST 60 SCHNEIDER/SQUARE D CAT 08299 LIST 60 SCHNEIDER/SQUARE D CAT 08300 LIST 69 SCHNEIDER/SQUARE D CAT 08301 LIST 60 SCHNEIDER/SQUARE D CAT 08302 LIST 60 SCHNEIDER/SQUARE D CAT 08313 LIST 60 SCHNEIDER/SQUARE D CAT 08314 LIST 60 SCHNEIDER/SQUARE D CAT 08315 LIST 60 SCHNEIDER/SQUARE D CAT 08316 LIST 60 SCHNEIDER/SQUARE D CAT 08317 LIST 60 SCHNEIDER/SQUARE D CAT 08318 LIST 60 SCHNEIDER/SQUARE D CAT 08319 LIST 60 SCHNEIDER/SQUARE D CAT 08320 LIST 60 SCHNEIDER/SQUARE D CAT 08321 PE1A NQOD NL ML LIST 60 SCHNEIDER/SQUARE D CAT 08322 NQOD NL MB RTA LIST 60 SCHNEIDER/SQUARE D CAT 08323 LIST 60 SCHNEIDER/SQUARE D CAT 08324 LIST 60 SCHNEIDER/SQUARE D CAT 08325 LIST 60 SCHNEIDER/SQUARE D CAT 08326 LIST 60 Page 167 of 600 SCHNEIDER/SQUARE D CAT 08327 LIST 60 SCHNEIDER/SQUARE D CAT 08328 LIST 60 SCHNEIDER/SQUARE D CAT 08329 LIST 60 SCHNEIDER/SQUARE D CAT 08330 LIST 60 SCHNEIDER/SQUARE D CAT 08331 LIST 60 SCHNEIDER/SQUARE D CAT 08339 LIST 60 SCHNEIDER/SQUARE D CAT 08340 LIST 60 SCHNEIDER/SQUARE D CAT 08341 LIST 60 SCHNEIDER/SQUARE D CAT 08342 LIST 60 SCHNEIDER/SQUARE D CAT 08343 LIST 60 SCHNEIDER/SQUARE D CAT 08344 LIST 60 SCHNEIDER/SQUARE D CAT 08345 LIST 60 SCHNEIDER/SQUARE D CAT 08346 LIST 60 SCHNEIDER/SQUARE D CAT 08347 LIST 60 SCHNEIDER/SQUARE D CAT 08348 LIST 60 SCHNEIDER/SQUARE D CAT 08349 LIST 60 SCHNEIDER/SQUARE D CAT 08350 NF MLO INTERIOR RTA LIST 60 SCHNEIDER/SQUARE D CAT 08351 NF MB INTERIOR RTA LIST 60 SCHNEIDER/SQUARE D CAT 08352 NF/NQTRIMS RTA LIST 60 SCHNEIDER/SQUARE D CAT 08353 NF NL MLO INTERIOR RTA LIST 60 SCHNEIDER/SQUARE D CAT 08354 NF NL MB INT RTA LIST 60 SCHNEIDER/SQUARE D CAT 08355 LIST 60 SCHNEIDER/SQUARE D CAT 08356 LIST 60 SCHNEIDER/SQUARE D CAT 08357 LIST 60 SCHNEIDER/SQUARE D CAT 08358 LIST 60 SCHNEIDER/SQUARE D CAT 08360 LIST 60 SCHNEIDER/SQUARE D CAT 08361 LIST 60 SCHNEIDER/SQUARE D CAT 08362 LIST 60 SCHNEIDER/SQUARE D CAT 08363 LIST 60 SCHNEIDER/SQUARE D CAT 08364 LIST 60 SCHNEIDER/SQUARE D CAT 08365 LIST 60 SCHNEIDER/SQUARE D CAT 08366 LIST 60 SCHNEIDER/SQUARE D CAT 08367 LIST 60 SCHNEIDER/SQUARE D CAT 08368 LIST 60 SCHNEIDER/SQUARE D CAT 08369 LIST 60 SCHNEIDER/SQUARE D CAT 08370 LIST 60 SCHNEIDER/SQUARE D CAT 08371 LIST 60 SCHNEIDER/SQUARE D CAT 08372 LIST 60 SCHNEIDER/SQUARE D CAT 08373 LIST 60 SCHNEIDER/SQUARE D CAT 08374 LIST 60 SCHNEIDER/SQUARE D CAT 08375 LIST 60 SCHNEIDER/SQUARE D CAT 08376 LIST 60 SCHNEIDER/SQUARE D CAT 08377 LIST 60 SCHNEIDER/SQUARE D CAT 08378 LIST 60 SCHNEIDER/SQUARE D CAT 08379 LIST 60 SCHNEIDER/SQUARE D CAT 08380 LIST 60 SCHNEIDER/SQUARE D CAT 08381 LIST 60 Page 168 of 600 SCHNEIDER/SQUARE D CAT 08382 LIST 60 SCHNEIDER/SQUARE D CAT 08383 LIST 60 SCHNEIDER/SQUARE D CAT 08384 LIST 39 SCHNEIDER/SQUARE D CAT 08385 LIST 39 SCHNEIDER/SQUARE D CAT 08386 LIST 39 SCHNEIDER/SQUARE D CAT 08387 LIST 39 SCHNEIDER/SQUARE D CAT 08388 LIST 39 SCHNEIDER/SQUARE D CAT 08389 LIST 39 SCHNEIDER/SQUARE D CAT 08390 LIST 39 SCHNEIDER/SQUARE D CAT 08391 LIST 39 SCHNEIDER/SQUARE D CAT 08392 LIST 39 SCHNEIDER/SQUARE D CAT 08393 LIST 39 SCHNEIDER/SQUARE D CAT 08394 LIST 39 SCHNEIDER/SQUARE D CAT 08395 LIST 39 SCHNEIDER/SQUARE D CAT 08396 LIST 39 SCHNEIDER/SQUARE D CAT 08397 LIST 39 SCHNEIDER/SQUARE D CAT 08398 LIST 39 SCHNEIDER/SQUARE D CAT 08399 LIST 39 SCHNEIDER/SQUARE D CAT 08400 LIST 39 SCHNEIDER/SQUARE D CAT 08401 LIST 39 SCHNEIDER/SQUARE D CAT 08402 LIST 39 SCHNEIDER/SQUARE D CAT 08403 LIST 39 SCHNEIDER/SQUARE D CAT 08404 LIST 39 SCHNEIDER/SQUARE D CAT 08405 LIST 39 SCHNEIDER/SQUARE D CAT 08406 LIST 39 SCHNEIDER/SQUARE D CAT 08408 LIST 39 SCHNEIDER/SQUARE D CAT 08409 LIST 39 SCHNEIDER/SQUARE D CAT 08410 LIST 39 SCHNEIDER/SQUARE D CAT 08411 LIST 39 SCHNEIDER/SQUARE D CAT 08412 LIST 39 SCHNEIDER/SQUARE D CAT 08414 LIST 39 SCHNEIDER/SQUARE D CAT 08415 LIST 39 SCHNEIDER/SQUARE D CAT 08417 LIST 39 SCHNEIDER/SQUARE D CAT 08418 LIST 39 SCHNEIDER/SQUARE D CAT 08419 LIST 39 SCHNEIDER/SQUARE D CAT 08420 LIST 39 SCHNEIDER/SQUARE D CAT 08421 LIST 39 SCHNEIDER/SQUARE D CAT 08423 LIST 39 SCHNEIDER/SQUARE D CAT 08424 LIST 39 SCHNEIDER/SQUARE D CAT 08426 LIST 39 SCHNEIDER/SQUARE D CAT 08427 LIST 39 SCHNEIDER/SQUARE D CAT 08429 LIST 39 SCHNEIDER/SQUARE D CAT 08430 LIST 39 SCHNEIDER/SQUARE D CAT 08432 LIST 39 SCHNEIDER/SQUARE D CAT 08433 LIST 39 SCHNEIDER/SQUARE D CAT 08435 LIST 39 SCHNEIDER/SQUARE D CAT 08436 LIST 39 Page 169 of 600 SCHNEIDER/SQUARE D CAT 08441 LIST 60 SCHNEIDER/SQUARE D CAT 08442 LIST 60 SCHNEIDER/SQUARE D CAT 08444 LIST 60 SCHNEIDER/SQUARE D CAT 08445 LIST 60 SCHNEIDER/SQUARE D CAT 08446 QMB NOTEPAD ENTRY LIST 60 SCHNEIDER/SQUARE D CAT 08450 LIST 60 SCHNEIDER/SQUARE D CAT 08891 LIST 39 SCHNEIDER/SQUARE D CAT 08892 LIST 39 SCHNEIDER/SQUARE D CAT 08893 LIST 39 SCHNEIDER/SQUARE D CAT 08894 LIST 39 SCHNEIDER/SQUARE D CAT 08895 LIST 39 SCHNEIDER/SQUARE D CAT 08896 LIST 39 SCHNEIDER/SQUARE D CAT 08897 LIST 39 SCHNEIDER/SQUARE D CAT 08898 LIST 39 SCHNEIDER/SQUARE D CAT 08940 LIST 39 SCHNEIDER/SQUARE D CAT 08941 LIST 39 SCHNEIDER/SQUARE D CAT 08942 LIST 39 SCHNEIDER/SQUARE D CAT 08943 LIST 39 SCHNEIDER/SQUARE D CAT 08944 LIST 39 SCHNEIDER/SQUARE D CAT 08945 LIST 39 SCHNEIDER/SQUARE D CAT 08946 LIST 39 SCHNEIDER/SQUARE D CAT 08947 LIST 39 SCHNEIDER/SQUARE D CAT 08948 LIST 39 SCHNEIDER/SQUARE D CAT 08949 LIST 39 SCHNEIDER/SQUARE D CAT 08950 LIST 39 SCHNEIDER/SQUARE D CAT 08951 LIST 39 SCHNEIDER/SQUARE D CAT 08952 LIST 39 SCHNEIDER/SQUARE D CAT 08953 LIST 39 SCHNEIDER/SQUARE D CAT 08954 LIST 39 SCHNEIDER/SQUARE D CAT 08955 LIST 39 SCHNEIDER/SQUARE D CAT 08956 LIST 39 SCHNEIDER/SQUARE D CAT 08957 LIST 39 SCHNEIDER/SQUARE D CAT 08958 LIST 39 SCHNEIDER/SQUARE D CAT 08959 LIST 39 SCHNEIDER/SQUARE D CAT 08960 LIST 39 SCHNEIDER/SQUARE D CAT 08961 LIST 39 SCHNEIDER/SQUARE D CAT 08962 LIST 39 SCHNEIDER/SQUARE D CAT 08963 LIST 39 SCHNEIDER/SQUARE D CAT 08964 LIST 39 SCHNEIDER/SQUARE D CAT 08965 LIST 39 SCHNEIDER/SQUARE D CAT 08966 LIST 39 SCHNEIDER/SQUARE D CAT 08967 LIST 39 SCHNEIDER/SQUARE D CAT 08968 LIST 39 SCHNEIDER/SQUARE D CAT 08969 LIST 39 SCHNEIDER/SQUARE D CAT 08970 LIST 39 SCHNEIDER/SQUARE D CAT 08971 LIST 39 SCHNEIDER/SQUARE D CAT 08972 LIST 39 Page 170 of 600 SCHNEIDER/SQUARE D CAT 08973 LIST 39 SCHNEIDER/SQUARE D CAT 08974 LIST 39 SCHNEIDER/SQUARE D CAT 08975 LIST 39 SCHNEIDER/SQUARE D CAT 08976 LIST 39 SCHNEIDER/SQUARE D CAT 08977 LIST 39 SCHNEIDER/SQUARE D CAT 08978 LIST 39 SCHNEIDER/SQUARE D CAT 08979 LIST 39 SCHNEIDER/SQUARE D CAT 08983 LIST 39 SCHNEIDER/SQUARE D CAT 08984 LIST 39 SCHNEIDER/SQUARE D CAT 08985 LIST 39 SCHNEIDER/SQUARE D CAT 08986 LIST 39 SCHNEIDER/SQUARE D CAT 08987 LIST 39 SCHNEIDER/SQUARE D CAT 08988 LIST 39 SCHNEIDER/SQUARE D CAT 08989 LIST 39 SCHNEIDER/SQUARE D CAT 08990 LIST 39 SCHNEIDER/SQUARE D CAT 09132 LIST 60 SCHNEIDER/SQUARE D CAT 09133 LIST 60 SCHNEIDER/SQUARE D CAT 09134 LIST 60 SCHNEIDER/SQUARE D CAT 09135 LIST 60 SCHNEIDER/SQUARE D CAT 09136 LIST 60 SCHNEIDER/SQUARE D CAT 09137 LIST 60 SCHNEIDER/SQUARE D CAT 09138 LIST 60 SCHNEIDER/SQUARE D CAT 09139 LIST 60 SCHNEIDER/SQUARE D CAT 09140 LIST 60 SCHNEIDER/SQUARE D CAT 09141 NQ NEMA TYPE 4/4X/12 LIST 60 SCHNEIDER/SQUARE D CAT 09142 LIST 60 SCHNEIDER/SQUARE D CAT 09143 LIST 60 SCHNEIDER/SQUARE D CAT 09144 LIST 60 SCHNEIDER/SQUARE D CAT 09145 LIST 60 SCHNEIDER/SQUARE D CAT 09146 LIST 60 SCHNEIDER/SQUARE D CAT 09147 LIST 60 SCHNEIDER/SQUARE D CAT 09148 LIST 60 SCHNEIDER/SQUARE D CAT 09149 LIST 60 SCHNEIDER/SQUARE D CAT 09151 NQ RTA PANELBOARDS LIST 60 SCHNEIDER/SQUARE D CAT 09301 DIN RAIL SURGE SUPRESSOR- EFI LIST 54 SCHNEIDER/SQUARE D CAT 09302 SERIES SURGE SUPPRESSOR- EFI LIST 60 SCHNEIDER/SQUARE D CAT 09303 NON-MOD BRICK SURGE SUP-EFI LIST 60 SCHNEIDER/SQUARE D CAT 09304 HARDWIRED TVSS- EFI LIST 60 SCHNEIDER/SQUARE D CAT 09400 LIST 66 SCHNEIDER/SQUARE D CAT 09410 LIST 66 SCHNEIDER/SQUARE D CAT 09411 LIST 66 SCHNEIDER/SQUARE D CAT 09412 LIST 66 SCHNEIDER/SQUARE D CAT 09413 LIST 66 SCHNEIDER/SQUARE D CAT 09414 LIST 66 SCHNEIDER/SQUARE D CAT 09415 LIST 66 SCHNEIDER/SQUARE D CAT 09416 LIST 66 SCHNEIDER/SQUARE D CAT 09417 LIST 66 Page 171 of 600 SCHNEIDER/SQUARE D CAT 09418 LIST 66 SCHNEIDER/SQUARE D CAT 09419 LIST 66 SCHNEIDER/SQUARE D CAT 09421 LIST 66 SCHNEIDER/SQUARE D CAT 09422 LIST 66 SCHNEIDER/SQUARE D CAT 09423 QED-2 MLO I-LINE BRANCH LIST 66 SCHNEIDER/SQUARE D CAT 09424 LIST 66 SCHNEIDER/SQUARE D CAT 09425 LIST 66 SCHNEIDER/SQUARE D CAT 09426 LIST 66 SCHNEIDER/SQUARE D CAT 09427 LIST 66 SCHNEIDER/SQUARE D CAT 09428 LIST 66 SCHNEIDER/SQUARE D CAT 09429 LIST 66 SCHNEIDER/SQUARE D CAT 09431 LIST 66 SCHNEIDER/SQUARE D CAT 09432 LIST 66 SCHNEIDER/SQUARE D CAT 09433 LIST 66 SCHNEIDER/SQUARE D CAT 09439 LIST 66 SCHNEIDER/SQUARE D CAT 09441 SPEED-D SB LIST 60 SCHNEIDER/SQUARE D CAT 09442 LIST 60 SCHNEIDER/SQUARE D CAT 09443 SPEED-D CTC LIST 60 SCHNEIDER/SQUARE D CAT 09444 LIST 60 SCHNEIDER/SQUARE D CAT 09445 LIST 60 SCHNEIDER/SQUARE D CAT 09446 ***ENG TO STOCK SWITCHBOARD*** LIST 60 SCHNEIDER/SQUARE D CAT 09447 LIST 60 SCHNEIDER/SQUARE D CAT 09448 SPEED-D AUX, MLO KIT, SIDEPL LIST 60 SCHNEIDER/SQUARE D CAT 09450 LIST 66 SCHNEIDER/SQUARE D CAT 09451 LIST 66 SCHNEIDER/SQUARE D CAT 09452 LIST 66 SCHNEIDER/SQUARE D CAT 09453 LIST 66 SCHNEIDER/SQUARE D CAT 09454 LIST 66 SCHNEIDER/SQUARE D CAT 09455 CMM C/B EUSERC CUSTOM NEMA 3R LIST 66 SCHNEIDER/SQUARE D CAT 09456 LIST 66 SCHNEIDER/SQUARE D CAT 09457 LIST 66 SCHNEIDER/SQUARE D CAT 09458 LIST 66 SCHNEIDER/SQUARE D CAT 09459 LIST 66 SCHNEIDER/SQUARE D CAT 09460 LIST 66 SCHNEIDER/SQUARE D CAT 09461 LIST 66 SCHNEIDER/SQUARE D CAT 09462 LIST 66 SCHNEIDER/SQUARE D CAT 09463 LIST 66 SCHNEIDER/SQUARE D CAT 09464 LIST 66 SCHNEIDER/SQUARE D CAT 09465 LIST 66 SCHNEIDER/SQUARE D CAT 09466 LIST 66 SCHNEIDER/SQUARE D CAT 09467 LIST 66 SCHNEIDER/SQUARE D CAT 09468 LIST 66 SCHNEIDER/SQUARE D CAT 09469 LIST 66 SCHNEIDER/SQUARE D CAT 09470 LIST 66 SCHNEIDER/SQUARE D CAT 09471 LIST 66 SCHNEIDER/SQUARE D CAT 09472 LIST 66 SCHNEIDER/SQUARE D CAT 09473 LIST 66 Page 172 of 600 SCHNEIDER/SQUARE D CAT 09474 LIST 66 SCHNEIDER/SQUARE D CAT 09475 LIST 66 SCHNEIDER/SQUARE D CAT 09476 LIST 66 SCHNEIDER/SQUARE D CAT 09477 LIST 66 SCHNEIDER/SQUARE D CAT 09478 LIST 66 SCHNEIDER/SQUARE D CAT 09479 LIST 66 SCHNEIDER/SQUARE D CAT 09491 LIST 66 SCHNEIDER/SQUARE D CAT 09492 LIST 66 SCHNEIDER/SQUARE D CAT 09493 LIST 66 SCHNEIDER/SQUARE D CAT 09494 LIST 66 SCHNEIDER/SQUARE D CAT 09497 LIST 66 SCHNEIDER/SQUARE D CAT 09500 LIST 66 SCHNEIDER/SQUARE D CAT 09509 KRP-C FUSES LIST 66 SCHNEIDER/SQUARE D CAT 09510 LV FUSES LIST 66 SCHNEIDER/SQUARE D CAT 09511 LIST 66 SCHNEIDER/SQUARE D CAT 09512 LIST 66 SCHNEIDER/SQUARE D CAT 09513 LIST 66 SCHNEIDER/SQUARE D CAT 09514 LIST 66 SCHNEIDER/SQUARE D CAT 09515 LIST 66 SCHNEIDER/SQUARE D CAT 09516 LIST 66 SCHNEIDER/SQUARE D CAT 09517 LIST 66 SCHNEIDER/SQUARE D CAT 09518 LIST 66 SCHNEIDER/SQUARE D CAT 09519 LIST 66 SCHNEIDER/SQUARE D CAT 09521 LIST 66 SCHNEIDER/SQUARE D CAT 09522 LIST 66 SCHNEIDER/SQUARE D CAT 09523 LIST 66 SCHNEIDER/SQUARE D CAT 09524 LIST 66 SCHNEIDER/SQUARE D CAT 09525 LIST 66 SCHNEIDER/SQUARE D CAT 09526 LIST 66 SCHNEIDER/SQUARE D CAT 09527 LIST 66 SCHNEIDER/SQUARE D CAT 09528 LIST 66 SCHNEIDER/SQUARE D CAT 09529 LIST 66 SCHNEIDER/SQUARE D CAT 09531 LIST 66 SCHNEIDER/SQUARE D CAT 09532 LIST 66 SCHNEIDER/SQUARE D CAT 09533 LIST 66 SCHNEIDER/SQUARE D CAT 09534 LIST 66 SCHNEIDER/SQUARE D CAT 09535 LIST 66 SCHNEIDER/SQUARE D CAT 09536 LIST 66 SCHNEIDER/SQUARE D CAT 09537 LIST 66 SCHNEIDER/SQUARE D CAT 09538 LIST 66 SCHNEIDER/SQUARE D CAT 09539 LIST 66 SCHNEIDER/SQUARE D CAT 09543 LIST 57 SCHNEIDER/SQUARE D CAT 09544 RTA QMJ SWITCHES LIST 57 SCHNEIDER/SQUARE D CAT 09551 CMM FUSIBLE EUSERC STANDAT N1 LIST 66 SCHNEIDER/SQUARE D CAT 09552 LIST 66 SCHNEIDER/SQUARE D CAT 09553 CMM REPL MTRS PULLOUT EUS LIST 60 SCHNEIDER/SQUARE D CAT 09554 CMM REPL MTRS P-OUT LVR BYPASS LIST 60 Page 173 of 600 SCHNEIDER/SQUARE D CAT 09555 LIST 66 SCHNEIDER/SQUARE D CAT 09556 LIST 66 SCHNEIDER/SQUARE D CAT 09557 LIST 66 SCHNEIDER/SQUARE D CAT 09606 LIST 60 SCHNEIDER/SQUARE D CAT 09609 LIST 39 SCHNEIDER/SQUARE D CAT 09610 LIST 39 SCHNEIDER/SQUARE D CAT 09612 LIST 60 SCHNEIDER/SQUARE D CAT 09617 TSW,TSG,TSO AND N08 TO N40 LIST 60 SCHNEIDER/SQUARE D CAT 09640 LIST 39 SCHNEIDER/SQUARE D CAT 09641 LIST 39 SCHNEIDER/SQUARE D CAT 09642 LIST 39 SCHNEIDER/SQUARE D CAT 09644 LIST 39 SCHNEIDER/SQUARE D CAT 09645 LIST 39 SCHNEIDER/SQUARE D CAT 09646 LIST 39 SCHNEIDER/SQUARE D CAT 09647 LIST 39 SCHNEIDER/SQUARE D CAT 09648 LIST 39 SCHNEIDER/SQUARE D CAT 09650 POWERLINK QO(B) PL BREAKERS LIST 44 SCHNEIDER/SQUARE D CAT 09651 POWERLINK POWER SUPPLIES LIST 44 SCHNEIDER/SQUARE D CAT 09652 POWERLINK EHBPL BREAKERS LIST 44 SCHNEIDER/SQUARE D CAT 09654 QO B AS BRK PL1 LIST 44 SCHNEIDER/SQUARE D CAT 09655 POWERLINK EHBAS BREAKERS LIST 44 SCHNEIDER/SQUARE D CAT 09656 POWERLINK PL SYST COMPNTS LIST 44 SCHNEIDER/SQUARE D CAT 09658 LIST 44 SCHNEIDER/SQUARE D CAT 09659 POWERLINK AS ACCESSORIES LIST 44 SCHNEIDER/SQUARE D CAT 09660 POWERLINK GEN-3 ELECTRONICS LIST 44 SCHNEIDER/SQUARE D CAT 09662 POWERLINK GEN-3 ACCESSORIES LIST 44 SCHNEIDER/SQUARE D CAT 09663 POWERLINK GEN-3 ECB BRKRS LIST 44 SCHNEIDER/SQUARE D CAT 09664 LIST 57 SCHNEIDER/SQUARE D CAT 09665 LIST 57 SCHNEIDER/SQUARE D CAT 09666 LIST 57 SCHNEIDER/SQUARE D CAT 09667 LIST 57 SCHNEIDER/SQUARE D CAT 09668 LIST 57 SCHNEIDER/SQUARE D CAT 09688 MISC SWBD & PANEL PARTS-PEI LIST 66 SCHNEIDER/SQUARE D CAT 09689 MISC SWBD PARTS&ASSEMBLIES LIST 57 SCHNEIDER/SQUARE D CAT 09696 OCCUPANCY SENSORS LIST 44 SCHNEIDER/SQUARE D CAT 09700 LIST 39 SCHNEIDER/SQUARE D CAT 09701 LIST 69 SCHNEIDER/SQUARE D CAT 09703 LIST 60 SCHNEIDER/SQUARE D CAT 09780 POWERLOGIC HARDWARE LIST 8 SCHNEIDER/SQUARE D CAT 09781 POWERLOGIC SOFTWARE LIST 8 SCHNEIDER/SQUARE D CAT 09782 POWERLOGIC ACCESSORIES LIST 8 SCHNEIDER/SQUARE D CAT 09783 POWERLOGIC PKG. SYSTEMS LIST 8 SCHNEIDER/SQUARE D CAT 09785 POWERLOGIC SYSTEM CMPNTS LIST 8 SCHNEIDER/SQUARE D CAT 09786 POWERLOGIC POWER METER LIST 8 SCHNEIDER/SQUARE D CAT 09787 POWERLOGIC DIGITAL RELAY LIST 13 SCHNEIDER/SQUARE D CAT 09792 P/LOGIC TRAINING/ENG COMPONENT LIST 8 SCHNEIDER/SQUARE D CAT 09794 LIST 8 Page 174 of 600 SCHNEIDER/SQUARE D CAT 09795 POWERLOGIC SCCT& LVCT LIST 8 SCHNEIDER/SQUARE D CAT 09796 LIST 8 SCHNEIDER/SQUARE D CAT 09800 LIST 39 SCHNEIDER/SQUARE D CAT 09801 LIST 39 SCHNEIDER/SQUARE D CAT 09802 LIST 39 SCHNEIDER/SQUARE D CAT 09803 LIST 39 SCHNEIDER/SQUARE D CAT 09804 LIST 39 SCHNEIDER/SQUARE D CAT 09805 LIST 39 SCHNEIDER/SQUARE D CAT 09806 LIST 39 SCHNEIDER/SQUARE D CAT 09807 LIST 39 SCHNEIDER/SQUARE D CAT 09808 LIST 39 SCHNEIDER/SQUARE D CAT 09809 LIST 39 SCHNEIDER/SQUARE D CAT 09810 LIST 39 SCHNEIDER/SQUARE D CAT 09811 LIST 39 SCHNEIDER/SQUARE D CAT 09812 LIST 39 SCHNEIDER/SQUARE D CAT 09813 LIST 39 SCHNEIDER/SQUARE D CAT 09814 LIST 39 SCHNEIDER/SQUARE D CAT 09815 LIST 39 SCHNEIDER/SQUARE D CAT 09816 LIST 39 SCHNEIDER/SQUARE D CAT 09817 LIST 39 SCHNEIDER/SQUARE D CAT 09818 LIST 39 SCHNEIDER/SQUARE D CAT 09819 LIST 39 SCHNEIDER/SQUARE D CAT 09820 LIST 39 SCHNEIDER/SQUARE D CAT 09821 LIST 39 SCHNEIDER/SQUARE D CAT 09823 LIST 39 SCHNEIDER/SQUARE D CAT 09824 LIST 39 SCHNEIDER/SQUARE D CAT 09830 LIST 39 SCHNEIDER/SQUARE D CAT 09831 LIST 39 SCHNEIDER/SQUARE D CAT 09832 LIST 39 SCHNEIDER/SQUARE D CAT 09833 LIST 39 SCHNEIDER/SQUARE D CAT 09834 LIST 39 SCHNEIDER/SQUARE D CAT 09835 LIST 39 SCHNEIDER/SQUARE D CAT 09836 LIST 39 SCHNEIDER/SQUARE D CAT 09837 LIST 39 SCHNEIDER/SQUARE D CAT 09886 LIST 39 SCHNEIDER/SQUARE D CAT 09887 LIST 39 SCHNEIDER/SQUARE D CAT 09888 LIST 39 SCHNEIDER/SQUARE D CAT 09889 LIST 39 SCHNEIDER/SQUARE D CAT 09890 LIST 39 SCHNEIDER/SQUARE D CAT 09891 LIST 39 SCHNEIDER/SQUARE D CAT 09892 LIST 39 SCHNEIDER/SQUARE D CAT 09893 LIST 39 SCHNEIDER/SQUARE D CAT 09894 LIST 39 SCHNEIDER/SQUARE D CAT 09895 LIST 39 SCHNEIDER/SQUARE D CAT 09902 LIST 57 SCHNEIDER/SQUARE D CAT 09903 LIST 57 SCHNEIDER/SQUARE D CAT 09904 LIST 57 Page 175 of 600 SCHNEIDER/SQUARE D CAT 09905 LIST 57 SCHNEIDER/SQUARE D CAT 09906 LIST 57 SCHNEIDER/SQUARE D CAT 09907 LIST 57 SCHNEIDER/SQUARE D CAT 09908 LIST 57 SCHNEIDER/SQUARE D CAT 09909 LIST 57 SCHNEIDER/SQUARE D CAT 09910 LIST 57 SCHNEIDER/SQUARE D CAT 09911 LIST 57 SCHNEIDER/SQUARE D CAT 09912 LIST 57 SCHNEIDER/SQUARE D CAT 09913 LIST 57 SCHNEIDER/SQUARE D CAT 09914 LIST 57 SCHNEIDER/SQUARE D CAT 09915 LIST 57 SCHNEIDER/SQUARE D CAT 09916 LIST 57 SCHNEIDER/SQUARE D CAT 09917 LIST 57 SCHNEIDER/SQUARE D CAT 09918 LIST 57 SCHNEIDER/SQUARE D CAT 09919 LIST 57 SCHNEIDER/SQUARE D CAT 09920 LIST 57 SCHNEIDER/SQUARE D CAT 10250 LIST 66 SCHNEIDER/SQUARE D CAT 18061 SPARE PARTS DISC CPI LIST 41 SCHNEIDER/SQUARE D CAT 18065 SPARE PARTS DISCT CP4C LIST 17 SCHNEIDER/SQUARE D CAT 18073 SPARE PARTS DISCOUNT I LIST 41 SCHNEIDER/SQUARE D CAT 18074 SPARE PARTS DISCOUNT 111 LIST 39 SCHNEIDER/SQUARE D CAT 18075 DISC T CONT KT LIST 41 SCHNEIDER/SQUARE D CAT 18076 SPARE PARTS DISCOUNT RS3 LIST 39 SCHNEIDER/SQUARE D CAT 18079 SPARE PARTS DISC CP10 LIST 21 SCHNEIDER/SQUARE D CAT 18082 SPARE PARTS DISCOUNT CP11 LIST 39 SCHNEIDER/SQUARE D CAT 18085 DISC 112 LIST 31 SCHNEIDER/SQUARE D CAT 18405 WORLD SVC PARTS(PUSHBTNS) LIST 41 SCHNEIDER/SQUARE D CAT 18406 WORLD SVC PARTS(OTHER OP INT) LIST 39 SCHNEIDER/SQUARE D CAT 18415 LIST 17 SCHNEIDER/SQUARE D CAT 18450 LIST 17 SCHNEIDER/SQUARE D CAT 18455 LIST 17 SCHNEIDER/SQUARE D CAT 18506 LIST 41 SCHNEIDER/SQUARE D CAT 18940 LIST 39 SCHNEIDER/SQUARE D CAT 20501 LIST 39 SCHNEIDER/SQUARE D CAT 20502 LIST 39 SCHNEIDER/SQUARE D CAT 20509 LIST 39 SCHNEIDER/SQUARE D CAT 20510 LIST 39 SCHNEIDER/SQUARE D CAT 20512 LIST 39 SCHNEIDER/SQUARE D CAT 20513 LIST 39 SCHNEIDER/SQUARE D CAT 20514 LIST 39 SCHNEIDER/SQUARE D CAT 20517 LIST 39 SCHNEIDER/SQUARE D CAT 20518 LIST 39 SCHNEIDER/SQUARE D CAT 20519 LIST 39 SCHNEIDER/SQUARE D CAT 20520 LIST 39 SCHNEIDER/SQUARE D CAT 20521 LIST 39 SCHNEIDER/SQUARE D CAT 20522 LIST 39 SCHNEIDER/SQUARE D CAT 20523 LIST 39 Page 176 of 600 SCHNEIDER/SQUARE D CAT 20524 LIST 39 SCHNEIDER/SQUARE D CAT 20525 LIST 39 SCHNEIDER/SQUARE D CAT 20527 LIST 39 SCHNEIDER/SQUARE D CAT 20530 LIST 39 SCHNEIDER/SQUARE D CAT 20533 LIST 39 SCHNEIDER/SQUARE D CAT 20539 LIST 39 SCHNEIDER/SQUARE D CAT 20540 LIST 39 SCHNEIDER/SQUARE D CAT 20541 LIST 39 SCHNEIDER/SQUARE D CAT 20543 LIST 39 SCHNEIDER/SQUARE D CAT 20545 LIST 39 SCHNEIDER/SQUARE D CAT 20546 LIST 39 SCHNEIDER/SQUARE D CAT 20548 LIST 39 SCHNEIDER/SQUARE D CAT 20556 LIST 39 SCHNEIDER/SQUARE D CAT 20557 LIST 39 SCHNEIDER/SQUARE D CAT 20558 LIST 39 SCHNEIDER/SQUARE D CAT 20559 LIST 39 SCHNEIDER/SQUARE D CAT 20560 LIST 39 SCHNEIDER/SQUARE D CAT 20574 LIST 39 SCHNEIDER/SQUARE D CAT 20575 LIST 39 SCHNEIDER/SQUARE D CAT 20576 LIST 39 SCHNEIDER/SQUARE D CAT 20577 LIST 39 SCHNEIDER/SQUARE D CAT 20579 LIST 39 SCHNEIDER/SQUARE D CAT 20598 LIST 35 SCHNEIDER/SQUARE D CAT 20599 LVDO SPARE PARTS LIST 35 SCHNEIDER/SQUARE D CAT 21090 MVMCC, FVNR, 400A LIST 35 SCHNEIDER/SQUARE D CAT 21101 2510,2511,2512 F LIST 41 SCHNEIDER/SQUARE D CAT 21102 2510,2511,2512 K LIST 41 SCHNEIDER/SQUARE D CAT 21103 2510,2511, 2512 M,T LIST 41 SCHNEIDER/SQUARE D CAT 21116 2601 LIST 41 SCHNEIDER/SQUARE D CAT 21122 8430MPD PH FL LIST 41 SCHNEIDER/SQUARE D CAT 21123 8430MPS PH FAL LIST 41 SCHNEIDER/SQUARE D CAT 21127 ZELIO ICE CUBE RELAYS LIST 39 SCHNEIDER/SQUARE D CAT 21128 ZELIO ICE CUBE RELAY ACCESSORIES LIST 39 SCHNEIDER/SQUARE D CAT 21156 8501 T041& 8501 to43 LIST 41 SCHNEIDER/SQUARE D CAT 21157 8501 XDO (DC) LIST 41 SCHNEIDER/SQUARE D CAT 21158 8501 XO (AC) LIST 44 SCHNEIDER/SQUARE D CAT 21159 8501 X ACCESSORIES LIST 44 SCHNEIDER/SQUARE D CAT 21191 8502, 36 SA, SB (NOT S*R,T,W) LIST 41 SCHNEIDER/SQUARE D CAT 21192 8502,36, SC,SD(NOTS*R,T,W) LIST 41 SCHNEIDER/SQUARE D CAT 21193 8502,36, SE,SF(NOTS*R,T,W) LIST 41 SCHNEIDER/SQUARE D CAT 21194 8502,36 SG(NOT S*R,S*T,S*W) LIST 41 SCHNEIDER/SQUARE D CAT 21195 8502,36 SH,SJ(NOT S*R,T*W) LIST 41 SCHNEIDER/SQUARE D CAT 21202 8502,36 S*R,S*T,S*W LIST 41 SCHNEIDER/SQUARE D CAT 21203 8502,36 W/STNL ENCL LIST 41 SCHNEIDER/SQUARE D CAT 21208 8502 W-NONREV VACUUM CTRS LIST 41 SCHNEIDER/SQUARE D CAT 21212 8538,39SB(NOTS*R,S*T,S*W) LIST 41 SCHNEIDER/SQUARE D CAT 21213 8538, 39 SC, SD(NOTS*R,T,W) LIST 41 Page 177 of 600 SCHNEIDER/SQUARE D CAT 21214 8538,39, SE,SF9 (NOT S*R,T,W) LIST 41 SCHNEIDER/SQUARE D CAT 21215 8538SG, 8539SG (NOTS*R,S*T,S*W) LIST 41 SCHNEIDER/SQUARE D CAT 21216 LIST 41 SCHNEIDER/SQUARE D CAT 21217 8538,39 S*R,S*T,S*W LIST 41 SCHNEIDER/SQUARE D CAT 21218 8538, 39 W/STAINLESS ENCLOS LIST 41 SCHNEIDER/SQUARE D CAT 21220 LIST 41 SCHNEIDER/SQUARE D CAT 21221 LIST 41 SCHNEIDER/SQUARE D CAT 21231 8606 (NOT S*K) AT-RV STR LIST 41 SCHNEIDER/SQUARE D CAT 21233 8630 (NOT S*K)YD-RV STRS LIST 41 SCHNEIDER/SQUARE D CAT 21235 LIST 41 SCHNEIDER/SQUARE D CAT 21237 LIST 41 SCHNEIDER/SQUARE D CAT 21271 8702, 36 SA, SB (NOT S*R,T,W) LIST 41 SCHNEIDER/SQUARE D CAT 21272 8702,36, SC,SD (NOTS*R,T,W) LIST 41 SCHNEIDER/SQUARE D CAT 21273 8702,36, SE,SF (NOT S*R,T,W) LIST 41 SCHNEIDER/SQUARE D CAT 21274 8702SG, 8736SG (NOTS*R,S*T,S*W) LIST 41 SCHNEIDER/SQUARE D CAT 21275 8702,36 SH,SJ(NOT S*R,T,W) LIST 41 SCHNEIDER/SQUARE D CAT 21281 LIST 41 SCHNEIDER/SQUARE D CAT 21282 8702,36 W/STAINLESS ENCLOS LIST 41 SCHNEIDER/SQUARE D CAT 21288 8702 W REV VAC CTRS LIST 41 SCHNEIDER/SQUARE D CAT 21291 8738SB, 8739SB (NOTS*R,S*T,S*W) LIST 41 SCHNEIDER/SQUARE D CAT 21292 8738,39, SC,SD (NOT S*R,T,W) LIST 41 SCHNEIDER/SQUARE D CAT 21293 8738,39 SE,SF(NOT S*R,T,W) LIST 41 SCHNEIDER/SQUARE D CAT 21294 LIST 41 SCHNEIDER/SQUARE D CAT 21295 LIST 41 SCHNEIDER/SQUARE D CAT 21296 8738,39 S*R,S*T,S*W LIST 41 SCHNEIDER/SQUARE D CAT 21297 8738,39 W/STAINLESS ENSLOS LIST 41 SCHNEIDER/SQUARE D CAT 21301 8810,11,12 C,D,U LIST 41 SCHNEIDER/SQUARE D CAT 21302 8810,11,12 S LIST 41 SCHNEIDER/SQUARE D CAT 21321 8903 L(NOT LX) LIST 57 SCHNEIDER/SQUARE D CAT 21322 8903 LX(NOT L) LIST 54 SCHNEIDER/SQUARE D CAT 21323 8903 PB LIST 41 SCHNEIDER/SQUARE D CAT 21324 8903 S (NOT S*C) MECH LIST 49 SCHNEIDER/SQUARE D CAT 21325 8903 S (NOT S*C) ELECT. LIST 49 SCHNEIDER/SQUARE D CAT 21326 8903 S*C LIST 41 SCHNEIDER/SQUARE D CAT 21371 8910 SYD138 LIST 41 SCHNEIDER/SQUARE D CAT 21372 8910 SYD 230 LIST 41 SCHNEIDER/SQUARE D CAT 21373 8910 SYD LIST 41 SCHNEIDER/SQUARE D CAT 21381 8911 DP LIST 41 SCHNEIDER/SQUARE D CAT 21388 8940 NSC, NSD LIST 41 SCHNEIDER/SQUARE D CAT 21389 8940 NSE, NSF LIST 41 SCHNEIDER/SQUARE D CAT 21390 8940 NPD,E,F LIST 41 SCHNEIDER/SQUARE D CAT 21391 8940 NPG - NPJ LIST 41 SCHNEIDER/SQUARE D CAT 21392 8940 NSG, XS LIST 41 SCHNEIDER/SQUARE D CAT 21393 8940 WC, WD LIST 41 SCHNEIDER/SQUARE D CAT 21394 8940 M,P,R,V LIST 41 SCHNEIDER/SQUARE D CAT 21395 8940 XC, XD LIST 41 SCHNEIDER/SQUARE D CAT 21396 8940 XE, XF LIST 41 Page 178 of 600 SCHNEIDER/SQUARE D CAT 21397 8940 WE, WF LIST 41 SCHNEIDER/SQUARE D CAT 21401 8941 DUPLEX MT CONTROLLERS LIST 41 SCHNEIDER/SQUARE D CAT 21403 8965 DPR1>DPR4-20A>40A REV HOIST LIST 41 SCHNEIDER/SQUARE D CAT 21404 8965 DPR5,DPR6 LIST 41 SCHNEIDER/SQUARE D CAT 21406 8965 R-REVERSING HOIST CONTACTORS LIST 41 SCHNEIDER/SQUARE D CAT 21409 8963 PARTS (DISCOUNT CP10) LIST 25 SCHNEIDER/SQUARE D CAT 21421 9001 B (NOT BW70-BW80) LIST 44 SCHNEIDER/SQUARE D CAT 21422 9001 BW70-BW80 LIST 44 SCHNEIDER/SQUARE D CAT 21423 D1-D4,D7 &ACCESSORIES LIST 41 SCHNEIDER/SQUARE D CAT 21424 D5,D6,D8,D9&ACCESS LIST 41 SCHNEIDER/SQUARE D CAT 21425 9001 J,O &ACCESSORIES LIST 41 SCHNEIDER/SQUARE D CAT 21426 9001 K (NOT KA,KM,KX) LIST 44 SCHNEIDER/SQUARE D CAT 21427 9001 KX LIST 44 SCHNEIDER/SQUARE D CAT 21428 9001 P PALM PB LIST 41 SCHNEIDER/SQUARE D CAT 21429 SK, SKY LIST 44 SCHNEIDER/SQUARE D CAT 21431 SKYP, SKRU (PENDANTS) LIST 41 SCHNEIDER/SQUARE D CAT 21432 9001 T&ACCESSORIES LIST 41 SCHNEIDER/SQUARE D CAT 21433 9001 ACCESS FOR K,KX,SK LIST 44 SCHNEIDER/SQUARE D CAT 21434 KA CONTACT BLOCKS LIST 44 SCHNEIDER/SQUARE D CAT 21435 KM LIGHT MODULES LIST 44 SCHNEIDER/SQUARE D CAT 21441 9002 AW FOOT SWITCHES LIST 41 SCHNEIDER/SQUARE D CAT 21446 9003 K CAM SWITCHES LIST 41 SCHNEIDER/SQUARE D CAT 21476 9007 SG SAFETY GATE LIST 44 SCHNEIDER/SQUARE D CAT 21491 9007A SNAP SWITCHES LIST 44 SCHNEIDER/SQUARE D CAT 21492 9007C SNAP SWITCHES LIST 44 SCHNEIDER/SQUARE D CAT 21493 9007 ARMS AW, C LIST 44 SCHNEIDER/SQUARE D CAT 21494 9007 ARMS FT,T LIST 44 SCHNEIDER/SQUARE D CAT 21495 9007 A012-A056 OPEN AW SWTCH LIST 44 SCHNEIDER/SQUARE D CAT 21496 9007AW PRECISION LIMIT SWITCHES LIST 44 SCHNEIDER/SQUARE D CAT 21497 9007 FT,T OILTIGHT& FOUNDRY LIST 44 SCHNEIDER/SQUARE D CAT 21499 9007C LIMIT SWITCHES LIST 44 SCHNEIDER/SQUARE D CAT 21501 9007XA LIMIT S LIST 44 SCHNEIDER/SQUARE D CAT 21519 9007 MISCELLANEOUS LIST 44 SCHNEIDER/SQUARE D CAT 21522 9012 G INDUSTRIAL PRESSURE SWITCH LIST 44 SCHNEIDER/SQUARE D CAT 21561 XMLK, XMLP PRESS TRANSMITTERS LIST 54 SCHNEIDER/SQUARE D CAT 21571 SENSORS, ELECTRONIC BASIC XU &XS LIST 54 SCHNEIDER/SQUARE D CAT 21581 ENCODERS, XCC LIST 44 SCHNEIDER/SQUARE D CAT 21612 CLASS 9039 X LIST 41 SCHNEIDER/SQUARE D CAT 21616 9049 ACCESSORIES(DISCOUNT CPI) LIST 44 SCHNEIDER/SQUARE D CAT 21631 9050 A ONE MIN PNEUMATIC TIMER LIST 41 SCHNEIDER/SQUARE D CAT 21632 9050B TIMERS LIST 41 SCHNEIDER/SQUARE D CAT 21633 9050FS,9050FT LIST 41 SCHNEIDER/SQUARE D CAT 21635 9050CG, 9050HO LIST 41 SCHNEIDER/SQUARE D CAT 21661 9065 A,C,F,G,S (NOT SS) LIST 41 SCHNEIDER/SQUARE D CAT 21662 9065 SS OL RELAYS LIST 41 SCHNEIDER/SQUARE D CAT 21681 9066 R,S,W LIST 41 SCHNEIDER/SQUARE D CAT 21682 9066 Z LIST 41 Page 179 of 600 SCHNEIDER/SQUARE D CAT 21694 9070 SK LIST 41 SCHNEIDER/SQUARE D CAT 21701 9080 FB LIST 41 SCHNEIDER/SQUARE D CAT 21704 9080 K (BLOCKS ONLY) LIST 41 SCHNEIDER/SQUARE D CAT 21705 9080 K MS1,MS6 LIST 41 SCHNEIDER/SQUARE D CAT 21706 9080 K1 ACCESS LIST 41 SCHNEIDER/SQUARE D CAT 21711 9080 LB LIST 41 SCHNEIDER/SQUARE D CAT 21725 9300 VT MONITORING SYSTEM LIST 41 SCHNEIDER/SQUARE D CAT 21726 9300 VT ACCESSORIES LIST 41 SCHNEIDER/SQUARE D CAT 21729 9421 N LIST 41 SCHNEIDER/SQUARE D CAT 21730 V VARIO SWITCH LIST 41 SCHNEIDER/SQUARE D CAT 21731 9421 L& MISC LIST 41 SCHNEIDER/SQUARE D CAT 21732 9422 LIST 41 SCHNEIDER/SQUARE D CAT 21733 9423 LIST 41 SCHNEIDER/SQUARE D CAT 21742 9991 S LIST 41 SCHNEIDER/SQUARE D CAT 21743 9991 MISC(NOT P,S,UE1) LIST 41 SCHNEIDER/SQUARE D CAT 21751 9998 DISC CPI LIST 41 SCHNEIDER/SQUARE D CAT 21756 9998 DISC CP10 LIST 21 SCHNEIDER/SQUARE D CAT 21761 9999 DISC CPI LIST 39 SCHNEIDER/SQUARE D CAT 21781 THERMAL UNITS LIST 41 SCHNEIDER/SQUARE D CAT 22021 LIST 17 SCHNEIDER/SQUARE D CAT 22042 ATV12 DRIVE &ACCESSORIES LIST 13 SCHNEIDER/SQUARE D CAT 22049 ATV58 FLUX VECTOR DRIVES LIST 25 SCHNEIDER/SQUARE D CAT 22052 ATV58H OP CP4C LIST 25 SCHNEIDER/SQUARE D CAT 22053 ATV58H 1 -20HP OPEN DRIVES LIST 25 SCHNEIDER/SQUARE D CAT 22055 ATV58E,N CP4C LIST 25 SCHNEIDER/SQUARE D CAT 22058 ATV58 OPTIONS&ACCESSORIES LIST 25 SCHNEIDER/SQUARE D CAT 22059 FLEX58 CHASSIS DRIVE LIST 25 SCHNEIDER/SQUARE D CAT 22060 ATV58 125 CP4C LIST 25 SCHNEIDER/SQUARE D CAT 22062 LINE REACTORS/FILTERS(RL,KLC) LIST 17 SCHNEIDER/SQUARE D CAT 22067 DRIVES REPAIR& RETURN LIST 17 SCHNEIDER/SQUARE D CAT 22130 ATV71 - 1/2 THRU 5HP DRIVES LIST 17 SCHNEIDER/SQUARE D CAT 22131 ATV71 -7.5 THRU 50HP LIST 17 SCHNEIDER/SQUARE D CAT 22132 ATV71 -60 THRU 150HP DRIVES LIST 25 SCHNEIDER/SQUARE D CAT 22133 ATV71 200 THRU 450HP DRIVES LIST 17 SCHNEIDER/SQUARE D CAT 22134 ATV71 500 THRU 700HP DRIVES LIST 17 SCHNEIDER/SQUARE D CAT 22135 ATV61-71 ACCESSORIES LIST 17 SCHNEIDER/SQUARE D CAT 22136 ATV61 1/2 THRU 5HP DRIVES LIST 17 SCHNEIDER/SQUARE D CAT 22137 ATV61 7.5 THRU 50HP DRIVES LIST 17 SCHNEIDER/SQUARE D CAT 22138 ATV61 60 THRU 150HP DRIVES LIST 17 SCHNEIDER/SQUARE D CAT 22139 ATV61 200 THRU 500 HP DRIVES LIST 17 SCHNEIDER/SQUARE D CAT 22140 ATV61 500 THRU 900HP DRIVES LIST 17 SCHNEIDER/SQUARE D CAT 22150 LIST 17 SCHNEIDER/SQUARE D CAT 22152 ATV312/ATV32/ATV320(.25-7.5HP) LIST 13 SCHNEIDER/SQUARE D CAT 22153 ATV312/ATV32/ATV320(10-30HP) LIST 13 SCHNEIDER/SQUARE D CAT 22154 ATV312-ATV32-ATV320 ACCESSORIES LIST 13 SCHNEIDER/SQUARE D CAT 22155 ATV212 1-25HP 230 VOLT LIST 17 SCHNEIDER/SQUARE D CAT 22157 ATV212 1-25HP 460 VOLT LIST 17 Page 180 of 600 SCHNEIDER/SQUARE D CAT 22158 ATV21 30 - 100HP 460 VOLT LIST 17 SCHNEIDER/SQUARE D CAT 22197 ATV58 DRIVES SPLIT BOX ONLY LIST 25 SCHNEIDER/SQUARE D CAT 22198 AT31 S-FLEX LIST 13 SCHNEIDER/SQUARE D CAT 22200 LIST 25 SCHNEIDER/SQUARE D CAT 22201 LIST 25 SCHNEIDER/SQUARE D CAT 22202 LIST 25 SCHNEIDER/SQUARE D CAT 22203 LIST 25 SCHNEIDER/SQUARE D CAT 22204 LIST 25 SCHNEIDER/SQUARE D CAT 22205 ATV630 FRAMES 1 & 2 LIST 31 SCHNEIDER/SQUARE D CAT 22206 ATV630 FRAMES 3 &4 LIST 31 SCHNEIDER/SQUARE D CAT 22207 ATV630 FRAMES 5 & 6 LIST 31 SCHNEIDER/SQUARE D CAT 22210 LIST 25 SCHNEIDER/SQUARE D CAT 22211 LIST 25 SCHNEIDER/SQUARE D CAT 22212 LIST 25 SCHNEIDER/SQUARE D CAT 22213 LIST 25 SCHNEIDER/SQUARE D CAT 22214 LIST 25 SCHNEIDER/SQUARE D CAT 22225 LIST 25 SCHNEIDER/SQUARE D CAT 22226 LIST 25 SCHNEIDER/SQUARE D CAT 22227 LIST 25 SCHNEIDER/SQUARE D CAT 22228 LIST 25 SCHNEIDER/SQUARE D CAT 22229 LIST 25 SCHNEIDER/SQUARE D CAT 22235 LIST 25 SCHNEIDER/SQUARE D CAT 22236 LIST 25 SCHNEIDER/SQUARE D CAT 22237 LIST 25 SCHNEIDER/SQUARE D CAT 22238 LIST 25 SCHNEIDER/SQUARE D CAT 22239 LIST 25 SCHNEIDER/SQUARE D CAT 22240 LIST 25 SCHNEIDER/SQUARE D CAT 22241 LIST 25 SCHNEIDER/SQUARE D CAT 22245 LIST 25 SCHNEIDER/SQUARE D CAT 22246 LIST 25 SCHNEIDER/SQUARE D CAT 22247 LIST 25 SCHNEIDER/SQUARE D CAT 22248 LIST 25 SCHNEIDER/SQUARE D CAT 22249 LIST 25 SCHNEIDER/SQUARE D CAT 22250 LIST 17 SCHNEIDER/SQUARE D CAT 22251 LIST 17 SCHNEIDER/SQUARE D CAT 22252 LIST 17 SCHNEIDER/SQUARE D CAT 22253 LIST 17 SCHNEIDER/SQUARE D CAT 22254 LIST 17 SCHNEIDER/SQUARE D CAT 22255 LIST 17 SCHNEIDER/SQUARE D CAT 22256 LIST 17 SCHNEIDER/SQUARE D CAT 22257 LIST 17 SCHNEIDER/SQUARE D CAT 22258 LIST 17 SCHNEIDER/SQUARE D CAT 22259 LIST 17 SCHNEIDER/SQUARE D CAT 22260 LIST 17 SCHNEIDER/SQUARE D CAT 22261 LIST 17 SCHNEIDER/SQUARE D CAT 22262 LIST 17 SCHNEIDER/SQUARE D CAT 22263 LIST 17 Page 181 of 600 SCHNEIDER/SQUARE D CAT 22264 LIST 17 SCHNEIDER/SQUARE D CAT 22265 LIST 17 SCHNEIDER/SQUARE D CAT 22266 LIST 17 SCHNEIDER/SQUARE D CAT 22267 LIST 17 SCHNEIDER/SQUARE D CAT 22268 LIST 17 SCHNEIDER/SQUARE D CAT 22269 LIST 17 SCHNEIDER/SQUARE D CAT 22270 LIST 17 SCHNEIDER/SQUARE D CAT 22271 LIST 17 SCHNEIDER/SQUARE D CAT 22313 CTRS, D-LINE, ENCL(METAL) LIST 44 SCHNEIDER/SQUARE D CAT 22315 CTRS, D-LINE, ENCL(PLASTIC) LIST 44 SCHNEIDER/SQUARE D CAT 22321 CTR,K-LIN E,DC,OPEN,NONREV LIST 35 SCHNEIDER/SQUARE D CAT 22322 CTR,K-LINE,DC,OPEN,REV LIST 35 SCHNEIDER/SQUARE D CAT 22323 LIST 44 SCHNEIDER/SQUARE D CAT 22324 CONTACTOR,K-LINE-OVERLOADS LIST 35 SCHNEIDER/SQUARE D CAT 22325 LIST 44 SCHNEIDER/SQUARE D CAT 22326 CTR,K-LINE,AC,OPEN,NONREV LIST 35 SCHNEIDER/SQUARE D CAT 22327 CTR,K-LINE,AC,OPEN,REV LIST 35 SCHNEIDER/SQUARE D CAT 22331 CTR,F-LIN E,DC,OPEN,NONREV LIST 35 SCHNEIDER/SQUARE D CAT 22332 CTR, F-LINE, DC. OPEN, REC LIST 35 SCHNEIDER/SQUARE D CAT 22333 CONTACTOR,F-LIN E,ENCLOSED LIST 44 SCHNEIDER/SQUARE D CAT 22334 CONTACTOR, F-LINE, OVERLOADS LIST 35 SCHNEIDER/SQUARE D CAT 22336 CTR,F-LINE,AC,OPEN,NONREV LIST 35 SCHNEIDER/SQUARE D CAT 22337 LIST 35 SCHNEIDER/SQUARE D CAT 22338 SOLID STATE OVERLOAD RELAYS LIST 44 SCHNEIDER/SQUARE D CAT 22339 THERMISTER RELAY(LT3) LIST 44 SCHNEIDER/SQUARE D CAT 22340 LIST 35 SCHNEIDER/SQUARE D CAT 22341 CONT D,K,&F ACCESS LIST 35 SCHNEIDER/SQUARE D CAT 22345 CTR D-LINE, OPEN, NONREV-NEW LIST 35 SCHNEIDER/SQUARE D CAT 22346 CTR, D-LINE, OPEN, REVERSING-NEW LIST 35 SCHNEIDER/SQUARE D CAT 22347 CONTACTOR, D-LINE, OVERLOADS-NEW LIST 35 SCHNEIDER/SQUARE D CAT 22366 MAN STR PROTECTORS-GV1/GV-3 LIST 44 SCHNEIDER/SQUARE D CAT 22367 MANUAL STR PROTECTOR-GV2 LIST 49 SCHNEIDER/SQUARE D CAT 22370 RE, RM MISC TIMERS& COUNTERS LIST 41 SCHNEIDER/SQUARE D CAT 22371 RELAYS, CONTROL LIST 35 SCHNEIDER/SQUARE D CAT 22372 RELAYS INTRINS LIST 41 SCHNEIDER/SQUARE D CAT 22373 RELAYS,SPEED C LIST 41 SCHNEIDER/SQUARE D CAT 22374 TIMER RE I LIST 44 SCHNEIDER/SQUARE D CAT 22375 INTERFACE MODULE (ABA,R,S) LIST 41 SCHNEIDER/SQUARE D CAT 22377 RM3 PR RELAY I LIST 44 SCHNEIDER/SQUARE D CAT 22378 SR2,3 ZELIO 2 RELAYS LIST 44 SCHNEIDER/SQUARE D CAT 22379 RELAYS, SRI LIST 44 SCHNEIDER/SQUARE D CAT 2238118 STARTER III LIST 44 SCHNEIDER/SQUARE D CAT 22382 STRS, INTEGRAL 32&63, OPEN LIST 44 SCHNEIDER/SQUARE D CAT 22383 LIST 44 SCHNEIDER/SQUARE D CAT 22384 STARTERS, INTEGRAL, ACCESS LIST 44 SCHNEIDER/SQUARE D CAT 22392 ATSU01/ATS01 LOW HP SOFT STARTERS LIST 39 SCHNEIDER/SQUARE D CAT 22393 ATWO HIGHER HP SOFT STARTERS LIST 39 Page 182 of 600 SCHNEIDER/SQUARE D CAT 22396 TESYS U-SELF PRTCTD STARTER(LUB) LIST 49 SCHNEIDER/SQUARE D CAT 22397 TESYS U-CNTRL MOD(LUCA, LUCD) LIST 49 SCHNEIDER/SQUARE D CAT 22398 TESYS U-MULTI-FCTN CTRL MOD(LUCM) LIST 49 SCHNEIDER/SQUARE D CAT 22399 TESYS U, ACCESSORIES LIST 49 SCHNEIDER/SQUARE D CAT 22411 LIMIT SWITCHES, IEC, XCKJ LIST 44 SCHNEIDER/SQUARE D CAT 22416 LIMIT SWITCHES, IEC, XCKL LIST 44 SCHNEIDER/SQUARE D CAT 22418 LIMIT SWITCH, IEC, XCKP&XCKT LIST 44 SCHNEIDER/SQUARE D CAT 22421 LIMIT SWITCHES,ARMS FOR 9007MS LIST 44 SCHNEIDER/SQUARE D CAT 22426 LIMIT SWITCHES,TYPE L LIST 44 SCHNEIDER/SQUARE D CAT 22431 LIMIT SWITCHES,TYPE 9007MS LIST 44 SCHNEIDER/SQUARE D CAT 22435 XCM LIMIT SW T LIST 44 SCHNEIDER/SQUARE D CAT 22441 LIMIT SW, CABLE PULL TYPE XY2 LIST 44 SCHNEIDER/SQUARE D CAT 22449 LIMIT SWITCH ES,ACCESSORI ES LIST 44 SCHNEIDER/SQUARE D CAT 22455 LIGHT CURTAINS-XUSL LIST 44 SCHNEIDER/SQUARE D CAT 22459 PUSHBUTTONS, 16MM LIST 41 SCHNEIDER/SQUARE D CAT 22460 PUSHBUTTONS 22MM (PLASTIC) LIST 44 SCHNEIDER/SQUARE D CAT 22461 PUSHBUTTON, 22MM (METAL) LIST 41 SCHNEIDER/SQUARE D CAT 22463 CAM SWITCHES LIST 41 SCHNEIDER/SQUARE D CAT 22464 PUSHBUTTONS, XB7-22MM LIST 41 SCHNEIDER/SQUARE D CAT 22466 PUSHBUTTON, ACCESSORIES LIST 44 SCHNEIDER/SQUARE D CAT 22467 PUSHBUTTONS, 22MM (PLASTIC) NEW LIST 60 SCHNEIDER/SQUARE D CAT 22468 PUSHBUTTONS, 22MM (METAL) NEW LIST 60 SCHNEIDER/SQUARE D CAT 22469 PUSHBUTTON, 22MM ACCESSORIES-NEW LIST 60 SCHNEIDER/SQUARE D CAT 22470 XBSR WIRELESS PUSH BUTTON LIST 44 SCHNEIDER/SQUARE D CAT 22472 PUSHBUTTON, FOOT SWITCHES LIST 44 SCHNEIDER/SQUARE D CAT 22473 PUSHBUTTON PENDANTS LIST 49 SCHNEIDER/SQUARE D CAT 22474 PUSHBUTTON, CRANE JOYSTICKS LIST 44 SCHNEIDER/SQUARE D CAT 22475 WALL STATIONS LIST 57 SCHNEIDER/SQUARE D CAT 22476 JOYSTICKS(NOT CRANE) LIST 44 SCHNEIDER/SQUARE D CAT 22477 SAFETY MODULES (PREVENTA) LIST 44 SCHNEIDER/SQUARE D CAT 22568 HMI CONTROLLERS LIST 8 SCHNEIDER/SQUARE D CAT 22569 MAGELIS XBT-GT(AND XBT-G) LIST 8 SCHNEIDER/SQUARE D CAT 22570 MAGELIS TEXT DISPLAYS&ACCESS LIST 8 SCHNEIDER/SQUARE D CAT 22621 IEC PANEL ACCESSORIES LIST 44 SCHNEIDER/SQUARE D CAT 22622 PANEL BUS(OLD STYLE) LIST 44 SCHNEIDER/SQUARE D CAT 22623 PANEL BUS(AK5) LIST 44 SCHNEIDER/SQUARE D CAT 22625 CMD COMPONENTS(AK3) LIST 44 SCHNEIDER/SQUARE D CAT 22626 CMD MISC PARTS LIST 44 SCHNEIDER/SQUARE D CAT 22631 TELE CIRCUIT BRKR(GB2) LIST 44 SCHNEIDER/SQUARE D CAT 22640 IEC DISCONNECT-GS1, LK3 LIST 44 SCHNEIDER/SQUARE D CAT 22642 D10 SWITCHES T LIST 44 SCHNEIDER/SQUARE D CAT 22643 D11 DISCN SW T LIST 44 SCHNEIDER/SQUARE D CAT 22644 DISCONNECT SWITCHES- D12 LIST 44 SCHNEIDER/SQUARE D CAT 22661 XMLA,B,C,D PRESSURE SWITCHES LIST 54 SCHNEIDER/SQUARE D CAT CP1B DEFINITE PURPOSE CONTROL LIST 41 SCHNEIDER/SQUARE D CAT CP1G OPEN AND ENCLSD SOFT STRTRS AND ACC LIST 13 SCHNEIDER/SQUARE D CAT CP2 GENERAL PURPOSE RELAYS&TIMERS LIST 21 Page 183 of 600 SCHNEIDER/SQUARE D CAT CP4D ALTIVAR 212, S-FLEX DRVS AND ACCESS LIST 17 SCHNEIDER/SQUARE D CAT CP5 TERMINAL BLOCKS-TYPES G & M LIST 31 SCHNEIDER/SQUARE D CAT CP7 PRESSURE SWITCH (STD. PACKAGED) LIST 39 SCHNEIDER/SQUARE D CAT CP7G 9013-G PRESSURE, VAC&FLT SWTCH LIST 35 SCHNEIDER/SQUARE D CAT CP71 PRESSURE SWITCH (INDIVID PCKG) LIST 39 SCHNEIDER/SQUARE D CAT CP8 CONTROL TRANSFORMERS LIST 39 SCHNEIDER/SQUARE D CAT DEI HD& DT SWITCH, IND. CB ENCL LIST 60 SCHNEIDER/SQUARE D CAT DE10 NEW TECHNOLOGY PRODUCTS LIST 31 SCHNEIDER/SQUARE D CAT DE1A GENERAL DUTY SWITCHES& B-HUBS LIST 60 SCHNEIDER/SQUARE D CAT DE1B SURGE ARRESTORS LIST 60 SCHNEIDER/SQUARE D CAT DE2 INDUSTRIAL CIRCUIT BREAKERS LIST 49 SCHNEIDER/SQUARE D CAT DE2A QO,WOT,Q2,QE,QOX CB & ENCL LIST 57 SCHNEIDER/SQUARE D CAT DE2C LV POWER FACTOR CORRECTION CAP LIST 57 SCHNEIDER/SQUARE D CAT DE2E CB ACCESSORIES QO & HOM LIST 60 SCHNEIDER/SQUARE D CAT DE2F MG MASTERPACK LIST 49 SCHNEIDER/SQUARE D CAT DE3,(3C)(3D) LIST 60 SCHNEIDER/SQUARE D CAT DE3A 1 PHASE QO LOAD CENTERS&CSED LIST 60 SCHNEIDER/SQUARE D CAT DE3C HOMELINE LOAD CENTERS LIST 60 SCHNEIDER/SQUARE D CAT DE3D HOMELINE CIRCUIT BREAKER LIST 60 SCHNEIDER/SQUARE D CAT DE4 METERING EQUIPMENT& SERVICEPAK LIST 60 SCHNEIDER/SQUARE D CAT DESA OCCUPANCY SENSORS, POWERLINK RTI CO LIST 44 SCHNEIDER/SQUARE D CAT DS2 PROXIMITY& PHOTOELECTRIC SENSORS LIST 54 SCHNEIDER/SQUARE D CAT 01 LIST 49 SCHNEIDER/SQUARE D CAT PAI CONTROL TRANSF, INSTRUMENT TRANSF LIST 39 SCHNEIDER/SQUARE D CAT PC11 LARGE MICRO CNTLR/ACC(512,612) LIST 31 SCHNEIDER/SQUARE D CAT PC12 TMODSOFT LITE SOFTWARE LIST 31 SCHNEIDER/SQUARE D CAT PC21 QUANTUM CPU, QUANTUM 1/0 LIST 39 SCHNEIDER/SQUARE D CAT PC31 PUSH BUTTON STATION & KEYPAD LIST 39 SCHNEIDER/SQUARE D CAT PC32 ADVANTYACTMS LIST 39 SCHNEIDER/SQUARE D CAT PC34 MODICON M340 CONTROLLERS AND 1/0 LIST 35 SCHNEIDER/SQUARE D CAT PC40 MODSOFT SOFTWARE LIST 41 SCHNEIDER/SQUARE D CAT PC41 MODBUS, MODBUS PLUS PROWORX, CONNEX LIST 39 SCHNEIDER/SQUARE D CAT PC46 FACTORYLINK SOFTWARE LIST 39 SCHNEIDER/SQUARE D CAT PE10 SUBWAY, CABLETRAY, ETC LIST 54 SCHNEIDER/SQUARE D CAT PE1A MERCHANDISED PNLBD/SWBD LIST 60 SCHNEIDER/SQUARE D CAT PE2 TRANSFRS LIST 60 SCHNEIDER/SQUARE D CAT PE2E ENERGY EFFICICENT LIGHT&XFMRS LIST 49 SCHNEIDER/SQUARE D CAT PE4 MOTOR CONTROL CENTERS LIST 31 SCHNEIDER/SQUARE D CAT PE4A MERCHANDISED MOTOR CONTROL PRODUCTS LIST 49 SCHNEIDER/SQUARE D CAT PESA DIGEST LISTED M.V. SWITCHES LIST 57 SCHNEIDER/SQUARE D CAT PESB MEDIUM VOLTAGE FUSES LIST 57 SCHNEIDER/SQUARE D CAT PE613 LIST 39 SCHNEIDER/SQUARE D CAT PE6C LIST 39 SCHNEIDER/SQUARE D CAT PEED POWER DRY VPI TRANSFORMERS LIST 31 SCHNEIDER/SQUARE D AT PE6E LIST 39 SCHNEIDER/SQUARED ICAT PE7 I-LINE PLUG-IN UNITS LIST 2 SCHNEIDER/SQUARED ICAT PE8 1 LINE/IIBUSWAY, PLUG IN UNITS FOR O LIST 2 Page 184 of 600 SCHNEIDER/SQUARE D CAT PE9 WIREWAY, SERVICE FITTINGS LIST 25 SCHNEIDER/SQUARE D CAT PL1S SEPAM PROTECTIVE RELAYS LIST 13 SCHNEIDER/SQUARE D CAT PL1T PLUNIV&TECH SUPPORT LIST 2 SCHNEIDER/SQUARE D CAT PMI POWER MONITORING AND CONTROL PROD LIST 8 SCHNEIDER/SQUARE D CAT VJC1 SCADA SOFTWARE LIST 2 SCHNEIDER/SQUARE D CAT XV LIST 41 SCHNEIDER/SQUARE D ALL OTHER SCHNEIDER COMPANIES& PRODUCTS LIST 2 SCHNEIDER/SQUARE D MISC. SCHNEIDER PLC& LOGIC PRODUCTS LIST 5 SCHNEIDER/SQUARED SCHNEIDER SQD ENGINEERED PRODUCTS LIST 5 SCHNEIDER/SQUARE D MISC. SCHNEIDER AUTOMATION PRODUCTS LIST 10 SCHNEIDER/SQUARE D SCHNEIDER SQD SERVICES rOST+ NTO 26 Page 185 of 600 U z Z C) U) z_ (n U LU LU z U) d ~ C7 z U U) U) ~ } O 0 J - z z } x U) a J a U) } O u) LU z d O o � =O d Z) 0 C7 O z (D z x ¢ a J z a a U z x O p w r r w C7 C7 C7 z J O O z U S O � c7 c7 z z z xs r o p c7 U z J J O d d J J U S S S (S� Q (� z LL - 0 D D C7 C7 C7 � J Of z = g J LU 0 O O O Of a' Q J J J d W W = W J J t Q (n (n (n W W W W W W ~ JJ W d U U U LL LL J z 0 LU w w w w w w w w w w < O C7 C7 Of ryOf Of Of O Of (C) a a a a a a a a a a a a a a a a a a 4- N O W_ (C) J co d W cn 0 U Of C7 J41 o o cD z OC = W N QZ a U 2 E U O U cn O U z V .- 0 z � - z J Vf 4a a cLU n o?S H V g v U) w z O a z LU O z S z_ z O w Q Q Q j W W c� a (D `� C)) �' o a c� 0 U a O O o J z z L z w } J 0 ¢ xs z OC V -0 F- p CL w J _ = O U = z Q m O a S S N N 0 N U)) Q w C7 U vim) z 0 O } z OJ U CD CD 0 > W U D O I- a' a' J J Z Q Z Z J J U W J W Z U) Z) Z) J D Q a a Q 0 0 0 0 0 0 0 0 W ��yy Q Q Q m U D D D w w w w w w w w w w y� V N J J J J J J J J J J J J J J J J J J N WC m r' v � °' a m H Z x w LL -0 N LU LU p a� O U H z Z V v) Q wa m Q < ,� N z V) Ofa Q C7 U) Q z Q � z +D+ z U U) a z C7 0 Y 0 0 V > O z O S (D U - 0 LL U z � a LU 0 o a z W ~ ~ z c� = o LU U Z - U C7 J U 00 D I~- W W Z Fwo Q U U 0 1- Z_ Z_ U W w �_ O x W J m W W U x > > > > J J J m m J ~ J � W W LL LL O J a a cn cn d W Q J W W U) �- W W Q W W N } } } } } } } } CL Q w O O O x of of N a U U U U U 0 w w w w w w w w w w w z z z z z z z z z z z z z z z z z LU W W W W w w w w w w w w w w w w w F S J z p U = U Z (� Q J m ZZ = Z w D Y Z Z U �- ZpZ L�j,J J ~ J a a x z F O J }S J ¢ J - 0 c7 (D = W U w p C7 w C7 = C7 S w Z Z a } p r m D � z Z Z Z F O Z w z U S Q (D J I- J 0 D W = O' W x J = I- W N U J 0' d Q m Z O U (.� 0 Q C7 (� 0 -j v ZO O V S J O 0 J J J Q O J O W o o N U) o 2 2 Z 0 OW O Y m °� ~ 0 N N N N M M M V V 00 Q Q U J J Z Z (n W O (D J Of Z J U U d < LU cn U p J CL cn LU U 0 ? w z OO O C7 J LU J (n z z O Z z z O� (D Q W J W z U) 2 x x z O S U O z U J z x Z < O U I- O J U) �- Q (.� (.� Z J CL I- Z O ~ J O J Z U (n Q ~ W U J J J Z �_ J r S F a' S O U S J } o5 U) x LL W J J J x J I- O (.J x I- C.I (n J W U J W OOf 000 O J Q Q Q --, W W = C) J Z J } U W U) Z_ Z_ Z_ J 2' W Z Z Z J > > (� Z U O J C7 O J > I 2' � W F F F W a O O O O W i5 i5 J Z O J O g D m � � w S S S > - - cn cn cn cn cn U) - w x - = W O O W Q U I- J U (n (n (n W W W U U 2 .Y W U U Z Z J ~ O U C7 C7 C7 U > > W W W W W C7 x Q a W W W W U O U w a Q J J J Q m p W W 0 LU W (.� (.� 0 � � J J a U) ~ I- p LL U W O Of Of Of Of Of Of Of of of of of of of of of of Of Of Of Of Of Of Of � LU 0 > > > co a a a a a a a a a a a a a a a a a a a a a a a a a a a a a 4- 0 rl- p co L O N a (6 } O Z U Q p d z J U U } W (D Z Z Q U O O Q O = _ p O C7 p O O � Lu W S U J p C) w U < O z cn U ~ ~ O z O O w Z } � z J Q Z O O z p z U x C7 x (D (D z - Q J Q w U) a z O z U) J W O o Z Z 0 O w I- U w J p ( r U) Q U W 0 p J S S W x z Q Q < Of> > O � O z > r J m Of z U � LL z c7 c7 z O > O O O O >Q SS >O z � O O a Q Q Of Q m Of O J J J J J d Of (n (n U) > > > N U N Z O d Of U) I- > x m U p (n p p p p p p p p p p p p p p p p p p p p p p p p W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W 0J J J J J J J J J J J J J J J J J J J J J J J J J J J J } U Q a Z Of } U p (n W (D J U J CJ L (an O J z z (~n (n p W z o5 O Z Z U LU (D x U U) S c7 z < U Z) Z U Of U) Z U Ox C7 C7 Z C7 C7 Q Q 1- 1- C7 W Q Z z Z I- Z U W J J d U Z J W W Z I- I- p 2 2 z o5 Q Z Z 2 u) LU -Z Z w LU LU W W Z Z LU LUW ( U` (n O ~ Z LU LU LU p Z S (n Z_ Z_ ? 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Oo z O } O z w a U z z z Z U 0 = z z ~ } = vi z z ~ O O C7 z F a - S z O W Z z a x S U U z w C7 S x w LU _ - z O a C7 z S S z C7 - - = Z z - Z) U` 2 N N S C) W W �_ J J LU Of J J Q Q S J J = = U Z J J J Z 0 S S U } � I- X X J > O U I- Q 0 J Ur Z M W J J J W W S Q Q J S Q W Z Of Of ry O O O J W Z 0fj J O O J J Z Z Z Of Lu O Of a cn z O a a a a cn > g - - - U c7 °� r Q U U m m O O O O E U U U w w w w w w w w - J z a Of a - - - - - - - - (O - >> > > > > > > > > > > > > > > > > > > > > > > > > > > > 4- 0 ti O N ULU N U J Of p O O J U p z vi w z � U U w J Q o O U) -j z p - c7 Q Q � z � m W 0 � W � IW- } a � 1- Z I- p J 0 W J 2 U W O U' 0 C7 } p z z z C7 z d z F IZ-- IZ-- Z D U` z U 2 2 w E z = m 2 ~ a x S O_ U z_ = J U W - O S > 2 F LU 0 0 h U J h 2 U) J W z LU J Z of U 2 J � 2 U J W J J S a' S (� p I- W J ~ LU J U J x Q h w w J x Z C7 J Q J p g J x W W J U U W Q O w Q U g LU CL J I- - O J p W U 1 J J 2 2 O z � � Q Q Q z JU > > p } Z (n I- W W a Ci Q I- I- I- I- I- I- h I- Q m m U U U` J J J J J 2 Z Z Z Z Z Z a a a a a a a a a Of Of a Of Of Of a O O O O O O O O O O O O 1 O 1 O 1 O O O O O O O O O O O 1 O 1 O 1 O O Of O CL Of U) -j U O z a U) z z - z O O U) O0 z O U W z O O O o } z 0 _ U) Q U) Of z Q z Z F- � J cn - U z z z O z z z O (D x a p W J U) S S S x U` Of S S U) 0 F z W J O p Z z W z U U U W Z_ U U W S I- p U J U U` 0 I- P: I- Of �- U J J J U Z Q Z) S S U) LU of W W W W = LU0 J 0 0 } Z }J U` 0 of h U O W = Z J 0 (� Z Z h h h h J qW Iq- Iq- 2 (n U` I- w 0f W U` p Q Q O 9 p W W W S-JOF2 J J U (n o J J J 2 Z a J a = (n �- O o Z Z > > > > C7 C7 C7 J J J Z z a a a a a a a Q W O a a W O O O O 9 w w w w w w w w w w w w w w w a a of w w J J Q X z z z z z z z z z z z z z z z z z z z z z z z z z O O O a - - - - - - - - - - - - - - - - - - - - - - - - - - - - - z U U Z 0 U -j Q w a � r Q O x oz -j w O a a U) � z z W U a O ¢ ¢ o O Q O vi a D a w U CD CD LL OU O U Z Q � Q U) z z z -j 0 = U Z-- Z-- 0O Z S S a z o a z z x U z vi J of � c7 c7 0 0 a U S cn = Q p = W a' D = Q U U U) � ? p p p p ~ ~ U Z CD z J Z 0 U` a U U` p z ol p U` W I- I- > J W W W W Z Z F Q F W J g I- J J X a W J Z Z �= I-LU -jJ W W W W J J 2 2 �- 2 p z a gLU2 C7 - - J W U U O O x a a a a a a z z w J J J O J Q > O � a p w w U U a r r w w w w x Q Q w J LU W W Q C7 C7 Z O a a 0 cn cn U) cn > > > > > > X J O p p p D D D D D D D D D D D D D D D D D D D D p p p p p p S c� J Q W J O 2 - U C7 0 J p J z ~ Z O O U) O S S O a U C7 U Q ~ Z ol LU z O J O x W Z U 0 O w Z J z U) xU O - S O z - U C7 - z J J z Of Q = z z J z x J (D � � I- z z U (D Of O C7 (D C7 C7 �- I- I- (n S J 0 Z W W Q 2 2 0FFz Z Z I- ~ Z h I- U Z (n W z 2 2 W .: w I- W C7 C7 x J W O x O O O 2 (7 C7 (� x - S x x Z S �_ S E t � W J J O X Of W U C.) of U U J J (D S (D (D (_I W (D J Q U = Z Q W zzzzzZ J d J J J J J J J (� J J J J O Q O O O O O O O v~i v~i v=i v=i v=i v=i v=i > > , 0 9 J J ? z Un J " N Q Q 0 > > > > > > > > > > > > > > > > > 0 0 0 0 0 0 0 4- 0 co 0 N U � O (6 U O LU Of p z O CC) a u = z a U O z w LU U` (D _ Z) O 2' 2' Z = J (n LU W � 2' 2' z (D z z 0 U Q 2 Z O J d Z Q } Q Un 2 Un vi x Q z Q Q Q W a w O x U) O Un x Q Un Un a g } J W = z z Q C7 � Q O o vi Q a z ~ O z Un J C7 Of W O J O } } U O = U) 0 x O z � Q C7 C7 C7 C7 U) = J U - Un Z O 0 Q Ur J Q m U w (D J J J J J = (� Z (� 2 W Z Q 2 J O J W 90000000 J z O J co O O O J Un � � W Q }O} J U U U U U U U U U U U U J Z a 2' 2' E 2' 2' Un Un Z) Z) > X Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q O O O O O O O O O O O a a a a a a a a a a a a a a a a a a a a U) } W U J Of > 2 z 0 W 0 U` Z } Z Z J = ~ W W m Z Q Q J z Q - C7 Un a z U) a .5 p g z m z 2LU Q U Q J - O O O O z U Q Of Of O S x U CL-j O < o z U = a OU vi z Z i (D C> z a Of z O (D C7 (D U < Z L = W a Z � Z) < S U z W z = � O = � Z J Un °� (D 2 O a 0 L w J r U C7 O a x LU ~ - ~ W J W J > O x U O C7 ~ J Z U F U Q � C7 U S x p W w a LL Z Z U Un Z O z Z Q Un Q Q x J W 0 O Un Q O C7 D x a 0 O O °u Q O U a = w W 0 W z z z O W J >� O Q O 0 0 Un Un Un Un U) O CD � Q Z J w Un > m 2 Y Y Y w w w O > J O Q U Q O xs xs xs U S Un U U U g � Un J (D E of of cn Un cn r r > Q Q Q Q Q Q Q Q m D C7 z U x Z Z J Z J z J z C) � J z z W Q } U W = O 0 (DQ Q 2' LL Un CL U z J U Z) Z z Z C7 (� 2 Q z 0 O ZO CD Q w � 0 2 O 2 z = a O a z Un z) z Q J - z Un U p 2 Z W p 0 O O D O Z UU' = O D 0 W LLL d z U 2 OCA O D ~ 2 C�'J w w �_ z w w C7 C7 vi Q O Z O z zLU � Z a Q S 2 C7 z ~ S Z Q Un a ~ z U z Q L- J a z (� ~ Of C7 W 0 JCL z J x 2' W (n (n 2 Z W 2' h J J J I- d m J Q Q Q 2' 2' L J W 2 W U` W = Un O � U` z 0 Un Un U Q m W Of z O U U U > >co co Q O Q0 of _j Q J U) w w x z m U p w OF Of S a Q p J o o O J R O 0 2 Q I- J J Q O Q Q Q Z LLL O m J J J I- I- O O z z z I- - > > Q w w a Q Q Dfi- z z z C7 C7 C7 Un Un - - O O O O O O O 0, � � Un > > > > } } } N m x N Q Q Q Q Q Q Q 0 0 D 0 0 0 0 0 0 0 0 0 D 0 0 0 0 0 0 w w w w w w w w LLL J O OOf ~ Z W Z z O U U U) -j () U } LU Of C) O cn J z U O a LU p (DC) (j z z z < z O O ¢ a p F 0 Z z z S S S a U p U } (� - C7 J J S O C7 C7 - C7 C7 C7 Z W Q Z O w - w - Q U) J a F F (D O Q Q Q Q Q O 0 0 2 Z UQ (� W x Z = W Q C7 U` U` I- (� O z m J (� U) J z z r w z J J ¢ > O O O p S S S J W W Q Y Y W Q I- Q 2 I- I- I- m (D J J J J (.7 C7 C7 ~ ol � W S W (n (n Q S W W W J J J J Z m (D > > Q Q O > (� p C7 Q Q U Z Z Z Z Z Z Z Z O O Q W J U Q J O O p Of Of ol Of Of Of 0-1 p p w wLU w w W z Z L- U 0 C7 IU- IU- p I- LU LU LU LU LU LU LU 0 >pJ >� >� >f >f U) I>- I>- I>- >> >} > >W >J >J >Z (>n (>n ((D ((D ((D ((D ((D ((D ((D ((D ((D (D (D '0'^^ O 0 N N U U) � z Z U (� O z z U) 0 w O w O (D a U z z Q C) ( c7 z o O = z_ z_ z_ LL (D (D Z O z O (D I- I- J a z z (� (� a O V) J x x 0 w Q z z a p ¢ O ¢ _ _ z U 0 2 , ¢ Z J J O z_ LL z_ w 2 2 Z x U U U J U 2 U U S = Z I- Lu o W W W O U Z I- C.) Z Z (� z 2 Q Y J J 0 � p0 I- U) � Z U U U d Z Q � U) J J Z J U) I- U = W I- (n Q W W J J 2' S d I- Z Z Z W J Z LU z p r x 2 (� } } a U) (� a - 2 2 2 x W Q 2 U) O Q S O_ p J ¢ ¢ w v) P r w p z z O of of � c7 (n Fn (D g U 0 J O r w S S J U Q O Q U J O O O J O of a 2' 2' 2' 2' 2' 2' 2' 2' I- I- I- } Q Q W U J 2 Z Z Z 2' 2' 2' 2' 2' I- Q J a a a a a a a a a a a a a a a a a a a a a a a a a a a a a Y Of (7 W Z CL U) Z 2 a a c7 a Of ? (n w (=n U } (� U z r O z pLL U Q a OU � U (~n z W C) Of Q (� U p z U) (`I O z p U J pOf z ? of Q z p U Z) z (D ~ z U p g O LU a (D w Q z U U z Q x Z (D z U) O x (~n � Q >_ 0 J i- ? z W w (D U �- z (`I Q } of (D 2 p U` Q 2 W J O J d Z Q (n (� J I- x U (`J (`J U` z Z Z Of (n W U I- W h O U` � C7 ( z Q S w U (D z J Q J Z z z z J r w g U) S x z z OU z LL (D O W O O U` Q Z Z F J Z W Q �- I- I- p w U` �- x d Y J 2 (n I- I- S Q U` S S S U_` p Q x J S S C7 z Z (� C7 C7 Q J U ~ Z J Q w 2 } J Q O U) lW -J O J J J Z Z O J � S Z z (n (n o5 O > m U p J Z Z Z D w w w z O O O a a a r > > > > Z O CL 0 U Z) (D z 'If Fz U O 0 C7 of z U J (D z J ~ z z ~ z J U (D Of - z O (n w E J ? U) (n z } p z x p ~ gLL z U p U) (� z w Z I- Q O =Of 0 0 z U a C7 C7 U) J Q U J F- U) OJ 0 2 0 0O LU a p W p x �- (D � O U LU z Of z U w = _ (D F O p 00 w > (� X z w U z I- Q w �- 2 2 Z Z J J W U LU O O x U = x J Z U (� F U) Q a w w z S U z x w U 0 - Z (� W W W J J S J ~ W W J U) U) of O (� J d Y_ O U J J W W W W x W U W Z Q P: J p 0 Z Z Z OJ J L- U U U U - I- U` ~ I- ~ Q O 2' W Q J Z Z Q Z 2' Z O O O W O O a a a a J W J J J J J z d (n (n > W O O S z Q r r r S S S J J J J O O O O O O O o O O O O o � � t u) Q Q Q U U U U U U U U U U U U U U U U U U p 0 0 0 p p p L< w w w w w w w w w w w w w w w w w w w w w w w w w w w w Z O Q O U O z CL C7 Z _ O U) U = Z C7 LU p Z Q O -j U Z J J - U W J O 2 Z J 0_ Z_ LU O Z -j O Z Q Of U - 2 Z S ?_ Z J o Q ~ U O O > x = Z U } w J z r J J z Z LLL � Q C.7 W U xI- g w O p p p U C� LL Z J cn - C� w S z J C� p J p CD Df ¢ O � p O ¢ o w w Z � } w w W J Of O o � x m ¢ - LU cn LU (D Z a J w w w OJ 0 z C7 W m J cn p W O h h h h h W W h J W p p U) O I- pW LU J O O 2' 2' 2' Z 0 (� (� (� (� (� (� > > Q p W >W >W >W >W >W >W >W LU >S >S >2 S2 > JJ_ >J_ >J_ >Z_ >Z_ of of> JJ >2 >O >O >O >O >O >O Z) O O r N N O � Q -j F (6 U J CJ U w CJ O w = p= _ = Z Of z QU Z (D - C7 O x � x U Z CD U J W o J J U p F- J Z Z Z J U W Z Z Z W LU W = Ur O U z Q U z } ry ( � U` Z m z � Z Z Z U (n Z U X p 2 U` p U Z Q J h I- W � I- I- I- W p } p F O p S U I- Z I- W U p 2 O Z I- U` W 2 2 2 J p d W 2' W Z W 2 (n W O O J U Z z g 9 9 9 I- D O p z O d J J w w > Z J oo W � (n (n Z I- h CL W J J J J J X X X X W O J ry Q LO p U U U S Q U) a a a a a d W W W W (n U) Q O W -j Z Z U) Z-- ~— J O CJJ J J J J J J J O O O O O Q Z ~ Z W Q Q Q Q Q Q Q Q U U d S S S S S S S S S S S S U Z Z O X J J J J J J J J J J J J a a a a a a a a a a a a a a a a a a a a a a a a a a a a a U z Z _ } U 2 Z J Z d_j Z z O Z) w_ O O w U a cn O U r U cn U` I,- (� U U U (n Z I- W ULL J U Z w O F C7 O w a vi z C7 Q S � Z _ ¢ ? U z Q a = Z z Z z x � U a = }} - S U w F �Of U S O - J o o h `u x Z h W U` U` 2' Z Q U W J Z J U DfLu x g Z ZZ U W J Z J I- F Z - 2 W h LL J U m - �/_ -j J U S S O J Of = < Y = J O Q x of Q U � d p Z Z = S J J W J J W Of 0 W W J J LL Q O J 2 0 J J W Q W Z O J Z } } } U x Y p _ J m 0 U` U` O (n Y Y Q W Y � W Z Q Q OW } Q W W W W U` U U p J Z Z Z Z Z 2' Of J J J O O 2' 2' 2' 2' (n Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y U O J Z z (J O O O C O w a z LU z F- o w < Z Q 0 LU z = U) O z W J U` h S O �- Q O� Z S Z Z Z O W U J Z U) 0 U` U U Z z Z X x W J U 2 2 W Z �- Z W Z_ J p W Z U 2 M C7 C7 x x J Z p ~ Z Q O w 2 0 � Z J ~ } J J Q S W Z Of Q (n F � (� I— 0 �' Q w J J J J Z U U U Z Z Z Z U - Q U x a 2 a J Z Z O w p U _ J C7 U p Q Q U X O O O O Z W W W W (n U U) 2 W o Z Z Q W 2' 2' 2' 2' 2' Of 2' 2' cn x J c7 O J J O J J r r r r r r r a Q O a z = Q O O 0 w O U U U U U U U U W W W W W ( U` U` Y Y Y J J J J J J J pJ pJ J J J J J J J J W W W W W W W W W W W W W W W W W W W W W W W W W W W W W p p }J U p U � J a z U) U p Z J J U J U U U Z W W U J } (n O J C7 U) U) U) F O O ()fz O W 0 = z a = p p a v 0 LU LU z_ z z Of z Of O c� Z) z S _ C7 J Q Q U J � I- Of = x C7 = Z Z = Z p C7 C7 J U ~ J C.I O O Q J W C.I S CJ J '- CJ z ~ U S Z �- J J z x w z C7 C7 C7 C7 O J z J W O W C7 x m U O J J O r r J 0 w O c7 0 J r J w O O z z w Q ¢ ¢ 0 cn O O S S Y z Of w m J ¢ a p x 0 r J r O QJQ w U P- P- J O w w J J O O O QzQ QzQ O w Q J J O O > > O X X X X X } } } } } } } } } N N N N N N N N N N N 4- 0 r r N N 0 U �U) Z Z U) UU) a Q Z Q O J J U z z J Q O) = a O a w z } O F U) O Z) O = Z Q U = cn a } - w C� J O c7 } U U c7 U) 0 w a O z J Z t a z O U z r U) z W Z O a z g Of x F } ~ U` �= U 0 ~ I- I- U I- O 0 I- U W U U 2 J Z p .a = Z I- S J Z W p O Q Z m Of U) U O W d Z p Q J 2 LU < Wzzz LU J r U) x C7 0 z 0 OJ � + O O) x OU J cn cn cn W O O O J W Y O J �- O J > WW >W Lu >W >W >W >W U O U U U U Z U U Z J J O 0_ U) > > > > > > > > J W W W W W W J J J 2 2 O O O O O O O O O O O O O O O 0ff)f f)f f)f f)f f)f a a a a a a a a a a a a a a a a a a a a a a a a a a U Z O z } U O C7 W Q Of O 0 O Z O U Z LU p Z Z U CJ Z U x Of Z LU U Z Z Z Zzu z u J Z W I- U < W Of LuC7 Z OJ UW 9LL _ 2' = Z Z_ O Z �- Q U` U W x p Z O W Z I- (n (n O Y (n J W h W J 2 Z J W U) p O w 2' x O w W x 2' W p Y d x J (n U` -j Ofo � U W U ~ 0 d Q J U I- J U` W Y w W W J = 2' } h_ S x J W J Q W >U J d Q U J Z 0 J Z J Q > O Z d 0] J (n LDO O U` w I- > Q U (n (n W U W W pf Y Y Y Y Y Y J J J J J J J J J J J J J J J J J J J J U) U x U) O U U Z m N 0 Z O Z O O o O U) < � z = w z a U U J = Q JO a cn U C7 ~ z > Q U` OO O U U` U` U Z 0O U 0 -jo a w Z J a - Z Z Z > _ > W z J Z x0 Of LU O cn z S S w C7 p O LU U W 0 J Z la U la Z U S J J J W Z a. J Z J Z I- Z = W Z J (n Z I- p U U U (n I-0 LU LU Q Z Z = Q U Z C7 OJ = U (� p Z Z Z Z J Z Z Z �- d � Z Z W U) Z J d J W W W W ' O J Y Q W 030 x W W J d W Z W X " O O O 2' 2' 2' 2' 2' 2' 2' LU w w w O C7 Y O a p p U U U U w w w w w w w J J J J J J J J J J J J J J J W W W W W W W W W W W W W W W W W W I W I W W W W W W W O O O 4- 0 N N N O1 6.D. CONSENTAGENDA 5/11/20118 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: Approve utilizing the City of Bartow, FL Bid No. WD-2018-04 with American Water Chemicals, Inc. of Plant City, FL for Corrosion Inhibitor AWC A-782 for an estimated annual cost of$40,000. The City of Bartows procurement process satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: Bid Term Extension: April 13, 2018 -April 12, 2019 The Utility utilizes a corrosion inhibitor to prevent problems in the water distribution system pipework, in particular with both lead and copper. A small quantity of corrosion inhibitor is added to the water to provide a protective coating preventing leaching of these metals into the water supply. The Utility regularly performs testing of the water form customers homes to measure the efficiency of this system. We have always had good results. One such test is currently underway. The Utility is seeking consent to piggyback a recently bid contract by the City of Barton which will enable the continued use of the same inhibitor that has been working satisfactorily heretofore. The original bid term was April 13, 2017 to April 12, 2018, the City of Bartow has extended the bid for the time period April 13, 2018 to April 12, 2019. The previous years expenses were: FY 16/17 $34,875 FY 15/16 $31,500 FY 14/15 $36,000 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will enable the continuation of the ongoing and successful program to provide proper protection of the water distribution system. FISCAL IMPACT: Budgeted Funding for this material was approved in the annual budget under account 401-2811-536-52.35 ALTERNATIVES: Do not utilize City of Bartows Bid and issue our own bid. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 213 of 600 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Extension WD-2018-04 D Attachment Vendor Agree to Piggyback D Addendum Bartow Bid 2017 submitted Page 214 of 600 April 13, 2018 American Water Chemicals, Inc. Attn: Ms. Veronica Varo 1802 Corporate Center Lane Plant City, FL 33563 Re: WD-2018-04 Annual Requirements for Calciquest Extension Letter Dated February 14, 2018 Contract Period: April 13,2018—April 12,2019 Ms. Varo: This letter is to inform you that your Extension Letter dated February 14, 2018 for the annual requirements for Calciquest 25/75 has been officially awarded for another year. Enclosed for your review is the bid tabulation from 2017 and a copy of your Extension Letter. Your participation has been appreciated. Please visit our website at www.cityofbartow.net for notice of any future bids. Should you have any questions, you may contact me at (863) 534-0141 or via email at dking.purchasinggcityofbartow.net. Sincerely, Deborah L. King Inventory Control/Admin. Assistant Purchasing Department Enc. 450 North Wilson Avenue • P.O. Box 1069 • Bartow, Florida 33831 • (863) 534-0100 Page 215 of 600 0 ELL O O N O to cUU� N A M N N C -�l c O � N N O O O ccs Z } Z Z CU Q = Q = M Q. w Q L O J M U to M cn c c U M O O L col L -0Z >- Z Z U a U C; t O O CO C/) _j 6 LL C) -6 0 o cci rn �- cu cocu Z Z Z C i EF} O "O � 01 M - O O +r a1 M N N m O O Oj C -D ._ O O U L N I- W U *- -ad ca v U 'm m E E 0 Lry J Q U M U i L r L >. O U N Z Z Z C: 69- cul V a cu N U Q Q O c6 Q O U cu O O 4- 70 O O cu L O U L cu E Q O 0- N M LL O N U) U L O O O cu L N N .. I` U � a O C r0 7 Z ca i C W 0- m N O U O Q Q U m > U i U QU UO H cu O H a d w Page 216 of 600 o .. V- N N O c .0 F- a U a U cLa � a co � Q M °� °) U C ch U o �. �- a) o 0 00 C N N oCL" -0 Z Z Z o V � N LO V- ' ^ n vJ L L Q- Q Q� � r .. O f6 N U M mCL L %O -6 0) OC Q toN LO -W + m LO _m N 'U 'O L m N vii N N O d N V L O Occ i O a- O N N O j O _ E p) N m �' LL 4- j C) m 0 m Z .� o C t5 cu Q cu U m � C E Ui U C QU LLL H H W U Page 217 of 600 r � y i #E0 February 14, 2018 Ms.Veronica Varo American Water Chemicals, Inc. 1802 Corporate Center Lane Plant City, FL 33563 Re: Bid Number WD-2017-04 Annual Calciquest 25/75 Contract Period: April 13, 2017—April 12,2018 Ms.Varo, The current bid with American Water Chemicals, Inc. is due to expire on April 12, 2018. Although there was not a provision in the bid documents for an additional one (1) year extension, the City of Bartow would like to extend the offer to you at this time. If accepted the new bid would expire on April 12,2019 and would become Bid Number WD-2018-04. Please check "yes" or"no" at the bottom of this letter, with your signature and date, as to whether you are interested or not in extending the bid for an additional one (1) year term. Your response should be received by the Purchasing Department no later than ten(10)business days by mail,P.O.Box 567, Bartow, FL 33831-0567; fax(863) 534-0135 or email to dking.purchasing@cityofbartow.net from the date of this letter. Failure to respond will be deemed as silent evidence that your Company is not interested in renewing this bid and it will be put back out for Competitive Bidding. If you have any questions, please feel free to contact me at(863)534-0141. Sincerely, Deborah L. King City of Bartow Purchasing Department American Chemicals, Inc. would like to extend the bid for the Annual Calciquest 25/75 for an additional one (1) year term at the same terms and conditions. V Yes No ,,,/ 1 1 Signature Date Al r Printed Name of Signer Title of Signer Page 218 of 600 Technical Specifications for Calciquest 25/75 1. General Conditions 1.1 The material to be provided under this specification shall be Calciquest 25/75 or equivalent, approved for potable water treatment, and listed/certified under the National Sanitation Foundation NSF Standard Number 60 - and AWWA Standard for Zinc Orthophosphate, AWWA 8506 latest revision, and shall meet the requirements contained within these specifications. 2. Product Specifications 2.1 This material shall contain no substances in quantities capable of producing injurious effects to public health or water quality. Calciquest 25/75 is a stabilized blend of long chain phosphates. The formula is proprietary to CalciQuest Inc. 3. Quality Control and Testing 3.1 Sampling and testing shall be conducted in accordance with all AWWA and ANSI/NSF Standard 60 specifications current revisions. 3.2 The supplier of Calciquest 25/75 shall furnish unopened, new 55 gallon drums of Calciquest 25/75 as filled at the manufacturer. 3.3 The Purchaser, at his option, will test and analyze a weekly composite sample of the material delivered. The major tests will be for minimum percentage of phosphate content, polyphosphate content, and orthophosphate content. 3.4 Should the purchaser desire, or should any test by the Purchaser or the producer indicate that either of the components tested for, fall outside the guaranteed range, additional testing of daily composite samples taken during and over a one week period of the time indicate either of the components tested for fall outside the guaranteed range, then that percentage falling outside the guaranteed range will be used as a percentage reduction of the unit cost of the total material delivered during that period. 4. Guaranteed Supply 4.1 The Seller must guarantee that he will maintain a supply to meet one (1) months average usage, which supply will be dedicated for use by the Purchaser. If the Seller's inventory falls to such a point that he cannot guarantee this dedicated one (1) month's supply, immediate notification, in writing, must be made to the Purchaser. The Purchaser may then elect to secure another guaranteed source of supply. 5. Purchase and Delivery 5.1 CalciQuest 25/75 shall be delivered in 55 gallon drums, as ordered, and unloaded at the City of Bartow Water Treatment Plant. The Calciquest 25/75 is to be delivered by truck shall have all markings, tags, labels, or numbers as required by FDOT. Shipping shall be in compliance with all applicable local, state and federal regulations. 5.2 Deliveries shall be made between 7:00 AM and 3:00 PM on normal working days (Monday through Friday) or as otherwise approved by the Bartow Water Department. Calciquest 25/75 shall be shipped within 24 hours after receipt of the order, or as otherwise arranged between both parties. The Bartow Water Department shall be sole discretion as to when deliveries are to be received or rejected. Page 219 of 600 5.3 All deliveries must be signed in at the operator control room. 5.4 One Material Safety Data Sheet (MSDS) must be attached to the bid submittal and all delivery tickets referencing the City of Bartow's Purchase Order Number with each shipment. 5.5 Delivery shall be made, FOB Bartow, FL, to City of Bartow Water Treatment Plant located at: 2500 Hwy 17 North, Bartow, FL 33830 (863) 534-0159. 5.6 If bid is awarded to supplier other than current supplier written notice will have to be given to the Polk County Health Department and must be approved before use. 6. Quantity Required 6.1 The quantities to be needed by the purchaser are: 40 -55 gallon drums per year. 6.2 Variations in these quantity requirements may range from 80% to 120% of those projected, based on the conditions of water demand and method of operation of the Lime Softening Facilities. 6.3 The City of Bartow water Treatment Plant will be responsible for regulating the usage of Calciquest 25/75 and will endeavor to keep the Seller advised of the immediate and future needs of the material to be supplied hereunder. 7. Qualification of Bidders 71 Bids will only be considered from manufacturers or manufacture's authorized distributors of Calciquest 25/75. 8. Suppliers Responsibilities 8.1 The Suppliers shall not permit any alcoholic beverages or illegal drugs on Owner's property. Any person showing the most minor symptoms of alcohol or drug use shall be immediately removed from Owner's property and shall not be allowed to return. Likewise, the Suppliers shall not permit and firearms to be brought on Owner's property. 8.2 The Suppliers shall assume full responsibility for their employees" conduct while on Owners property. 9. Emergency Plan of Action and Safety Training 9.1 The Awardee shall provide, in writing, an emergency contingency plan, with appropriate telephone contacts, for the City to follow in case of an emergency supply of Calciquest 25/75 is needed 9.2 The Awardee shall supply, in writing, an emergency release response plan with the appropriate emergency response personnel names and telephone contact numbers (24 hour contact numbers) within 30 days of award and acceptance. In addition, the proper release response notification procedure, along with any forms required by all local, state, or federal regulatory agencies, shall be supplied by the Awardee of his responsibility to notify the proper regulatory agencies of a release incident. 9.3 In the event of a release or leak, the Awardee shall supply the necessary personnel to respond to such an event, to work with the local Hazardous Materials Response Team and to manage and oversee "After Event" cleanup. Releases or leaks of any type caused by Awardee's personnel, equipment or method of delivery, Awardee shall immediately comply with all applicable terms and conditions of the current version of Title III, Page 220 of 600 Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C.S. 11001, at seq. (SARA) and the Florida Hazardous Materials Emergency Response ad Community RightTo-Know Act of 1988,CH 252, Part II, Florida Statutes. The responsibility for compliance with Federal and State Rules and Regulations regarding vendor caused releases shall be the sole responsibility of the Awardee. The Awardee. shall hold the City of Bartow harmless for any failure to properly report and/or comply with this provision. 9.4 The Awardee shall provide an appropriate safe handling training course, within the first month of the contract, to all current Water Department operations personnel and shall be available to conduct "refresher" courses, or new employee training, at six month intervals during the award period. 9.5 The Awardee shall provide technical assistance, as needed, regarding the application of its product, The Awardee shall provide this assistance at no charge to the City of Bartow. 10. Bid Quotation 10.1 Bid pricing shall be made as per 55 gallon drum delivered FOB at the City of Bartow Water Plant. Page 221 of 600 Howard, Tim From: Liberus, Leon Sent: Wednesday,April 18, 201810:29 AM To: Triestman,Ilyse Cc: Low, Michael Subject: FW:WD-2018-04 BID CITY OF BARTOW Piggyback Extension for AC A-782 Attachments: WD-2018-04 BID AWARD LETTER.pdf FYI Leon Liberus Chief Operator Boynton Beach Utilities City of Boynton Beach 5469 W. Boynton each Blvd. I Boynton Beach, Florida 33437 561-742-6953 I 754-367-75827 I 561-731-0065 liberusl@bbfl.us I http://www.boynton-beach.org/ America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. -----Ori ° essage----- From: Veronica V f lto:c tonersu-Dvobranechen-iicall.vomI Sent: Wednesday,April 18, 2018 10:28 AM To: Liberus, on Cc: John all;Jessica Owens Subject: WD-2018-04 BID CITY OF BARTOW- Piggyback Extension for A A-782 Hi on, Attached please find the awarded extension letter from City of Bartow. We would like to offer to extend piggyback contract for AWC A-782. New Contract Period is : April 13,2018 -April 12, 2019 Please let us know if you require anything further from us. Thank you, Veronica V Customer Support American at Chemicals(r), Inc Page 222 of 600 1802 Corporate Center Lane I Plant City, FL 33563 USA Tel: 813-246-5448 1 Fax: 813-623-6678 www.mernbranechernicals.com 2 Page 223 of 600 Proposal For City of Bartow Bid : D-2017-04 Annual Requirements for Calciquest 25175 By American Water Chemicals, Inc. 1302 Corporate Center Lane Plant City, FL 33553 Contact: Veronica Vara Tel : 513-246-5445 Closing Cate: March 9, 2017 Closing Time : 2 : 00 p.m. 0RIG1ag, of 600 Table of Contents Section 1 ......................... Bid Documents Section 2......................... Certificate of Compliance NSF Listing Section 3......................... AWC A-782 Safety Data Sheet AWC A-782 Product Data Sheet Section 4......................... ISO 9001 :2008 Certification Business/Occupational License State of FL Registration Sample Certificate of Insurance Page 225 of 600 CITY OF BARTOW WD-2017-04 ANNUAL BID PACKAGE CONTRACTOR TO PROVIDE CALCIQUEST 25/75 FOR THE BARTOW WATER TREATMENT PLANT CONTENTS: 1. Bid Acknowledgement Bid Notice— Legal Advertisement 3. Instructions to Bidders 4, Drug Free Form 5. Insurance Requirements 6. Debarment Form & Instructions 7. Public Record Letter 8. Bid Specifications 9. Prices Firm Form 10. Bid Form PLEASE NOTE THAT THE CITY OF BARTOW IS NOT A GUARANTEED AM DELIVERY AREA FOR UPS, FEDEX, ETC. QUESTIONS CONCERNING BID PROCEDURES, CONTACT DEBORAH KING, PURCHASING DEPARTMENT AT 863-534-0141 OR VIA EMAIL AT (Iking.ptirchasiiig(a),cit-*,ofbiirtow.net. QUESTIONS CONCERNING BID SPECIFICATIONS, CONTACT TONY MARTINEZ, "NATER TREATMENT PLANT AT 863-534-0159 OR VIA EMAIL AT w]2chief.watergeit.yofbartow.net. Page 226 of 600 t :k f February 13, 2017 Acknowledgement of Receipt of Bid:. This letter is to acknowledge we have received Bid 4 WD-2017-04. Please return this acknowledgement as soon as possible to the City of Bartow Purchasing Department, 505 North Mill Avenue, Bartow, Florida 33830 or e-mail to dking.purchasing(c eityofbartow.net. Thank you, Deborah L. King Purchasing Department REMARKS: American Water Chemicals, Inc. NAME OF COMPANY 1802 Corporate Center Lane, plant City, FL 33563 ADDRESS Veronica Varo, Customer Service TITLE (PRINTAND SIGN) 813-246-5448 TELEPHONE NUMBER customerservice@membranechemicals .cam E-MAIL ADDRESS Page 227 of 600 CITY OF BARTOW BID NOTICE Notice is hereby given that Scaled Bids, one (1) original and two (2) copies will be received by the City of Bartow Purchasing Department located at 505 M Mill Avenue, Bartow, FL 33830 up to 2:00 p.m. on Thursday, March 9, 2017 for Annual Requirements for Calciquest 25/75 for the Water Treatment Plant located at 2500 Highway 17 North, Bartow, Florida as specified and to be opened thereafter and publicly read at 2.00 p.m. in the Purchasing Department, 505 North Mill Avenue, Bartow, Florida. Bid documents may be obtained by contacting the Purchasing Department at 863-534-0141 or via the City of Bartow's website, LAww.citytarartaw.net. All bids must be sealed and properly marked"WD-2017-04 Annual Requirements for Calciquest 25/75" and mailed or delivered to the Purchasing Department at 505 N. Mill Avenue, Bartow, FL C. 33830. The City of Bartow will not be responsible for bids opened before the specified time due to envelopes not being properly addressed and/or marked as instructed in this notice. The City of Bartow reserves the right to reject any or all bids in whole or part and/or to accept or reject any items in the bid and waive any informalities. The City of Bartow is an Equal Employment Opportunity Employer; all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, or any other basis prohibited by applicable law. Small business including minority, woman and service-disabled veterans are encouraged to participate. Contractor to provide Annual Requirements for Calciquest 25/75 Per Specifications FOB Bartow, FL WD-2017-04 Legal Ad The Polk County Democrat February 15, 2017 February 2.2, 2017 Page 228 of 600 CITY OF BARTOW INSTRUCTIONS TO BIDDERS PLEASE READ CAREFULLY 1. F.O.B. Point: All prices covered by this contract will include the cost of transportation to the City of Bartow, Florida, 2. Acceptance and Rejection: The City of Bartow reserves the right to reject any or all bids in whole orp art, to accept or reject any items in the bid, and to waive any informalities and to accept any bid deemed in the best interest of the City of Bartow. 3. Taxes: No taxes shall be included in any bid price. The City of Bartow is exempt from state and federal sales use and excise tax. 4. Prices: Unless otherwise specified, all prices and/or discounts shall be firrii for the duration of the contract. In the event of price decreases the City of Bartow shall be given full proportionate benefits immediately at any time during the contract period. 5. Invoices: Any invoices at higher prices than the contract price will be held until proper credit memorandums have been received. Any applicable cash discounts that apply as the result of this contract will be taken even though the allowable time has elapsed due to the time awaiting credit memorandums. All original invoices must be mailed to the City of Bartow, Purchasing Department, P.O. Box 567, Bartow, Florida 33831- 0567. 6. Terms and Contracts: In order for cash discount terms to be considered as part of the effective bid price, time allowed must be at least thirty (30) days for payment. 7. 'Manufacturer's Name: Any manufacturer's name, trade name, brand name, information and catalog numbers used herein are for proposes of description and establishing general quality levels. References are not intended to be restrictive of any products that manufacturer may offer. The determination as to whether any alternate product or service is equal shall be made by the city of Bartow and such determination shall be final and binding among all bidders. 8. Specifications: Any deviations from bid specifications indicated herein must be clearly stated, otherwise it will be considered that items offered are in strict compliance with specifications, and successful bidder will be held responsible. Deviations must be explained in detail. 9. Long term contracts: This section applies to contracts in which purchases will be made as needed over a period of one (1) year or more. In this case, quantities shown are estimates of usage anticipated during the contract period and may vary more or less. Unless otherwise specified, contracts will be for a period of one (1) year from the date of bid award. (CONTRACT PERIOD IS FROM APRIL 13, 2017 —APRIL 12, 2018) Page 229 of 600 10. Placing of Carders: The award of this bid does not constitute an order. Before shipments or service is provided, the vendor must receive a signed Purchase Order or Purchase Order number. In some cases vendors will be issued blanket orders. In this case shipments will be specified on the order. 11. Performance: Efficient service is essential to this contract. Therefore, if determined that the holder of the bid is unable to meet delivery within a reasonable amount of time it may become necessary to make procurement from other bidders or suppliers. This will be determined by the City of Bartow. 12. Insurance: Certificate of Insurance and/or Workers Compensation must be ftimished where applicable. The City of Bartow must be named as additional insured. 13. Licenses: Businesses based in the City of Bartow must furnish a copy of the most recent Business/Occupational license. 14. Drug-free Workplace: Drug-free Work-place document must be included with the bid form. Page 230 of 600 DRUG-:FREE WORK PLACE CERTIFICA"T"ION Whenever two (2) or more bids/proposals, which are equal with respect to price, quality, and service, are received by the City of Bartow for the procurement of commodities or contractual services, a bid/proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of controlled substances is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number(1). 4. In the statement specified in number (1), notify the employees that as a condition for working on the commodities or contractual services that are ander bid, the employee will abide by the terms of the statement and will notify the employer of any conviction on or plea of guilty or nolo contendere to any violation of Chapter 893, Florida Statutes or of any controlled substance law of the United States or any singular state,for a violation occurring in the workplace no later than five(5)days after such conviction. 5, Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Section 287.087, Florida Statutes. This Certification is submitted by Rudy Canezo (Individual's Name) Treasurer of American Water Chemicals, Inc. (Title/Position with CompanyNendor) (Name of CompanyNendor) Who does hereby certify that said CompanyNendor has implemented a drug-free workplace program, which meets the requirements of Section 287.087, Florida Statutes, which are identified in numbers (1) through (6)above. 3/6/17 �—..._ Date /`r Signature Page 231 of 600 INSURANCE REQUIREMENTS WORKERS' COMPENSATION: Coverage is to apply for all employees for statutory limits in compliance with the applicable state and federal laws. The policy must include Employers' Liability with a limit of$500,000 each accident, $500,000 each employee, $500,000 policy limit for disease. COMMERCIAL GENERAL 1J/\131f.fTY—OCCURRENCE FORM REQUIRED (ContractorNendor) shall maintain commercial general liability (CGL) insurance with a limit of not less than $500,000 each occurrence. If Such CGL insurance contains a general aggregate limit, it shall apply separately to this location/project in the amount of$1,000,000. Products and completed operations aggregate shall be $1,000,000. CGL insurance shall be written on an occurrence form and shall include bodily injury and property damage liability for premises, operations, independent contractors, products and completed operations, contractual liability, broad form property damage and property damage resulting from explosion, collapse or underground(x,c,u) exposures, personal injury and advertising injury. Fire damage liability shall be included at $100,000. COt\,I\JFR(_'IAI, AUTOMOBILE LIABILITY INSL;RANCI_`: (ContractorNendor) shall maintain automobile liability insurance with a limit of not less than $1,0001,000 each accident for bodily injury and property damage liability. Such insurance shall cover liability arising out of any auto (included owned, hired and non-owned autos). The policy shall be endorsed to provide contractual liability coverage. EVIDENCE OF rNSURANCE: The (ContractorNendor) shall furnish the City of Bartow with Certificates of Insurance. The Certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City of Bartow is to be specifically included as an additional insured on all policies except Workers' Compensation. In the event the insurance coverage expires prior to the completion of the project, a renewal certificate shall be issued 30 days prior to said expiration date. The policy shall provide a 30-day notification clause in the event of cancellation or modification to the policy. All certificates of insurance must be on file with and approved by the City of Bartow before the commencement of any work activities. Page 232 of 600 CERTIFICATION REGARDING DEBARMENTS,SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS 1. The undersigned hereby certifies that neither it nor its principals is presently debarred,suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. The undersigned also certifies that it and its principals: (a) Have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,making false statements, or receiving stolen property. (b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and (c) Have not within a three-year period preceding this certification had one or more public transactions (Federal, State or local)terminated for cause or default_ 3, Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this certification. Dated this 6th day of March. 2017 e6. 13% Authorized Signature/Recipient / Rudy Canezo Typed Name/Title American Water Chemicals, Inc. Recipient's Firm Mame 1802 Corporate Center Lane Street Address Building, Suite Number Plant City, FL 33563 City/State/zip Code 813-246-5448 Area CodelTelephone Number Page 233 of 600 CERTIFICATION REGARDING DEBARMENTS,SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILFFY AND VOLUNTARY EXCLUSION- LOWER TIER FEDERALLY FUNDED TRANSACTIONS I. By signing and submitting this form,the certifying party is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government or agencies with which this transaction originated may pursue available rentedfes, including suspension and/or debarment. 3. The certifying party shall provide immediate written notice to the person to whom this contract is submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to avhich this contract is submitted for assistance in obtaining a copy of those regulations. 5. The certifying party agrees by submitting this contract that,should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier contract, or other covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,unless authorized by the Commission or agency with which this transaction originated. 6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals, Each participant may, but is not required to, check the Nonprocurement List(Telephone No.(202)50[-4740 or(292)501-4873). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transaction s authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 GFR 9,subpart 9.4,suspended,debarred, ineligible, or votuntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the Commission or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment, Page 234 of 600 } 'A ,u 1 Dear Vendor: This is a reminder of your obligation under Florida's Public Records law codified in Chapter 119, Florida Statutes. As referenced in the General Terms and Conditions of any contract you have had with the City of Bartow, your firm is required to allow public access to all documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Public Records include all records, regardless of physical farm, characteristics, or means of transmission that were made or received in connection with official business which are used to perpetuate, communicate, or formalize knowledge. The policy of the State of Florida is that public records are open For the personal inspection and copying of any person. As such, all public records may be inspected and copied by any person at any reasonable time and under reasonable circumstances. The custodian of such records must also acknowledge requests for public records promptly and provide the records as quickly as possible with only two permissible delays; the time it takes to locate the requested records and the time to review the records for exemptions. As potential custodians of public records, vendors are prohibited from any of the following actions: 1. Requiring the identity of the requestor 2. Requiring the request for records be in writing 3. Requiring the reason or purpose of the records request 4. Restricting viewing records to hours other than normal business hours S. Delaying the production of records based on an employee's workload 6. Delaying the production of records due to a burdensome request However, vendors are not required to provide personnel to answer questions regarding the content of requested records. In addition, vendors are not required to create a new recordto fulfill a public records request nor reformat its records into a particular form as demanded by a requestor. If a public records request is received, you should provide notice to Jacki Poole, City of Bartow, City Clerk jpoole.glerks cityofba,rtow.net. Additional notice should be provided when the request has been fulfilled. If you have any questions, or need additional information, please contact either, Jacqueline Poole, City Clerk, or Donna Clark, Assistant City Clerk at 863-534-0100. Sincerely, Jacqueline Poole City Clerk Page 235 of 600 Technical Specifications for Ca|oiquae 25/76 1. General Conditions 1.1 The material to be provided under this specification aho|| be Cm|oiqueot 25175 or equivo/enY, approved for potable water treatment, and |istedicedified under the National Sanitation Foundation NSF Standard Number 60 ' and AVVVVA Standard for Zinc Orthophosphate, AVVWAB5OO latest revisiom, and shall meet the requirements contained within these specifioatioms. 2. Product Specifications 2.1 This rnmtar|a| shall contain no substances in quantities capable ofproducing injurious effects to public health or water quality. Calciquest 25/75 is a stabilized blend of long chain phosphates. The formula io proprietary to CaKoiQuest Inc. 3. Quality Control and Testing 3,1 Sampling and testing shall beconducted inaccordance with all AJ&WAand ANG0NSF Standard 8Oupooifivationacurrent revisions. 32 The supplier nfCa|o|quent 25/78 eho|| furnish unopened, new 55gallon drums of Calciqwent25/75oufilled mtthe manufacturer. 3.3 The Purchaser, at his nption, will test and analyze a weekly composite sample of the rnmhshal de|ivernd. The major tests will befor minimum percentage ofphosphate content, polyphosphate content, and orthophosphate content. 3.4 Should the purchaser desire, or should any test by the Purchaser or the producer indicate that either of the components tested for, huU outside the guaranteed nmnge, addibona| testing ofdaily composite samples taken during and over mone week period of the time indicate either of the components tested for fall outside the guaranteed oanga, then that percentage falling outside the guaranteed range will be used as percentage reduction of the unit cost of the total material delivered during that period. 4, Guaranteed Supply 4.1 The Seller must guarantee that he will maintain a supply to meet one (1) month's average uoagm, which supply will be dedicated for use by the Purohmsmr. If the SeUm/m inventory falls to such e point that he cannot guarantee this dedicated one (1) month's supply, immediate notification. in wrimg, must be mode to the Punchmuer. The Purchaser may then elect 10secure another guaranteed source ofsupply. 6. Purchase and Delivery 5.1 Ca|oiC>uaot 25/75 shall be delivered in 55 gallon dmms, as ondenad, and unloaded at the City of Bartow Water Treatment Plant. The Ca|oiquemi 25/75 is to be delivered by truck shall have all markings, tags, labels, ornumbers anrequired byFDOT. Shipping shall be incompliance with all applicable local, state and federal regulations. 5.2 Deliveries shall be made between 7:00 AM and 3:00 PM on normal working days (Monday through Friday) or as otherwise approved by the Bartow Water Department. Ca|ciqusmt25/75 shall be shipped within 24 hours after receipt of the order, or as otherwise arranged between both parties. The Bartow Water Department shall be sole discretion asbzwhen deliveries are boboreceived orrejected. Page 236 of 600 5.3 All deliveries must Le signed in at the operator control room. 5.4 One N1ahaha| Safety Data Sheet (K0SOS) must bnattached bothe bid submittal and all delivery tickets referencing the City of Bortzw's Purchase Order Number with each shipment. 5.5 Delivery shall be made, FOB Bartow. FL. to City ofBartow Water Treatment Plant located a± 250OHwy 17North, Bartow, FL3383O(803) 534'O15Q. 5.8 If bid is awarded to supplier other than current supplier written notice will have to be given bothe Polk County Health Department and must be approved before use. 8. Quantity Required 01 The quantities tobeneeded bythe purchaser are: 4O-55gallon drums per year. 6,2 Variations in these quantity requirements may range from 80% to 12096 of those projected, based on the conditions ofwater demand and method of operation of the Lime Softening Facilities. 6.3 The City ofBartow water Treatment Plant will be responsible for regulating the usage of Ca|okluest25/78 and will endeavor to keep the Seller advised of the immediate and future needs oythe material tobesupplied hereunder. 7. Qualification ofBidders 7.1 Bids will only be considered from manufacturers or manufactures authorized distributors cfCa{oiquest25/75. 8. Suppliers Responsibilities 8.1 The Suppliers shall not permit any alcoholic beverages or i|ky0a| drugs on Owner's property. Any person showing the most minor symptoms of alcohol or drug use shall be immediately removed from Owners property and shall not beallowed to return. Likewise, the Suppliers shall not permit and firearms to be brought on Owner's property. 8.2 The Suppliers ohm|| assume full responsibility for their employees" conduct while on Owners property. S Emergency Plan ofAction and Safety Training 8.1 The /4wardeeshall pnovkJe, inwriting, anemergency contingency plan, with appropriate telephone uomtads, for the City to follow in oaoo of an emergency supply ofCe|oiqumot 2G/75isneeded 9.2 The Awmndee shall supp|y, in xvridng, an emergency n*|eeme response plan with the appropriate emergency response personnel names and telephone contact numbers (24 hour contact numbers) within 30 days of award and acceptance. In addition, the proper release response notification procedure, along with any forms required by all |000|, state, orfedera| nmQu|abzry agemcies, shall be supplied bythe Awonjmaofhis responsibility to notify the proper regulatory agencies ofarelease incident. 9,3 In the event of e release or leak, the /4wondee shall supply the necessary personnel to respond to such on event, to work with the local Hazardous K0mharim|a Response Teem and homanage and oversee "After Ewent!' cleanup. Releases o,leaks ofany type caused by Awondea'm personnel, equipment or method of delivery, Avwardme mhmU immediately comply with all applicable terms and conditions of the current version of Title III, Page 237 of 600 Ouperfund Amendments and Reauthorization Act of 1886. 43 U.SiC.Si 11001. at seq. (SARA) and the Florida Hazardous Materials Emergency Response adCommunity RightToNmowAct of 1988,CH252. Part H. Florida Statutes. The responsibility for compliance with Federal and State Rules and Regulations regarding vendor caused releases shall be the au/e responsibility ofthe Avwardme. TheAvardee. shall hold the City of Bartow harmless for any failure to properly report and/or comply with this provision. 9.4 TheAwmrdee shall provide an appropriate safe handling training oourse, within the first month of the oorxraot, to all current Water Department operations personnel and shall be available to conduct "refresher" oouoays, or new employee traininQ, at six month �nbsmo|s during the award period. 9.5 The Avmardme shall provide technical mssiodonoe, as needed, regarding the application of its product,The Avnardee shall provide this assistance atnncharge tothe City ofBartow. 10. Bid Quotation 10.1 Bid pricing nhe|| be made as per 56 gallon drum delivered FOB at the City of Bartow Water Plant. Page 238 Of 600 PRICES FIRM FORM ATTENTION ALL BIDDERS: PLEASE INCLUDE THIS SHEET WITH BID FORM. Company Name: . American Water Chemicals, Inc. Company Address: ._,1802 Corporate Center Lane Authorized Representative: Rudy Canezo Print st -attire Date: 3/6/17 Title: Treasurer Phone Number: 813-246-5448 Fax: 813-623-6678 E-N/Iail rcanezo(d_)membranechemicals.com-,-----, State mall prices are Firm or subject to escalation: Prices quoted will be valid for one (1) year from the date of award unless otherwise specified and agreed upon by the City of Bartow. (CONTRACT PERIOD IS FROM APRIL 13, 2017 — APRIL 12, 2018) PRICE(S) FIRM: YES X NO Percentage of escalation anticipated: none Past performance, delivery and prices will be considered when awarding bids. All escalation should be clearly stated. All bids should reflect a delivered price wherever possible. Your cooperation and participation is greatly appreciated. If you have any questions, please feel free to contact the Purchasing Department. Page 239 of 600 B.f.D.FORM Calciquest 25/75 for Water Treatment Plant 2500 Highway 17 North Bartow,FL 33830 Per Specifications FOB Bartow,Ff, Total Net Price Per 55 gallon drum: $ 254.13 per 55 gallon drum Terms: Net 30 dans,._ ........... Manufacturer: American Water Chemicals, Inc, .......... Delivery: 2 - 4 days ARO Name of Company: American Water Chemicals, Inc. Address: 1802 Corporate Center Lane, Plant City, FL 33563 Phone Number: 813-246-5448 Fax Number: 813-623-6678 Email Address: customerservice@membranechemicals.com Authorized Representative: Rudy Canezo Print Signature Exceptions To Bid: None (C0N-I-R,,kC"Y PERIOD IRO)/f A PRI 1, 13, 201 7— APRIL I 2, 201 ) Page 240 of 600 J- Perfecting the Science of Membrane Treatment a wc: Certificate of Compliance American Water Chemicals, Inc. is a manufacturer and we hereby confirm that we comply with the specifications listed on the bid as per the following: - AWC A-782 corrosion inhibitor is equivalent to Calciquest 25/75. A copy of the Product Data Sheet, and Safety Data Sheet has been included with this bid. - AWC A-782 is certified by NSF to NSF/ANSI 60. NSF Listing has been included with this bid. - AWC A-782 meets the specifications of the water purification division of the American Water Works Association Standard for Zinc Orthophosphate (ZOP) corrosion inhibitor in liquid form for use in the treatment of potable water, wastewater, or reclaimed water (ANSI/AWWA 8506-13). - AWC A-782 shall be delivered in new 55 gallon drums via truck and shipping will be in compliance with all applicable local, state and federal regulations. Packaging will comply with FDOT requirements. American Water Chemicals, Inc. guarantees that it will maintain in inventory, supply to meet one (1) month's average usage, dedicated for use by City of Bartow. American Water Chemicals, Inc. agrees to provide safe handling training course, within the first month of the contract to all current Water Department operations personnel and will be available to conduct "refresher" courses, or new employee training, at six month intervals during the award period. American Water Chemicals, Inc, agrees to provide technical assistance, as needed, regarding the application of its product of no charge to the City of Bartow. � j\c Qiao-Qing Di QA/QC Chemist R 813 -)/�6,54148 f E int:o(c- age of 600 Pj Tie nnb ran echiern i cc-fl scOrTl Listing Category Search Page I NSF International Page I of 1 The Public Health and Safety Organization NSF Product and Service Listings These NSF Official Listings are current as of Monday,March o6, 2017 at 12:15 a.m.Eastern Time.Please contact NSF International to confirm the status of any Listing,report errors,or make suggestions. Alert: NSF is concerned about fraudulent downloading and manipulation of website text.Always confirm this information by clicking on the below link for the most accurate information: http://info.nsf.org/Certified/"PwsChemicals/Listings.asp? CompanyName=american+water+chemicals&TradeName=AWC+A%2D782& NSF/ANSI do Drinking Water Treatment Chemicals - Health Effects American Water Chemicals, Inc. 1802 Corporate Center Lane Plant City, FL 33563 United States 888-217-8757 813-246-5448 Visit this company's website (http://www.membranechemicals.c!om) Facility : Plant City, FL Miscellaneous Corrosion Chemicals Trade Designation ProductFunction Alax Use AWC A-782 Corrosion&Scale Control 23mg/L [ZN] Based on an evaluation of health effects data, the Level of zinc in the finished drinking water shall not exceed 2. 0 mg/L. Number of matching Manufacturers is t Number of matching Products is 1 Processing time was t seconds Page 242 of 600 Product Information Sheet AWC A- 782 VV6h--,r DiSki1,)uh00 SV5Lern [OrnJ5iOn |nhib|bor ADVANTAGES SAFETY & HANDLING ° Corrosion inhibitor for the treatment ofpotable May betoxic byingestion incuncentratedfonn. water systems Dunot take internally. |fingested,drink a1least a Inhibits corrosion byforming astable,evenly two (2)glasses ofwater and get immediate distributed protective film onthe inside of medical attention. Contact with eyes causes distribution piping and metal surfaces irritation. |feyes are contacted, immediately flush with clean water for 15minutes and if " po|y/orthoproduct designed for use with moderately irritation persists, get medic�attention. |ncase |ovvhardnesswate� |tisnotrecommendedForuse with soft water ofskin contact,wash with soap and water. For more information,see the Safety Data Sheet " Inhibits corrosion ofsteel distribution system water provided with this product, lines, iron and galvanized piping,and lead and copper plumbing ~ Decreases the potential for TH[Nformation when dosed with chlorine and protects against the release ����K�U��U ����Uo�� AND ���������l ofasbestos orcement fmmvv�ermains. Also `~^ ^~^^^~�-~� FEEDING ~^^~~~ ~~~~~~ ~ ^^~~� substantially reduces leaching oflead from piping and lessens the occurrence ufmicrobial-induced Normally fed continuously tothe system being corrosion,providing longer system life. treated bymeans ufachemical metering pump. ° Saves money byreducing corrosion,lowering |nmost applications, product isfed asa chlorine demand and decreasing hydrant flushing, concentrate,without the necessity mfdilution. ' leaks and failures This product will perform best when water pH ° Certified hyNSF toNSF/ANSI Standard 6O ismaintained between 7.5-B.5. Dosing rate isbased uowater quality. The overall product applications and the specific chemical feed and control methods employed must bespecified bythe technical representative servicing the facility system.The specific control ranges will TYPICAL PROPERTIES bespecified hythe technical representative and can also assist you indetermining the Appearance Colorless tolight yellow liquid appropriate dose rate for your system, Odor Odorless Solubility in water Complete pH(as is)@Z5^[ 4-7 ���������Upd�� Spec i�cGravity 1.40 0.10 PACKAGING 5gallon pails,55gallon non-returnable plastic drums, 275gallon totes 0. aw MIMI i+ -.�448 � E: infO���A�[DhF�D�[��|Tli[��5 [�rO � VVVVVv�|-0er��r�|l�C�l�r�i[�|5�[D|T) - Page 243 Of 600 SAFETY DATA SHEET Page AMERICAN WATER CHEMICALS, INC. 1802 CORPORATE CENTER LANE PLANT CITY,FL 33563 IDENTITY AWC A-782 Section I Company and Product Identification AMERICAN WATER CHEMICALS, INC. Telephone Number: (813)-246-5448 1802 Corporate Center Lane Plant City, FL 33563 Chemtrec phone Number: In the U.S.: 1-800-424-9300 International: 1-703-527-3887 CONTRACT#: CCN 1259 Date Prepared: 11/21/03 Date Revised: April 2015 Trade Name AWC A-782 Product Family Corrosion Inhibitor Section 11 —Hazards Identification Signal Word : WARNING Acute Toxicity: Oral, Category 5 May be harmful if swallowed. Skin Corrosionlirritation, Category 5 May be harmful in contact with skin Inhalation. Category 5 May be harmful if inhaled GHS Hazard Phrases H303 + H313:May be harmful if swallowed or in contact with skin H333: May be harmful if inhaled. GHS, Precaution Phrases P103: Read label before use GHS Response Phrases P311: Call a poison center/doctor/...if you feel unwell GHS Storage and Disposal Phrases Please refer to section 7 for storage and section 13 for Disposal information Route(s)of Entry: Yes Skin? No Yes Health Hazards (Effects of Acute and Chronic Overexposure) Inhalation: May be harmful if inhaled. Eye Contact: May cause eye irritation. Skin Contact: May be slightly irritating to skin Page 244 of 600 SAFETY DATA SHEET page 2 AMERICAN WATER CHEMICALS,INC. 1802 CORPORATE CENTER LANE PLANT CITY,FL 33563 Ingestion (Swallowing): May be Harmful if swallowed. Phosphates are slowly and incompletely absorbed when ingested, and seldom result in systemic effects. Such effects, however, have occurred. Symptoms may include vomiting, lethargy, diarrhea, blood chemistry effects, heart disturbances and central nervous system effects. The toxicity of phosphates is due to their ability to sequester calcium. Section III - Hazard Ingredients/Composition Information Hazardous Components (Chemical CAS# % EC# Risk Phrases Name) Polyphosphate, Sodium Salt Proprietary 10-36% N/A R22,38 Orthophosphate, Sodium Salt Proprietary 10-36% N/A 822,38 Water N/A <55 % N/A N/A Section IV— First Aid Procedures Inhalation: Immediately remove to fresh air. If breathing has stopped, give artificial respiration or oxygen. See a physician if irritation of the eyes, skin or respiratory tract occurs. Eye Contact: Immediately flush with plenty of water for at least 15 minutes holding lids apart to ensure flushing of the entire surface. Call a physician. Remove material from skin and clothing. Remove contact lenses immediately if possible. Skin Contact: Immediately flush skin with plenty of water while removing contaminated clothing and shoes. Thoroughly wash before reuse or discard. Get medical help if irritation occurs. Ingestion (Swallowing): If conscious, immediately give several glasses of water or milk. Do not induce vomiting. NEVER give anything by mouth to an unconscious person. Take immediately to hospital or physician. MOST IMPORTANT SYMPTOMS Symptoms/injuries May be slightly irritating to skin. Symptoms/injuries after eye contact May be irritating toeyes. Symptomsllnjuries after ingestion May cause vomiting, lethargy, diarrhea. Section V- Fire Fighting Measures Flash Point (Method Used None -- Flammable Limits: NE Extinguishing Media: Water spray, dry chemical, CO2, or other class B extinguishing agent. This material does not burn. Use extinguishing media appropriate to the surrounding_fire conditions Auto ignition temp: Noncombustible. Special Fire Fighting Procedures and Protective Equipment: This material does not burn. Move containers from fire area if it can be done without risk. Otherwise, use water in flooding quantities as a spray or fog to keep fire-exposed containers cool and absorb heat to help prevent rupture. Do not enter without wearing specialized protective equipment suitable for the situation. Firefighter's normal protective equipment(Bunker Gear)will not provide adequate protection. Chemical resistant clothing (e.g. chemical splash suit and positive pressure self- contained breathing apparatus(MSHA/NIOSH approved or equivalent) may be necessary. Unusual Fire and Explosion Hazard: N/A Hazardous Decomposition or Combustion Byproducts: N/A Page 245 of 600 SAFETY DATA SHEET Page 3 AMERICAN WATER CFrEMICALS, INC. 1802 CORPORATE CENTER LANE PLANT CITY,FL 33563 Section A—Accidental Release Measures Steps to Be Taken in Case Material is Released or Spilled: When handling spill and leaks, follow good industrial hygiene and safety practices as outlined in this document. Dispose of in compliance with local regulations pertaining to phosphates. In case of spills, prevent discharge to the environment(use dykes for large spills), Absorb spillage with earth, sand, clay, sawdust or other inert absorbent material which does not react with spilled chemical. Place all spilled material, contaminated sorbent materials, contaminated dirt, and other contaminated material in chemical waste container. Flush residual spill area with large amounts of water. Additional Information: Planning ahead is essential for handling spills. Proper equipment and trained employees should be readily available to correct a spill situation. Prevent entry to sewers and public waters. Notify authorities if liquid enters sewers and public waters. Avoid release to the environment. Section VII - Handling and Storage Precautions to Be taken in Empty drums as thoroughly as possible to facilitate disposal. Do not use with Handling (General): incompatible materials such as strong acids and strong bases. Label and avoid damaging containers. Maintain handling equipment. Practice good housekeeping. It is good practice to keep storage containers closed when not in use and when empty. Provide ventilation to minimize exposure. Use local mechanical exhaust ventilation at sources of air contamination such as open process equipment. Precautions for safe storage and Keep container closed when not in use. Protect from freezing. Do not store any incompatibilities in elevated temperatures, Section Vill—Exposure Controls and Personal Protection Components (Specific OSHA TWA8 ACG I H STEL ACGIH Other Limits Chemical Identity; PEL Recommended Common Name(s)) None has been None None None NA established Primary Route of Exposure: Inhalation Target Organs: None Known Respiratory Protection: Approved NIOSH respirator. Skin Protection: Rubber or plastic-impervious and/or waterproof. Protective Gloves: Wear impervious rubber or plastic Eye Protection: Wear chemical goggles and a face gloves. shield and have eyewash station immediately available. Page 246 of 600 SAFETY DATA SHEET Page 4 AMERICAN WATER CHEMICALS,INC. 1802 CORPORATE CENTER LANE PLANT CITY, FL 33563 Other Protective Clothing or Equipment: Eye wash facility and safety shower in immediate area. Rubber boots. Rubbers over leather shoes are not recommended. Use local natural or mechanical exhaust ventilation to minimize exposure at sources of air contamination such as open process equipment. Engineering or administrative controls should be implemented to control mist Section IX- Physical/Chemical Characteristics Boiling Point,- X101°C (213°F) Percent Volatile: NE Viscosity : NE Specific Gravity( H20= 1) 1,40t 0.10 Solubility in Water: Complete pH: 4—7 Appearance and Odor: Clear liquid -colorless to slight yellow tint NR: NOT REQUIRED, NE: NOT ESTABLISHED, NA: NOT APPLICABLE Section X—Stability& Reactivity Data Stability: Stable under normal conditions of storage and handling. Usually stable in alkaline aqueous solution, but breaks down (hydrolyzes)to orthophosphate under acidic conditions, Conditions to avoid: Do not expose to extreme temperatures. Incompatibility(Materials to Avoid): Strong Oxidizing Agents (eg. perchlorates, peroxides)and strong acids (eg. Sulfuric acid)- reaction may be violent if mixed with this product at full strength. However, this product can safely be dosed into a water supply that contains dosage levels of oxidizers or acids that meet drinking water standards. Hazardous Decomposition Products: When involved in a fire, the material may form toxic fumes of phosphorous oxides. Hazardous Polymerization: Does not occur Condition to avoid: None known Additional Information: none Section XI—Toxicological Information Available data on closely related material indicates the following: ORAL LD50(Rats): =3053 mg/kg Skin Irritation (rabbit, guinea pig): Negligible irritation and no visible tissue damage was observed after a 50% solution was applied to intact and abraded skin. Acute Overexposure: Irritating to body tissue with which it comes into contact. Chronic Overexposure: No known cases of chronic poisoning due to phosphate solutions have been reported. May sequester calcium and cause calcium phosphate deposits in the kidneys. Carcinogenicity: None of the components have been classified as a carcinogen by OSHA, NTP, and IARC, Medical Conditions Generally Aggravated by Exposure: Phosphate solution will cause further irritation of tissue, open wounds, burns or mucous membranes, Mutagenic: Not listed. Teratogenic. Not listed. Page 247 of 600 SAFETY DATA SHEET Page 5 AMERICAN WATER CHEMICALS,INC, 1802 CORPORATE CENTER LANE PLANT CITY,FL 33563 epro uctive Toxicity: Not listed. Primary Route of Exposure: Inhalation Target Organs: Not Listed Section XII—Ecological Information Biodegradation, Nospecific biodegradation data is available far this roduct. .... Section XIII -Disposal Consideration Waste Disposal Method: Always dispose of in accordance with federal, state and local regulations pertaining to phosphates. Consult your attorney or appropriate regulatory officials for information on such disposal. Chemical waste generators must determine whether a discarded chemical is classified as a hazardous waste. US EPA guidelines for the classification determination are listed in 40 CFR Parts 261.3. Section XIV-Transport information D.O.T. Proper Shipping Name: N/A D.O.T. Hazard Class: N/A D.O.T. LABEL: N/A ID No: N/A Packing Group: N/A Section XV- Regulatory information US Federal Regulations TSCA: All components in this product are listed on the TSCA inventory. Health & Safety Reporting List: None of the chemicals in this product are on the Health & Safety Reporting List. Chemical Test Rules: None of the chemicals in this product are under a Chemical Test Rule. Section 12b: None of the chemicals in this product are listed under TSCA Section 12b, TSCA Significant New Use Rule: None of the chemicals in this product have a SNUR under TSCA. CERCLA Hazardous Substances and corresponding RQs: None of the chemicals in this product have an RQ. None of the chemicals in this product have a TPQ. SARA Codes: Acute Section 313: None of chemicals in this product are reportable under Section 313. Clean Air Act: This material does not contain any hazardous air pollutants. This material does not contain any Class 1 or Class 2 Ozone depletors. Clean Water Act: None of the chemicals in this product are listed as Hazardous Substances under the CWA. None of the chemicals in this product are listed as Priority Pollutants under the CWA. None of the chemicals in this product are listed as Toxic Pollutants under the CWA. OSHA: None of the chemicals in this product are considered highly hazardous by OSHA. State: None of the chemicals in this product are present on state lists from CA, PA, WI, MA, or NJ. California Prop 65: California No Significant Risk Level: None of the chemicals in this product are listed. European/International Regulations European Labeling in Accordance with EC Directives: Hazard Symbols: None Risk Phrases: 22 Harmful if swallowed. 38 Irritating to skin Safety Phrases: 2 Keep out of reach of children 61 Avoid releases to the environment. WGK(water Page 248 of 600 SAFETY DATA SHEETb �� AMERICAN WATER CHEMICALS,INC. 1802 CORPORATE CENTER LANE PLANT CITY,FL3356] Danger/Protection): None All components are listed on Canada's DSL List Canada—WHIVIIS- None of the components in this product could be classified as hazardous in accordance with the hazard criteria of the Controlled Products Regulations. Canadian Ingredient Disclosure List: None of the components in this product are listed on the Canadian Ingredient Disclosure List. Potable Water Approval: This product is NSF/ANSI Standard 60 certified. Section XVII - Other information NFPA RATINGS- Health Flammability.. Reactivity The data contained in this material safety data sheet has been prepared based upon an evaluation of the ingredients contained in the product, their concentrations in the product and potential interactions. The information inoffered ingood faith and iabelieved tobaaccurate. |tiofurnished tothe customer who iaurged bo study it oonafu||y to become aware of hazards, if any, in the etorege, hand/img, use and disposal of the product; and to insure his employees are properly informed and advised of all safety precautions required, Page 249Of600 z; CERTIFICATE SSS„ This is to certify that American Water Chemicals, Inc. 1802 Corporate Center Ln Plant City, FL 33563 United States of America has implemented and maintains a Quality Management System. Scope: The Design, Formulation, and Manufacture of Chemicals for Water Treatment Application; Operate and Maintain the same. Through an audit, documented in a report, it was verified that the management system fulfills the requirements of the following standard:. IS© 9001 . 2008 Certificate registration no. 10015134 QM08 Date of original certification 2016-12-15 ARM Date of certification 2016-12-15 A c c u a d i T a a Valid until 2018-09-14 MANAr EMENT SYSTEMS CERTIMATION BODY DQS Inc. n Ganesh Rao Managing Director Accredited Body: DQS Inc.. 1130 West Lake Cook Road, Suite 340, Buffalo Grove, IL 60089 USA Page 250 of 600 2016 .2017 HILLSBOROUGH COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2017 1 25873�---'- OCC.CODE h6�� 380.004001 RETAIL SALES WIHAZARDOUS WASTE Receipt Fee 30.00 Hazardous Waste Surcharge 40.00 Law Library Fee 0.00 BUSINESS AMERICAN WATER CHEMICALS INC 1802 CORPORATE CENTER LN PLANT CITY, FL 33563 AMERICAN WATER CHEMICALS INC NAME 1802 CORPORATE CENTER LN MAILING PLANT CITY, FL 33563 ADDRESS Paid 15-630-023444 07/25/2016 70,00 BUSINESS TAX RECEIPT DOUG BELDEN,TAX COLLECTOR HAS HEREBY PATO A PRIVILEGE TAX TO ENGAGE 813-635,5200 IN BLISfNESS.PROFESS[ON OR OCCUMAI ION SPECIFIED HEREON THIS BECOMES A TAX RECEIPT WHEN VALIDATED. Page 251 of 600 State of Florida Department of State I certify fon the records of this office that AMERICAN WATER CHEMICALS IINC. is a Delaware corporation authorized to transact business in the State of Florida, qualified on April 12, 1994. The document number of this corporation is F94000001871.. I farther certify that said corporation has paid all fees due this office throulgh December 31, 2017, that its most recent annual report/uniform business report was tiled on January 9, 2017, and that its status is active. I Further certify that said corporation has not tiled a Certificate of Withdrawal. Given turner my harmd and the Great Seal of the State of Florida at Tallahassee, the Calpital, this the Ninth clay,of January, 2017 Q Secretary of State Tricking Number: CC6576683648 To authentic:pte this certific:ite,visit the folloving site,enter this number,anti then follow the instructions(islplayeci. littlps://ser-vices.snnbiz,ot-g/1`itings/Certif cateOfStatns/Certi1icateAiithentication 2 of 600 Client#. 1696523 131AMERIENG ACORD,, CERTIFICATE OF LIABILITY INSURANCE DA ACORD,, 4/19/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER CONTACT NAME: BB&T Insurance Services, Inc. cPHONE Eft:407 691-9600 we No: 888-635-4183 PO Box 4927 E-MAIL Orlando, FL 32802-4927 ADDRESS; 407 691-9600 INSURER(S)AFFORDING COVERAGE NAIC N INSURER A:Evanston Insurance Company 35378 INSURED American Engineering Services Inc INSURER B:Owners Insurance Company 32700 1802 Corporate Center Ln INSURER C: Plant City,FL 33563 INSURER D: ENSURER E. INSURER F: COVERAGES CERTIFICATE NUMBER: 16117 GL BAI/Auto REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ENSR ADD L SUER _. nPERSONAL LTR TYPE OF INSURANCE `INSR WVD POLICY NUMBER MMIDDNYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 16PKGSE20192 4129/2016 OCCURRENCE s7000 000 CLAIMS-MADE �X OCCUR MISESOEa oc�°nce $100 000 X Deductible: $5,000EXP(Anyonaperson) $5,000 &ADV INJURY $1,000,000 f- GEN'L AGGREGATE LIMIT APPLIES PER: PRO- GENERAL AGGREGATE $2,000,000 If�-�� POLICY L—e JECT ❑LOC PRODUCTS-COMPIOPAGO $2,000,000 OTHER: S B AUTOMOBILE LIABILITY 4947152201 5/01/2016 05101/2011 COMBINEDSINGLELIMIT $1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS ''� AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS X AUTOS NED PROPERTY DAMAGE AUTOS Per accident A UMBRELLA IAB X OCCUR 16EFXSE20080 4/29/2016 04/291201 EACH OCCURRENCE $5,000,000 X EXCESS LIAB _ CLAIMS-MADE AGGREGATE s5,000,000 DED RETENTION$ $ WORKERS COMPENSATION .PTR OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE Y 1 N - ER OFFICERIMEMBER EXCLUDED? �N 1 A E.L.EACH ACCIDENT $ Mandatory in If yes,describe under E.L.DISEASE-EA EMPLOYEE $-- DESCRIPTION OF OPERATIONS below_. E.L.DISEASE-POLICY LIMIT $ A Contr. Pollution 16PKGSE20192 4/29/2016 04129/2017 $1,000,000 Ea Condition $5,000 Deductible DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: Bid No. 2010-016 Insured name continued:American Water Chemicals, Inc,dba Alkema Solutions, Inc. Additional Insured status is granted with respects to General Liability per endorsement"Additional Insured (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 071988-2014 ACORD CORPORATION.All right r ery d ACORD 25(2014101) 1 of 2 The ACORD name and logo are registered marks of ACORD Page � OT 000 #S160176881M16017380 MOCO ' 'CERTIFICATE OF LIABILITY INSURANCE aATaM2211 "' THIS CERTIFICATE IS ISSUED AS A,MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIV'ELY'OR NEGATIVELYAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER tAD CT Aon Risk Services,Inc of Florida _ AOL Risk Services,Inc 01 Florida 1001 Biickell Bay Drive,Suite PFI 100 PHONE FAX Miamt,FL 33131-4937 o Ext:800-743-8130 AIG Nof:800-522-7514 SS: ADPCplCenter AancamINSURERS)AFFORDING COVERAGE NAIL IF R A: Illinois National Insurance Ca 23817 INSUREDADP TolalSource ill.Inc R a 10200 Sunset Drive INSURER C Miami.FL 33173 ALTERNATE EMPLOYER INSURER D; Amertcan Water Chemicals,Inc OBA Aikenla So€utions,Inc 1802 Corporate Center Lane, INSURER E: Plant City.FL 33563 INSURER F COVERAGES CERTIFICATE NUMBER: 1310934 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_ t.11`011 S SH OWN ARE AS KL(It E S,I ED INSR ADDL SUER. LTR. TYPE OF INSURANCE INSR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS MM1DDlYYYY) fMMIDDPYYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE F] OCCUR DAMAGE TO RENTED ... PREMISES(Ea occurrence€ $ MED EXP An one arson} $ - PERSONAL ADV INJURY $ GEN'LAGGREGATE LIMITAPPLIES PERS GENERAL AGGREGATE $ POLICY D PROJECT R LOC PRODUCTS-COMPIOP AGG $ OTHER $ AUTOMOWLE LIABILITY N L LIMI a accident $ ANY AUTO BODILY INJURY Per arson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY R(Peaccident $ $ UMBRELLA LIAS OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIIv15-MADE AGGREGATE $ DEC RETEN7fON$ WORKERS COMPENSATION PER DTII AND EMPLOYERS"L€ARILITY YIN X STATUTE ER A ANY PROPRIETt]RIPARTNERrEXECUTIVE WCOfi1130701 FL 77'Id249fi 71112017 E EACH ACCIDENT $ 2,044,044 OFFICEWMEMBER EXCLUDED? N I A (Mandatory In NH) to yes.vessrin ander E L DISEASE-FA EMPLOYEE $ 2,000,000 DESCR€PTION OF OPERATIONS below E L DISEASE-POLICY LIMIT 3 2,004,000 DESCRIPTION OF OPERATIONS!LOCATIONS 1 VEHICLES IACORD 101,Additional Remarks Schedule,may he attached if more space is required) All worksile,emptoyees working for AMERICAN WATER CHEMICALS INC DBA ALKEMA SOLUTIONS AMERICAN WATER CHEMICALS,INC DHA ALKEMA SOLUTIONSINC is an alternate employer nd TNG,pair)antler ADP TOTALSOURGE !NC's Payr©II.are severed under the above sialad policy ., u Re.Zinc Orlhophosphale er this policy CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE q `/-� 1d a 1888-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 251k .000 6.E. CONSENTAGENDA 5/1/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: Authorize the purchase of a 28" trailer and outfit in the amount of$40,816.10 from Texas Trailers of Gainesville, FL by utilizing the Florida Sheriff's Association Contract#FSA17-VEH15.0. The Florida Sheriff's Association procurement process satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: The Fleet Administrator recommends the annual purchase of one (1) trailer for the Police Department. Florida Sheriff's Association Contract#FSA17-VEH15.0 (Effective April 1, 2017—March 31, 2018 The Fleet Maintenance Division intends to award the following vendor for purchase as follows (see attached Exhibit 1 for vendor details): 1. Texas Trailers for one (1) trailer for Police in the amount of$40,816.10. This unit utilizes the Florida Sheriff's Contract#FSA1 7-VEH1 5.0, Spec#56. The City of Boynton Beach has entered into a public private partnership to bring the Town Square Project to life. The project includes the police department moving to temporary space during construction. This required a lot of teamwork and resources by command staff to determine our needs for this temporary location. Some of the key obstacles included accreditation, FDLE requirements, safety and the overall functionality of the space. One of the biggest challenges was our booking facility. Three options have been identified to overcome this challenge. First option, was to construct a solid foundation within the building that included restrooms. Second option, was to rent holding facilities for the next 14-24 months and place them within the building. This option also required restrooms to be constructed. Due to the cost associated with these options the command staff recommends a third option. The third option, was to purchase a 28" trailer and outfit it with portable holding cells and a restroom. The trailer will be kept outside of the temporary location under the fixed room that is already present. The trailer will receive electricity through the existing electric and be secured by chain link fencing. This will eliminate the security threat of having prisoners brought into our secured facility. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The trailer will be used as a temporary portable holding cell and restroom for prisoners during the transition of the PD. FISCAL IMPACT: Budgeted The current FY 17/18 budget includes the purchase of a K-9 vehicle budgeted for $50,000 and has not been purchased. Staff is recommending reducing the K-9 fleet by 1 vehicle and utilizing these funds to purchase this trailer from account 501-2516-519-64-33. It is staffs intention to outfit this command center trailer with the minimum requirements to utilize it as a Page 255 of 600 booking facility at the temporary location. Once the new police station is completed, the command trailer will be outfitted to meet the needs of a full command center. This command center will be used for special, community and significant events to function as an offsite police or city operation center. ALTERNATIVES: To defer or not purchase the selected trailer and have no immediate holding cell for prisoners. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Texas Trailers START DATE: 10/13/2017 END DATE: 9/30/2018 CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: N/A Page 256 of 600 ATTACHMENTS: Type Description D Addendum Texas Trailers Quote D Addendum Texas Trailers COI D Addendum Florida Sheriff's Contract#FSA17-VEH15.0 Page 257 of 600 s Trailers Estimate Gainesville, FL 352-378-4756` Date Estimate# 5601 NW 13th Street Gainesville, FL 32653 4/12/2018 6027 Office 352-378-4756 Name/Address Boynton Beach Police Department Attn: Charles Turco 561-742-6102 Description Qty Cost Amount Discount Total Per.Florida Sheriffs Contract#17-VEH15.0 1 8,610.00 8,610.00 8,610.00 Cab and Chassis Trucks and Other Fleet Equipment Specification#56:Base Trailer-Wells Cargo CW 1622-102 Delivered To The Southern District Add FSA Option-Upgrade to MT85X2825- 1 9,890.00 9,890.00 9,890.00 102"x 28'MotorTrac 12,000#GVWR,Heavy Duty Enclosed Car/Motorcycle Hauler.Double Rear Doors. Add FSA Option-DJ8KWAC-4"Adjustable 2 1 340.00 340.00 340.00 5/16" 12,0001b Coupler.-Also Adds Heavy Duty 8,000#Drop Leg Tongue Jack ILO A-Frame Jack. Add FSA Option-ADDHT-Add 6"interior 28 16.00 448.00 448.00 height-Order per linear trailer foot-Order option in 6"increments.Upgrades Interior Height to 74" Add FSA Option-WCET-Add option to extend 1 205.00 205.00 205.00 a-frame tongue F-Option only available in flat front trailers. Add FSA Option-NSFL02-Black Raised Circle 28 42.00 1,176.00 1,176.00 Non-Skid Vinyl Floor Covering.Order per linear trailer foot. Add FSA Option-WCFW38-White Finished 28 46.00 1,288.00 1,288.00 Walls -White Embossed FRP Sidewall Liner and Ceiling Liner.Order per linear trailer foot. Subtotal Sales Tax (6.5%) Total Page 1 Page 258 of 600 s Trailers Estimate Gainesville, FL 352-378-4756` Date Estimate# 5601 NW 13th Street Gainesville, FL 32653 4/12/2018 6027 Office 352-378-4756 Name/Address Boynton Beach Police Department Attn: Charles Turco 561-742-6102 Description Qty Cost Amount Discount Total Add FSA Option-DEPWC-Add deluxe 1 795.00 795.00 795.00 electrical package-includes 30 amp,120V service panel w/30 amp main and 25'shoreline,(3)15A duplex receptacles,(2)4'double fluorescent light fixtures,and(1)120V interior wall switch. Package Includes 30 amp.Motor Base Plug and Cord. Add FSA Option-50AB-Upgrade Electrical to 1 210.00 210.00 210.00 50 amp service. Add FSA Option-ACPKG-Add 15,000 BTU 2 1,550.00 3,100.00 3,100.00 roof-top air conditioner with heat strip. Add FSA Option-HSLK-Add high security bar 1 137.00 137.00 137.00 lock with vice lock to side door,rear doors or ramp door. Add FSA Option-RS 100-Recessed Step at Side 1 118.00 118.00 118.00 Door. Add FSA Option-TXNEWT-New State Tag. 1 150.00 150.00 150.00 Includes$32.45 Convenience Fee.(Specify Tag Type) Delete Option-NOSPARE-Deduct For No 1 -70.00 -70.00 -70.00 Spare Tire The Following Options are Not Quoted On The 0.00 0.00 0.00 FSA Contract But Are Offered At a 5%Discount Per The Contract. Insulated Sidewalls:MSRP=$13 Per Linear Foot 28 13.00 364.00 -5.00% 345.80 X 28'—$364.Insulated Ceiling Liner Comes Standard on MT85X2825. Subtotal Sales Tax (6.5%) Total Page 2 Page 259 of 600 s Trailers Estimate Gainesville, FL 352-378-4756` Date Estimate# 5601 NW 13th Street Gainesville, FL 32653 4/12/2018 6027 Office 352-378-4756 Name/Address Boynton Beach Police Department Attn: Charles Turco 561-742-6102 Description Qty Cost Amount Discount Total 120v 15a Duplex I Exterior GFI Recept(2 2 84.00 168.00 -5.00% 159.60 Outlet):MSRP=$84 Each=$168 120v 15a Duplex I Recept(2 Outlet):MSRP= 3 47.00 141.00 -5.00% 133.95 $47 Each=$141 120v 4ft Fluorescent Light w/Diffuser:MSRP= 2 115.00 230.00 -5.00% 218.50 $115 Each=$230 Wht Al Wb 96x22x40/GV Top/30 Deep L w/ 1 1,127.00 1,127.00 -5.00% 1,070.65 Dr:MSRP=$1127 96in Wide x 18.5in Tall White Alum OH Cabinet: 1 721.00 721.00 -5.00% 684.95 MSRP=$721 7KW Onan Gas Gen.CARB Comp Pkg(Under 1 10,276.00 10,276.00 -5.00% 9,762.20 Flr Tank):MSRP=$10,276 12v LED 9"x7" 5K Lumen(Exterior)Scene Light: 4 358.00 1,432.00 -5.00% 1,360.40 MSRP=$358 Each=$1,432 24in Scissor Jacks:MSRP=$159 Per Pair=$318 2 159.00 318.00 -5.00% 302.10 30"x 15"Radius Tinted Glass Horiz.Slider 2 190.00 380.00 -5.00% 361.00 Window:MSRP=$190 Each=$380 Cable Hatch-Floor Mounted:MSRP=$21 1 21.00 21.00 -5.00% 19.95 Subtotal $40,816.10 Sales Tax (6.5%) $0.00 Total $40,816.10 Page 3 Page 260 of 600 RICKC-1 OP ID: BW ./�'���/1► FDATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 04/19/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 478-922-8531 CONTACT Debbie Wallace Hunt-Miller Insurance Agency PHONEFAX 211 Independence Dr. (A/C,No,Ext):478-922-8531 (A/C,No): Warner Robins,GA 31088 E-MAIL dwallace@hunt-miller.com Josh Gurley ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURERA:Hartford Underwriters Ins Co INSURED Rick Croft Enterprises Inc dba INSURER B:Amtrust North America Texas Trailers Sales &Service 5601 NW 13th Street INSURER C7 Gainesville, FL 32653 INSURER D7 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TY OF INSURANCE DDL UBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1'000'000 CLAIMS-MADE Fir] OCCUR UUN Q0895 01/01/2018 01/01/2019 DAMAGE TO RENTED 300,000 PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑ PRO ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO UENQ0089 01/01/2018 01/01/2019 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ PIP $ 10,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION X PEROTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N 5135008 01/01/2018 01/01/2019 500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Garage Liability 2000N Q00895 01/01/2018 01/01/2019 BI Person 1,000,000 BI PerAcc 3,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Boynton Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN y y ACCORDANCE WITH THE POLICY PROVISIONS. 100 East Boynton Beach Blvd Boynton Beach, FL 33435 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 261 of 600 �s 4 BID AWARD ty ffFSA17-VE'HIS .O ��, Etlu+e Dates: �, October 13,2017—September 30,1018 s Chassis Trucks and Other Fleet Equiqrnent Cooperative Purchasing Program Coordinated By The Florida Sherift Association Florida Association of Counties FLORIDA SHMMAMORTIMN Page 262 of 600 f (https://www.facebook.comMoridasheriffsassociation� FLOPJDA514ERIFFS ASSOCIATION (https.,//www.fisheriffs.org4 Become a Member (https:Hmembership.flsheriffs.org/2017-Membership-LP.htm]#Choose) About 1W Sheriffs Programs Publications • Join Today(https://membership.tsheriffs.org/2017-Membership-LP.htmi) Renew Membership (https://membomhlp.flsheKrffs.org/2017-Membership- LP.html#Choose) PURCHASING ........... ..............-------- --- ........... COOPERATIVE PURCHASING PROGRAMS Introduction Page 263 of 600 The Florida riffs Association offers statewideurc sincontracts n a FLORIDA variety vehicles, equipment services that are availableto all eligible* agencies. While most agencies purchasing from our contracts r within the state of Florida, eligible* agencies from other states have used the =R4 contracts if their governing purchases �. ordinance allows. For details of the productsis it I , use the links located I match the commodityr ing to purchase. The bidlinks will take you to pages that aresolely isated to the bid awardr that particular commodity includes it of the supportingi c nts and the maintenancethereof. The bid awardsschedules re supported by a dedicated FSA staff with assistancef our Advisory Board(s). We areavailable rFriday answer any questions or assist you in your purchasing transactions. Before make a purchase, r u to read the termsconditions cit with each commodity. There arecertain requirements r manufacturers, vendors and the end r that you should be familiar with prior to and after the initial acquisition. These termsconditions r ritten based on bestpractices in order to simplifyprocess for the buyer and the seller. Since its inception in November 1993, Approximatelyvehicles n purchased through these r r s, resulting in tremendous savings for participating ncies statewide. Contracft Police Rated,Administrative, till ici s, Trucks&Vans (h sJ s ri s.or /I - of rc - r r rc sin / lice-r - iir i - iii -v lhicl true - s Page 264 of 600 * Cab& Chassis & Other Fleet Equipment(https://www.fisheriffs.org/law- enforcement-programs/purchasing/cab-chassis-trucks-and-other-fleet- equipment) * it Rescue Vehicles & Other Equipment (https://www.fisherift.org/law- enforcement-programs/cooperative-purchasing-programffire-rescue-vehicies- other-equipment) it & Related Services (https://www.fisheriffs.org/law-enforcement- programs/cooperative-purchasing-program/tire-related-services-bid-award) Other Links, Please note that purchasing documents access is best when using Chrome or Firefox and Adobe Reader(https://get.adobe.com/reader6. Bid Announcements (https://www.fisheriffs.org/law-enforcement- programs/cooperative-purchasing-program/bid-announcements) Fleet News (https://www.flsheriffs.org/law-enforcement-programs/cooperative- purchasing-program/fleet-news) Manufacturer News (https://wwwJlsheriffs.org/law-enforcement- p rag rams/coo pe rative-p u rcha sing-prog ram/ma nufactu rer-news) Vendors Only(https://www.fisheriffs.org/law-enforcement- programs/cooperative-purchasing-program/dealers-only) Fleet Conference (https://www.flsheriffs.org/law-enforcement- programs/conferences#fleet) Need Assistance? Email us ate s ri r (mailto:cpp@flsheriffs.org) or call 850-877-2165 Eligibility- to Purchase Page 265 of 600 Contract pricing will be extended and guaranteed to any and all units of local govern ments/pol itica I subdivisions including but not limited to countV sheriffs, county government, local county board of public instruction, municipalities and/or police agencies, other local public or public safety agencies or authorities within the State of Florida and the state universities and colleges. In addition, bids will be extended and guaranteed to any other entities approved by manufacturers to participate inti contract. The participating agencies cannot guarantee any order other than those ordered through each individual agency. All agencies are bound by it local governing purchasing ordinances, rules and regulations and shall apply to purchases made under this contract.All contractor/dealers are governed by their manufacturer's agreement. The State of Florida, Department of Management Services, Division of State Purchasing administers statewide contracts and agreements fru by Florida State agencies, local governments, educational institutions, and other entities as defined in 60A-1.005, Florida Administrative Code. Out of State Sales are permitted under this contract however, again ALL agencies are bound by it local governing purchasing ordinances, rules and regulations and shall apply to purchases made under this contract. All contractor/dealers are governed by it manufacturer's agreement. All contra ctor/cleal ers referencing this contract for the purpose of facilitating sales (purchase authority) outside the State of Florida must accept the terms and conditions of this contract. Page 266 of 600 s� t ti • - - - • r - • - • • Legislation (/I - rc t- r r s/I isl iv ) Training - rc - r r r iin ) Our Programs (/l - of rc n - r r r- r r s) FSA Store (https:/ANww.companypromostore.com/storestfsamembers/7 u _ rc - sit i =f of r) SHERIFF LOGIN ( TTS:// .FL IFF /L I ) (https://www.facebook.com/tloridasheriffsassociation6 You (https:/ttwitter.com/FLSheriffs) IM (pittps://Wwv�.,youtube.com/user/FlorirIaSflp.,rlj'ffs'� feature=mhum) Florida riffs Association 2617 Mahan Drive Tallahassee, L 32308 ( ) 877-2168 e t (https://engine.muitiview.com/r? ® Jh it j LJh I in i j sl ij j Im lj j I si L ®2018 Florida Sheriffs Association// Privacy Policy(https://www.fisheriffs.org/p riv - li ) Page 268 of 600 FAC AM INK'K h COUNTMS ' �' ARAbout FLORMA SHERIFFS ASSOCIATION & FLOREDA. ASSOCIATION OF COUNTIES Base Name e ^ 9 Dealership T hi of Vehicle Zone Price Unit Federal Contracts Corp 18 United -71T 5- .5 $7,926.00 2018 United U-716T35- .5 western 2018 United U-716TA35-8.5 * $7,926.00 2018 71T 5-8.5 N —NB— Federal Contracts Corp2018 United 7165-8.5 $7,926.00 2018 United U-716TA35-8.5 C —NB— Federal Contracts Corp 2018 United U-716 5- .5 $7,926.00 2018 United U-716TA35-8.5 S —NB— Texas Trai —T 1 Sales and Service 2019 WeftsCargo C 1622-102 western $8,595.00 2018 Wells Cwjo 1 1 ea —NB— Texas Trailers Sea and Service 2018 Wells Cargo C 1 -102 Northern $8,230.00 2019 Wells Cargo 1 102 Northern —NB— Texas Trailers Sales and Service 2018 Wells Cargo CW 1622-102 central $8,355.00 2018 Wells Cargo 1 102 Central —NB— Texas Sales and Service 2018 Wells Cargo C 1622-102 Southern $8,610.00 2018 Wells Cargo C 1 102 Southern — — Pa 7�69 of 600 0. EA t � �A'�6 .44vt►t.l.�°IItt11 H Abme XmW FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 1 1 SPECIFICATION #56 2001$United -716T 5-8.5 2018 Wells Cargo CW1622-102 ITEMSTHE FOXMWING VEHICLE/EQUIPMENTI VEHICLE LISTED. a. Width-7' b. Length- 16' c.GVWR-7,000 lb. 2. a. Tubular steel main rails b. el crossmembers c.Formed sftel coma posts d. Steel roofbows e. Formed angle top and bottom sills f.Vertical sidawall posts on 16"centers .Non-corrosive h. All exposed steel primed i.3 piece A fimne j.Positive lock ball coupler . Tonpejack 1. Saft chains-DOT rated 3. . 314"exterior grade plywood . 114"plywood intm1or liner c. .030"prefinishad aluminum exterior,am colors d. Smooth 1 or one piece aluniinurn roof e. Fiberglass fiont cap f. Extruded alummum bottom trim g. Extruded aluminum roof cove with drip rail h. Double loddng door on rear 4. a. Tandem 3,500 lb.torflex axles . 15"wheels c. 205 x 15 trailer rated fires d. Electric brakes with Page 70 of 600 a. Protected unWstop/tail lights b. Clearance C. Wiring run in conduit Heavyd. 'Iplug 6. I a. Spare wheal and tire CONJUNCTIONDISCLOSURE: THE FLORIDA SHERIFFS ASSOCIATION WORKING IN WITH MANUFACTURERS, VENDORS AND DISTRIBUTORS OF VEHICLES/ZQUIpMENT 71 DOES THEIR REST TO ENSURE MODEL NMMS, NUMBERS AND CODES REPRESENT ,, THE LATEST INFORMATION AVAILRE AT THE TIME THE BID DOCUMENTS ARE PREPARED. IT IS RECOMMENDED THAT YOU CONFIRK THIS INFOWMTIOK WITH THE AIMMED VENDOR REPRESENTATIVE AT THE TIME YOU ARE REQUESTING A CONFIMUNG QUOTE. Pa V�71 of 600 ir � h E I k ANtib. '[' 1ti817 FLOIUJDACOUNMES As About Fbdda FLOREDA SHERIFFS ASSOCIATION & FLOREDA ASSOCIATION OF COUNTIES 7' X W NCL —79000 LB GVWR SPECIFICATION #56 2018 WeDso 1622-102 The ells Cup CW1622-102 p=1vued t1troush this cmtract comes with zU the standard equipment manufacturer fbr this model and FSA°s bue vehicle ' . s which included and madeis contnids vehicle base pfice as awarded Western BASE PRICE:CEA a ,230.00 $8,355.00 $8,610 While the Florida Sherifft AssociationAssociation ties have attempted to identify include theme equipment items most often requestedparticipatingcies for fiffi size vehicles,cry rwlize equipment needs nd preferances are gofisg t agency.vary from agency to In an effort to incorporate flexibility into our program,wo have cmted specific 1 aflow the pumbaw to tailor the veMcleto s, The fol t delete and add options and ftircost am prerridedto essistyou in appmAmating the tow cost of the roe vehicle(s)you wish to order ftough ffis a Sfinply deduct the cost of any of the following equ#=M items you �Msh deleteds bow unit cost cost of any equipment hms you wish added to die base unit cost to determine the approximate cost of the type vehicle(s) to order. officialNOTE:An . Jisdng of all aMdelete options and their prices should be obtainedfrom the appropriatein your zone when preparing your itional add/delete optons other thn ftselisW here may be availableler.,however,those listed here must be honored by the dalors,in your zone atthe stated prices. P43'272 of 600 VEHICLE: CW1622-102 Tom Trailers Sales and Tom Trailers Sales '1 e TWm Traders&kj and ServiceService 'cService PRICE:ZONE: West= Northern cenbul Soudian BASE $9,595.00 $9,230.00 ,355. 10.00 Order Code Delete Options AU Zones TW121-EB1 Downgrade to&x 12' ' ® $2,712.00' * 1 ' s** C l ,F LigW 12-Vok Dome L t Ted&wkW 15 kwh R=W 7yms, ,.030 t (12 L Ahmbwx BoNam Trbn with AnodwedFinbk Atl A A I Jack Am How wigh Sandftd,SO&Chums to DLO Ta Rwr ssA ®A C with terColor Coded WksV 1 , t C l ® r,All 1 PrkftW&Pa ,E A Elvork Brakes 4pare 7W 1W101 1 1 $2,710.001 ***6'x IO'Sbwk Ark 29M G ***Heavy fttp Cownerdal Qudo,FjbffSkW Erd C , Li ,12-Y L i Lisk, TedmacV,15 i , 5-Boft Silver&ob Whwk X-CoOftd),.030 PrOWWWAIWWWon Mforior(1 s),LED&1rdar Alumbuan Boftm IWW withAnodbodRidak AUAluminum A 1fiaA 12 pok End Cwmedbn Jack Am fibistwithrt l , ,Dmbk Rear A r A Chaim.A WCove wilkRail.Fwxkrs,SAE 7hmVlWkr Color C l Paz&&WBaws,TkWar Sfal Mao Ball; i C chomel Crop mem1kra,Ekdro&lx i1orrier,All EVand Simi Pr ),Easy Aeon JwWon Ba;4=v CW1422-102 1 Delete - 1 ***7'r 1#' a 77 G * C i . C011 t a OWN,LED ShPTa&7kM12-Vok Dow Lthb, Wall SwNchjbr Dme L464 Tarjkx a,SWan Wire FackmAW 15 hwh Ambd 7bv&5- r d Abmbm r (12 s),LED Exteriorh,AgAbubm Cam Lad with Stainkm Steel HWA 12 Vok Md Catmedor.JbckAum Hobt with to .T, Skk Dow Double Raw s,S A , A A C ,F ®rs,UvIdnwtir Color C , rPsie&AWBown,Tublar&MIMMW Raftt t 00w memborg Mrdmbt*Boner, ftwed 1 A 1 RF6X121 1 Delete ' * * ' 12'Skwk Ark 2990#G ***A"m D%*Commemal Trajkr,TarjWAxks,. 3 A Ederior(12 ), Ahaninum W,Silver 4mb Whmk a IS l Matm Ralk EtirmbdAlundimmifr A SeakdBeam Ckotmer L&W,24 bwk OC W7hws"Rear HaV AommVd to Mhor Frost A&W Psaftive Lod Ball CospbrHitak 16 iwh OC VerticalPark Oval LED Tail LIShA 12VD=e ftk Top ftdJackwith Dow with F CaA 24 A Ahm&mm WCowMro Anil,24 inch 0cploor ON�w,F n SAubdizer Jack.#-Ye Limited A Hjk&Pe*rm=er t , must be adied to bearmse GVWA to 35000 RF7X1621 Delete - $1,700.00' **07X Id'Tandem Axk T, Wedfum DutyC r,(12 s), T A T. A k Akwdmqu Phre Fendmir, Main Raik AWudedAhmimm11 FWjW,Doubk Aw Dmm Seakd Beam Chuumm L ,24 hwh OC AW7h=A Row HoW Accamd in S11hur Fkad Akial, 1 OC Vcdkd Poso,Enfire Chmsk UnAwouteA Oval LED Tail D&W,12 VDow LW Top Windiak wA S Pre-HNW SUE Enhy Dow with Rail,2 ' L C #t A A C Deletespecify $5.00, ***&S' 20' 7, G *** r,TWfl@xArkA.0J0PrdbWWAhoXbNoW Exiffrior(12 cdors),SeelyChaim .T. ,&=r=A A hmbm Fiff e Femirrs, TbWar et Main Adk lbtruded A 11 Ckowee 2#hwh OCWTrumg RearRowAmmodin River t ld ftch OC Ve Chmsk UNA7COM4 Ond LED Tail ,12 VD&w L101,Top ndiack with Sked N4 2#bock AYP Shmsoar4.080AWComVrlp 24 buh OC Floor Ommembsrs, rl ,4-Year L r Dedft Chmml (Few door weni;W.One Pkee Alundmum W,314 kab Dod&r HWi-Pedbrmom Awrior P 9 273 of 600 VEHICLE: CW1622-102 DEALER-• Tom Tmilersa 't Sales '1 Sales ServiceService Service PRICE:ZONE: Western Northern central southern BASE $8,595.000.00 $8,355.00 $8,610.00 NOSPARE Delete option-1 e 1 Dedm For No*m Ybnv NOUSTING1 Delete option- Incl.l 9 You Dan V See ftal You Need Liftd 1 Y S in lOr W Deletespecify NA Delete -specify Delete Delete option-specify Delete Delete option-specify Delete Delete -s ci NA Delete Delete -specify Delete Delete -specify Order Code Add Options All Zones Options 'scounted below Manufacturer' s Standard Retail Pricing { ) or manufacturers publishedlist price for any factory add tions. Purchasers areencourage negotiate pricingfor options. ' tion 1 discounts for each add option shall be decided the Vander. i s Contract n Conditions, Section 2.14 Option Pricing. 1 'x 20'enclosed '1 -7, $1,540.001 ** ' 2 ' 77 G .*. C !QudA%EkowkAvAm RhergWrEffidCOM Wet CORBOYM MWkravilk ),LKD&qpTa1VJWrnLWW 12-VokDamn DO^ WaflSvikkfarLt ,15 Inch Radfad 27reA 5- 0 PrOxWwd &*NdvdA1WWMM Buftm Trim with Anvdiwd Rnhk All Ahmbum Cam Lw*with&afnkm RalHajA 12 Yak End Cmunnw,Jack Raw Hohl with ExArwWAnodizedAwkwov WCovetRail,Fenders Underconfing SAE TrudO)Wkr Cokr,C Veriku[PbAls&WBow,7Wbuhr SleelMain Ralk,AffHeWd Smel C 1 1,Crommembem AflDrwed ftel Prhmd&Pak*4A nre 1Upgrade to ' 20'enclosed - 10,000 lb.GVWR $2,479.00' t ' 20'Tonkm Azle 10,000#GF7M***RemyAo ConumW Qwft,EkawcBmW,Aborgim End CoM Wet COM LVA 12-Voll Dow LWO,Walf Swkchfiw Dow L(04 TarjInAvier, TMM0109Y,15 l 7WTA 6-B011Mhvr SPoke Wheels XC004,.030 d (1 , L9DRvkrkrL19kft&Wu*dAh=iwm Boom Mw withLad wNh !HW 12 T. ,Bmw ri ),S s,&awkss A Aoqf Cove with4 Fenders,Mkrcuaffim SAE DwWhWkrC C , Vwffcd Posts&RoqfBuwg Pa 7274 of 600 VEMCLE • CW1622-102 Tom Trailers Sales and Texas Trailers Sales Savice Service PRICE:BASE $8,595.00 $9,230.00 $8,355.00A610.00 bu !Maina ►C I Cram minberg Ekvirobvir r,AH Mpmd&nl1 A as 1 CW1624-102 1Upgmde axles in Tx. l "tWler to 10,000 1 . $1,370.00' **7' 16'Thwfive Ark 10, C a INd Cgpt wet Cell BaWy andkra with Braks J,LED SfwTaWwn L4gA&,1 -Y a , Technology.1S inch fiadid 7bm&Bolt&Wr 4wb Wheek.030 hwfinidiedAboaftm &Ifflar,LED 2kivior Lfthdmg EWftWAhWdWmWilk AnodizedFfniok AffA And-Parck Can Lock with ►Hdw,12 Vok Did Connector,Jack Ram Hoist wdh Sod Pad,50V CAWM to D 0 T A An A 8 C X Double s, Caror Codsd Wbv, V enlad P ist s, P f t e r t f 4 ,A11 Rwond HDRD Rear fokiing romp! Spare 7bw1 in a.CBSD Side entry do" 1 1 1 1 225x15 tires $95.00 1 Upgndg Goo&@4w 29W5To 22S/15 Load Amp Di SCOLF1 11. 1 !eLhwr onfloor ifaviltr-Prive Jupersqugmfow1 MT95X24241 Optional e -specify $4,980.001 ***102"x 24'MularTme 10,W#G C /Mdmwxk Raukr,Tubular Sfeel Midn.Ralk,16 1 Verdod Poeft.One Move A haninum W,7-Way 12 V Ekd Commeter..aWmflaidied Ahiminumri (Wit&Black }, Milk VW IWIrrim S&Wa Limp and Ceiling Liner,Cad Aluminum Rem CaA Un&r Fmw SM Oid Ahuninrs 1 Ce r,&dnkm Simi Front Cap&Front Cw=rA polidisdAlmginum Cajdnp FhW&Am Ckume Avar Cwwry Vema,BmukdEsmdor oRem RaW ,12 C L! 8" wffh t ,24"ATP ftne Cruar4 A Ahminum Wherk, inch 1 lVeriar Deeft Spare nre ! 51 Optional -specify $9,890.00, *0*102"x28' ]2,000#GVWR"*'OHeavyDuVLwkwdCwlMokrcydeHaukr,76baJarSkWMaivRatjx 1 f ,7-WaY12VBkdCWWdw,. Ahmdhum&*r1orShv i J, Wift VboilnbriorSkkwdiLbmrodColUngLimp,CastAbonhum Rear ONA UnderFmos, GWAhvubmmSkA Oass Members Won Comer,ftenkas&WI Front OF&Bkout CmmrA Po1AsWAhmbmm rs Vents, SkkWAR-NoRiveledSkams ,12VDehnv DmwLft*&, Ckanance&WmpffogmdTad " with A ,24nATPShmeGuar4Ahmw4v972Ahommun Wherk.314hwh hukrior Dedft Spm nm1 i equipment-specify $16.00' Add 6" r 6"1 ! 1 Optional equipment-specify $13.00' tr! a to 1 Centem Or&rpff linev aWkrfea1 WPW34 Optional equipment i -specify $10.00! aY4" Jfvor=draW a*rperfinvartraikribm1 INSWC1 Optional equipment-specify $43.00' Add insuhdian to a i!he includis whNevW ceffing-Orderper► r i 1 Optional equipment-specify 1 nNe Fi t Lbw and CkifingLimr.Orderper finvar vuikrfoori Pa 75 of 600 VEHICLE: CW110 DEALER: Tw=Trailers$ales and Tom Trailers Sales and Tam Tndcrs Sales and Tom Trailers Sales and Service Service service Service ZONE- Western Nwthem Contnd Soudlem BASE PRICE: $"85.00 "0.00 $&355.00 S%610.00 DEPWC Optional equipment-specify $795.00 1 Add dohm apmatap-kwhides 30 asp 1.20v pwwl wl 30 amp main and 25' Ir (3)15A daplm reapiowks,9)41 dm&kflwv*ww I*Wjhtwrs,wd(1)120V jnwMr wag swft*paatffp Induk#So cap M" BamPhWavdCoedl SOAB Optional equipment-s i $210.00' Upgrade Ekavkd to 50 mp mrvke. ACPKG Optional equipment-specify $1,550.00, Add]5.000 BTUmi&W air candWenerwah hwj d*. NSFLO2 Optional equipment-specify $42.00 Gray orBZa&*Ria1wdCkvkMcnW Vftdp7aw Covwft 0r&rperfin&wawler jbw TMOEN65Optional equipment-specify $5,690.00 Han&GenerwAr Pockap-A4�axw Mount 400 Wan-Achda Owfollo*ft &wa&dA-FrwwffwwTaGwmndw andEnclosedAhunimm GrwrworBox ON7XWPK Optional equipment-specify $9,310.00 7.S KW Onboard Generator Package-f defeffowimg; Conerator compo*wnt,abowflawfiol&Mk fuel p&W, remoor start,effbm mmaxA*dWdor,fin1fill dw ad how mew PGPKG Optiond equipment-specify $790.00' Gkneravr P"*PackW-Na Gwwww-1 Generator companomv,AWA 30 aW mvice,and carbon MMMI&&ww. I WWSVN Optional equipment-specify $51. 1 Welk Cargo&mdffd SW Wall Vents RV14 Optionalequipment-specify $69.00, ,RW Pent I WCRF Optional equipment-specify $259.00 Heavy dW alumMum ramp door iowndox.Maku a MwM trawfikafivai tin growd to the rem ramp dow DJBKWAC Optional equipment-s $340.00 4"A0m9abk 25/16"CWiPkr or Phak Z�w Coaphr.-A Adds HwW Lh*A OM#DrW Leg Tonpie Jwk ILO A-Fraw JM* I WCET Optional equipment-specify $205.00 &MU A-Fmw Togswe 12 HSLK Optional equipment-specify $137.00' Add high mcm*bar kw*wffh vkc/oat to si&door,rear dews or ramp am AS100 Optional equipment-spWify $270.00' Ahankm Rik Out SYep at Side Dow. RS100 Optional equipment-9 ify $119.00 Reattsed&WAISMeDoor WCAB100 Optional,equipment-specify $1,790.00 Inkriar Cabinets-1 8'Whire Abodmon hase cabinet with 18"Me Overhead Cabinet. RDR801 1 ipment-specify $39.00 SWO LB Fhah Mow Tie Down Dft In Moor WCET12 Optional equipment-specify $13.00' Whw ik down*vtem wL*d to si&wall r finear hwikrfboL TXTEMP Tempollay tag $15.00 30 Dqv T=Wwmy Papff Tag.hwhda$11. Pa 76 of 600 VEHICLE: CW1622-102 DEALER: Tom Trailers Sales and Texas Tmilers SalesTom Trailas Sales and Tom Traflas Savice SMvice, Service Service Southan PRICE:BASE $9,595.00 $9,230.00 ,355. $8,610.00 TXTRANS1i 1 00 r existing ! 3a. (must C , 15 . TXNEWT Now state tog 1 (specify1 x3245 ' .Fee Mwiry Tag ' ) t Maintenance 1 -specify NA Maintwmce Plan-specify NA t 6 r 1 Incl.t Wells aH 1 Welk c t 4 1 incl.t P44"277 of 600 i�S r E A, AD About ASSOCIATIONFLORIDA SHERIFFS & FLORIDA ASSOCIATION OF COUNTIES TX W —79000 LB GVWR SPECIFICATION # 6 2018 Wellso 1622-102 (Alternate DealerOption) The s Cargo CW1622-102 purchmst through thiscow d equipment as specified by the manufadum fbr this model and FSNs base vehicle (s)requrequirements which am included and mades put of this conftcft veNcle base price as awmded by s pecificaflon by zone. ZONE- Waftan Northern centw Southein SSEPRICE: bid-- id bid bid FloridaWhfle the s Association and Florida Associationties have attanptedd d include items most often requested by participatingcies s s, equipment d preferences going to vary fim apircy to a - a into our pmgram,we have muted specific aWdalete options which purchaserallow the "cls to their particular wants or nee&, The Mowing equipmeatdeleft and add options and their rehftd cost am provided anist you in approxhuaft the tota wst of the*W vehicle(s)you wish to orda through Ns pmgrmn. Simply deduct the cost of any of the following equipment itom you wish dei d add the cost of any equipment items you wish added to the base unk cost to demmine_ appruximaft cosi of the tyW vehicle(s)you wish to order. NOM Hating s prig Wd d appropriate ds your when preparing order.Additional addhielete options other than these listed here may be avaflable ftaigh the&-alan,however,those listed d by the detalarsin yoirstated.pricec Pa X278 of 600 6.F. CONSENTAGENDA 5/1/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: Accept the City of Boynton Beach Community Rating System (CRS) Flood Mitigation Plan Progress Report, Action Plan Updates and Program fro Public Information Evaluation Report (May-December 2017). Copies will be available to the public on-line at the Utility's Facebook page (https://www.facebook.com/BoyntonBeachUtilities/) and a number of copies are available on the table at the back of the commission chamber. EXPLANATION OF REQUEST: The City of Boynton Beach has been actively participating in the Community Rating System (CRS) since it entered the program in October 1991. The CRS is a component of the National Flood Insurance Program (NFIP)which provides reductions to flood insurance premiums for residents and businesses within participating communities. The City has developed a comprehensive outreach program to educate the community on the benefits of floodplain management and to highlight the importance of flood mitigation. I n April 2013, the City established a Program for Public Information (PPI) Committee and began the process of evaluating existing outreach efforts and making recommendations to improve outreach. The Committee's work included the following: • Assessment of the community's public information needs • Formulation of messages and their intended effects • Identification of outreach projects to convey the messages • Examination of other information initiatives • Preparation of a Program for Public Information (PPI) Implementation Guide As part of this outreach program the City will make available to the public the following three documents: • Flood Mitigation Plan Progress Report • Flood Mitigation Activities Action Plan Updates • Program for Public Information Evaluation Report, May—December 2017 These documents are available to the public on-line at https://www.facebook.com/BoyntonBeachUtiIities/and a number of copies are available on the table at the back of the commission chamber. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The CRS program is part of the City's efforts to increase awareness of flooding risks and provide a reduction in flood insurance premiums to our residents. FISCAL IMPACT: Funds are Budgeted for this program ALTERNATIVES: Do not allow the Announcement Page 279 of 600 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment - Flood Mitigation Plan Progress Report D Attachment Flood Mitigation Activities Action Plan Updates D Attachment Program for Public Information Evaluation Report Page 280 of 600 2017 City of Boynton Beach Flood Mitigation Plan Progress Report 1. Name of the CRS Floodplain Management Plan: The City of Boynton Beach, Florida Flood Mitigation Plan (FMP) 2. Date FMP Adopted: July 16, 2013 3. Location where copies of this Progress Report and FMP are available for review: City of Boynton Beach Office of Stormwater Supervisor, Angela Prymas, P.E. 124 E. Woolbright Road Boynton Beach, Florida 33435 (561) 742-6421 4. Summarize any flooding that occurred during the year (if any): N/A 5. What impact did the floods have on repetitive loss areas? N/A 6. List what was accomplished during the previous year: Harbor Estates (North & South Roads) Neighborhood Improvement Project The Harbor Estates Neighborhood experiences periodic roadway flooding and standing water during heavy rainfall events, which has affected the residential property owners located in the vicinity of North and South Roads. To improve the quality and reliability of the Harbor Estates Neighborhood Utilities, the City of Boynton Beach will provide a new stormwater system that will collect the stormwater and discharge through four (4) shallow outfalls located along the north edge of North Road and one (1) shallow outfall at the southeast corner of the neighborhood. The project also includes replacing aging and undersized water mains and upgrading fire hydrants in the project area. A new roadway and curbing will also be provided. The Project is under construction. The water main is complete and in service. The storm water is about 60% completed and road work has started. The entire project is estimated to be completed in November 2017. Page 281 of 600 Central Seacrest Corridor Neighborhood Utility Improvements — Phase II Bid Award The goal of the project is to replace aging and undersized water mains and improve drainage within the right of way. The project is a continuation of the work was completed during Phase I. The Utilities Department will conduct Customer Outreach for the project that will include neighborhood informational meetings. Brochures and door hangers will be placed at each residence in the construction area prior to construction activity. There will be daily construction updates on Facebook as well as Twitter updates for road closures and construction activity. A complaint line will be available for residents to call City and Contractor staff directly, with immediate response to concerns and complaints. City staff will track and document all outcomes and resolutions. NE 20th Avenue Drainage Improvements Project The purpose of this project is to mitigate localized flooding within an existing residential neighborhood of 13 acres by decreasing the extent of inundated area water ponding duration during rainfall events. The project will also reduce nutrient loads to the environment and local waterways. In addition to the expected increase of resident's satisfaction and wellbeing; the community will no longer be exposed to flooding repercussions, i.e. *unable to access/egress dwellings due to water depth, extent of inundated area and water ponding duration *damage to vegetation and property *soil erosion *hindering school/work attendance *safety concerns The Stats of the project consists of enhancement of City operations by installing approximately *1,650 LF of 24-inche diameter exfiltration trench *3,000 LF of swales *25 Inlets and catch basins *Substantial Completion: 120 days *Contract amount of$614,369.13 *plus a 10% contingency of$61,436.91, for a total estimated amount of$675,806.04. 7. Were any City of Boynton Beach objectives not reached or is implementation behind schedule? If so, state why. The status of each Action Item is attached to this report. Page 2 of 3 Page 282 of 600 8. Should new projects specific to the City of Boynton Beach be started or should any of the recommendations or objects be revised: No. The FMP will be updated by the FMP Task Force in 2019, and new projects will be added at that time. 9. Annual Evaluation Report discussed and/or made available at a public meeting. The status of all mitigation projects and success stories are reported and discussed at the Flood Mitigation Plan Task Force meetings. All general meetings are publicized through posted announcements. The status of the City's flood mitigation projects and general Capital Investment Projects are discussed in the City's budget meeting hearings which are publicly held. 10. We have provided copies of this report to our governing board and local media. This report is being submitted to the City Commission via an agenda item. This report is being released to the local media, and is available to the public. Information Contact: Angela Prymas, P.E. Stormwater Superviser City of Boynton Beach 124 E. Woolbright Road Boynton Beach, Florida 33435 (561) 742-6421 Attachment Page 3of3 Page 283 of 600 F City of Boynton Beach Flood Mitigation Plan Action Plan Update 2017 Page 284 of 600 �itv cif>C civ ttc�t >C cac Flood Nfitiontion Plan Action Plan - Section Nine The following are flood mitigation activities recommended by the City of Boynton Beach Flood Mitigation Task Force in September 2012. Action Items 1. Implement the Utility Department capital improvement project named NE 3rd Street Stormwater Improvements, which includes NE 1St Street and NE 6t" Avenue in the Heart of Boynton area (See Appendix N for details of project). Action: This area is from Boynton Beach Boulevard north to the C-16 Canal and from Seacrest east to Railroad Avenue. It includes the City's Public Works compound, which was a problem with TS Isaac because this is where the City vehicles are fueled but it was under water; we would not have been able to fuel our emergency vehicles if there had been five more inches of rain. Will require an RFQ for a study first and then the design would follow the study. The NE 1St Street and NE 6t" Street area should be top priority. Funding: Capital Improvement Program Fund. Will research possibility of FEMA grant funds. This mitigation project will be submitted to the Palm Beach County Unified Local Mitigation Strategy (PBC LMS) Project Prioritization List (PPL). 2012 Progress: Utilities staff is doing in-house swales and exfiltration trenches to reduce flooding in the area. The project remains in the Palm Beach County Unified Local Mitigation Strategy (PBC/L.MS) Project Prioritization List (PPL..). 2. Implement the Utility Department Lakeside/NE 20th Avenue Neighborhood Utility Improvements capital improvement project (See Appendix N). Action: Has been on the books for a while and would require an RFQ to go out for engineering services to study the area and come up with a design. Funding: Capital Improvement Program Fund. Will research possibility of FEMA grant funds. This mitigation project will be submitted to the Palm Beach County Unified Local Mitigation Strategy (PBC LMS) Project Prioritization List (PPL). 2012 Progress: Both Lakeside Gardens and NE 2W, Avenue Neighborhood Utility CIP are currently under construction. There has been a total investment of $850,000 for engineering and construction. 3. Implement a program to encourage homeowners'associations (HOAs) to maintain their drainage control structures/systems. December 2012 Section Nine, Page I of 21 Page 285 of 600 Flood 'Bostic n Plan Action: The Utilities Department will create a set of Standard Operating Procedures for the management companies of the HOAs so that they are educated as to what they should be doing pre-storm and post-storm. There should be a checklist for the management companies to follow. This will empower the HOAs to hold the management companies responsible if flooding occurs. Funding: Staff time (operating funds) 2017 Progress: Ongoing outreach efforts in coordination with FDOT, SFWMD and L.WDD through workshops, utilities annual report and other publications. SOPS were completed in 2016. 4. Implement the Utility Department capital improvement project named "Golfview Harbor Neighborhood Utility Improvements". This area is west of 1-95 (See Appendix N). Action: Primarily a swale project. To be completed in the next fiscal year of 2013- 2014. Funding: Capital Improvement Program Funds. Will research possibility of FEMA grant funds. 2017 Progress: In-house swale project completed in 2016 in place of the CIP project. 5. Continue City participation in, and compliance with the National Flood Insurance Program (NFIP) and the Community Rating System (CRS). Seek CRS classification improvements within capabilities of City programs, including adoption and administration of FEMA-approved ordinances and flood insurance rate maps (FIRMs) thus enhancing the City's flood mitigation efforts while securing insurance premium rewards for its residents and businesses. Action: This is the responsibility of the Development Department. This is an ongoing policy and the City will continue its current approach. Funding: Staff time (operating funds) 2017 Progress: 5 year cycle visit has been completed. The City improved to a Class 6 rating. On September 19, 2017 the City Commission approved by ordinance 17- 029, the City's adoption of FEMA's Palm Beach County Flood Insurance Rate maps (FIR.Ms) to become effective October 5, 2017. 6. Implement the Utility Department Chapel Hill Utility/Lake Eden Improvements capital improvement project. This area is east of 1-95 (See Appendix N). Action: Primarily a swale project. Will be completed in the next fiscal year of 2013-2014. Funding: Capital Improvement Program Funds. Will research possibility of FEMA grant funds. December 2012 Section Nine, Page 2 of 21 Page 286 of 600 Flood Nfition ion Plan 2817 Progress: Svva|es have been completed in portions of the neighborhood. This is an ongoing maintenance project. 7. Encourage all property owners to purchase flood insurance. Action: This is the responsibility of the Development Department to be implemented through education and outreach. Funding: Staff time (operating funds) 2017 Progress: Ongoing. S. Encourage drainage solutions such as the use of pervious concrete and pavement. Action: This is current City policy and will continue as is. This is the responsibility of the Development Department. Funding: Staff time (operating funds) 2017 Progress: Ongoing. 9. Provide ongoing training and evaluation of the CERT program. Action: This is current on-going City policy and will continue as is. The CERT members meet with the City's Fire Department four times a year. Two of those meetings are within two months ofhurricane season. The Boynton Beach CERT program isone ofthe best in the County. Funding: Staff time (operating funds) 2817 Progress: The City's CERT program continues to grow each year. 10. Implement the Utility Department North and South Road Neighborhood Utility Improvements capital improvement project (See Appendix N). Action: The City has tried to implement this project but it is on hold. Originally it was awater main and stornnwaterproject. The homeowners have refused togrant an easement in their side yards for the outfall. This area is at the seawall. Part of the problem is that the lots of some of the newer homes are built at a higher elevation, which has impeded the sheet flow of water. Funding: Capital Improvement Program funds. Will research possibility ofFEMA grant funds. This mitigation project will be submitted to the Palm Beach County Unified Local Mitigation Strategy (PBC LMS) Project Prioritization List (PPL). December 2012 Section Nine, Page 30f2l Page 287Of600 Flood Nfition ion Plan 2817 Progress: North and South Roads Neighborhood Utility CIP is currently Under construction with a total investment of over 2 Million for engineering and construction. 11. Implement the Utility Department capital improvement project called Replacement Sb7nnwaterPump /n Sb7nnwaterRetention Areas (See Appendix 8). Action: This is to help with Utility Department's operations and maintenance budget. Funded each year basically on an as needed basis. There is nota specific project area identified. The City may need a replacement pump if the flow exceeds the pump capacity. These funds would be used if something comes up that would exceed the operating budget Funding: Capital Improvement Program Funds. Could only submit project for a grant if specific pump or project is identified. 2817 Progress: This program has been implemented. Pumps are purchased and replaced on an as-needed basis. 12. Encourage the City's departments to come forward with projects to enhance flood mitigation, particularly in repetitive loss areas and areas of frequent flooding for which the Grant Coordinator will pursue appropriate grants to fund the projects. Some examples of available grants are: ° Flood Mitigation Assistance Grant ° Hazard Mitigation Grant ° Pre-Disaster Mitigation Grant ° Repetitive Flood Claims ° Severe Repetitive Loss Grant Action: The Grant Coordinator will follow up annually on this responsibility and provide a progress report to the Flood Mitigation Task Force in August of each year. Funding: Staff Time (operating funds). Matching funds, if required will have to be budgeted in or will be assumed by the homeowner if agreed. 2017 Progress: The City has applied to the SFN/MD StormvvaterGrants program and the Local Mitigation Strategy during 2816. 13.Assign an individual to continually update information prior to, during, and after a hurricane or flood event, including road and bridge closures, evacuation orders, emergency shelter locations and electrical outages. This update responsibility can include some of the following options: ° City website ° Email advisements ° Television Government Access Channel ° BBTV ° Electronic message boards ° Reverse 911 telephone system December 2012 Section Nine, Page 40f2l Page 288Of600 �itv cif>C civ ttc�t >C cac Flood Nfitiontion Plan • E-News • Public service announcements through local media (radio, newspapers, etc.) • Social media including Twitter and Facebook • Citizen Hotlines • Brochure handouts at Points of Distribution (PODs). The POD in Boynton Beach is the Hester Center. Action: This is a current City procedure and will continue as is as a responsibility of the Boynton Beach Emergency Management Division. The Standard Operating Procedure written for emergency information dissemination shall include the items listed above. Funding: Staff time (operating funds) 2017 Progress: This is currently being implemented. 14. Implement the Utility Department Stormwater Rehabilitation through the Entire City System capital improvement project (See Appendix N). Action: This is to help our operations and maintenance. Funded each year basically on an as needed basis. There is not a specific project area identified. This is used if something would exceed the operating budget. Funding: Capital Improvement Program Funds. Could only submit project for a grant if a specific pump or project is identified. 2017 Progress: Completed. 15. Ensure that City crews maintain and operate all flow control structures for which it is responsible and encourage private and regional entities to do the same. Action: This is the responsibility of the Utility Department. Funding: Staff time (operating funds) 2017 Progress: Ongoing coordination with FDOT, SFMD and L.. DD through meetings and workshops. 16. Evaluate the City of Boynton Beach Flood Mitigation Plan, particularly the Action Plan, annually. Action: The Development Department will be responsible to prepare an evaluation of the Flood Mitigation Plan, including the Program for Public Information, for every annual meeting of the Flood Mitigation Plan Task Force. This responsibility will be ongoing. Funding: Staff time (operating funds) December 2012 Section Nine, Page 5 of 21 Page 289 of 600 Flood Nfition ion Plan 2017 Progress: The 2017 Flood Mitigation Plan Evaluation was completed in September and this evaluation will be communicated to Commission. 17. Update the City of Boynton Beach Flood Mitigation Plan every five years. Action: The Development Department will be responsible to ensure that the Flood Mitigation Plan is updated every five years and coordinate the update with the Palm Beach County Unified Local Mitigation Strategy's five-year update committee. Funding: Staff time (operating funds) 2017 Progress: This will be done in 2018. 18. Enhance communication methods in preparation for, response to, and recovery from natural hazard events by utilizing social media, smartphone applications, and other new technology. Action: Palm Beach County has introduced a free smartphone app, PBC DART (Palm Beach County Disaster Assessment and Resource Tool). The American Red Cross Hurricane app use should b e encouraged. The City's Emergency Management Division will continue the use of social media and explore new technology as it becomes available Funding: Staff time (operating funds) 2017 Progress: Social media is currently being utilized as well as the Fire Department's CodeR.ED Emergency Notification System. 19. Review City Code of Ordinances and make recommendations, if necessary to strengthen maintenance requirements of private stormwater management facilities, including structures controlling flow and prohibiting parking in swales. Action: The Utility Department will collaborate with the Building Official, Code Compliance Division and others to make code revisions that would improve private stormwater management facilities attenuation. Funding: Staff time (operating funds) 2017 Progress: Restrictions on driveway widths and impervious area have been implemented in the Land Development Regulations and included on details in Utilities Engineering Handbook. 20. Ocean Inlet Drive and Shore Drive Stormwater Improvements should be submitted as a future Utility Department Capital Improvement Project. Action: Flood conditions have been observed within these rights-of-way, in part, due to debris in storm drains. Staff recommends purchasing different types December 2012 Section Nine, Page 6 of 21 Page 290 of 600 Flood Nfition ion Plan ofgrates that would help allow for more efficient drainage. The Utilities Department may consider this area fora future capital improvement project. Funding: Capital Improvement Program Funds. Research the possibility ofFEMA grant funds. This mitigation project will be submitted to the Palm Beach County Unified Local Mitigation Strategy (PBC LMS) Project Prioritization List (PPL). 2017 Progress: Ocean Inlet Drive StormvvaterImpnDvements Project was completed in early 2817 with a total cost of $100.000. There are not drainage issues in Shore Drive. 21. Innp|ennent the Utility Department Lake Boynton Estates Neighborhood Utility Improvements capital improvement plan (See Appendix N). Action: Includes potable water mains and stornnwater improvements; primarily swa|es and some exfi|tration. The project is in the final design stage is planned to be bid by the end of the calendar year (2012) pending approval of the City, which is being done by procurement in the City Attorney's office. Funding: Capital Improvement Program funds. Research the possibility ofFEMA grant funds. This mitigation project will be submitted to the Palm Beach County Unified Local Mitigation Strategy (PBC LMS) Project Prioritization List (PPL). 2017 Progress: Project is completed. 22. Implement the Utility Department Seacrest Corridor Neighborhood Utility Improvements capital improvement project (See Appendix N). Action: Similar tothe Lake Boynton Estates project; primarily awater main project that will include some stornnwater improvements such as swa|ing and exfi|tration. It is planned to be out for bid by December 2012. Funding: Capital Improvement Program funds. Research the possibility ofFEMA grant funds. This mitigation project will be submitted to the Palm Beach County Unified Local Mitigation Strategy (PBC LMS) Project Prioritization List (PPL). 2817 Progress: Phase I completed in March 2816 with a total cost of $18 Million. Selection of a design-built team for the Phase II implementation with an approximate budget of $2.5 M is underway. 23. Ensure adherence to the City's Emergency Procedures Manual, particularly in the event of evacuation orders. Action: A consultant has been hired by the City to update the Emergency Procedures Manual, which will be completed by the end of October 2012. Emergency Management Division personnel should review key components of the procedures before ]une 1st of each year. December 2012 Section Nine, Page 70f2l Page 291Of600 Flood Nfition ion Plan Funding: Staff time (operating funds) 2017 Progress: The City's Emergency Procedures Manual that was adopted in 2813 is still in effect. 24.Complete the inventory of the City's drainage structures. Action: This is requirement ofthe City's National Pollutant Discharge Elimination System (NPDES) permit. As part of the 5-year permit cycle, 2096 must be inventoried annually. To be completed by the Utility Department by March 2016. Funding: Staff time (operating funds) 2817 Progress: This is an ongoing process to fulfill NPDES permit requirements. In addition, field data collection is ongoing to implement and populate the new Utilities GIS system. 25. Implement the following Utility Department Capital Improvement Plan stornnwater project: Stonnwaher Master Plan and Updates — Review the status of the City's stornnwatersystenn and develop plans for its ongoing maintenance and improvement and ensure compliance with any NPDES regulations (See Appendix N). Action: This is a "high priority^ Capital Improvement Project scheduled to be completed in 2013. This will be a study of the Heart of Boynton area. Has to go to RFQ. Funding: Capital Improvement Program funds. Research the possibility ofFEMA grant funds. 2817 Progress: The Utilities Department implemented a Comprehensive Utilities Optimization Plan which includes a water, waste water and storDOvvaterana|ysis and rate evaluation. 26. Encourage designation, protection, and maintenance of wetlands, mangroves and environmentally sensitive |ands.. Action: The Army Corps ofEngineers manages wetland ecosystems and requires permits for certain development activities. The Palm Beach County Department of Environmental Resources Management has no permit authority over jurisdictional wetland areas. All wetland areas claimed as jurisdictional by eitherthe South Florida Water Management District (SFVVMD) or the United States Army Corp of Engineers (ACOE) are exempt from the County's vegetation removal process; only native upland vegetation located outside of wetland boundaries are subject to permit. This recommendation is ongoing and is the responsibility of the City's Development Department. There are no plans to change the current approach. Funding: Staff time (operating funds) December 2012 Section Nine, Page 00f2l Page 292Of600 Flood Nfition ion Plan 2017 Progress: Conservation overlays are currently a part of the City comprehensive plan and designated on the City's future land use map. This is ongoing as part of development approval process. 27. Encourage FEMA to update Flood Insurance Rate Maps (FIRM) to include base flood elevations in all Special Flood Hazard Areas (SFHA). Action: FEMA is in the process of updating the County's FIRMs at this time. The Development Department will keep the City updated on the progress of the mapping. Funding: Staff time (operating funds) 2017 Progress: The Federal Emergency Management Agency (FEMA) has recently developed new flood maps for the City of Boynton Beach which were effective on October 5, 2017. Flood maps are used as a basis for determining flood risks, building requirements and insurance premiums. 28. Increase the correction of localized drainage problems so that Level of Service standards are enhanced. Action: The Utility Department will continue efforts to maintain, replace, and upgrade drainage features to minimize or eliminate localized drainage problems. The Director of the Utility Department shall submit records in August of each year to the Flood Mitigation Plan Task Force Chair outlining the previous year's accomplishments. This is reported annually to the Department of Environmental Protection. Funding: Capital Improvement Program funds. Research the possibility of FEMA grant funds. 2017 Progress: The City report to FDEP on the MSM - AnnUal Report the drainage improvements projects, Completed.in the previOLIS year: Central Seacrest Corridor t Jtilities frnprovements Pro,lect Phase f Ongoing dUring CUrrent vear: • Central Seacrest Corridor Phase f f • North & SOLIth Roads • Ocean fnlet Drive, Completed. • NE 20th AxenLIC • L,akeside Garden 29. Require that installation of stormwater management facilities made necessary by new development is the responsibility of the developer. December 2012 Section Nine, Page 9 of 21 Page 293 of 600 �itv cif>C civ ttc�t >C cap Flood Mitiontic n Plan Action: This is current policy and will continue as is. This activity is ongoing as the responsibility of the Utility Department. Funding: Staff time (operating funds) 2017 Progress: This continues to be implemented. 30. Identify City parks and unbuildable lots (as determined by the Development Department) that could be designated for permanent open space and encourage such designation where possible. Action: This responsibility will be a collaboration of the Parks and Recreation Department, Development Department, and the Public Works Department. Funding: Staff time (operating funds) 2017 Progress: City has a verbal contract with the Developer of the Riverwalk project to acquire approximately 5.76 acres of mangrove land on their parcel south of existing plaza. City will designate as a nature preserve and open space. 31.Consider areas for multiple uses that can be used for storage of floodwaters (retention/detention areas), such as ball fields, public rights of way, parks, and designated open space in locations that have flooding problems. Action: This will be a joint responsibility of the Utility and Development Departments. Funding: Staff time (operating funds) 2017 Progress: Evaluation is ongoing. Occasionally staff implements pumping of stormwater runoff to City Parks and Recreation facilities during storm events. leo City parks have been designated as permanent open space over the past three years; acquisition of unbuildable lots is not economically feasible at this time. 32.The Development Department shall evaluate the building/site regulations of each zoning district and make recommendations for minimum open space requirements. Action: The Development Department will be responsible to implement this activity. Funding: Staff time (operating funds) 2017 Progress: The City is currently in the process of conducting a Land Development Regulation audit as part of the CRA Redevelopment Plan implementation. , s part of the audit open space requirements will be reviewed and studied for potential changes. December 2012 Section Nine, Page 10 of 21 Page 294 of 600 �itv cif>C civ ttc�t >C cap Flood Mitiontic n Plan 33. Require new development that requires site plan approval to incorporate historical drainage patterns in the analysis of the required stormwater storage. Action: This is current City policy and the collaboration between the Utility and Development Departments will continue as is. Funding: Staff time (operating funds) 707 Progress: This continues to be implemented. 34. Encourage developing provisions for stormwater design management practices in low- impact development. Action: The Utility and Development Departments have joint responsibility for this item. Funding: Staff time (operating funds) 707 Progress: This is being implemented on a voluntary basis through the Green Building Program. 35.Continue the City's maintenance program to clear debris from stormwater drainage areas. Action: The Utility Department will assure that this program is implemented and shall make the records available to the CRS Coordinator each year. This activity is ongoing and the City will continue its current approach. Funding: Staff time (operating funds) 207 Progress: This is being implemented. 36.As part of the City's NPDES program, continue sediment control to prevent clogged drainage systems such as street sweeping, curb and gutter cleaning and planting vegetation on bare ground. Action: This is current policy and the Public Works Department will continue the current approach.. Funding: Staff time (operating funds) 207 Progress: Ongoing. 37. Prioritize the reduction of repetitive loss properties through various means of mitigation, update repetitive loss forms, and strive to remove properties from the Repetitive Loss List. December 2012 Section Nine, Page I I of 21 Page 295 of 600 Flood Nfition ion Plan Action: This is an ongoing activity that will continue as a top priority of the City's Development Department, the results of which will be reported annually to the Flood Mitigation Task Force. This is current policy and will continue as is. Funding: Staff time (operating funds) 2017 Progress: As there is limited funding to mitigate and acquire property, no mitigation activities have been completed on the City's repetitive loss sites. City will continue to work on a case by case basis as funding opportunities arise. 38. Include notification of grants, loans, and service availability in all City media publications, seminars, and websites that pertain to flood mitigation. Action: This item will become a part of the City's Program for Public Information (PPI) and will be a joint collaboration between the City Manager's Office and the Development Department. Funding: Staff time (operating funds) 2017 Progress: Ongoing. 39. Provide information to residents, businesses, property owners on the purpose, importance, and proper maintenance of swales. Action: This is an ongoing activity by the Utility Department and will continue the current approach. Funding: Staff time (operating funds) 2017 Progress: The Utility Department continues to implement this. 40.Work with developers when redeveloping commercial or mixed-use sites along the Intracoastal Waterway by encouraging that they dedicate the easternmost portions of land granted as an easement or to be greenways for public access and use. When redevelopment is proposed on private properties located along the Intracoastal Waterway, staff shall collaborate with the developers to encourage public access along the easternmost portion of the property (e.g., development of a greenway, pedestrian path, bikeway, etc.) by the granting of an easement or other legal means. Action: This is an ongoing responsibility of the Development Department. Funding: Staff time (operating funds) 2017 Progress: As part of the Riverwalk (Mixed Use) development approval the developer is required to grant the City a public access easement on their property adjacent to the intra-coastal waterway. This easement must be dedicated prior to issuance of building permits. December 2012 Section Nine, Page 12 of 21 Page 296 of 600 Flood Nfition ion Plan 41.Consider City acquisition of repetitive loss and/or adaptation action area properties along the Intracoastal Waterway. Action: This responsibility will be a collaboration of the City Manager's Office, the Development Department and the Legal Department. Funding: Staff time (operating funds). Research the possibility of FEMA and other grant funding. 2017 Progress: This has not been implemented to date, considering the high cost entailed. 42.Collaborate with Florida Communities'Trust to assist with funds in acquiring properties in the Special Flood Hazard Area (SFHA). Action: This responsibility will be a collaboration of the City Manager's Office, the Development Department and the Legal Department. Funding: Staff time (operating funds) and grant trust funds. 2017 Progress: This has not been implemented to date, based on the changes with the City's FIRM maps. This item will be re-evaluated with the recent adoption of the new firm maps. On September 19, 2017 the City Commission approved by ordinance 17-029, the City's adoption of FEMA's Palm Beach County Flood Insurance Rate maps (FIR.Ms), effective October 5, 2017. 43.Collaborate with the Southeast Florida Regional Climate Change Compact as they make recommendations for land development standards with respect to low-lying coastal areas. Action: The City will be asked to pass or approve by Commission resolution to adopt the Compact where feasible for the Boynton Beach community, saying we accept the Compact and will look to incorporate the feasible implementation strategies into the City's land development regulations and Comprehensive Plan. In early 2013 all of the municipalities will be presented with a resolution and will be asked by the County Administrators of Palm Beach, Broward, Miami-Dade and Monroe Counties to adopt. This will be the responsibility of the City Manager's Office. Funding: Staff time (operating funds). Research grant funds for implementation. 2017 Progress: This has not been implemented to date, based on the impending changes with the City's FIRM maps. This item will be re-evaluated upon adoption of the new firm maps. December 2012 Section Nine, Page 13 of 21 Page 297 of 600 �itv cif>C civ ttc�t >C cap Flood Mitiontic n Plan 44. Educate citizens about and encourage them to consider the following forms of retrofitting for areas or buildings with major flooding issues: • Install backflow valves on sewer systems • Elevation of structures by piers, posts and columns, and pilings • Create a secondary water barrier • Elevate the lowest floor above the 100-year flood level • Wet floodproofing (allowing water to enter uninhabited areas of the structure) • Dry floodproofing (sealing the structure to prevent flood waters from entering) • Levees and floodwalls (constructing a barrier around the structure to keep out flood waters) • Demolition (tearing down the structure and rebuilding with appropriate floodproofing techniques or relocating the structure) • Elevate the main breaker or fuse box Action: This is an ongoing activity through education and outreach and is the responsibility of the Development Department. Funding: Staff time (operating funds) 2017 Progress: Ongoing. 45. Encourage floodproofing techniques in order to preserve and revitalize neighborhoods. Action: This is an ongoing activity through education and outreach and is the responsibility of the Development Department. Funding: Staff time (operating funds) 7017 Progress: Ongoing. 46. Encourage property owners to use qualified hazard mitigation professionals to inspect building foundations and access damage after flood events. Action: FEMA, insurance agents, the State National Flood Insurance Program (NFIP) office and the City's Development Department will provide contact information Funding: Staff time (operating funds) 2017 Progress: Ongoing. 47. Identify, inform, and encourage homeowners' associations to install littoral/upland buffer plantings around lakes and retention areas. Action: This will be a responsibility of the Development Department through education and outreach. December 2012 Section Nine, Page 14 of 21 Page 298 of 600 �itv cif>C civ ttc�t >C cap Flood Nfitiontion Plan Funding: Staff time (operating funds) 2017 Progress: Ongoing. 48. Identify privately owned and public natural and beneficial areas in the City and consider expansion of the City's properties that are designated natural and beneficial areas. Action: The Development Department will implement this item. Recommendations will be presented to the Flood Mitigation Plan Task Force in its Task Force meetings. Funding: Staff time (operating funds) 2017 Progress: City has a verbal contract with the Developer of the Riverwalk project to acquire approximately 5.76 acres of mangrove land on their parcel south of existing plaza. City will designate as a nature preserve and open space. 49. Maintain strong enforcement of South Florida Water Management District and Lake Worth Drainage District regulations pertaining to floodplain management. Action: The Utility and Development Departments continue this current policy as is. Funding: Staff time (operating funds) 2017 Progress: This continues to be implemented. 50. Encourage individual property owners to pursue percolation-oriented drainage improvements using best management practices through outreach and education. Drainage that seeps into the soil, rather than being directed out to the ocean, provides multiple benefits. Not only does it mitigate flooding, but it also recharges the aquifer, enhances water quality, and reduces erosion. Action: The Development Department will include recommendations pertaining to percolation-oriented drainage in the form of outreach and education. This activity will be ongoing. Funding: Staff time (operating funds) 2017 Progress: Ongoing, projects typically include exfiltration trench and/or injections wells as part of their onsite storm water management systems. , s we further implement the requirements of NPDES program point source discharges are being measured for nutrients and contaminates, as well as best management practices are provided to prevent future discharges. December 2012 Section Nine, Page 15 of 21 Page 299 of 600 �itv cif>C civ ttc�t >C cac Flood Nfitiontion Plan 51. Implement strict enforcement of best management practices for reducing erosion during development activity. Action: The Development Department will be responsible to implement this activity. This is current City policy and should continue as is. An accounting of enforcement of this activity will be included in each annual evaluation of this Plan. Funding: Staff time (operating funds) 2017 Progress: Ongoing. 52.Consider dune restoration programs. Action: This activity will be the responsibility of the Parks and Recreation Department. Funding: Staff time (operating funds). Research the possibility of grant funds. 2017 Progress: Further study and inventory of the dunes is required prior to any restoration efforts. 53. Research whether the State will provide free sand and sandbags to residents prior to impending floods. Action: This will be the responsibility of the City's Emergency Management Division. Research the possibility of the State providing sandbags through the County for distribution at PODs. Funding: Staff time (Operating funds) 2017 Progress: This has not been implemented as a free provision. The County Emergency Management Operations Center can order sand and sandbags if necessary. 54. Ensure optimal staffing of emergency management personnel to receive and respond to emergency events. Action: This practice will continue as in the past, in accordance with Incident Command System (ICS) standards and ensuring adherence to the City's Emergency Procedures Manual. Funding: Staff time (operating funds) 2017 Progress: This continues to be implemented. 55. Integrate response to flooded homes with appropriate response organizations (CERT, American Red Cross, faith based organizations and other non-profit entities). December 2012 Section Nine, Page 16 of 21 Page 300 of 600 Flood Nfition ion Plan Action: The Emergency Management Division will contact appropriate response organizations at least 24 hours prior to anticipated hurricane or flooding event. During or immediately following the event, contact with these organizations will be made again to ensure integration of response in accordance with the City's Emergency Procedures Manual. Funding: Staff time (operating funds) 2017 Progress: This is currently implemented during events that provide avvarning period. 56. Identify all critical facilities located within SFHAs and make contingency plans for each, inthe event offlooding. Action: The City's Fire and Life Safety Division will collaborate with the Risk Management Department to identify all critical facilities located within the SFHAs and to make the recommended contingency plans by [date] of each year. A preliminary report will be presented to the Palm Beach County Local Mitigation Strategy and the Boynton Beach Flood Mitigation Task Force. Funding: Staff time (operating funds) 2817 Progress: All critical facilities have been Updated. 57.Continue to ensure that all new public buildings that serve first response and critical emergency/public needs, including record/data collection and communication centers/infrastructure, are located outside of flood zones orf|oodprone areas. Action: The Development and Engineering Departments will be responsible for this activity and will continue the current policy as is. Funding: Staff time (operating funds) 2017 Progress: Ongoing. 58.Annually update the list of nursing homes and smaller home care centers (Type 1 Group Homes) in the City and the priority list of critical facilities. Action: The City's Fire Department completes this every year. This procedure will continue as is. Funding: Staff time (operating funds) 2817 Progress: This is continuously updated. 59.Confirm that all nursing homes have an emergency plan. December 2012 Section Nine, Page 170f21 Page 301Of600 Flood Nfition ion Plan Action: This is required every year by the City's Fire Department and will continue the current procedure as is. Funding: Staff time (operating funds) 2017 Progress: This continues to be implemented. 60. Keep Special Registry List and share with CERT teams. Action: This list is maintained by the City's Fire Department and will continue its current approach. Funding: Staff time (operating funds) 2017 Progress: This continues to be implemented. 61.The Stormwater crew will keep a registry of problem areas that requires the use of vacuum trucks in the event of a flood event, including after regular business hours. Action: This is current policy and will continue as is. The Stormwater Director will coordinate with the Fire and Life Safety Division. Funding: Staff time (operating funds) 2017 Progress: This continues to be implemented. 62. Explore funding opportunities to retrofit critical facilities to be more flood and wind resistant. Action: This is the responsibility of the City Manager's Office and is an ongoing policy that will continue as is. Funding: Staff time (operating funds) 2017 Progress: No grant funding has been identified to date, but the City monitors grant opportunities on an ongoing basis. 63.Continue to advertise evacuation routes. Action: This responsibility of the Emergency Management Department will continue as is through education and outreach. Funding: Staff time (operating funds) 2017 Progress: This continues to be implemented. December 2012 Section Nine, Page 18 of 21 Page 302 of 600 �itv cif>C civ ttc�t >C cap Flood Nfitiontion Plan 64. Post contact information so that citizens know how to contact FEMA post-flood. Action: The Emergency Management Department shall ensure that the literature and announcements included in the City's public information outreach includes this information. The City will continue this practice as is. Funding: Staff time (operating funds) 707 Progress: This continues to be implemented. 65. Provide knowledgeable staff to assist citizens, before, during and after a flood event to help them understand their repair, rebuilding, flooding and mitigation options. Action: The Building Official will coordinate this assistance based on staff availability and prioritized needs. This is a current City procedure and will continue as is Funding: Staff time (operating funds) 207 Progress: Ongoing. 66.Assure annual distribution of printed copies of the Boynton Beach Hurricane Survival Guide in multiple languages at City Hall. Action: This item will be the responsibility of the Emergency Management Department. Currently the guide is not provided in printed form due to budget constraints. Funding: Research grant availability. 707 Progress: The guide is provided online but is not available in print. 67. Post the Boynton Beach Hurricane Survival Guide and a link to the Palm Beach County Hurricane Survival Guide on the City's website in a location that is easily accessed by the community. There are no plans to change this practice. Action: This is current practice and will continue as is as the responsibility of the Emergency Management Department. Funding: Staff time (operating funds) 707 Progress: This continues to be implemented. 68. Implement the City's Program for Public Information (PPI), a copy of which can be found in the Appendix of this Plan. December 2012 Section Nine, Page 19 of 21 Page 303 of 600 �itv cif>C civ ttc�t >C cac Flood Nfitiontion Plan Action: The Development Department shall be responsible to implement the City's Program for Public information and to report on its annual evaluation and revisions by October 1St of each year. Funding: Staff time (operating funds) 7017 Progress: Ongoing. 69.Conduct an emergency procedures public outreach campaign (chambers, civic groups, etc.). Action: The Emergency Management Department will continue this activity as is. Funding: Staff time (operating funds) 7017 Progress: This continues to be implemented. 70.Continue to work with the City Housing Program to provide education to homebuyers regarding flood information. Action: The Development Department will follow up with the Flood Mitigation Task Force annually on this responsibility by October 1st of each year. Funding: Staff time (operating funds) 7017 Progress: Ongoing. 71.The Community Rating System (CRS) program should sponsor an information session and invite the insurance industry, Florida League of Cities and other interested parties to distribute information on potential insurance premium discounts, provide information to contractors and homeowners on the risks of building in hazard-prone areas and mitigation, provide the public with Federal Emergency Management Agency (FEMA) floodplain maps and develop a list of techniques for homeowner self-inspection and implementation of mitigation activities. Action: The Palm Beach County CRS Users' Group, of which the City of Boynton Beach is a member, will work with the CRS Program to implement this activity. Much of this information is distributed at the CRS Users' Group's Hurricane Expo which in held in June of each year. Funding: Staff time (operating funds) 7017 Progress: 7016 and 7017 'Yearly Boynton Beach Hurricane Fair. 72. Research if the realtor community has a hazard disclosure requirement for deed transfers, leases or other contracts for sale or exchange of property in flood hazard areas. December 2012 Section Nine, Page 20 of 21 Page 304 of 600 Flood 'Bostic n Plan Action: This will be the responsibility of the Development Department. Funding: Staff time (operating funds) 2017 Progress: For properties that are being acquired with mortgages, typically the mortgage company requires a flood map determination or elevation certificate to verify if property is located within a SFHA. Currently there are no requirements for realtors to research flood hazard information. 73.The City shall discourage hospitals, congregate living facilities for persons with special needs, nursing homes and the like from locating within Coastal High Hazard Area (CHHA) and shall encourage such existing facilities to relocate to safer locations within the City. Action: This responsibility will be with the Development Department. Funding: Staff time (operating funds) 2017 Progress: Ongoing. December 2012 Section Nine, Page 21 of 21 Page 305 of 600 City of Boynton Beach Program for Public Information Evaluation Report May — December 2017 Prepared for the City of Boynton Beach by CRS Max Consultants, Inc. INTRODUCTION The City of Boynton Beach has been actively participating in the Community Rating System (CRS) since it entered the program in October 1991. The CRS is a component of the National Flood Insurance Program (NFIP) which provides reductions to flood insurance premiums for residents and businesses within participating communities. In 2017 Boynton Beach advanced from a CRS rating of 7 to a rating of 6, which provides a 20% reduction in flood insurance premiums for properties located in a Special Flood Hazard Area (SFHA), and a 10% discount for those outside the SFHA. These discounts are achieved as a result of community flood hazard mitigation programs, including public information activities. For communities to maintain their achieved flood insurance premium discounts, they must continue to implement their programs and provide annual status reports to the NFIP. The City has developed a comprehensive outreach program to educate the community on the benefits of floodplain management and to highlight the importance of flood mitigation. In April 2013, the City established a Program for Public Information (PPI) Committee and began the process of evaluating existing outreach efforts and making recommendations to improve outreach. The Committee's work included the following: • Assessment of the community's public information needs • Formulation of messages and their intended effects • Identification of outreach projects to convey the messages • Examination of other information initiatives • Preparation of a Program for Public Information (PPI) Implementation Guide The PPI Implementation Guide was adopted by the City Commission on September 15, 2015. Page 306 of 600 PPI COMMITTEE ANNUAL EVALUATION MEETING In accordance with the CRS Coordinators Manual, the City PPI Committee must meet annually to monitor and evaluate the implementation of flood-related outreach. The Committee assesses whether desired outcomes are achieved and what, if anything, should be changed. The PPI Committee met on August 31, 2017 from 3:30 —5:00 PM. Committee members and other meeting attendees are listed below. Committee Members Community Stakeholders: Donald Brady, Vice President, R.V. Johnson Insurance (representing insurance) Jessica Glenn, City of Boynton Beach resident James Nugent, EVP, Palm Beach Community Bank (representing banking) and Director At Large of the Greater Boynton Beach Chamber of Commerce Larry Taylor, City of Boynton Beach resident City Staff: Angela Prymas, Utilities Senior Engineer, CRS Coordinator, and PPI Committee Chair Rebecca Harvey, Sustainability Coordinator Howard Kerr, Contract Coordinator and Outreach Specialist Additional City Staff Chris Roschek, Engineering Division Manager Facilitators Earl King, CFM, Vice President, CRS Max Consultants, Inc. Joan Van Stone, CFM, Consultant, CRS Max Consultants, Inc. OUTREACH MESSAGES AND OUTCOMES The PPI Implementation Guide identifies 10 flood-related messages and associated outcomes (Table 1). The Committee reviewed these messages and outcomes at the annual meeting and agreed to keep them. City of Boynton Beach PPI Evaluation Report Page 2 of 7 March 2018 Page 307 of 600 Table 1. Messages and Desired Outcomes Message Outcome 1. Know your flood hazard More map information inquiries 2.Insure your property for flood hazard Increase in the number of flood insurance policies Fewer water rescues and police citations for ignoring 3. Protect people from the hazard barricades 4. Protect your property from the hazard Reduced property loss due to flooding 5. Build responsibly Reduced number of building department citations 6. Protect natural floodplain functions Improved water quality as reported in NPDES 7. PPI: Be prepared for hurricanes Reduced property loss from hurricanes Reduced street flooding events from clogged storm 8. PPI: Maintain yourstormdrains drains 9. PPI: Be prepared for storm surges Increased evacuation in storm events 10. PPI: Be prepared for sea level rise Increased openness to freeboard restrictions TARGET AREAS AND AUDIENCES The Committee reviewed the target areas and audiences identified in the PPI and agreed that, while it is important that the whole community receive information pertaining to flooding, the following areas and groups need to continue to be targeted. Target Areas 1. Properties in Repetitive Loss Areas Any area that has been subject to repetitive losses from flooding, as defined by the NFIP, needs to be targeted for public information. Targeted outreach to property owners in these areas will be undertaken more frequently than on an annual basis. The information specified in the 2017 CRS Coordinator's Manual will be included. 2. Areas that were impacted by the January 2014 flood The 1,000-year flood event in January 2014 identified areas in the City that are particularly vulnerable to flooding. The property owners could benefit from public information, especially that which encourages purchase of flood insurance. City of Boynton Beach PPI Evaluation Report Page 3 of 7 March 2018 Page 308 of 600 Target Audiences 1. Homeowner associations play a critical role in neighborhood outreach and can be efficiently contacted through a neighborhood database maintained by the City. 2. Property management companies can have a strong influence on the decisions of homeowners. 3. Greater Boynton Beach Chamber of Commerce represents a major component of the local business community. James Nugent, current Director at Large of the Chamber, serves on the PPI Committee and can effectively disseminate flood-related information to its members. 4. Landscaping companies are an important target audience because grass clippings and debris they produce can accumulate in storm drains and reduce drainage flows, making flooding more likely. In addition to the groups listed above, which were identified in the PPI Implementation Guide, the Committee determined to add three additional target audiences: 5. Properties recently designated as within a Special Flood Hazard Area (SFHA) by the new FEMA Flood Insurance Rate Maps released in October 2017. FEMA, in cooperation with Palm Beach County, recently initiated the Palm Beach County Map Change Campaign, a media campaign designed to promote flood insurance. Properties recently designated as being located within Special Flood Hazard Areas were targeted for special outreaches. 6. Condominium associations (in addition to homeowner associations) 7. Coastal properties on the Intracoastal Waterway and the Ocean which are especially impacted by seasonal King Tides and sea level rise OUTREACH PROJECT ASSESSMENT The City of Boynton Beach PPI Implementation Guide recommends a total of 28 projects and initiatives to enhance the City's outreach program. This list includes ongoing outreach methods as well as some that are recommended at specific times during a year (e.g., at the beginning of hurricane season or immediately before or after a storm or tide event). Decisions as to which specific projects are most appropriate to implement each year are left to the discretion of City staff. At the annual evaluation meeting, the PPI Committee reviews the list of recommended outreach projects, reports on outreach conducted over the past year, and recommends new projects to continually improve the PPI. Highlights of the City's PPI outreach from May through October 2017 are as follows: City of Boynton Beach PPI Evaluation Report Page 4 of 7 March 2018 Page 309 of 600 • Publication of a "Flood Hazard Information" brochure which was distributed by mail and/or email to all Boynton Beach Utilities service customers in September—October, 2017 • Regional outreach Palm Beach County TV Channel 20. Palm Beach County's Department of Emergency Management provides storm and flood-related information on Channel 20, which is available to the whole Palm Beach community. Programs are aired continually and include such topics as the Governor's Hurricane Conference and messages from State and County emergency management authorities. • Booth at Home Depot Safety Expo. Each year local jurisdictions work together with local Home Depot stores to distribute information pertaining to hurricane preparedness. This year's expo took place in Boynton Beach at 1500 8th Avenue on June 6, 2017. • Article on storm drain maintenance included in the Boynton Beach Utilities 2016 Water Quality Report, which was mailed to approximately 43,000 Boynton Beach Utilities service customers, posted on the City website, and posted on the City's Facebook page in June 2017 • Yellow Pages — Palm Beach County includes flood-related information in the Yellow Pages of its community's telephone books. Topics include property protection, flood insurance and hurricane preparedness. • Installation of 300 new storm drain stickers throughout the City, which read "Keep pollution out of our waters! This inlet drains to local waterways" • Eight flood-related Facebook posts on the Boynton Beach Utilities Facebook page using the hashtag #FloodFridays, reaching a combined total of 1,967 people • Creation of a designated City Flood Awareness Hotline at 561-742-6366 • Maintenance of a Flood Awareness web page on the City's website (http://www.boynton-beach.org/floodinfo/). • Coordination with Florida Department of Transportation and Palm Beach County about new construction projects and maintenance of State and County roads; coordination with Lake Worth Drainage District about canal maintenance • Participation in "Inlet-to-Inlet Micro Regional Collaboration" with municipalities from Boca Raton to Lake Worth, to address climate and sea level rise adaptation planning • Upcoming public Flood Awareness Workshop on November 8, 2017 featuring presentations on City stormwater management services, sea level rise, and the new FEMA Flood Insurance Rate maps A complete list of outreach projects implemented from May 2017 to April 2018 will be included in a spreadsheet accompanying this report when submitted for the City's annual recertification prior to May 1, 2018. City of Boynton Beach PPI Evaluation Report Page 5 of 7 March 2018 Page 310 of 600 FLOOD RESPONSE PREPARATIONS The City of Boynton Beach has a Flood Response Preparations plan (FRP) that is intended to prepare messages and materials before the threat of a storm, thereby reducing the time, effort, and resources required to disseminate important information when needed. The FRP guides the municipality through outreach efforts immediately before, during, and after a possible flood event. The PPI Committee enlisted Boynton Beach Fire Marshal Kathy Cline to conduct an annual review of the FRP, a role formerly performed by recently retired Fire Marshal Rick Lee. The FRP was not implemented during the year prior to the PPI Committee meeting on August 31, 2017, as there had been no significant flood events during that time. However, soon after the PPI Committee meeting, on September 9-10, the City was impacted by Hurricane Irma. The PPI Committee documented the application of the City's FRP in communicating messages to the community before, during, and after Hurricane Irma. This documentation will be included in the spreadsheet that will accompany this report when it is submitted for CRS recertification prior to May 1, 2018. FLOOD INSURANCE PROMOTION The PPI Committee confirmed its commitment to continually promote flood insurance to property owners and renters in the original two target areas identified in the PPI Implementation Guide, plus two additional areas: 1. Properties in Repetitive Loss Areas 2. Areas that were impacted by the January 2014 flood 3. Other flood-prone areas of the City 3. Properties recently designated as within an SFHA by the new FEMA Flood Insurance Rate Maps released in October 2017 From May through October 2017 the City of Boynton Beach has continued to promote flood insurance across the target areas using a variety of outreach methods, including the following: • Direct mailings to properties in Repetitive Loss Areas • Letter from the City's elected officials accentuating the importance of flood insurance, mailed to all Boynton Beach Utilities service customers as part of the Flood Hazard Information brochure in September—October 2017 • City website • City social media posts • City Flood Awareness Hotline • Flood Awareness Workshop, November 8, 2017 City of Boynton Beach PPI Evaluation Report Page 6 of 7 March 2018 Page 311 of 600 Documentation of outreach pertaining to flood insurance promotion will be included in the spreadsheet that will accompany this report when it is submitted for CRS recertification prior to May 1, 2018. DISTRIBUTION OF PPI ANNUAL REPORT Per CRS requirements, this report will be submitted to the City of Boynton Beach Commission and included in the annual CRS recertification submittal prior to May 1, 2018. City of Boynton Beach PPI Evaluation Report Page 7 of 7 March 2018 Page 312 of 600 6.G. CONSENTAGENDA 5/1/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: Approve the one-year extension for RFPs/Bids and/or piggy- backs for the procurement of services and/or commodities as described in the written report for May 1, 2018 - "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 formal 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) DESCRIPTION OF SOLICITATION RENEWAL TERM SOLICITATION NUMBER AON CONSULTING, Pension Benefit Consultant City RFP No. 015-1210- May 1, 2018 thru I NC. 17/J MA April 30, 2019 MURPHY PIPELINE Pre-chlorinated Pipe Bursting City Bid No. 036-2821- May 17, 2018 thru CONTRACTORS of Potable Water Mains 16/TP May 16, 2019 (PRIMARY); KILLEBREW, INC. (SECONDARY) HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. FISCAL IMPACT: Budgeted Funds have been budgeted under line items as noted on the attached report. ALTERNATIVES: Not approve renewals and require new solicitations to be issued. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 313 of 600 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Renewal Report® May 1, 2018 D Attachment Renewal Interest®AON Consuti ng D Attachment Renewal Interest® Murphy Pipeline D Attachment Renewal Interest® Killebrew Page 314 of 600 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS May 1, 2018 REQUESTING DEPARTMENT. CITY MANAGERS OFFICE DEPARTMENT CONTACT. Tim Howard TERM: May 1,2018 thru April 30,2019 SOURCE FOR PURCHASE: City RFP No.015-1210-171JMA ACCOUNT NUMBER: 001-1211-512-49-17 VENDOR(S):AON CONSULTING,INC. ANNUAL ESTIMATED EXPENDITURE: $35,000.00 DESCRIPTION: On August 15, 2017, City Commission approved a one-year Agreement with AON Consulting, Inc.for Pension Benefit Consulting Services. The Agreement allows for two(2)additional one-year renewal terms under the same prices, terms and conditions.AON Consulting, Inc. has agreed to renew the Agreement for an additional one-year term. REQUESTING DEPARTMENT. UTILITIES DEPARTMENT CONTACT.Joe Paterniti TERM:May 17,2018 to May 16,2019 SOURCE FOR PURCHASE:City Bid No.036-2821-16/TP ACCOUNT NUMBER:403-5000-533-65.02 VENDOR(S):Primary—Murphy Pipeline Contractor;Secondary—Killebrew, Inc. ANNUAL EXPENDITURE:$3,000,000.00 DESCRIPTION: On May 17, 2016, City Commission approved two-year contracts with Murphy Pipeline Contractor as primary vendor and Killebrew, Inc. as secondary vendor for pre-chlorinated pipe bursting of potable water mains. . The Contracts allow for three(3)additional one-year renewal options with the same prices, terms and conditions. Both vendors agreed to renew the Contract for the first one-year renewal option thru 2019. The City of Boynton Beach Finance/Procurement Services 100 E.Boynton Beach Boulevard P.O.Box 310 Boynton Beach,Florida 33425-0310 41 Telephone No:(561)742-6310 FAX:(561)742-6316 March 12, 2018 Mark Meyer, Partner, Public Sector- Retirement Hewitt Associates LLC 7650 W. Courtney Campbell Causeway Tampa, FL 33607 Via email transmission to: mark.meyer.2(d-)aonhewitt.com RE: "RFP FOR PENSION BENEFIT CONSULTANT" RFP No.: 015-1210-17/JMA CONTRACT PERIOD: MAY 1, 2017 THRU APRIL 30, 2018 Dear Mr. Meyer: The subject RFP for"PENSION BENEFIT CONSULTANT' will expire on April 30, 2018. This RFP allows for two (2) additional one-year renewals under the same prices, terms and conditions. The City of Boynton Beach would like to renew this contract with AON Hewitt for the first one-year renewal term under the same terms and conditions. Please indicate your response on the following page and return it via email to triestmani ftbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Ilyse Triestman, Purchasing Manager at(561) 742-6322. Thank you. Sincerely, ,1. 0- Ai-NQ Tim W. Howard Assistant City Manager-Administration Director of Financial Services cc: Julie Oldbury, Director of Human Resources and Risk Management File America's Gateway to the Gulf Stream Page 316 of 600 The City of Boynton Beach Finance/Procurement Services 100 E.Boynton Beach Boulevard P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone No:(561)742-6310 FAX.(561)742-6316 RFP NO. 015-1210-17/JMA FOR PENSION BENEFIT CONSULTANT CONTRACT RENEWAL PERIOD: MAY 1, 2018 THRU APRIL 30, 2019 X Yes, I agree to renew the existing agreement with the same Terms and Conditions for the renewal period of May 1, 2018 thru April 30, 2019. No, I do not wish to renew the agreement for the following reason(s): AON CONSULTING, INC. NAME OF COMPANY S&JATURE Jennifer Henrikson VP-Legal NAME OF REPRESENTATIVE TITLE (Please print) March 19, 2018 847-295-5000 DATE (AREA CODE) TELEPHONE NUMBER E-MAIL ADDRESS America's Gateway to the Gulf Stream Page 317 of 600 The City of FinancejProcurement Services 100 E.Boynton Beach Boulevard P.O.Box 310 Boynton Beach,Florida 33425-0310 49 Telephone o:(561)742-6310 FAX:(561)742-6316 I - 21-1 1 — PRE-CHLORINATED PI TI F POTABLE WATERMAINS (RE-BID) CONTRACT RENEWAL PERIOD: 17, 2018 THRUM4YI6, 2019 Yes, I agree to renew the existing agreement with the same Terms and Conditions for the renewal g period of May 1 , 2018 thru May 16, 2019. No, I do not wish to renew the agreement for the following reason(s): MURPHY PIPELINECONTRACTORS, INC. r .t cn (. NAME PAY SIG NAME OF REPRESENTATIVE TITLE (Please print) A GATE (AREA CODE)TELEPHONE NUMBER ® f 113 X04 E® AILIDDESS Page 318 of 600 America's Gateway to the Gulf Stream The City of A .!!Unto.nBeach Finance/Procurement Services 100 E.Boynton Beach Boulevard P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone Na:(561)742-6310 FAX:(561)742-6316 March 13, 2018 Andy Mayer Murphy Pipeline Contractors, Inc. 1876 Everlee Road Jacksonville, FL 32216 VIA EMAIL TRANSMITTAL TO.-gadym - --@_m BID NO. 036-2821-16/JMA — PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS (RE-BID) CURRENT CONTRACT PERIOD: MAY17, 2016THRUMAY16, 2018 Dear Mr. Mayer: The subject Contract for "PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS (RE- BID)" will expire on May 16, 2018. This Contract allows for three (3) additional one-year renewals under the same prices, terms and conditions. The City of Boynton Beach would like to renew this contract with Murphy Pipeline Contractors for an additional one-year term under the same terms and conditions. Please indicate your response on the following page and return it via email to Ltriestrnani@bbfI..us at your earliest convenience. If you should have any questions, please do not hesitate to contact Ilyse Triestman, Purchasing Manager at(561) 742-6322. Thank you. Sincerely, Tim W. Howard Assistant City Manager-Administration Director of Financial Services cc: Joe Paterniti, Interim Utilities Director File America's Gateway to the Gulf Stream Page 319 of 600 The City of Boynton Beach i Finance/ProcurementServices 100 E.Boynton Beach Boulevard P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone No:(561)742-5310 FAX:(561)742-6316 BID NO. 036-2821-16/JMA — PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS (RE-BID) CONTRACT RENEWAL PERIOD: MAY 17,2018 THRU MAY 16, 2019 X Yes, I agree to renew the existing agreement with the same Terms and Conditions for the renewal period of May 17,2018 thru May 16, 2019. No, I do not wish to renew the agreement for the following reason(s): KILLEBREW, INC. Killebrew, Inc. Z004 z� NAME OF COMPANY SIGNATU William C.Thomas, IV President NAME OF REPRESENTATIVE TITLE (Please print) March 16,2018 (863)701-0273 DATE (AREA CODE)TELEPHONE NUMBER Bill@Killebrewinc.net E-MAIL ADDRESS America's Gateway to the Gulf Stream Page 320 of 600 6.H. CONSENTAGENDA 5/1/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: Approve the minutes from City Commission meeting held on April 17, 2018. EXPLANATION OF REQUEST: The City Commission met on April 17, 2018 and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT: Non-budgeted N/A ALTERNATIVES: Do not approve the minutes STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Minutes Minutes 0 -17-18 Page 321 of 600 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON MONDAY APRIL 17, 2018, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Lori LaVerriere, City Manager Christina Romelus, Vice Mayor Jim Cherof, City Attorney Justin Katz, Commissioner Judith A. Pyle, City Clerk Mack McCray, Commissioner Joe Casello, Commissioner ABSENT: Steven B. Grant, Mayor 1. OPENINGS A. Call to Order- Mayor Steven B. Grant Chair Grant called the meeting to order at 6:30 p.m. Invocation Commissioner McCray gave the invocation Pledge of Allegiance to the Flag led by Commissioner Casello Roll Call City Clerk Pyle called the roll. A quorum was present. Agenda Approval: 1 . Additions, Deletions, Corrections Attorney Cherof made a request to table Public Hearing A, Purposed Ordinance 18-005, regarding telecommunication. Requested to remove Public Hearing B, Major Site Plan Modification, also request to table 12-A, a request from the Mayor for an update on the opioid and gun lawsuits to the next Commission meeting. Vice Mayor Romelus requested a motion. Motion Commissioner McCray motioned to table Public Hearing A. Commissioner Casello seconded the motion. Page 322 of 600 Meeting Minutes City Commission Boynton Beach, Florida April 17, 2018 Vote The motion unanimously passed. Vice Mayor Romelus requested a motion. Motion Commissioner McCray motioned to table Legal 12-A. Commissioner Casello seconded the motion. Vote The motion unanimously passed. Vice Mayor Romelus requested a motion. Motion Commissioner McCray motioned to remove Public Hearing B. Commissioner Casello seconded the motion. Vote The motion unanimously passed. Vice Mayor Romelus requested a motion. Motion Commissioner McCray motioned to remove from the table. Commissioner Casello seconded the motion. Vote Unanimously passed Lori LaVerriere, City Manager indicated she received messages from Representative Al Jacquet and Senator Bobby Powell stating they were unable to make it to tonight's meeting and wanted to reschedule for the May 1, 2018 meeting. 2. Adoption Vice Mayor Romelus asked for a motion to approve the agenda as amended. 2 Page 323 of 600 Meeting Minutes City Commission Boynton Beach, Florida April 17, 2018 Motion Commissioner McCray moved to approve agenda as amended. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Commissioner Katz stated he had no disclosures. Commissioner McCray stated he had no disclosures. Mentioned he was at an INCA meeting he was very impressed with Officer Koch. Stated there was nothing could be done regarding delict boats in State waters. He spoke with the City attorney and was hoping to see if the City of Boynton Beach could have these rules changed in the State. He wanted to thank a worker in the utilities, for going beyond what was expected. Commissioner Casello indicated he had no disclosures. He wanted to make an announcement of the rededication of the dog park for Officer Joseph Crowder who passed away un-expectantly. He was a 12 year veteran and was a K-9 Officer. Tomorrow there will be an unveiling of a bronze statue. Vice Mayor Romelus attended a food give away at Sara Sims Park. More than 200 families received food. This was done in partnership with e-roadmap. Commissioner McCray announced on Thursday, April 19, at 5:00 pm, Dr. Debra Robinson will have a fund raiser at Troy's Restaurant. Commissioner Casello announced he was having a fundraiser at Cooper Point Brewery. They are having a one-time, released beer called the Commish. Informed the audience he was a candidate for House District 90. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Legislative update from Representative Al Jacquet. (rescheduled) B. Legislative update from Senator Bobby Powell. (rescheduled) C. Announce that Boynton Beach Utilities will be hosting a Water Conservation Workshop for the public on Wednesday, April 25, 2018 from 5:30-7:00 pm at 3 Page 324 of 600 Meeting Minutes City Commission Boynton Beach, Florida April 17, 2018 Intracoastal Park Clubhouse, 2240 North Federal Highway. Water Conservation Workshop on April 25, 2018. Vice Mayor Romelus announced Boynton Beach Utilities will be hosting a Water Conservation Workshop for the public on Wednesday, April 25, 2018 from 5:30-7:00 pm at Intracoastal Park Clubhouse, 2240 North Federal Highway. The workshop will be led by Rebecca Harvey, Sustainability Coordinator. D. Announcement by Mary DeGraffenreidt, Events and Program Manager of the Concert on the Green Event that will be held Saturday, April 21 st at The Links of Boynton Beach from 3 - 6 p.m. Vice Mayor Romelus announced the Concert on the Green event being held April 21, 2018. Mary DeGraffenreidt, Events and Program Manager announced if anyone liked a scenic view of nature, the sound of good music, family friendly games and activities, please come out on Saturday April 21, at the beautiful Links of Boynton Beach from 3-6 pm. The Club Scouts of Boynton Beach will collect recycling at the event. Families will have the opportunity to enjoy nature, play a variety of active games which promote health and fitness. Transportation will be provided for those who need assistance. Noted at 4:00 pm, EI Tribe band will rock the Golf Course with a variety of music. American Sign Language interpreters will be onsite during the concert. Commissioner McCray said this was one of those events which a blanket and a chair would be needed. E. Proclaim April 28, 2018 as Arbor Day. Vice Mayor Romelus proclaimed April 28, 2018 as Arbor Day. Glenda Hall, Forestry and Grounds Manager, said the City of Boynton Beach celebrated Arbor Day at Barrier Free Park by planting trees with St. Joseph School 8th grade class. She presented hats to the Commission and Mayor. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS W ILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Minister Bernard Wright, 713 NW 2 street, CEO Bernard Wright Ministry and the Robert E. Wells Foundation, wanted to commend retiring Jeff Livergood and present him with a certificate from the Heart of Boynton Beach residences for his gracious service. Well wishes on his journey. 4 Page 325 of 600 Meeting Minutes City Commission Boynton Beach, Florida April 17, 2018 Charles Kanter, 2905 South Greenleaf Circle, noted based on what was on the agenda, Quantum will be welcoming the City Hall into the Quantum Community. He stated there were some of the best restaurants in town, some of the nicest facilities. He was requesting some speed bumps on Quantum Boulevard. It was not so much the volume of the traffic, it was the high speed of the traffic. He was only asking for parity with Renaissance Commons. Vice Mayor Romelus requested staff to put together a report regarding the speed bumps. Susan Oyer, 140 SE 27th Way, noted Earth Day was quickly approaching. Distributed some information regarding Earth Day. The City of West Palm was planting 10,000 trees in 10 years. The City of West Palm Beach was giving away free trees. She believed it was time to focus on Boynton Beach. Boynton Beach needs more trees, especially on the major roads. There was no reason why we are not as beautiful as Boca Raton. The City of Boynton Beach should have some big beautiful trees. Good Luck Jeff Livergood. Suzanne Koss, Schoolhouse Children's Museum & Learning Center, indicated Palm Beach and Martin County will have "The Great Give". This was a 24-hour online giving event to raise funds for non-profits throughout the community. Some of the nonprofits participating were Habitat of Humanity Connect to Boynton, Eat Better Live Better, Faith Farm ministry and many more. She requested the City to get involved with "the Great Give". On Saturday May 5th the Museum will host the Princess and Superhero Day. Samantha Shields, The Hat Foundation, spoke about the Hunger Crisis; informed the Commission 12% of Americans are facing hunger conditions daily. She indicated there were 38M people going hungry every day. The Foundation has taken the positon to feed 1M children by September 18, 2018. They are requesting help from the City Commission to support this cause. She noted it only takes 10,000 people to pledge $100 to raise $1 M. Commissioner McCray asked the location of the foundation. Ms. Shields responded the Foundation does not have a physical location. Joe Maryuma introduced himself as a candidate for Judge for Palm Beach Circuit Court Group 18. He provided some information regarding his background. He graduated from Florida Atlantic University in 2002 Magna Cum Laude and attended Florida International University Law School where he graduated Cum Laude, 5th in his class. He currently represents juveniles. He has been the Assistant Public Defender for Palm Beach County for the 12 past years. Mr. Maryuma stated he has a strong commitment to promoting the judicial economy. People should not have to wait years for a case to conclude. He stated he has learned that a good judge should be fair, respectful and efficient. The primary is August 28, 2018. 5 Page 326 of 600 Meeting Minutes City Commission Boynton Beach, Florida April 17, 2018 Harry Woodworth, 985 NE 5th Place, noted one of the sober homes had closed and gone home. Stated Ocean Palm Plaza also known as Yachtsman Club, met with the City before Christmas, and has done very little to comply. There was a landscaping plan which has been in effect since 1993. The landlord paved one of the areas and planted some grass, but did not irrigate; the grass died. Mr. Woodworth said something needed to be done about this; the guy was doing absolutely nothing. The City Code has requirements, which the landlord was not following. Vice Mayor Romelus said to bring this to the CRA where it can be discussed, she indicated they could not discuss funding at this venue. Mr. Woodworth stated it was not a funding issue, this was a compliance issue. Tim Collins, Fish Depot Seafood Market, came to the Commission to request the City Manager consider a Land Use Ordinance change. He noted the kitchen which was being used was in an old air stream trailer, it was not adequate to keep up with the demand. Mr. Collins indicated container boxes can be used to house his kitchen equipment. They are using a container in Miami Dade County as well as Broward. Vice Mayor Romelus requested to add this as a Future Agenda item. Mr. Collins said beyond a restaurant use, these container boxes can have houses inside. Ms. LaVerriere stated the staff had conversations regarding these container boxes. Commissioner McCray asked to provide some information on the containers for discussion. Ms. LaVerriere stated in the first meeting in May staff will have some information for discussion regarding the container boxes. Andrew Mack, Director of Development, advised the best thing to do was to have Mr. Collins meet with staff to discuss his vision. Herb Suss, 1711 Wood Fern Drive, noted on June 2, 2018 the City will see the CERT people in action. He has always spoken about climate changes; there was a current which goes up the east coast that will cause a major effect on the climate. He informed the Commission Madeline Albright has just written a book on Fascism. He said one broadcasting company now owns 70% of the Nation's news stations. Mr. Suss asked about the status of the Police Chief search Ms. LaVerriere replied the application submittal period ended April 2, 2018. A review of the applicants will begin by the end of June. Vice Mayor Romelus saw no one coming forward, Public Audience was closed. Vice Mayor Romelus recognized the City retiring staff member Jeff Livergood and recognize a staff member of Lois Frankel's office Ms. LaVerriere stated next Friday is Mr. Livergood's last day. She stated Jeff was her go to person when institutional knowledge was needed. As part of Jeff's retirement he has purchased a travel vehicle. He has named the vehicle the beast. 6 Page 327 of 600 Meeting Minutes City Commission Boynton Beach, Florida April 17, 2018 Mr. Livergood said the lettering BEAST-Brad's Education Account Spent trekking. His son had made him very proud as a father. He recalled there was a project he was involved on a steering committee where the City established its values; diversity, integrity, stewardship and creativity. The values are not spoken about as much; we are well served to be reminded of those core values. Getting employees to think for themselves and not being criticized for new ideas. Commissioner McCray noted it has been a pleasure to work with Jeff and hoped he enjoys his retirement. Commissioner Casello said Jeff has always made him look like a rock star. Whenever there were any issues, they were taken care of immediately. Jeff has always thought outside of the box. He taught his employees to think outside the box. He had made Boynton Beach a better place. Commissioner McCray told of a time when Jeff had taken the doors off at Sara Sims Park; when asked what he was doing, he said he was thinking outside the box. I told him to get back in the box; they had a great laugh. Commissioner Katz wished Jeff well and indicated the highest compliment an employee can be paid was to be called professional, which means someone who does what was expected and goes above and beyond and does it well. Commissioner Katz said no one could be critical of the work which Mr. Livergood has done for the City of Boynton Beach. Mr. Livergood noted the City was in good hands. He had an awesome opportunity at the City of Boynton Beach. Vice Mayor Romelus said at her first budget meeting she got a little riled up, Jeff came to her after the meeting and gave her the best compliment "she got it". Jeff, you are one of a kind. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 2 Alts Building Board of Adjustments & Appeals: 2 Reg and 1 Alts Employee Pension: 1 Reg Senior Advisory Board: 1 Reg and 2 Alts I 7 i Page 328 of 600 Meeting Minutes City Commission Boynton Beach, Florida April 17, 2018 Vice Mayor Romelus stated there were no applicants for any of the vacant positions. 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 Vice Mayor Romelus pulled item 6-D. A. PROPOSED RESOLUTION NO. R18-060- A resolution amending Resolution R92-96 relating to the water, wastewater and stormwater utility system.. B. PROPOSED RESOLUTION NO. R18-061 - Approve amending a 60-month agreement for the purchase of WAN network connectivity services from Comcast Business Communications, LLC for $8,000 a month, utilizing the General Services Administration (GSA) contract # GS-35F-184BA. The City is allowed to purchase from this GSA contract. C. PROPOSED RESOLUTION NO. R18-062 - Authorize the City Manager to sign Task Order R13-063-12 with CH2M HILL Engineers, INC. for technical assistance in the preparation and approval of the Operational Permit for Aquifer Storage and Recovery Well #2 (ASR 2) in the sum of $58,538.24 utilizing our existing contract for Hydrogeological Consulting Services, RFQ No. 029-2821- 13/DJL. D. Authorize the purchase of the following: Total Response Call Handling Solution from Power Phone, Inc. of Madison, CT in the amount of $64,588.00 as a Sole Source vendor. The purchase of Microsoft SQL Server Standard from Software House International (SHI) in the amount of $5,179.58, utilizing State of Florida Licensing Solutions Providers(LSP) of Microsoft Software and Services, term contract # 43230000-15-02. All costs to be reimbursed by Palm Beach County 911 . Captain Kelly Boynton Beach Police Department, and Captain McNiven, explained this purchase was for replacing ProQA and Aqua Software which provides dispatchers with pre-arrival instructions for callers with a medical emergency. This program was extremely rigid and has arbitrary standards which have nothing to do with patient care, often requiring dispatchers to ask questions which have nothing to do with a caller's emergency. If the dispatcher deviates from the listed instructions, the call is considered non-compliant which makes getting the Dispatch Center accredited through IAED. The current program is also one dimensional as it only provides instructions for medical calls. Power Phone provides 90 plus integrated protocols for police, fire, and medical calls. The program is completely customizable to the agency which allows the City of 8 Page 329 of 600 Meeting Minutes City Commission Boynton Beach, Florida April 17, 2018 Boynton Beach to make modifications to fit the citizens of Boynton Beach. The protocols provided are guided, but also flexible to be able to adapt to the ever changing conditions a caller provides. Captain Kelly said no call was the same and this program allows for that adjustment to specific situations without being considered non- compliant. The program pulls up specific pre-arrival instructions for each individual situation, instead of requiring the dispatcher to make additional choices. This requires less time and is much more efficient. The entire project was completely reimbursable through Palm Beach County 911. Vice Mayor Romeius stated this would be free a solution and provide better efficiency for the Police Department. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote 71 -ie motion unanimously passed. E. Approve reduction of a restoration surety, by the amount of $97,814.40 for the completion of the clearing and grubbing of the Cortina at Boynton Village Phase 2 project. F. Approve utilizing the School Board of Charlotte County Florida Contract #15/16- 602MP(R2) with Wabash Valley of Silver Lake, IN, for the purchase of park benches in the amount of $64,105. The School Board of Charlotte County's procurement process satisfies the City's competitive bid requirements. G. Accept Surtax Capital Project Status Report for second quarter of FY 2018 January thru March 2018. H. Accept quarterly report on red light camera program (Jan 2018-Mar 2018). I. Approve adjustments to project budgets for the attached Surtax projects that are part of the approved FY 17/18 budget. J. Accept the Fiscal Year 2017-2018 Budget Status Report of the General Fund and the Utilities Fund for the four (4) month period ended January 31, 2018. K. Accept the Fiscal Year 2017-2018 Budget Status Report of the General Fund and the Utilities Fund for the five (5) month period ended February 28, 2018. 9 Page 330 of 600 Meeting Minutes City Commission Boynton Beach, Florida April 17, 2018 L. Accept the written report to the Commission for purchases over $10,000 for the month of March 2018. M. Legal Expenses-March 2018-information at the request of the City Commission. No action required. N. Approve the minutes from City Commission meetings held on March 20 and April 3, 2018. Vice Mayor Romelus requested a motion to approve the Consent Agenda as amended. Motion Commissioner Casello moved to approve the Consent Agenda as amended. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 A. Approve utilizing the Palm Beach County contract (Bid #WUD 16-001/VMG) extension through March 14, 2019 with Aquifer Maintenance and Performance Systems, Inc. (AMPS, Inc.) of West Palm Beach, FL with the same terms, conditions, specifications and pricing. This contract will be utilized for well rehabilitation services on an AS-NEEDED BASIS, with an estimated annual expenditure of $300,000. Palm Beach County complied with Public Contract Bid requirements equal to or exceeding the City of Boynton Beach's requirements.. Vice Mayor Romelus requested a motion. Motion Commissioner Katz moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. B. PROPOSED RESOLUTION NO. R18-063 - Authorize the City Manager to sign a proposal with Routeware, Inc. of Portland, OR, utilizing the HGACBuy Contract # FL03-17 for the purchase of onboard computing system for installation in Public Works Solid Waste vehicles for the amount of $92,827.00 plus travel costs not to 10 Page 331 of 600 Meeting Minutes City Commission Boynton Beach, Florida April 17, 2018 exceed $7,500. In addition to the purchase cost there will be a monthly maintenance fee of $10,092.92 for an estimated annual expenditure of $121,116. The HGACBuy cooperative's bid process satisfies the City's competitive bid requirements. Jeff Livergood, Director of Public Works and Engineering, explained the City of Boynton Beach was doing things the old fashion way. He informed the Commission if a truck becomes disabled and cannot finish the route, another truck will be dispatched to complete the route. Because of communication, streets can be missed and customers call in to ask why their trash was not picked up. Mr. Livergood explained Automatic Vehicle Location systems (AVL) are being used by many different companies. The benefits of photographs of what was being seen on the road will help the City eliminate some costs of returning to homes to pick up trash which was missed. Commissioner McCray asked if there would be a charge to the residents to come back to get the garbage. Mr. Livergood responded at this time a decision has not been made to charge citizens to return for pickups. There may be some options of charging in the future. He indicated maybe give the customer a one-time waiver of charges to pick up trash which was not placed outside. He stated this can be used as an education tool, for both the driver and the citizens. Davidson Monestime, Solid Waste Manager, said there was a perception of service failure on the side of the driver. If the driver can take a picture, automatically loads to the software, the driver and the City are cleared of any failure. The customer will be able to review a photo with a time stamp. This will be an education for the customer as they realize the trash was not out at the required time and would need to wait until the next pick up. Mr. Livergood provided background information regarding Routeware. Noted Routeware has more than 18 years focused on improving efficiencies in the Waste Hauling Industry, Headquartered in Portland, OR. The Company has thousands of trucks at hundreds of locations throughout the U.S. and Canada. The City will know where the trucks are at all times. Mr. Livergood explained some of the reports through Routeware were Idle times, driver behavior, dispatching, safety, and fuel consumption. The City will know the speed at any given time, whether or not the vehicle was speeding. This will not be used as disciplinary tool, but will be used for teaching. Each driver will have a tablet which will give up-to-date information. Commissioner McCray requested clarification of the travel costs. Mr. Livergood responded the vendor will be travelling to the City of Boynton Beach for onsite training and the City will be paying for the company travel expenses. Commissioner McCray asked if all of the trucks have this software. Mr. Livergood responded they will, except the supervisor vehicle. 11 Page 332 of 600 Meeting Minutes City Commission Boynton Beach, Florida April 17, 2018 Mr. Livergood explained the office sees the status changes by color. The Color allows the office staff to see if there was any idle time and if so where and why. Mr. Monestime stated the driver's workbook will allow the driver to add new work orders without having to write down the information. The screen allows the driver to see all work orders. Mr. Monestime said this was a paperless system. Commissioner McCray asked how fast the trucks were allowed to drive and use the system at the same time. Mr. Monestime stated there was a threshold for 5 miles per hour. He indicated changes cannot be made if the truck was in motion. Mr. Livergood noted with the fleet automation there was a higher efficiency, safer driver performance optimized through better training, more pickups per route per day, additional revenue from extras and added customers. Commissioner McCray stated this would be an added bonus. Mr. Livergood replied there will be real time status updates, throughout the day, service verification, fewer customer calls, less overtime, reliable and accurate communication. There will be turn by turn directions. Each truck would have cameras mounted, to provide photos within 15 seconds. He stated everyone wins. There will be fewer mistakes. The supervisors no longer need to trail the trucks to make sure the entire route have been completed. Commissioner McCray said he has concerns about the photos of the property. Mr. Livergood stated the photos would be stored in the cloud. He would caution the residents to wear clothes when taking out their trash. Mr. Livergood noted they worked with the City IT staff and they were excited to have this into place. This is familiar technology with easy deployment. This will help with the recycling as well. The program can track how much recycling was actually picked up. This was a high tech solution; this has been placed into the budget next year to add the street sweeper. Commissioner McCray asked how many street sweepers the City has. Mr. Livergood stated the City currently has one street sweeper. Mr. Monestime stated the software used with Waste Management was called onboard computing. The most important aspect was reporting for idle time reporting. Explained this system will allow for some changes in which sites are selected which has faster times and are better for disposal. Vice Mayor Romelus stated this seemed to be a great program. Commissioner Casello asked if annual monthly maintenance fee of $10,000 was a locked in figure. Mr. Livergood stated this amount was locked in for the term of the contract. 12 Page 333 of 600 Meeting Minutes City Commission Boynton Beach, Florida April 17, 2018 Ms. LaVerriere explained the purchase was being funded out of the Sanitation Fund versus the General Fund. Commissioner Casello stated there must be a better way of having a one man operation for the recycling. He has seen one driver doing both the driving and putting the recycling bins into the truck. Mr. Monestime said there was a better way; but at the present time Palm Beach County uses a split stream system. There is a single stream system which allows for one truck to take all recyclables and separates. Vice Mayor stated there was a truck which can pick up both of the recyclables and separates the recyclables. Mr. Livergood explained there were two issues, one being manpower and the method of disposal of the recyclable product. He stated some counties have a single stream, which means all recycling goes into one truck; recycling are not separated. Palm Beach County has split streams which mean they have the blue and yellow bins, they need to be separated and the truck needs to separate the recycled product prior to being placed in the truck. The second issue was manpower; there was one staff member who performs both duties as driver and picker. Having one driver reduces overtime. Commissioner McCray asked when the Commission can expect an update regarding how well this software was doing. Mr. Monestime noted 6 months was a reasonable time to address the software's efficiency. Commissioner McCray asked if this timeframe was sufficient. He indicated when the Commission allocates this amount of money for a project, they need to know that the system was working. Mr. Monestime stated 6 months was a fair timeframe. Stated AVL has proven to be very successful in other counties. Mr. Livergood stated he would encourage the Commission to sit down with staff and go over the reports from Routeware.. Motion Commissioner Katz moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 13 Page 334 of 600 Meeting Minutes City Commission Boynton Beach, Florida April 17, 2018 8. 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. PROPOSED ORDINANCE NO. 18-005 - SECOND READING - Approve Telecommunications in Public Rights-of-Way (CDRV 18-001) - Amending Part II Code of Ordinances Chapter 25.1 Communications Facilities in Right-of-Way for consistency with i the State's Advanced Wireless Infrastructure Deployment Act. City-initiated. (Tabled May1, 2018) B. Approve Major Site Plan Modification (MSPM 17-001) request for 104 Multi- family rental units and associated recreational amenities and site improvements, as well as a request for four (4) setback waivers, located on Lot 52 of Quantum Park, in the PID (Planned Industrial Development) zoning district. Applicant: John Lyon, Olen Properties. (Removed) C. PROPOSED RESOLUTION NO. R18-059 - Approve Second Amendment to the land development agreement between the City of Boynton Beach and SKYE at Boynton Beach, LLC and authorize release of surety to bury overhead utility lines across Federal Highway at SE 2nd Avenue. Vice Mayor Romules read Proposed Resolution No. R18-059 into the record by title only. Motion Commissioner Katz moved to approve. Commissioner McCray seconded the motion. Vote The vote was unanimously approved 9. CITY MANAGER'S REPORT A. Discuss Budget Workshop dates and times: Last year the Commission held a Public Input Workshop in May then the Budget Workshops in July. The below dates would accommodate the same meetings for this upcoming budget cycle: Public Input Budget Workshop, Tuesday, May 29, 2018 @ 6:30 P.M. at Intracoastal Park Clubhouse; and Budget Workshops at Intracoastal Park Clubhouse; 14 Page 335 of 600 Meeting Minutes City Commission Boynton Beach, Florida April 17, 2018 Monday, July 16, 2018 @ 5:00 P.M. Tuesday, July 17, 2018 @ 10:00 A.M. Wednesday, July 18, 2018 @ 2:00 P.M. Ms. LaVerriere indicated it was that time of year again to begin to start working on the budget. She noted July 16-18, Budget Workshops at Intracoastal Park Clubhouse; Monday, July 16, 2018 @ 5:00 p.m. Tuesday, July 17, 2018 @ 10:00 a.m. Wednesday, July 18, 2018 @ 2:00 P.M. if needed, but they always allow for a third day. The City will be adopting a tentative millage rate and a Fire assessment resolution. The Mayor last year added a pre-proposed budget workshop. This proposed budget workshop is set for May 29th @ 6:30pm, to provide the public the opportunity to provide input prior to staff completing the purposed budget. During the workshop in July the workshop was completed, and then the City takes input from the Commission. Commissioner Casello asked for clarification of the May 29th workshop. Ms. LaVerriere explained it was a preliminary budget workshop; the public has an opportunity to provide some input prior to the completion of the proposal of the budget. Commissioner McCray stated this was an input budget workshop for the citizens. Vice Mayor Romelus asked if everyone was onboard. There was a consensus. Ms. LaVerriere said these dates will be placed on the website and the meetings will be noticed. 10. UNFINISHED BUSINESS 11. UNFINISHED BUSINESS A. PROPOSED RESOLUTION NO. R18-064 - Accept the transfer of property at 201 NE 1st Avenue from the Boynton Beach Community Redevelopment Agency. Vice Mayor Romelus read Proposed Resolution No. R18-064 by title only into the record. Motion Commissioner Katz moved to approve. Commissioner McCray seconded the motion. Vote The vote was unanimously approved 15 Page 336 of 600 Meeting Minutes City Commission Boynton Beach, Florida April 17, 2018 12. LEGAL A. The Mayor has requested that legal update the Commission on opioid and gun lawsuits that are occurring around the state. Tabled B. PROPOSED RESOLUTION NO. R18-065 - Authorize the Mayor to sign lease documents for temporary space needed for City Services to operate during construction of Town Square project at the following locations: 2045 High Ridge Road - for the Library 209 N Seacrest Blvd - for Library Annex 3301 Quantum Blvd - for City Hall 3602-3606 Quantum Blvd - for Police Headquarters Vice Mayor Romelus read Proposed Resolution No. R18-065 by title only into the record. Attorney Cherof indicated there may be additional language in the body of the Resolution, which indicates there maybe one sublease with an assignment of iease to avoid any penalty associated with the sublease. Commissioner McCray explained when the Commission does something of this magnitude the public should know where these funds are going. Tim Howard, Assistant City Manager, explained the four leases are unique and different. Each lease has a different expiration date. The intent in the plan was to stagger the move. The library will move first than the Police station. Mr. Howard stated the lease at 2045 High Ridge Road was for the Library, will be a 20- month lease. The Library on High Ridge Road and the Annex located next to the post office. The Main Library site is 23,000 square feet. The monthly estimated rental was $25,975. The rent will began on June 1, 2018, this would house the main part of the Library. Commissioner McCray asked the total cost for the City for the Main Library. Ms. LaVerriere indicated the total estimated cost for the Main Library was $519,500. Vice Mayor Romelus asked if this will be a fully operational library or will there be a limitation with the number of books available for the Public. Mr. Groff, Assistant City Manager, stated the main Library temporary location would be a fully operational library, minus some of the programs which are prohibited from being done from a temporary space. There will be fully stacked area of books, DVD's, sitting areas and computer areas. There was some things which could not occur at the 16 Page 337 of 600 Meeting Minutes City Commission Boynton Beach, Florida April 17, 2018 temporary Library. The annex space will have limited services. The Library would be able to offer 95% of the services being offered presently. Commissioner McCray asked where the Library archives will be housed. He understands there must be some environmental concerns for the archives. Mr. Groff stated there would be an area set up for the archives set up with the air-conditioning. Vice Mayor Romelus asked if the online High School program for the library will be available. Mr. Groff stated the High School program will continue. Vice Mayor Romelus requested an explanation on why the Library annex was being moved in the downtown area. Craig Clark, Library Director, explained the City decided to keep the program in this area because most of the children. He stated 1-95 was a barrier for children walking across that area. This would be more of an afterschool/ homework help site. There will be some computers and some collections. The Library Annex will be limited; the building was only 4,000 square feet. There will be Storytime in the morning. The temporary site on High Ridge will not be able to have any type of programs at the temporary site. The City was taking a 63,000 square foot building and placing it into a 23,000 square foot space. There will be books open to the public, assisting customers with some computers to use; not as many as they have right now. Commissioner Casello asked how many children live on the other side of 1-95. He wanted to know where those statistics were coming from. Mr. Clark stated he believed most of the kids are from the Heart of Boynton, most are dropped off by busses, walk or ride their bikes to the Library. Commissioner Casello asked how many site locations were investigated before the City decided on this particular site. Mr. Groff stated the challenge with this move was the City was looking for short-term leases. When the search began there were over 30 buildings for consideration. The good thing about Boynton Beach was there was not a lot available space. What was found were new buyers and subleases. Mr. Groff explained for the Police Department they needed to go out a second time to secure a lease. Most commercial space does not want to have short term leases. Commissioner Casello asked if the City will be charged during the buildout. Mr. Groff responded the City would not be charged during the buildout. The goal was timing the leases with the timing of the construction schedule. Commissioner McCray asked how many staff will be housed at the Library Annex. 17 Page 338 of 600 Meeting Minutes City Commission Boynton Beach, Florida April 17, 2018 Mr. Clark replied there will be three AmeriCorps staff, four full-time youth services staff and maybe a couple of part-time staff to support the full-time staff members. Commissioner McCray inquired what happens if the City buildings are not done within those twenty months. Mr. Groff explained all of the leases have extension which the City can exercise if needed. Extra time has been built in. Mr. Groff indicated he was very comfortable with the schedule. Commissioner McCray asked if something happens with building City Hall, Police Department or the Library and they are not able to move because the Contractors do not meet their deadlines, who will pay the extended lease payments. He asked do the Contractors pick up those payments. Mr. Groff replied there are liquidated damages in the contracts. If the contractors do not meet those timeframe, they would pay those deadlines and those damages are used to pay for the City damages such as extended lease payments. Mr. Howards indicated the lease at 209 N Seacrest Boulevard for the Library annex, the monthly rent was $8,360 for a total of $167,200 for the 20 months. Mr. Howard noted the lease for 3301 Quantum Boulevard was for City Hall and City Services, except for the Police Department or the Commission Chambers. Commissioner McCray asked where the Commission will hold their meetings. Mr. Howard stated they are looking at a couple of locations, the Intercostal Park Clubhouse, the Woman's Club, or Fire Station Five in the big training room. Staff was still deciding on where the chambers will be located. Commissioner McCray asked how the residents will pay their water bill. Mr. Howard indicated this was being worked on; the payments will be taken at the temporary space for City Hall. Noted staff was looking for additional locations in the downtown area. Mr. Howard said the lease for City Hall located at 3301 Quantum Blvd, will have 23,000 square feet and the monthly rent is estimated at $42,166, the yearly total is $1.12M for 24 months. Mr. Howard explained those rental payments will be budgeted for in the upcoming budget process. Mr. Howard said the last lease was for 3602-3606 Quantum Boulevard for Police Headquarters. The size of the space was 27,300 square feet at an estimated rental cost of $24,501 and a yearly cost $588,042 will begin August 1, 2018. Ms. LaVerriere indicated the total cost of $2.286M for all building for 20-24 months. 18 Page 339 of 600 Meeting Minutes City Commission Boynton Beach, Florida April 17, 2018 Vice Mayor Romelus asked if this cost included the $250,000 for the Police Headquarters retrofit. Ms. LaVerriere indicated this was only for the rents. Mr. Howards stated in addition to the rents for the different spaces, for the main Library site, there was some buildout which was needed. There was an estimate of $25,000 which was a one-time cost. For City Hall there was some buildout which was required. There was an estimate of $46,000. This lease has a tentative improvement allowance from the landlord of $46,000. This would be an even swap. The Police Department buildout was being estimated at $250,000. Commissioner McCray noted with the rent and buildout the City was looking at $ 2.8M. How would the City handle people coming to the Police Department, and how would they know where the temporary police station would be located. Mr. Groff stated this was a concern; the City needs to do marketing. He stated a lobby will be made available for the citizens. There will be some signs on the building. It maybe a little bit more difficult where to find the Police Department, there will be a very nice lobby, the same services will be offered at the temporary building. Vice Mayor Romelus asked if there would be signage at the current location. Mr. Groff replied there will be some temporary signage. Once the building was demolished, the area will be fenced with instruction and direction explaining where the City Hall has moved. Usually within 6-8 months must people will get into the flow. Vice Mayor Romelus opened up to Public Comment. Susan Oyer 140 SE 27 Way, requested to see some maps of the proposed leased buildings. Ms. LaVerriere indicated the approval was needed. Herb Suss, 1711 Wood Fern Drive understood the need for the Police station and City Hall but not for the Library. Inquired as to the distance between the Library annex and the main Library. Mr. Howard replied the distance was 2.6 miles from the Library annex to the temporary main Library. Ms. Suss said the Libraries are separated by 2.6 miles. He was worried about the children. He indicated the City has a Library which was fairly new. He indicated the Commission was moving in the wrong direction. There must be a way in which to construct a Town Center and not demolish the Library. The Library was a fairly new building. He asked if there has been a traffic study. 19 Page 340 of 600 Meeting Minutes City Commission Boynton Beach, Florida April 17, 2018 Vice Mayor Romelus explained this was a temporary location, so the City did not need to have a traffic study. Vice Mayor Romelus stated the Library Annex was located in this area with the intention of keeping the kids in the area. The children will not need to travel to High Ridge nor go to 1-95. Mr. Suss stated this was a waste of money that the City built the Library. Commissioner Katz explained the cost to remediate the problems in the existing Library structure plus the opportunity cost of the loss value of developing the land was substantially higher than repairing the structures and leaving the structure there. The City will save millions of dollars by demolishing the structure and rebuilding and allowing more development as opposed to having one structure existing and needing repairs because of water intrusion and other issues. Commissioner McCray noted he has the same concerns regarding the Library. He said he previously asked Mr. Livergood if that was a good time to add onto the Library and was told it would be. He stated he was not happy about demolishing the Library. He felt it was a waste of taxpayers' money. He worked hard for this Library with Virginia Ferace. The only problem he had was why the Library did not face Seacrest Boulevard. Commissioner Katz noted no additional taxes would be raised above and beyond existing revenue from the CRA and the City of Boynton Beach. Commissioner Casello asked if the City of Boynton Beach reached out to other law enforcement facilities regarding using their facilities as holding cells. Acting Chief Kelly Harris explained the City of Boynton Beach needs the temporary facilities in-house so the officers can interview and process prisoners. The City would need to stand in line with every other agency. This would delay the processing time. Commissioner Casello stated the City has not reached out to the other agencies. Acting Chief Harris noted the City has worked directly with the Sheriff office on previous occasions, such as DUI's as well as other arrests. Acting Chief Harris stated the reality was the temporary time frame to ask the Sheriff department to put the City at the head of the line, PBSO was not willing to do this. There are other agencies which bring their prisoners to PBSO in order to process prisoners. Motion Commissioner Katz moved to approve. Commissioner McCray seconded the motion. Vote 3-1 (Commissioner Casello dissenting) 20 Page 341 of 600 Meeting Minutes City Commission Boynton Beach, Florida April 17, 2018 C. PROPOSED ORDINANCE 18-006 - SECOND READING - PUBLIC HEARING - Approval of Ordinance amending Section 18-164 of the Code of Ordinances to provide for mutual consent regarding use of the 185 money; amending Section 18-169 to add normal retirement age definition for members who retire with (20) years of service only retirement, to provide for payment of death benefits to a designated beneficiary in the event that there is no spouse, and to add ten year vesting for Police Officers hired on or after October 1, 2016; adding a new Section 18-178 to add a rehire after retirement provision. (Tabled) Attorney Cherof requested the Commission table this item to the next meeting, there are two housekeeping items which the City does not have proof of compliance. Motion Commissioner McCray motioned to table. Commissioner Katz seconded the motion. Vote The motion unanimously passed. 13. FUTURE AGENDA ITEMS A. Update Commission on topic of dogs on beach - May 1, 2018 B. Agreement for Textile Recycling Franchise Agreement with FLSC, LLC d/b/a Florida Textile Recycling Program for an exclusive City-Wide program - May 1, 2018 C. Staff to review PBC Ordinance on Panhandlers - May 2018 D. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Rolling Green Girl Scout Park E. Commissioner Katz has requested the City Attorney to provide update on legal issues with QPODD-TBD F. Staff to bring back to Commission results of negotiation with property owner a real estate purchase and sale agreement between the City of Boynton Beach and Brittany Bumgardner for a vacant parcel at the end of SW 24th Avenue adjacent to 1-95.—TBD G. Staff to report on the possibility of the City beginning a Bike Share Program TBD 21 Page 342 of 600 Meeting Minutes City Commission Boynton Beach, Florida April 17, 2018 14. Adjournment Motion There being no further business to discuss, Commissioner Katz moved to adjourn. Commissioner McCray seconded the motion. Vote The motion unanimously passed. T he meeting was adjourned at 8:28 p.m. (Continued on next page) 22 Page 343 of 600 Meeting Minutes City Commission Boynton Beach, Florida April 17, 2018 CITY OF BOYNTON BEACH Mayor- Steven B. Grant Vice Mayor- Christina Romelus Commissioner— Justin Katz Commissioner— Mack McCray Commissioner - Joe Casello ATTEST Judith A. Pyle, CMC City Clerk Queenester Nieves Deputy City Clerk 23 Page 344 of 600 7.A. BIDS AND PURCHASES OVER$100,000 5/11/20118 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: Approve an increase to the estimated expenditure to Rehrig Pacific of Orlando, FL from$100,000 to $125,000 per City Bid#048-2510-15/J MA for Molded Refuse Containers and Parts due to development in the City and the need to replace existing containers. EXPLANATION OF REQUEST: Current Renewal Period: July 20, 2017 - July 19, 2018 The Commission approved bid#048-2510-15/J MA on July 18, 2017 for a one year extension period from July 20, 2017 to July 19, 2018 with an estimated annual expenditure of$100,000 for the purchase of molded mobile refuse containers and parts for the automated garbage collection program. We have experienced an increase in garbage cart requests due to the growth of developments/businesses throughout the City and containers that are no longer repairable which will result in exceeding the original estimate of$100,000. The increase to $125,000 will supply us with the ability to place an additional load of garbage carts to accommodate our residents/customers with replacement carts, keep a sufficient stock and any unforeseeable requests that will need to be met. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The inventory will allow us to provide our residents/customers with garbage carts and meet the refuse service demands in a timely manner so that Solid Waste is able to remain operational. FISCAL IMPACT: Budgeted Budgeted funding is in Solid Waste account#431-2515-534-52-74 ALTERNATIVES: Not approving the increase will prohibit us from ordering additional garbage carts and providing them to our residents/customers leaving them without a cart to place their household garbage for disposal. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Page 345 of 600 Grant Amount: CONTRACTS VENDOR NAME: Rehrig Pacific START DATE: 7/20/2017 END DATE: 7/19/2018 CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: Yes EXTENSION EXPLANATION: The City secured firm pricing for two (2) years beginning July 20, 2015 to July 19, 2017. The bid may be renewed for three (3) additional one-year periods at the same terms and conditions and pricing, subject to vendor acceptance, satisfactory performance, and determination that the renewal is in the best interest of the City. The bid was renewed on the July 18, 2017 Commission meeting for one (1) year beginning July 20, 2017—July 19, 2018. ATTACHMENTS: Type Description D Addendum Rehrig Pacific— Bid Renewal Letter D Addendum Rehrig Pacific Commission Meeting 06/16/15— Agena Item& Resolution Addendum Rehrig Pacific—Tab Sheets Addendum Rehrig Pacific— Proposal Addendum Rehrig Pacific - CO1 Page 346 of 600 The City of Boynton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach,Florida 33425-0310 Telephone No:(561)742-6310 FAX.(561)742-6316 July 19, 2017 Lisa Perkins, Municipal Contract Manager REHRIG PACIFIC 7452 Presidents Drive Orlando, FL 32809 VIA EMAIL TRANSMITTAL TO: Iperkins@rehrig.com BID: SUPPLY OF INJECTION MOLDED REFUSE CONTAINERS AND PARTS BID No.: 048-2510-15/JMA RENEWAL TERM: JULY 20, 2017 THRU JULY 19, 2018 Dear Ms. Perkins: At the meeting of July 18, 2017, City Commission approved a one-year renewal of the subject Bid thru 2018. At your soonest convenience, kindly submit a current Certificate of Insurance in full accordance with the requirements of the original Bid. We look forward to another year of Rehrig Pacific's excellent service. Should you have any questions, please do not hesitate to contact Ilyse Triestman, Purchasing Manager at (561) 742-6322 or email to triestmanip_bbfl.us. Sincerely, Tim W. Howard Assistant City Manager-Administration Director of Financial Services cc: Joseph Franklin —Solid Waste Supervisor, Public Works Adrianna Greco-Arencibia—Administrative Assistant, Solid Waste, Public Works File America's Gateway to the Gulf Stream Page 347 of 600 Coversheet Page 1 of 2 TA, BIDS AND PURCHASES OVER$100,000 6/16/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 611612015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION O.RI 5-073-Approve award of the bid for a"Two Year Term for the Supply of Injection Molded Mobile Refuse Containers and Parts for the Automated Garbage Collection Program",Bid No.048-2510-15/JMA,to Rehrig Pacific Company of Orlando, FL. Purchases will be made on an"AS NEEDED"basis,the annual anticipated expenditure is$100,000. EXPLANATION OF REQUEST: BID TERM: JULY 20,2015 to JULY 19,2017 The Solid Waste Division of Public Works purchases mobile refuse carts for the automated garbage collection program. The carts are located at residences throughout the City,and are emptied by automated Solid Waste trucks twice weekly. Two cart sizes are offered to residents,65 gallon and 95 gallon carts,which are specific to the automated vehicles. On May 14,2015,Procurement Services received two bids and one"no bid"in response to the advertised bid. The bids were evaluated by the Public Works Department for compliance with specifications and bid submittal requirements and it was determined that Rehrig Pacific Company is the lowest, responsive,responsible bidder. OTTO ENVIRONMENTAL REHRIG PACIFIC 90-100 Gallon Containers $49.06 $48.80 MFR/Model Name/No. Otto/MSD-95 Edge RehrigIROC-95U Pricing for full truckloads only 60-70 Gallon Containers $42.71 $42.18 MFR/Model Name/No. OttolMSD-65 Edge Rehrig/ROC-65U Pricing for full truckloads only HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City will secure firm pricing over the next two years to replace carts that were damaged,lost,or stolen or to purchase new carts as new homes are built. The bid may be renewed for three additional one-year periods at the same terms and conditions and pricing,subject to vendor acceptance,satisfactory performance,and determination that the renewal is in the best interest of the City. FISCAL IMPACT: Budgeted Mobile Cart and Commercial Metal Container purchases have been budgeted in account number 431-2515-534-52-75 for$170,000.for Fiscal Year 201412015. Solid Waste anticipates ordering 1,500 carts annually through July 2017. The mobile refuse carts will be ordered on an'As.Needed' basis. Expenditures: Fiscal Year 2013/14 $85,764. Year to Date $105,928. ALTERNATIVES: Not approve the bid award and re-issue a new bid. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: ............... ......................................... Is this a grant? No Grant Amount: ............. .............. ATTACHMENTS: Type Description U Reso Two Year Bid for the Supply of Mobile Refuse Containers 13 Tab SheetsTab Sheets 5-14-15 D Other Proposal from Rehrig 13 Memo Department Recommendation to Award file:///S:/PW/Blanket`/`20PO%201ists/FY2017-2018`/`20BIanket%20POs/Solid%2OWaste/..PaggMCJCgf 600 Coversheet Page 2 of 2 REVIEWERS: Department Reviewer Action Date Finance Koward,Tim Approved 6/3/2615-9:51 AM Finance Howard,Tim Approved 613/2015-9:51 AM Legal Cherof,Jim Approved 6/9/2015-5:16 PM City Manager LaVerriere,Lori Approved 611 11201 5-8:55 AM file:///S:IPW/Blanket%20P0%201ists/FY2017-2018%20BIanket%2OPOs/Solid%2OWaste/..Pa4g'$'$Q1CSF 600 1 RESOLUTION NO. R15- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING THE AWARD OF A "TWO YEAR 5 TERM FOR THE SUPPLY OF INJECTION MOLDED MOBILE 6 REFUSE CONTAINERS AND PARTS FOR THE AUTOMATED 7 GARBAGE COLLECTION PROGRAM", BID NO. 048-2510- 8 15/JMA, TO REHRIG PACIFIC COMPANY OF ORLANDO, FL 9 FOR PURCHASES ON AN "AS NEEDED" BASIS; 10 AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT 11 WITH REHRIG PACIFIC COMPANY; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 15 WHEREAS, the City of Boynton Beach advertised an Invitation to Bid for a 16 "Two Year Term for the Supply of Injection Molded Mobile Refuse Containers and Parts 17 for the Automated Garbage Collection Program", Bid No. 048-2510-151JMA; and 18 WHEREAS, on May 14, 2015, Procurement Services received two bids and one 19 "no bid" in response to the advertised bid; and 20 WHEREAS, the bids were evaluated by the Public Works Department for 21 compliance with specifications and bid submittal requirements and it was determined that 22 Rehrig Pacific Company is the lowest, responsive, responsible bidder; and 23 WHEREAS, the Solid Waste Division of Public Works will utilize the mobile 24 refuse carts for the automated garbage collection program, wherein the automated Solid 25 Waste trucks empty the refuse carts twice weekly; and 26 WHEREAS, the City has the option to renew the bid for three additional one-year 27 periods with the same terms, conditions and pricing, subject to vendor acceptance, 28 satisfactory performance, and determination that the renewal is in the best interest of the 29 City. Page 1 of 3 CAProgram Files (x86)lneevia.comldocConverterProltemplNVDC127806C1 E-EF8B-4l A2-B65C- EDCFDB9913B61Boynton Beach.1462.1.Award_of Bid= _Rehrig_Pacific_Company_(Mobile_Refuse Containers).docx Page 350 of 600 1 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE 2 CITY OF BOYNTON BEACH,FLORIDA, THAT: 3 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 4 as being true and correct and are hereby made a specific part of this Resolution upon 5 adoption. 6 Section 2. The City Commission of the City of Boynton Beach, Florida, 7 hereby approves the award of a "Two Year Term for the Supply of Injection Molded 8 Mobile Refuse Containers and Parts for the Automated Garbage Collection Program", Bid 9 No, 048-2510-15/JMA, to purchase injection molded mobile refuse containers on an as- 10 needed basis, and authorizes the City Manager to sign a Contract with Rehrig Pacific 11 Company to implement the terms and conditions specified in the bid. 12 Section 3. That this Resolution shall become effective immediately. 13 14 REMAINDER OF THIS PAGE LEFT BLANK SIGNATURE PAGE FOLLOWS. 15 16 17 18 19 20 21 22 23 Page 2 of 3 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\27806ClE-EF8B-4lA2-B65C- EDCFDB9913B6NBoynton Beach.1462.1.Award—of—Bid-- -Rehrig_Pacific—Company_(Mobile—Refuse—Containers).docx Page 351 of 600 1 2 PASSED AND ADOPTED this day of 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 YES NO 6 7 Mayor—Jerry Taylor 8 9 Vice Mayor—Joe Casello 10 11 Commissioner—David T. Merker 12 13 Commissioner—Mack McCray 14 15 Commissioner—Michael M. Fitzpatrick 16 17 18 VOTE 19 20 ATTEST, 21 22 23 24 Janet M. Prainito, MMC 25 City Clerk 26 27 28 29 (Corporate Seal) 30 Page 3 of 3 CAProgram Files (x86)lneevia.comldocConverterProltemp\NVDC127806C1E-EF8B-41A2-B65C- EDCFDB9913B61Boynton Beach.1462.1.Award_of Bid_- _Rehrig_Pacific_Company_(Mobile_Refuse_Containers).docx Page 352 of 600 o y Jwv . In o- ImUj IL _ r .a _ cc 2c 13 0 Ruulv we r ~ v v o �.0. � ® `— a I O (Y) LU r To a r if) (Y) ti tZ ZW LLI 7Ww LU IL CJ ® r ® gw w K n ® = W w F- ... S 4 V W CD ® co Ir cm_ = F" v coil w o a m E E W C'J # = � r J W z O CoN w m ® v d Lu OCmra J w w i damw 12 WIN n. ® � w to CD in UW3 . ti r H .. F- Z v ' v .. .. FL w0 z fit!0 w � Q U O — CL LU n J w -- W II- LU ® _ a r } F' ice - H CLc ctj on C,4 C5 LU W _ •. Lo J — U IrCo H ® ® c ® U F.. _ .. J 021 Ca zw v v CD 0 pr CL v — — — ` — LU LU o 0 m 0 0 LLILO - _ LL LF ljj UJ E a Al � = v om aa is- ui 0 VD J Z ao on MaH Lu 0 20 LU Lu IU Lu U.1 LU 0 re 1- 0 19 cm 0 ®® } } } } r . r. r — — s H .® LO UJ LU 0 F— _ JCY Doz LUF 0 0013 a m m i}- - - - 3 3 3 — s r` O LLI LU O E CF O 11 LO c v (LO U. r Lu r IELo J uj o m _ c E } >- m LL .. m m — LL ENMI i LU 0 LU m cc 02 rl H t a 20 z ® J LU .. r FLL. �. >- -j J i CL c 3 _ ED w CL I— LL cn c F 0 Ei E in c - - - - — o 0 :3 � S f \ t ) 2 , } I rt r t r � tr 1 , � � t j{ + t 3 £) 1 ( 1 OWN ,� r{ �t �{tt�Sitlt}i ,333 ..,, ,_ c. i, n f{ .. i 41 i _,._. , , t(r -. , > , SJ , t t__r �, {, , )�.r...r.. ,.. ..,_ (tt_ ,\ , t,- t ,St)t1 t, „.1 ., i ��}1�.,,v.tl: „I)F,r„` t1r rSr ,.,,5 Introduction YaCITIC Em l SINCE 1913 Warranty Table of Contents Product Specifications Material Spec if 1ction References - - Page 357 of 600 m Introduction / Statement of Qualifications Rehrig Pacificr i t `y to propose a bidto supply the City of Boynton Beach withfu t i s requested in your Invitation i 51a1 !J thoroughly read and understand the it i your ITB andstrongly li that we havel a very comprehensiven competitive that Wil provide manybenefits to the Cityf Boynton Beach. Rehrig Pacifichas been supplying the industry ith bins sincen roll out carts since 1992 with great success and we wouldgreatly appreciate the opportunity provide you containers ar your program. As requested, l r packet you ill find our proposal to manufacture and deliver the containers for the life tr hri Pacific successful proven trackcar f providing containers to a widearray o markets and morespecifically to many large ll Citi (please en lists) throughout the country and we have providedn n fit to each program. Below have highlightedf these benefits that we believeshould nasi rheavily in your evaluation: Company Stability ity: Rehrig Pacific Company has been i businessin 1913 is extremely financially stableto serve a long-term contract. Our credit rating is excellentr customers and supplier'swould attest to our track record, We have annual sales exceedingmillion dollars and have achieved20-year compounded real growth rate exceedingfifteen percent, is coupled witht to equity ratio f (<1:1) has placedthe company in an envious financial position. (Financial Statements arev it I upon request.) If RehrigPacific is chosen as the awardedvendor for the City of Lynton Beach's projectyou ran feel comfortable that you will have partnered with a financiallyI n for many years to Leadership In PlasticProcessing: i starting in plastic processing in the late s, Rehrig Pacificsuccessfully supplied plastic containers to numerous industries, r design andplastic processing expertisehave n instrumental in our ability to producequality product. If RehrigPacific i chosen as your supplier for thisproject we ares to providing that same quality product andi t our container customers withinthe industry become accustomed to receivingfor the past 22 years. Leadership In ing Bin Industry: ins our first manufactured recycling ins in 1987 and roll-out in 1992, RehrigPacific grown to be a leader in both industries in terms of capacitynumber of customers andvolumes Ii a Therefore, if chosen as the CityBoynton Beach's supplier, Rehrig Pacifichas the capacityto handlen order of this magnitude. Environmental Services Group: leader in cart manufacturing, hri c Pacific n importance of beingI to offer more than just a reliable cart. o Leading the industry in environmental services Is rl Pacific's n 0 Environmental Services Group. We now offer a completein-house services group that can offer RFID tags for tracking assets and incentive recycling, Assembly and Distribution handled by Rehri F employees andreal Page 358 of 600 a m Page 359 of 600 MUM. LERD MMQW-Ljg-��C ON�TAJ N�ERS 1, GENERAL _.L// general Descriotion - The It refuse container shall be designed to contain the average solid waste material accumulated by a household, The container shall be designed, such as to be lifted by either or both Amedcan Standard, semi- autornated or fully automated collection equipment. The container shall be warranted against material and workmanship defects for no less than 10 years, non-prorated, during which time it will be generally maintenance-free under normal usage conditions, The bidder shall submit a copy of its warranty. Ouantity-The successful bidder shall provide approximately 1,500 containers per year, in accordance with specifications. These containers will be provided on an yeas neodedA basis. Deliv"dates to be at the City's discretion. mt @ LrQatp - When ordering containers in trucidoad quantities, based on manufacturer's capacity, container price/truck load container capacify. Color - The container body, lid, and other plastic components shall' be TEAL. Sample of color, will be supplied by the City upon award. II, MATERIAL Process-The City requlres a container manufactured using the lnjection Molding r 70C-8 S—j —Ma.1—edels - "Etre container shall' be made of high molecular weight, high density polyethylene Mich yields a superior weight to strength ratio. The material shall contain adequate amounts of ultra-violet stabilization to eliminate color fade over the life of the cart. 11l. CONSTRUCTION gm—acity - "Tine container capacity is a minimum 90 or 60 gallon when full, excluding additional volurne achieved by the domed lid in the closed position, State Capacltr, 5-5 L_gallons(95) �AS gallons(65) al ht- For better maneuverability,the weight of the completely assembled 90 — 100 gallon container shall be approximately 55 pounds. JDjerjor QgogkyqtlQn - The interior surface shall be smooth and free from crevices, recesses, projections, and other obstructions in refuse could be entrapped or entangled. The interior construction and shape shall assure the free flow of solid waste contents kora the container when dumped. V101, f—W--edrw—Q2ip9Lucfion - The exterior surface shall be smooth, free of comers or structures that could be hazardous or harmfuL Boynton geach—injecUon Molded Mobile Refuse Cortainam Page 19 Page 360 of 600 Lid fflinge The lid shall have two (2) hinges integrally-molded part of the lid configuration and extending towards the handle. The lid shall pivot to the handle and be securely attached to the handle mount by end caps. The lid shall be hinged tot handle so as to rotate fireely to a full opening of 270 degrees, to a position whereby It may rest against the back side of the container body. v1 The lid shall be designed in such a manner to ensure that the container will be watertight and shall continuously overlap the container body. The continuous overlapping of the body must prevent rainwater, rodents, and birds from Intruding into the container. Ldentification-Ali containers shall have the following molded into the cart body., The year of manufacture and six (6) figure uniquely identified serial numbers in white with a minimum size of one inch (I"). Emboss mCITY OF BOYNTON BEACH'onto the lid in one inch (11')letters. On the front Dote'" HOT ASHES" in%inch letters. _ZAt the handle have the message embossed into the lid with one inch (11") letters 'Arrow Toward the Street for Pick-up". V' Handle The handle shall be of one molded piece and shall extend in full length. Each gripping area shall provide enough space for a gloved hand to be placed. t Ili If extreme windy conditions are prevalent, the container must have a wind stability rating of no less than 25 mph without failing over. in tunnel test performed by an independent laboratory shall be submitted with the bid. /The container(whether empty or full)shall remain in the upright position when the lid is thrown open. Wheels and Axle The container shall be equipped with an axle and two wheels. The wheels and axle shall be designed so as to provide the specified wind stability. The wheels shall be snap on, 12"x I %", Tread Cap Wheal. Boynton Beach--injection Molded Mobile Refuse Containers Page 20 Page 361 of 600 Hub is made of HDPE, with a PVC material on the wheel to prevent tire roll-off, with a shock absorbing cell structure to eliminate tire flat spotting. The axle housing shall be molded in place, to anhance stability and wheel durability. The four (4) pronged snaps on locking device is installed VAthoot tools, but requires a special tool for removal to prevent theft. The locking device shall be on 66,self-lubricating and rust free. jjgpin ! rrr-The container must be provided Wtli adequate foot fulcrum or a tipping leverage point directly on the axle, The container must be capable of being easily transported on a level, sloped, or stepped surface in two (2) directions. IV PERFORMANCE SPECIFICATIONS NSJ rpmlyn M - The container shall be in full compliance wfth the American Ra–f—lonal Standard ANSI Z245.60. The bidder shall provide a compliance certification that the container(s) provided to the City meet the requirement of this standard. V/ Cart@1 L9 ft, ntacDmThe coiner shall be capable of aomodating a load ,_ -Ra weighing up to 315 ounds exclusive of the weight of the container, Mab 9 A C O'le %, A Oj 4 o_i 33aS 6.S A tA y 66 C &j The container shall be stable and self-balancing in its upright position when either empty or loaded to its rninimurn design load capacity. The container shall be capable of being easily moved and maneuvered, with an evenly distributed load equal in weight to its rninirnum design capacity on a level, sloped, or stepped surfs oe in two directions. 6brpsjon Protection - The container shall withstand dragging along streets and driveways as well as the normal abrasion caused by the dumping operation. Bottom molded wear strips are acceptable, Container Plck7,tjp Poin ,� __4 The con'tainer must be capable of being picked up by a fully-automated application and serril-autornated American Standard lifter. The container shall be designed in such a manner that it can be engaged by a fully-automated grasping arm of either the belted or non-belted design. V/ The gripping surface shall be non-slip and have a diameter of 23 inches to 27 inches. The container shall be able to withstand squeezing and dropping throughout its expected lifetime Without showing the slightest change in its functionality or structural Integrity. Boynton Beach—injecfian McAded Mobile Refuse CoMatnem Pago 21 Page 362 of 600 V. WARRANTY: &/All bidders shall include a copy of their warranty with their bid, V1. SAMPLES ON REQUEST: —2! Bidders shall submit upon request samples of the its for review, Vii. REFERENCES: All bidders shall demonstrate their experience in manufacturing containers by furnishing a list of U.S. municipalities using the proposed containers of size, design, and material offered, The list must show at least three (3) municipalities, each have a minimum of 10,000 of the proposed containers. The name and telephone number of a contact person at each of the references shall be provided. Boynton Reach—Injection Molded Mobile Refuse Containers Page 22 Page 363 of 600 0 BIDDER'S ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561)742-6322 Bid Title: A TWO YEAR TERM FOR THE SUPPLY OF INJECTION MOLDED MOBILE REFUSE CONTAINERS& PARTS FOR THE AUTOMATED GARBAGE COLLECTION PROGRAM Bid Number 944:259 -15/JMA Bid Received By. MAY 14,2015, No Later than 2.30 P.M. Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for, MAY 14 2015 later than 2. within L!A���.P.M.. and may not be withdrawn w h n ninety(90)days after such date and t!-me'. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor. Rehrlg Pacific Company Federal L . Number: 954 608797 A Corporation of the State of: Delawre Area Code: 407 Telephone Number: 857-3888 Area Code: 407 FAX Number: 857-0900 Mailing Address: 7452 Presidents Drive City/State/Zip: Orlando, FL 32809 Vendor Mailing Date: 5/10/15 A DAfonso@RehrigPacific.com Add reSS� Au,iorized Signature Lisa Perkins, Municipal Contract Manager Name Typed THIS PAGE TO BE SUFI ED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach-injection Molded Mobile Refuse Containers Page 23 Page 364 of 600 BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality,bAha and grade of productcalled for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination i e (s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the productiservice in accordance th the specifications for the Burn of: INJECTION : (Estimated Quantity 1,500 PER YEAR) DESCRIPTION: UNIT PRICE sASSEMBLY_ STREET DELIVERY UNIT PRICE 1!1 n Molded MobileContainers Per the attached specifications ehrig Pacific Co. ROC-95U 0 0.00** 0-100 Gallon Containers., $ Mfg./Model 0-70 Gallen Containers: hd pacific 5U 42.1 * 0.00* f ,� del ALTERNATE: Order true a quantities Truck load container capacity; 466 0** $100 Gallon 648 . * 0.00** sa.._ 0-70 Gallon *Pricing available on full truckloads only. Truck may consist of two difference sized containers to fill truckloads *Pricing include delivery to City'sselected receiving yard. Containers will be delivered with Lida attached. Wheels Land catchbars must b assembledprior F.O.B.m being deployed by city, Prices quoted shall Include any and all costs of delivery to and unloading at the Public Works Compound,222 venue, Boynton Beach, Florida 33425. THIS L WITH IN ORDER FOR BIDc L ACCEPTABLE Boynton Beach—injeolon Molded Moblis Refuse Containers Page 24 Page 365 of 600 Prices quoted must be held for ninety(90)days to allow for evaluation. Bid price shall be good for two(2)years upon award. It is further agreed that the product will be delivered within 30 calendar days from the date of the Purchase Order from the City. 0 % discount off of list pricing will be extended to the City for the purchase of container spare parts on an"as needed"basis(enclose price sheet). Specification"check-off"sheets (Pages 19 to 22 submitted Yes/No Product Literature submitted Yes/No List of References submitted X Yes/No Warranty Enclosed X YesfNo Wind tunnel Test submitted X YesfNo 1+� .._.v........ COMPANY NAME .SIGNATURE Primary Contact: Dave Afonso Lisa Perkins Saes Representative PRINTED NAME C: 954-415-0519 800 ) 998-2525 Municipal Cotnract Manager TELEPHONE NUMBER TITLE E-mail: DAfonsohrigPacific.com Date: April 27, 2015 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach—In;action]Molded Mobile Refuse Containers Fuge 25 Page 366 of 600 0 BIDDER'S QUALIFICATIONS STATEMENT BIDDER shall furnish the following information. All questions to be answered in full, without exception. If copies of other documents will provide the appropriate answer to the question,they may be attached and clearly labeled. Failure to comply with this requirement will render Bid non-responsive and may cause its rejection. Additional sheets shall be attached as required. BIDDER'S GENERAL INFORMATION: 1. BIDDER'S Name, Principal Address, Phone and Fax Number: Rehdg Pacific Company HQ:4010 East 26th Street, Los Angeles, CA 90058 Local Mf , 7452 Presidents Dr., Orlando, L 32809 407-857-38881Fax: 857-0900 2. Number of years as a Contractor in this type of work., 26+ 3. Names and titles of all officers, partners or individuals doing business under trade name: William J. Rehdg, President Cindy 5trople Michael J. Doka "esh J. Lahur ... ............. 4. The business is w Sole Proprietorship artnership ❑ Corporation 91 5. Name, address, and telephone number of surety company and agent who will provide the required bonds on this contract: SullivanCurtisMonroe Insurance Services, LLC Eugene E Z,,,ft(949)250-7172 1920 Main Street, Suite 600, Irvine, CA 926142100 Main Street, Suite 350, Irvine, CA 92614 6. What is the last project of this nature that you have completed? City of Lake Mal.wwwy, FIL-We provide Roll Out Containers on a constant basis through out the U.& If you need more detailed information, please let us know. 7. Have you personally Inspected the proposed WORK and do you have a complete plan for its performance? Yes THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTA13LE Boynton Beach-injection Molded Mobile Ruluse Containers Page 26 Page 367 of 600 . List past clients your company has worked for crithln the past three years. lus@ssr Please see attached fe ni CONTACT u Tel- No-I el-No-1 serVI Fax: If more details are needed, and Email Value lease let us know® 134E 'figs–Riffs—s/ u Tel: CONTACT Service Fax No.2 and 3 Email value _...,.,... e ..,. I EJ IN fProcluW Tel: CONTACT senfice Fax No.3 and 3 Email Value BUSINESS/ Pr du 'fele CONTACT sear` No.4 and Erni, Value Csw�End BU IN sf Product/ Tal: CONTACT ervi Fax No.5 and S Email 'value . List the pertinent experience of the key individuals of your organization(continue on insert shoot, if necessary). Dave fo so 6 Sales Representative Andres Gutierrez 6 Plant Manager onna "wan QuStamerseadgeR 10. State the name and licensing of the individual who will have personal supervision of the WORK. (Attach all licensing) Dave onso and Andrei Gutierrez®licensing not applicable 1. Will you sublet any part of this ? If so,give details. No unless Assembly and Distribution of Roll Out Carts to residents is requested 12. What equipment do you own that Is available for the K? (Attach additional sheets as necessary) Production facility in Orlando properly manned and equipped. Also can be supported by 6 alter manufacturing faelli lea through out the U.S. If more specific info is required, please let lis 13, What equipment 'dl you purchase for the proposed ? None as we are already properly equipped. THIS TO BE SUBMITTEDIN ORDER FOR BID PACKAGE TO BE CONSIDEREDPL ACCEPTABLE Boynton Beach–In)e ' n Molded Mobile fu Containers Page 27 Page 368 of 600 14, What equipment will you rent for the proposedWORK? None as e already property equipped. 15. Has the Bidder or any principals of the Firm failed to qualify as a responsible Bidder, refused to enter Into a contract after are award has been made, failed to complete contract during the past five (5) years,or been declared to be In default in any contract In the last five( years? If yes,please explain below. None. 16, List and describe all bankruptcy petitions(voluntary or involuntary)which have been filed y or against the Bidder, its parent or subsidiaries or prede ssor organizations.during the past five (5) years. Inol de In ft description, the disposition of each such petition. orae. . List all claims, arbitrations, administrative hearings and la sub brought by or against the Bidder or Its predecessor or0ani tiorr( )during the last five (d)years. The list small include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a escri n f the subject matter o the dispute. e 18. Is the Bidder currently In default on any loan agreement or financing agreement with any bank, financial Institution, or other anti (if yes, specify in details the circumstanOGS, and prospects for r lotion). 40 10. BankReferences(Include narne,job#isle,and telephone number of contact person) Minimum 1 Union Bank, Randall Weaver,445 S. Figueroa St., Los Angeles, CA 90071/213-236-7010 . Annual Average Services Revenue of the Bidder for the last three years as follows: �u s Revenue Index Number xR. . o ernrrrent elat d ork _i ... _ ilTd�n �.... . � . Non-Governmental men elated or —150-250 Millionj 00-45Q Million 1year THIS PAGE TO BE SUBMITTEDPROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDEREDACCEPTABLE BoynIon Beech®Injection Madded Mobile Rufuse Containers Page 28 Page 369 of 600 r-vl es Revenue Index,NurTibaL,'_ 1. I Less than$100,000 p� 2. $100,000 to less than$250,000 i 3. I $250,000 to less than$500,000 4. r 000 to less than 1 million 5. 1 million to less than$2 million B. _ $2L$ — million to less than$S millmillion 7. million to less than$10 million B. million to less than$25 million � . _ lb. million to less than$50 million '��o. ......... .� 1 10 $50 million or greater 20. _rinci,al Materials Manufaetuurer and Subcontractors. The BIDDER who proposes to perform WORK specified and shown on the Drawings is submitting this Bid Form. The Schedule of Bid Prices shown on the preceding pages(s) has been calculated and tabulated using basic material prices. The following is a list of material manufacturers and subcontractors whose materials and services said BIDDER proposes to furnish and utilize If awarded a CONTRACT for the WORK specified herein and shown on the Pians. it is understood that the following list is not complete, but includes the names of manufacturers of the principal components and subcontractors supplying principal services to said project. It is also understood that if awarded a Contract, the BIDDER will furnish the materials of the manufacturers and utilize the services of the subcontractors stated herein and that if for any reason whatsoever BIDDER wishes to substitute materials or subcontractors BIDDER shall request permission in writing from the CITY stating fully the reason for making such a request prior to ordering same. All manufacturers or their authorized vendors have been made aware of all the appropriate portions of the Bid Documents and agree that their materials will meet all of the requirements stated therein and deliveries will be scheduled so as not to impede the progress of the WORK. Materials: Item Manufacturer HDPE Resin Dow or Exxon Color/UV Stabilizer TechmerPM THIS PAGE TO BE SUBMITTED ALONG VVITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETEAND ACCEPTABLE Baynton Beach—Injection Molded Mobile Refuse Contalnem Page 29 Page 370 of 600 The BIDDER acknoWedges and understands that the information contained in response to this Qualification's Statement shall be felled upon by CITY in awarding the contract and such information is warranted by BIDDER to be true, The discovery of any omission or misstatement that materially effects the BIDDER'S qualifications to perform under the contract shall cause the CITY to reject,the Bid, and if after the award,to cancel and term Inate the award and/or contract. The BIDDER also acknowledges fat all information listed above may be chocked by the CITY and authorizes all entities or persons listed above to answer any and all questions. BIDDER hereby indemnMes the CITY and persons or entities listed above and hold them harmless from any claim arising from such authorization or the exercise thereof, Including the dissemination of information requested above. By a ` ', Lisa Ejerkip uniclipal Contract Mgr. (Signature) Date Mav � ��10 2015 = I-- - THIIS PAGE TO BE SUBMrrTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Smoh-Injectlon Melded Mobile Refuse Contalnen; Page so Page 371 of 600 0 BID o.: 0 2510-J 5J A SCHEDULE OF SUB-CONTRACTORS The Undersigned Bidder proposes the following major subcontractors for the major areas of work for the Project. The Bidder is f contractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in ace general conditions. This page may be reproduced for listing additional sub-contractors,if required. Name rmd r s of t_ ctor co e of _ nth e fit o asi I i lad at this f tr c �.,. ._. ICr9 . �. .._ ®.. .. >:>:..e.._.._..�. ......... s , Signature °., Lisa Perkins Date: 4130115 flrfuni l al Contras anger Title/Company_ Rehr! Pacific o fan Owner reserves the right to reject any sub-contractor who has previously failed in the proper performance of an award time contracts in a similar nature, or who is not responsible(financial capability, lack of resources, etc.)to perform un reserves the right to inspect all facilities of any sub-contractor in order to make a determination as to the foregoing. THIS PAGE TO BE SUBM I TED ALONG WITH PROPOSAL IN ORDER FOR 131D PACKAGE TO BE CONSIDERED COMPLETE E AND ACCEPTABLE Boynton Beach—Injection Molded Mobile Rehm cofdainers Page 31 Page 372 of 600 CD � ID g CL OF, H. L) CL BaiW6 CL z z t5 0 E LLI z 0 z Z5 �R C) Q z z 0 LD LLI E LLI 00 m w CD LU LL E E 0 0 0 W> -C-L 9 LLI L) UJ LO Q cr 0 C3 04 0 CQ C; (a CIO mg w E E m 0 ma .c ai 12 , 0 0 z 00 00 d LU UL 0 "a 13 c1l 83 El 0 r [1p CT 8 00 Page 373 of 600 0 A D D E N D A CITY OF BOYNTON BEACH FLORIDA BID No. -257 0.151) BIDDER: Rehlig Pacific Company DATE SUBMITTED: April 30, 2015 We propose and agree, If this submittal is accepted, to contract with the City of Boynton Beach, In the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services neoessary to oompletelprovide the work specified by the Contract documents. ADDENDUMNO. OLTE ADDEN DATE 001 May 5, 2015 .............. - —-------—-------- ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach-Injection Molded Mobile Refuse Containers Page 32 Page 374 of 600 C ` a rL ._. . MEo `� ro C)uj L :03 r.- zoo ,o U FL d ,L cd-0 2 2 c en zcr a rn .. .ft ._ .,.,1 nc p R I` 1CD o _ I v I I �too , LU C) LU Z 0 LDCC W QI o m mw w LU LL, LU , r .� COL w ! E al = wo 2- 32 CL MO rL CL a+ _ jco wi _ s ca E 0 C 0 i U ,9 � La _ 13) I tom!! +.. L C +� 9CL m Page 375 of 600 REFERENCES FOR Rehrig Pacific Company NAME aF FARM a C=ame: See attached. Address Contact Name. Fax: _ ,w - E-Mail: Company Name: °` �e .0 ,u,:. ,µ Adalress, - - Contact Name: Phgne: Fax: .n.. E-Mail: ... ,a�n- Company Name; Address: Contact Name: Phone: Fax: E-Mail: Company Name. Address. ,,,,�n ---- Cantsct Name: - �.. ....... » i Phone: Fax: E-Mail -- e THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach—Injection Molded Mobile Refuse Containers Page 33 Page 376 of 600 NON COLLUSION AFFIDAVIT OF PRIME BIDDER State of California County of Los Angeles that: Rajesh J-Luhar being first duly swom, deposes and says 1) He/She is CFO of Rehdg Pacific Company (Title) (Name of Corporation or Firm) the bidder that has submitted the attached bid: 2) HelShe is fully informed respecting the preparation and contents of the attached bid and of aII pertinent circumstances respecting such bid, 3) Said bid is genuine and is not a collusive or sham bid; 47 Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this afflant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for wNch the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix anyoverhead, profit or cost element oft bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract;and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees,or parties in interest, including this affiant. (Signed Raresh J. F.uhar-- sCFO Subscribed,00 d Wom to before me (Title) Rajesh J. Luh r,who proved to on the basis of satisfactory evidence Buena Ml:'Zbe'ku'm, me Notary Public to be the person who appeared before me. A Notary Public or other officer This 30 day of 2015 completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfUness,accuracy,or validity of that document. My commission expires Sept.22,2016 4MURN 7 to m1a 9 NTY 4h, 2018 THIS PAGE TO BE SUBMITTED ALONG VWTH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach-Injecdon Molded Mobile Refuse Containers Page 34 Page 377 of 600 ANTI-KICKBACK AFFIDAVIT STATE OF Cal' is ) Los Angeles: SS COUNTY OF WME99W 1, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: NAME -SIGNATURE Sworn and subscribed before me this 30 , day of April '20 15 Rajesh J.Luhar,who proved to me on the basis of satisfactory evidence to be the person who appeared before me. A Notary Public or other officer completing this certificate verifies only Printed Information: the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy, Rojesh J.Luhar or validity of that document NAME CFO TITLE NOTARY PB BLIC, State of WdQF1 California at Large Buena M. Blackburn Rehdg Pacific Company ' omImission expires: Sept.22,2016M COMPANY 1(6k. BUENA M,BLACKBURN COMM.#1989157 w Notary Public-California LOS ANGELES COUNTY 1,6 Cam.Exp.Se -2Z 2016 "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach-Injection Molded Mobile Refuse Containers Page 35 Page 378 of 600 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company, Return this forrn with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business Yes tiYX If Yes, please indicate by an 'X' in the appropriate box. AMERICAN INDIAN ASIAN BLACK HISPANIC WOMEN OTHER (specify) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO. X If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO 13E SUBMITTED ALONG VATH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE. Boynton Beach—[njectlon Molded Mobile Refuse Containers Page W Page 379 of 600 CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free I programs. h r 0 or more iwhich l with respect to price, quality, and service are received y the Cityof Boynton Beach or by any political subdivision for the procurement o commodities or contractual services, a bidreceived from in that certifies that it has implemented a drug-f o la program li be given preference in the and process, Establishedr for processing tie bidswill be followedif none of the tied vendorsv a drug-free o I c program. In order to have a drug-free workplace program, a business shall: } Publish a statement notiyng employeest the unlawful manufacture, distribution, dispensing, or use of a controlled substance is prohibited in the workplace and specifyingthe actions that will be taken against to for violations of such prohibition. Inform employeest the of drug abuse in the o I c , the business's policy of maintainingdrug-free o lace, any availabler counseling, rehabilitation, n to assistance programs, and the penaltiesthat may imposed on employees for drug abuse violations. Give ch employee engaged in providing the commodiia or contractual services that n i copy of the statement specified in subsection (1). ) In the statement specified in subsection (1), notily the employeethat, as a condition of working on the commodities or contractual services that areunder bid, the employee ill abide by the terms of the statement and will notify Moyer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substancelaw of the United tat or any state, for a violation occurring in the workplaceno later n five ( ) days after such conviction. } Impose an ion on, or require the satisfactory participation in a drugabuse assistance r rehabilitation pro if such is available in the employee's community by, anye to ho is so convicted. } Make a goodfaith effort to continue to maintain a drug-free workplacethrough implementation f this ion. authorizedAs the person , l certify that thisit fullyi requirements. Ven--d-6 Signature jsh J.Lur,co THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDEREDCOMPLETE CEP L Boynton ch Injeclion Molded Moblis Refuse containers Page 37 Page 380 of 600 PALM REACH COUNTY INSP CTOR GENERAL ACKNOWLEDGMENT BID No. 048-2510-151JIMA A TWO YEAR TERM FOR THE SUPPLY OF INJECTION MOLDED MOBILE REFUSE CONTAINERS&PARTS FOR THE AUTOMATED GARBAGE COLLECTION PROGRAM The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit rrafters relating to ft negotiation and performance of the resultant Contract and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. Rehrig Pacific Compay CONTRACTOR NAME B Lisa Perkins Title: —Municipal Contract Manager Date: April 30, 2015 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Bomb— tnjeaon Molded Mobile Refuse Contelners Page 38 Page 381 of 600 r- I Be City Of Boynton Beach Finance/Procurement Services 100 E.Boynton Beach Boulevard A O.Bax310 Boynton Beach,Florida 33425-0310 Telephone: (561)742-6310 FAX (561)742-6316 ADDENDUM No. 1 ® May 5, 2015 BID TITLE: TERM FOR THE SUPPLY OF INJECTION MOLDED MOBILE REFUSE CONTAINERS AND PARTS FOR THE AUTOMATED GARBAGE LL CTI BID NUMBER: 048-2510-1 5/JMA The following changes, additions, deletions, and/or information are hereby made a part oft e Bid for NA Two Year Term for the Supply of Injection Molded Mobile Refuse Containers and Parts": ADDffloNAL NEQRMAIQN. In response to questions received via email: 1. Cost Adjustments., In an effort to protect the City and each cart manufacturer as it relates t6 price adjustments, we ask that the City consider removing the requirement to keep pricing firm for two ars® ANSWER: Requested pricing is for a two year period. Cost Adjustments are allowed after the initial two year to per Special Conditions, number 15, gost Adgrit 2. Quantity: Appro yimately 1,500 containers will be purchased a year. Please clarify If that is approximately 1,500 65 gallon containers and 1,500 95 gallon containers purchased each year for a total of 3,000. ANSWER. Total of all containers is approximately 1,500 per year; a mix of 65 gallon and 95 gallon as demand dictates. 3® We ask for language to be changed stating that the axis itself cannot be used as the tipping fulcrum. ANSWER., Staff does not use axle to tip can. 4, It will be more cost effective for the City if the manufacturer does not have to unload the carts at the Public Works Compound. Page 382 of 600 _ACKNOWLEDGEMENT OFADDENDUMAp� REQUEST FOR BID FOR A TWO YEAR TERM FOR THE SUPPLY OF INJECTION MOLDED MOBILE REFUSE CONTAINERS A,NO PARTS FOR THE AUTOMATED GARBAGE COLLECTION PROGRAM RID No. 048-2510-15/JMA RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM No. 1"WITH BID PACKAGE IN ORDER FOR. SUBMITTAL TO EECONSIDERED COMPLETE AND ACCEPTABLE. ,%ds NAME OF COMPANY: Lisa jI3s PRINT NAME OF REPRESENTATIVE SIG p TUBE OFl PRESS TATIVE u 51 's 's "5 �- 3 Page 383 of 600 M-dsA- If way "'HUSKYLITEO" Roll Out Cart Warranty Rehrig Pacific Company offers a unique MI warranty for a period of 10 years. Rehrig Pacific Company warrants that its Huskyl-ItsOD containers purchased will Donform to all applicable specifications, will be free from defects in material and workmanship, and will be fit forte particular purpose intended by the Buyer. The conditions of this warranty include fallure of the cart body, lid, lid attachments,wheels,axle, and all hardware. Rehrig Pacific Company extends this warranty only to the first purchaser of the usLite containers, Warranty Coverage Exclusions This warranty does not cover., (1)use under circumstances exceeding specifications, (2)Buyer or User abuse or vandalism, (3) unauthorized repair or alteration, (4) damage or failure as a result of incompatible, improperly installed, impro pefly operated, or defective liffing or dumping mechanisms, (6)damage or failure caused by natural calamities such as fire, storm,or high winds, Rehrig Pacific Company will not be liable for any claims of loss of business, loss of profits, loss of Income or any other losses or expense which exceeds the purchase price of the allegedly defective container. Administration of Warranty Any component that falls during the 10 year warranty will be repaired or replaced at no cost to the Buyer provided that: (1) Buyer notifies Rehft Pacific Company in writing no later than the end of the applicable warranty period of the claimed defect; (2) Buyer agrees that Rehdg Pacific Company shall have the right to inspect and test the allegedly defective container, (3) Determination of the alleged failure shall be made jointly in the judgment of the Buyer and Manufacturer, (4) The serial number(s) of the dee live container(s) shall be submitted via email to Rehrig Pacific Company using the electronic warranty form, Each serial number must be accompanied by the appropriate warranty code identifying where the failure occurred, (6) Rehrig Pacific Company reserves the right to recycle the defective containers. Buyer agrees to empty, disassemble, and stack containers for shipment back to Rehrig Pacific Company. Rehlig Pacific any shall be responsible for setting up shipment and the associated freight chare& (6) Any repaired or replaced component will assume the remainder of the I 0-year warranty from the original cart's initial purchase date. (7) Rehrig Paclflc reserves the right to either replace or repair the defective component. Cart Production Facilities:Headquarters:4010 East 26u'street,Los Angeles,CA 90023,Phone 323.262.5145,Fax 323.269.8506 -1738 W.20h Street, Erie,PA 16602,Phone 8 14.455,8023,Fax 014.455,3997*1000 Roca Court,Lawrenceville,GA 30045, Phone 770.339.9888,Fax 770.339,4840*8875 Commerce Drive,Do Soto,KS 66018,Phone 913. .1175,Fax 913.585.1563 7800 1000'Street,Pleasant Prolde,WJ 53158 Phone 262-947-3312, Fax 262. 7.3355 Page 384 of 600 ENV-106-0909 NNIMMIMMEM I SRI R 9 eb...I* PacifiL, fa C fi Rollmout Carts, � 64th t. Proven to withstand the rigors of today's collection systems, Pacific's HuskyLite Roll-out Carts are setting new industry standards for durability and of efficiency. Available in 18 gallon through , M" 95 goon models,for nearly any curbside application,these carts moll easily even with heavy loads. The continuousone-piece handle provides a strong gipping area and the wide wheelbase Makes maneuvering easy. a huskyLite carts are flexible,yet hold their shape every after years of service, A reinforced torp Tip adds strength and rigidity as do the double drag rail d reinforcedb e specially . designed wide grad-huger base , ROC-I$2© helps keep these oaf upright and stable, ROS,-55NB ROC-35MB Options for the Roll-out Cartsu ti include internal and external -_ locking lids,which can be made with slots for collecting confidential documents or cutouts for recyclable beverage containers. eel opts include blow-molded wheels or quiet treaded snap-on ee that install in sends. Roll-out Carts are shipped with lids t , already attached,saving additional nibly time. ROC-95 ROC-95U ROC-95P d Page 385 of 600 Product Information Dimensions'0 ) ROC 18/20 ROC-353 ROC-65 ROC-95 Height w/Iad 32.60 39.23 40.58 45.13 ♦ ♦ Width 19.80 20.20 26.70 28.50 Depth 18.00 22.98 28.11 33.73 iANSI Load Rating2(ib.) 70.00122.50 227.50 332.50 Truckload Quantities. ROC-18 ROC-20 ROC-35 ROC-65 ROC-95 raiz Buck Size 7 high Inquire 9}dgh 9 high 8/9 high 48'Trailer 770 Inquire 864 504 384/432 53'Trailer 875 Inquire 1,080 W 432/486 � i Dimensions vary depending on wheel and lid options lout z ANSI 2245.30-2008 .'eatures and Options 3 20 gallon insert available s, For Serni-Autornated or Automated Collection of Household Rehise,Recyclables and m l Organic Wastes Universal Cart Models Available in All Si7", Fully-Automated ROC 95FA Cart also Available Constructed of High Quality,Resilient UV-Stabilized HDPE Resin. Available in de Range of Colors. .,. ..> ROC-18 Carts Stacked European Lip Branded ID Number Rotating MeW or Molded-In Catch Bars and Sar Code - Hot-Stamp Branding of Logos and Recyrfing Slogans;Bar Coding,Sequential Numbering and Multi-Color in-Mold Labeling Options jlp�F t al RFD)Integration Available for Use in Asset b� and Participation Tracking Programs Divider Option for Two-Stream Collection Gravity Lock Internal Lock with Key External Lock. a; Optional European Lip (padlock not included) a Lad Cutouts for Recyclables Available k � Lid Opening Options Include 90®or 111®Stops -P 1100 19 Blow Molded or Quiet Tread Wheels Available i in Cotter Fin,End Cap or Snap-on Styles i a Optional Features for Confidential Document Destruction Carts: C, Lids with Internal Lock or External Multi-Color In Mold Label Optional Openfnp for Optional 91"or 110° "ongue Plate and Pa lock (11AL) Retyclables Lid Stops G Slotted Openings with Anti-Fish Option A FAMILY TRADITION OF GROWTH,SERVICE AND INNOVATION See Organic Waste Container Specification Headquartem 4010 East 26th SIMt Lw&WTes,cs3 9m58(523)262.51.0 @"421-6244 Fax:(323)269.8506 Sheet for Additional Features and optionsR&,PA(8001458-3•Atlanta,GA(509)241-9M-Dallas,Tx(8DO)426.9189-Kemsha,m(800)934-3312. D•Soto,KS(866)265-4198.Orlando,FL(800)998.252525•Canada(8771 456-81194-N uica 452(442)296-2000 Page 386 of 600 95 Gallon Universal Roll Out Cart Specifications Meets andlor exceeds all ANSI Standards Manufacturing Process: Injection Molding Material: High-density polyethylene resin (HDPE) Manufacturer: Exxon Type: HD-6605 Color pigment and ultraviolet inhibitor compounded at 2% by weight Wall Thickness: Cart Minimum: 0.176 inches Critical Wear Points: 0.185 inches(Cart Baftorn, handle &lift mechanisms) Lid Minimum: 0.140 inches Cart Dimensions: Height (includes lid), 45.13 inches Width, 28.70 inches Depth: 33.73 inches Resin weight, 34.10 pounds Assembled weight, 41 pounds Gripping diameter 27 inches Capacity: 95 gallons Load Rating: 332.50 pounds Imprinting: Hot stamp process permanently imprints logos and other infonnation including serial numbers and user instruction Lid Opening: 270 degrees Lid Assembly- Carts are shipped with the lids already attached. Catch Bar: Integrally molded plastic to bar or factory installed 1mx -9.72" corrosion resistant zinc plated steel to bar which is easily installed Axle: High strength, low alloy steel, 314 inches x 23.8 inches, zinc plated or powder coated equivalent for corrosion protection. Wheel., 10 or 112°x 1.75" blow molded, snap-on wheel with 1,4" integrated spacers Handle: Handle attachments are Integrally molded part of the container body with a gripping area of 16 inches. Clearance between the cart body and the inside edge of the handle has been maximized to provide optimum control of a fully Ioaded cart Lift System Compatibility: Compatible with American semi-automated bar-locking litters and fully automated arm lifters, Truckload Quantity: 486, stacked 9 high A FAMILY TRADrrJON OF GROWTH,SERVICE AND INNOVATION Page 387 of 600 Art �wpallj Container Resin Weight When considering the overall strength characteristics and longevity of a plastic container, there are several factors to consider. Processing, material, engineering (design) and weight are all factors in determining the durability of an automated container. It is our belief that the resin weight of a cart is crucial when producing a cart that can absorb and withstand the abuse inflicted by today's collection equipment, Rehrig Pacific manufactures carts using the injection molding process. Unlike the rotational and to molding processes, the injection molding process allows the manufacturer to design molds that all for additional plastic to be injected into the critical wear areas of the container, such as the sidewalls, bottom and the lifting skirt area. This added material is a crucial Component and is what gives our container the strength and durability to withstand the rigors of automated collection equipment, Other manufacturing processes outside of injection molding do not possess this ability, making it impossible to reinforce the areas of a container that matter the most. In recent years, some container manufacturers (both injection and rotational molders) have made the decision to introduce carts to the market that possess far less resin than their original designs. While it is unclear as to why this decision was made, rising costs of resin (raw material)appears to be the main factor. Some manufacturers have introduced carts with nearly 5 pounds less raw material (resin) to compete in the market. On a 34-pound cart (resin weight) this would represent roughly 15% less material. To include the reduction in resin weight, some of these manufacturers have decided to reduce or prorate their cart warranties to better prepare themselves fort increases in failures that they anticipate experiencing from these lower quality carts. Unlike our competition, Rehrig Pacific Company has made the decision to continue to deliver high quality carts tote marketplace without compromising the durability of our products. Instead of removing plastic from our container, we have increased our capacity and moved our production closer to our customers. This allows us to better offset resin increases with lower freight rates. Our container failure rate is approximately 0.25% and is testament to the design and durability of our products. Rehrig Pacific stands by our commitment to quality and we believe that we have the strongest and longest lasting container on the market today, That is by we continue to offer and stand by our I 0-year, non-prorated warranty for our containers. The unassembled resin weights of Rehrig Pacific's its are: 35-gallon 17® lbs. 65-gallon 27.5 lbs. 95-gallon 34.1 lbs. to A FAMILY TRADITION OF GROWTH, SERVICE AND INNOVATION Page 388 of 600 Stability and Maneuverability Rehrig Pacific Companyspecifically designed its containers so that the cart is extremely stable and self-balancing when it is empty or loaded. The wide reinforced to lip gives strength to the cart body. The ground hugging features keep our cart stable even in high winds and on uneven terrain. Containers that do not have this feature have a tendency to fall over on their side after the container has been emptied at the curb. Ergonomic design features such as our large heavy-duty handle make maneuvering our cart an effortless task. The integrated foot titter an our 65 and 95-gallon carts help the resident handle a full cart with more ease. �n U1 .......... Rehrig Pacific Company's containers are easy to maneuver. A FAMILY TRADITION OF GROWTH,SERVICE AND INNOVATION Page 389 of 600 . vm-*v Plastic Material Rehrig Pacific Company uses only the highest grade FIDPE especially fbanulated to meet the demands of refuse and recycling bin and cart applications. We currently purchase our resin from DOW Plastics on MobiL The DOW material used in the manufacturing of the Rehrig Pacific carts and bins is DMDB-7905 nd the Exxon material is HD-6605, both materials are a narrow molecular weight copolymer that is designed for a vAde range of injection molding applications. The materials provide excellent impact strength, ck resistance and process iii , These materials are ideally suited for articles requiring rugged physical performance in cold temperature environments, such as refuse and recycling and bins. I you would like to baro more about these materials please reference the Materials Safety Date Sheets(MSDS) ch de Ultraviolet Stabilization Rehrig Pacific Company utilizes an H.A.L.S. (Hindered ins Light Stabilizer) ultraviolet stabilizer , , package, which Is considered a superior UN,. bill er package. This master- batch or n contains maximum light stable color pigments that have the highest ting possible to prevent fading. The.master-batch also contains ultraviolet inhibitors similar to or bailor than the Chernisorb 944 and thermal stabilizers in final levels to ensure minimal degradation in the field. At Rehrig Pacific we introduce our a . . ultraviolet package into our rollout carts and bins at a 1.5%-2.0%let down rate by total resin weight of the container. In contrast to 'screener" UN, stabilizers, the 1 . . . . package prote the plastic resin at the chemical level. The package is designed to seek damaged or broken polymer chains at the chemical level and repair and protect the polymer chains from UN. rays, thus maintaining the physical material properties of the plastic resin and container. Other LIN, stabilizers act as ascr ne "¢ similar to suntan lotion, in which the stabilizer attempts to screen the plastic and container from U.V, rays. Unfortunately, moisture n wash off %creenersff, leaving the container s to harmful U.V. rays, Color deterioration Is controlled by the quality and type of pigment, separate from the deterioration of physical properties, LIN. rays interact with the pigment nd can modify the pigment, depending on the amount and intensity of the LIN,. rays and the quality of the pigment. Certain color pigments are more difficult to control especially variations of the color red and bright uo s n colors. PrInted on Recyded Paper [tf FAMILY TRADITION F I H,SERVICE AND INNOVATION Page 390 of 600 Hot-Melt Compounding Certification Reh dg Pacific Company blends high density polyethylene with 'UV-stabilized colorant using the hot-malt compounding Process for the production of our recycling bibs and,35, 65, and 95 gallon us It containers. All materials are in a molted state when injected into the mold in order to ensure uniform distribution of these materials throughout the container. Lisa TehUffs Lisa Perkins Municipal Contract Manager *C PrInted on Reryded Paper A FAMILY TRADITION OF GROWTH, SERVICE AND INNOVATION Page 391 of 600 Product information ...,N '., DOW DMDB-7950 NT 7 High Density Polyethylene Resin Injection molding Roll-out trash carts and other large parts Excellent impact strength,stress crack resistance and processability Very narrow molecular weight distribution Complies with U.S.FDA 21 CFR 177.1520(c)3.1a Consult the regulations for complete details. DOW DMD&-7350 NT 7 High other large parts with short characterlsVes of impact Density Polyethylene(HDPE) molding cycles. it Is produced via resistance,environmental stress Resin Is Intended for use in UNIPOI_Tm Process Technology crack resistance,stiffness,and Injection molding applications from Dow and has been designed low warpage,while maintaining such as roll-out trash carts and to meet the rigorous performance excellent moldability. Resin Proper bas Melt Inde , 190°Cf2.18 qgL10 man ASTM D 1238KK 5.75 open ?cm ASTM D 792 0 g4$ DSC Melfi Pdrrt,°F "C r, Daw Mebwd 28e130� uuuan - DSC _ ,#alllzadon Pa#n# •F f,°Cl Dow Method 244 118 Vicat SoRBnln Point-*F M) A3TriA D 95252G1 x127, Molded Plaque Prop ies I Hardness,Shore D ASTM D 2240 64"—, _ Flexural Modulus 2%Secar»., aJ ASTM D 790 8 14S 00019010} Tensile 5trentr at Bre, l lMPal ASTM D 838 _3ggp rte Tensile Stran th at Yield,tri(MP ASTM D 638 3e00 l ... Tensile Elongation at Brr3ak % ASTtui D 838 1200 Tensile El cation at Yield % ASTM D 638 8 Tensile irn =I S"'rgflr,ft Its]intt��k.!!rr►"} ASTM D 1822,Taw S 50 11051 Environmental 5#rasa Crack Resistance, ASTM D 1893 40 122°F,50 Gl,Fes,1009b l erali0his .. Brittleness Ten3ture °F °Cf ASTM D 748 a-1054-78 Deflection Temperature Under Load ASTM D 848 66 poi(0.45 MPi ,.°F J°C) 154(B8} (1) Typical values,not to be wnsbued as spealrmticna. u re ah nn resufts by their own babL (2) rdanos with AS7M x4970, 0 0) CL [I3 4V Printed on Recycled Paper -See'Handling Considerations°attached `Trademar�() Tha dow C�wmrcar Company PuMIWW 0=4 'Dow Plastics,a Iwsinew group of The taw Chemical Company and Its subsidiaries. Form No 305-02984A304X Page 392 of 600 Handling Considerations Material Safes Data(MSD)sheets for the THE DOW CHEMICAL COMPANY HAS NO This concern is the basis for our product are available de t w Nesfics,a CONTROL OVER THE MANAGEMENT Product Stewardship phllcsophy by business groufs of The Chern I PRACTICES PROC- rich assess the Ith and Pa and Its subsidiaries,to meld ESSES OF PARTIES HANDLING OR USING oanvIronmenal information on our customers further satisfy their own-rate THIS MATERIAL.TFIP WFORMATION products and take approtdhate steps to handling and disposal needs accl those PRESENTED HERE PERTAINS ONLY TO proted empk*wd public health, tfnat may be required by OSHA,Material THE PRODUCT AS SHIPPED IN ITS and our anAronment. Our Product Saftty Data sheets on CkAv products area INTENDED CONDITION AS DESCRIBED IN Stamimship program rests with each intended to Prey customers wfth MSDSSECTIONS 2(ComposMorVInmanation and every IndrriduW involved do Dow essential Intommflon on such topics as On Ingredients). FOR UNUSED • D products-frnrra ft Initial ooncept and Health lth acrd Worker Safety,Combustibility, UNCONTAMINATED PRODUCT,ttss research,to manuflookins,use,sale. and DlWsaf Consideradons,Such preferred options Include sending to a and disposel of such product, inforrnahon should be requested from the licensed,pormifted.recyckrr,reofahner, sup ll s�of any product(s)prior to Inclraer'atcr or other thermal destruction Customer Notice working isith It. Ar various additives and device,and landfill.These polymers have high Dow st encourages Its customers processing aids used In fabrication have heat values and should be Inafnerated only in to review both their manufacturing their ow safe use pre Ie,tWr possible unb designed to handie,high hosts of ases and thMr applications of low influence an haandiing and d1spoisal must be combustion, In landfill,these poWers are prodxtsfrom dao standpoint of human inveaflood separately. For' egulated° Inert,do rot degrade quickly,form ra strong health and envIvenmental quality to hellp uses,such as food confact yow Dow and permanent stall base,and evolve virtually, ensure products am not used sales representative can obtain corriNiancegases or Isechotm known to poRute water In ways for which fty am not Intended letters for specific resins. r ova or tested.DDw pF.osannef Will assist As a service to Its oustorrners,Dow can custrnners In deaft with ecologIcal Disposal provide names of information maouross to and product safety considerations.Dow Del NOT DUMP INTO ANY SEWERS,ON help Identify waste management companies product Ifteraluirs,Indutfing MSD sheets, THE GROUND,OR INTO ANY BODY F and other fEaciNfl soh rooyde,reprocess, should be consulted prior to use of Dow WATER,All disposal methods must be in or manage chemicals or plastics,and that products.Your Dow Pleatics salea ournpliarrm win all Federal, manage used drum&For more decal , rapreasnWlve can anange the proper State/proAncial,andlocal laws and contact The Dow Chemleal Company contacts,or write to Dow Plastics, reguisfions.Waste asrecf " a ns and Customer Information Geriter at 1-800-441- complia 9 1- rrapliaa apidlesisre laws e the 46690 In Mexico,set 96-800-4414359. Additional Iniftrmation responsibility set*of the waste generator, For mom Information In the UnKed Pinoduct Stewardship tattes or Canada, #1"0D-"1-43% The Ct Chemical Company fess m In ,cod _ 0 1. 369. fundamental corwarn for all who make, dishi ute,and use Its products,and for the environmant In vftch we Il NOTICE:No fteadom ftn infringement of any Patent owned by Dow or others Is to be inferivd.Smuse use co thorn and apiAlcouble I may idftr ftmone locaffion to another and may change With time,Customer is responsible for determining whether Icroducts and the Information in thls ducurnent am appropriate for Cuskvnees use and for ensuring that Customeis workplace and dispowd practioss are in compliance with applicable ims and other governmental enactmeants.Dow assumes no abligation or Nablllty for the Information In this dosument. NO WARRANnESGIVEN, ALL IMPLIED TIE P MERCHANTAINLITY OR FrTNESS FOR PAR'nCULAR PURPOSE ARE EXPRESSLY EXCLUDED. NOTICE-E- If products are described as" ens Ire or'develo ental: (1)product specificsfions may not be holly determined-,(2) am lysis of hazards and caidon In handling and use are required;and ( )thea Vs grealmr potential for Dow to change apeeffications ancUor discontiam production. NOTICE REGARDING MEMCAL APPLICATION RE T IDTiOr T"he Polyolefins business of The Dow Chemical Company does not amend ary Dow procluct or sample product for use: ( ) In any commercial or developmental apldicafion wfitchis intended for contact Wit hurnan Internal body fluids or body tissues,rxegmrd ess of the length of time Irnvin ,( )In any cardiac proathatir,device application,regardless of the length of time Involved,irrcCasdlrrg,wWthout limitaflon,pacemaker leads and deWcos,artifidal hearts,heart valves,Wra-aarbc Mloons and oonW systems,and ventricular bypass assisfad C s;(C)as a critical component in any medical device that supports or sustatna human lifer and(D)spectfically by pregnant women or in any applications designed specMesily to promote or Interfere wrlh human reproduction. Val The Dow Chemical Company,2040 Dow Cernes°,Midland,M1 48674 Dow Chemical Canada Inc.,1086 Modeland P.O.Box 1012,Sarnia,O ntarlo,171'7 7,Canada � Dow ulmk:a Mexicans,S.A.do .V.,Torre Optima -Mezzanine,Av.Passo de Las Palmas IVa.405, � Cal°Lornas ale Chapultepec,°I IWO Mexico,D.F.,Mexico i Dowpftsfts Paper We don succeelTJ ess at. Printed in LJ . . *T"rmdernark of The Dow Chernkat Comisany. Page 393 of 600 ' 1 k, 4 I ExxonMobll- HD 6605 Chemical Injection Mof i MaterW Description Typical Applications ED 6605 is a narrow molecular weight hexene copolymer designed for a carts wide range of injection moldlug mold' applications,offering excellent ESCR with Recreational vehicle components good sdMess-toughness balance. ideally suited for articles requiring rugged Industrial closures physical performance in cold temperature environments. Automotive components FID 6605.70 with standard processing antioxidants RD 6605.29 with TJV-R nmtection nackaea Resin lrD a les Test Based On= Units Typical value' Melt Index ASTM is-1238 gt1 O min, 5 (190°C,2.16 kg) Density ASTM 883 gloms 0.948 - Melting Point ExxonMobil Method ®C(°F) 130(266) Molded rties2 Flexural Modulus ASTM 0-790 MPa(psi) 710(102,400) 1%Secant Procedure Tensile Yield Stress -- ASTM D-638 MPS(psi) 21.2(3060) Tensile Break Elongation ASTM D-638 % 70 Tensile Impact @•40®C ASTM D-1822 kJ1m2(ft-loin) 325(155) Notched Izod Impact 40°C ASTM D-256 Jlm(ft-IbAn) 70.5(l.32) Brittleness Temperature ASTM D-746 ®C(°F) r 70(C-94) Environmental Stress Crack ASTM D-1693 hr 18 Resistance,Fso Conal.B, 10% Deflection Temperature @ 66 psi ASTM D-US OC:('F) 67(152) @ 264 psi 38(101) 1. Values given are typical and should not be interpreted as specification, Values may change vAth future grade development. 2. Propertles ars based on Injection molded samples. 3. ASTM test procedures may be modified to accommodate operating conditions or facility Imitations. Food Packaging Grades have FDA compliance. Restrictions may apply, contact your ExxonMobll representative for more detaiis. September 2601 02001 EanwnMo f.To the extent the user is entNled to disclose and distribute this Ocumerd,The user mayforward,distribute,andfor p' photocopy this copyrighted docurnanit only ff unaltered and complete,Including air of Its headers,footens,dkdatmers,and abhor Inn on. You may not copy this document to a Web site.The Information In utak document relates only to the named product or maberWa when not i9 combination with anyodrer product or materials.We based the Irdormation an data bogeyed to be tellable on the date c ommed,but we do Ic not represent,warrant,or otherwise gua exp g�jrepl Miry,fitness fora particular purpose,suffaallp, aocurasy,tePiabldty,or completeness of this Irtfarmatlon rN the ,mated or processes described. The user is coPaiy responsible for all determinations regarding any use of material or prodcroi and any process In Its territories of internal. We expressly dlcclaim Ilawity for any los,damage,or injury directly or Indirectly suffered or incurred as a result or or tainted to anyorw using or relying on any of the information in this document.There is no warranty against paten)kh5ingemeM nor any endorsement of any product or process,and we expressly dlsdaim any contrary Implication. The Boma,"we",'our",'ExxonM obit Chemkcel",or"ExxonMobll®ere used for oonvenlence,and may include any one or more of ExxonMobll Chemicaal Company,Exm Akbil Corporation,or any Minton they directly or Indirectly steward. Page 394 of 600 The DOW Chemlml Company Midland, W 4867p�4. U�nom$.�"^i. October 6, 2006 To whom it may concern: This letter is to certify that o he lei Company supplies 100% prime HDPE resin (product code - 5 ) made to our production specifications. This includes ro ri to levels of primary and secondarynt` i ants. - 5th is used by Rehrig PacificCompany in the manufacture of roll-out carts. If you have any further quetion , please do not hesitate to contact me. Sincerely, James alley Account Executive Polyolefins I to rBusiness Group Mailing 710 E. 7th St. Long Beach, CA 90803 562/986-7925 - Phone d - Fax 645040 »J Page 395 of 600 -.. :,'�srvtvt,rltf s l�jl v�Sq? •t�n'��1`-3�t�3 ��t f G� �v,'l'EIl'"'1 ' „ ,s$(s`i7 t\ttt,nzsi,}rtt „ 7; i`v�} r,,v ,2 Edi 77 � v t Cede ROD ROC%Y3 custamwn il ds to T �P 2 1 F€maY 14080 m i FSA 9 1 7 4 3@33 16.06 6 'ew,Mwow iftOota, L solo { 13-1119 seB.taaraa 2013 10,000'+' f Chadeffum.SC 20M £ -7973 2c11 �� 8 .......,_ ., .. _.��� Chyof uton, ''9 5 Ave f Loper _. Poll �..®...� m...� s 1 X011 NRMwJopsr@ApplvW,.n...� ,,.. wf, ,.....:,, 2YI13 7603 Dadmi jCRY d Affarft,GA � 5 Tor v sue&,4V. 48M } 399 Ads*e GA UM bgtqngt arc DW t 9L 9115 E. 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[ rors 1E 2.14 Page 397 of 600 ` cox 1a a4o, Content hbrilmom ROC cue ar Roes In I wry Since.. 1 46f7 "Pftmet smadnmyCRY of j k NOi s NC" 5 7t1 au2WO 20,000 "s IE 127044?Paolo, MOD � �� d8y da, redo ?' 'S '8 .{! ' s, 65'8 ratrao Whip z Nom" 121 as 10 l00 dam, E ?ra _ 50, , Snaffle, e, 08124 z r # �s� 78 ofT Sin 60, ta413} _... ._ ,,,.�,,,... .. .... qty o1 St Ch id,FL ( Way o anim,S, 6 I now,fL 347 `{407)957-7267 ,, 14,o I Tomasaf y of � 1 1 gataza sale asmage,ON LUT ZJ3 1007 4W:0m aAd&card Of Citiadockmi ( )6704937 1 4 k9 Ts .c O, d 3d+'o Lane 27m00P 948 y t sK 9 }. 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Ka... M € m i0 n - Lp 8 13x, X5'0 ( d a N4 ,FL tl 19 2010 6, S !...,....... ............._ I x nom" t 2W4 Page 398 of 600 customer Address rev 's in since s. iSQ 3840 NN-37th Couit Dave ems" UnipmManded Ormard Cam*FL MbRt,FL 5314 (9&)SM-9300 010 Nagressive Wage 4 IN NCMWMM Induddal C4 Ken Lay Ovidpy 321-21 2 f1 dtk;OW � tran,MO� 4 9 rfY.9 rseei €ea { r t �n cf Hunfftigton Beach f27e044 17121 NI a J Moffat on eke ROnbow Uwcasl Hund 92547 14)947 9 7 z C9ty of Hun&ng f 55,7, 38'e Leah Sembrwk f Alvin Me e I' -m ,Caea 1 k 7 1 97 ii ebrn n�. 29 95 35s 784.417=7144 uMnrna@xovdmonaw F ar,NY x.1042 NowtFawat Imans L'8€Awl 34,000 We NY 14221 71"31-7119 2007 2, � Y aCT NX 4,"B3 W Amnue _ Bowl R&Mea w JDs WwNiftg 2006 27OSs NY 14217 716-095-1800 3,0w s.5'e i.. _ _ ........ ... . ..... ......... 'ram of West Samm,my 120 LWonRoad j3hela eloagan,T rmfesr 2098 (738)674 4 17, `e 0be40 11 CwKbrai �� .�... .,,e 4 u, `MY OTO - If 4M C. aNP P6m4PAi.�fSm 464 Page 399 of 600 n . o M CRT LABORATORIES, LVC Lcs� _51m "1, p W 944" omdm Taft t ro ro 41 3W and dped CRT CRT OrAerZnftlAg Date; OCIPM" Sumpla, oROC-OU.T12746v 4104,(bl&M TXST h + .a ®'. + k rog . ® r Rx5mTsm !!2X 1 II0 It clb Page 400 of 600 TESTING REPORT 7 SUBJECT. 'hwific 65 pling Umverw' TEST: SLOPE UJW TEST . Thig tMt chocka dw staflo stabViLyslope (5 )x STANDARD: ANSI Z245.30-1999 wtablishes TEST PROMURE(Maeft the mquininnents of ANSI Z245.30-1999)- PrOPM a awV with a slopef5 dogrm. The ramp mwt be of wfficiont g1w bit a cart an be vra,e 2. Thav is to be no wiad. 3. Mcffa an empty cast onto the ramp and anent 1he cart with the front of me cart lho ing up tim rump. NoW a"ripping or movement Turn ffie oi�t so that dw fixxt of die cwt is faciing sidvmYN on thO ramp. Note MY fiPping Or movemm TOM tk cart so that the liner of Me cart is ficing down the ramp. Note any**g Dram. 4. Repeat step two with the cwt loa&d to the standard loading as apecilled in*a ANSI sftwdard ( ,5 Pounds Per gallon of rated capacity). 1hof ] capanity of the Cam Ddeafim AMA Empty ( i ) Stable Front facing downward Stable . ) facingFront facing oWwao(rigk) stable Front Eroat Wag dnamward Stable 45.30- Z245-60-1999 standards sime non-arwament in dwm an is met sr finom Young Univasity 265 CUD,Pwv%UT 94602 0, }s U ANsi p2 Page 401 of 600 TR'LPaSTTNG REPORT D 7 March 2002 SUBJECT: Trash carts PRODUCT IDENTIFICATION. Rebrig Pacific 65 Gallon ljrivcngj Carl ST: DURABILITY DURINGIN TEST D O : This lest detemines whedw the can's handles,wheels' and axleswill withstand the repeated pulling forces experienced during nonnal I 0-y=usehl life. MR4AfLJM PERFORMANCE ST The ANSI stan6ard Z245.30 requim that after testing the handles,wheels,axles,their attachments to the container,and the container itselfmust remain fimetional. ANSI 45.60 establishes dim al requh=ents for the cmt TEST s the rquiranents of ANSI Z245.30): 1. The can is loaded with inert material at 3.5 pounds per gallon according to the rated size ofthe container. 71C loading material is to occupy at least 70%of the vol=e of the 2. Usinge cart's h les,the loaded is pull f a b. a hea to 5.5 ° inches, 7be cart is then repositioned at the top of the emb. Tle tog is,rqmted for 520 cyrJes(drops). . Us' 's handles, an unloaded(empty)effil is pulled up a curb. The curb bei&to be 5.5 inches. Tbe cart is repositioned at ft bottom of the curb. The lest is repeated 520 Cycles ). 4. The carts am set down onto a concrete surface. 5. The temperature to be normal MOM t (73 degrees F). ST t Push off offull c (250 pounds) No significant damage l up of empty cart No significant damage SUMMARY. 7be carl passed the ANSI Z245.30 and Z245.60 standards for nififtum peribrmam. A.wint sum Professor, ofactming En&eezing Tech Brighom Young °v 265 CTB Pmve,UT 84602 ' h c �th n 65U ANSI p3 Page 402 of 600 TESTING REPORT DATE: I November 2007 SUBJECT: Trash carts PRODUCT MENTEFICATTOM Rehug Pacific,65 gallon Universal Cart ': LOADING AND UNLOADING(CYCLE TEM—SEM-AUTOMATED overallTEST DESCRIMON.- The loading and unloading rest is designed to approafinam the useful Life ofa cart(10 years)in the actuid Ufft dot is peribnood when em$ft the cari into a semi design(such as the Ed fir, material and hinge mechanism,v&wl assembly mreqgth, . )and overall durability NMVEAUM PWORMANCE STANDARD. ANSI standard Z245.30-1999 testing the can should not saft any damage or parnment deformatim such that it cannot be safely used in nomal aperadorr ANSI Z-243,60-1999 oftbliabes diraensional requirements for the cart. TEST 4 5, cycle.I. The test is conducted at room tutoperature. which allaws the cart to be emptied and then ramailed on cwh 3. The cycle firne is greater then eight x=nds,as required in tho staadanL a The cart is loaded with inart material at 15 pounds per gallon of the conteiner. The loading material is to occupy at least 700/a of the volume of&e cart. 5. The cart is positioned in front ofthe lifting reechemsox and is then engaged by the fifwr emptyand lified to held awtionary as it is reloaded by tipping the bin to allow the weights to re,ewar the carL 6. hmpections are me&whenever any change is noticed and after every 100 fift 7. Failme is judged to be craeks,holes or offier hxhwW defects or defimmations in the end that would prevent the carrs use as a trwh cot and be emptied by the sutamated method- TEST ® gar a... 5 SLIAMARY: I Z24530-1999 ssor.Marmlictuting Engineering Tech 5 CTB Prove, UT$4602 65U ANSI 4 Page 403 of 600 TESTING REPORT DATE: I Noveraber 2007 SUBJECT, Trash mum a TEST. LOADING AND UNLOADING(CYCLE TEST)—AUTOMATED TEST DESCRIPTION: the lo&Sng and Wgueding best is dwignrd to qpWzInuea the usdd life of a cart(10 years)in i MINDAUM PERFOPMANCE STANDARD. ANSI standard Z245.3oiggg rupires thm after tesfing the ext should not suflW my d=W or p„a;,,#, safely used in ncrmal opandion. ANSI Z-245.60-1999 me CWL TEST PROCEDURE O&cb the requirenwilb ofANSI Z245.30-1999): I Me test is conducud at room . , s ° 1 with all wmechanism which allorm the cut to be amptied and then rejunded On mh eye 3® The cycle timi Pubw dw d&smnA as required in the standard. 4TIM Call is With 3.5 Pounds per gaRM M=ft to the raWd W= of the conlainer. 11c loading material is to Occupy at least 70%of dw eon the mt 5Me cad is positioned in front of the filing meohaoiuh 8M is gres engaged by Ihe lifter and lifted to efoM the cart fixto a bin. The cM is ad domm onto a a . held dationary as ° ' ghts . s use as a trwh cat and be emptied by the natomted MeV TEST RESULTS: YAC-8 M 520 No dguilicant dianap SUMMARY. TIM)cut Passed the ANSI Z245.30-1999 -1 e i Brigham Young University 265 C"M Provo,UT$4602 9 .5U d l-- Page 404 of 600 TESnNG REPORT DATE. I November 2007 9UBJECU Trash carts TEST: CENTER OF BALANCE POSMON confaiiart at the . . an. M W&aff"the caw of opecsdon of the cart. AllbM&�PERFORMANCE STANDARD: According to the ANSI Xtandurd Z24530-1999, position,when,in the center-of-lidance, minimam.Wit is to be 40 inches when In the center- -balance position. qg d Z245. �Sd 60-1999 cgWb1k&es dimensional retidrements for the carL TEST PROCEDURE(Meets the mquiremeras of ANSI Z245-30-1999). . The catt is loWW with a slandard I .5 load owupying at I I slowly,2. ne test to be conducterl on a head,fig sorhot I Black the Wheals so that the cart will not roll. 4. Tip rotating the cart on the wheels,to the cc.*r balance poddom Thu; . .• position poai wn is balanced(neutral)posidon,not tipping forward or backwan]. 5Whw in the center Wance position,place hWIm under the Wnt&MCr tD 1110utalu,M Wanced position. the cot The amimey of mosseunnent is tD be 0.25 ' ncNm 7. RepW stepR 4,5 and 6 and then averap the vnults for the thm dotanninsfions. TEST RESULTS: The results are: Average-33.5 inches SUMWAP-Y- The cast passed the ANSI Z245,30-1999 and Z245 _I . t� professor, 265 CTJ3 Pwvo,UT 84602 65U ANSI 6 Page 405 of 600 TESTING REPORT DATE: I November 7 SUBJEC7 Trash camTEST: FORCE TO TV balance point and to ensure dw the force is not greaff dM an 0SWbligled limit This relates to the eme of Operation of the cart Z245.30-1999, not exceed 120 Pounds to=, ANSI Z-24S-60-1999 establigm dimendecal r&phomaotc for the OWL TEST PROCEDURE(Meeft lho requinesracts } The can i . capachy. The load to accupy at low 700/a of the capWity of the earL) 4. A I wale or offier force-racesuring device is aftachad to the handle of&e cad. (Ife less d=±3VL) The cart is then tippedby falling On the fiaxe-Mcasuft device,unfil the can;is in the balaneed position The all adm (MW � ` t tend to move oidw lerwwd or bwkw&,Fd but 'nom,n a balanced positicz) The maximunr force during the pull is nge&S. Repeat WW 4 so tbat flum deremensums,6. 110 Win iS W be conducted At rwm , t u . follows.Thclipping forms w=as SUMMARY- 7U CWt Passed the ANSI 430-1999 and Z245.60-1999 the minimurn requirement. Brigham Young UxdvcMty 265 CM Prove.UT 84602 e 'f f 65 U ANq:C Page 406 of 600 TESTING REPORT DATE: I November 2007 SUWEC17: Trash caft PRODUCT .Relaig Pacific 65 gallon Univamal Cart TEST- LID TKW " ll sustain the weight of an avemp witainer. AccordingWNARW PERFORMANCE STANDARD. . cart must withstwd a load of 90 pounils without coftsitig or Wowing the Imiding weight to M into the container. ANSI Z-2450-1999 establishes dimeWonal nquiraments TEST I Z245.30-1 I. The cart is phmvd on a smooth,I I,hori=ntd mrface. weight of 80 pounds with a mwflice area diameter round of 9 indbes is phoW on the lid of the can. 4 3. The tut is to be conducted at room . TEST RESULTS: The lid did not oollapa or i the - `, ,ments as specified Z245,30-1999 Z245.60-1999. rent two Professor.Wam0whiring Enoneedug Tech Brigham Young Univergw 265 CTB Provo,UT 84602 0 65U A BI -8 Page 407 of 600 K us.vwonq company bm REPORT ; 7 DATE: PAGE 10 off' 1CUENT, REHRIG PACIFIC mAW-MMIL911 EMO—it Uj Freight of lowest point of LLAE(upper adachment 33 iindi 32 AS kwA as vein the ground. Shortest d® bottomsub of' 1 indms upper aftedurmni mF aid top surface of bottominch U. attachmwt detail, d Distance beh~ bottom of UAB and bottom of 7 Inches No Protrusion Zone"ster. UsWce betoew outer surface of UAB and outer Inches I kich surface f container No Protrusion Zone, Vertical hel ht of BE cmss-ewilen. has h EWstance between rear verded planef upper Min I Imb 2 inches attachment int and contaimar surface. Max 2 Inches Distance between rear vertical plans of inch attach.memtt(bar)and container surface, Max°t inches ENstance bahveen front plane of UAE and frant Min Inch 2 M Inches plene,of BE(also known as"draftl. iWd1h of upper stlechumt point, Min a inches Inches W31,anoe between front Piano Of BE and outer inch container Oenrance between top of kwer atiadiment point Min 1?A Inches inches rewss area and top of BEue iminus M Ufferenceattachment v4dih and Max 6 inchea &A Inahes Imer aflachment dth. - y Page 408 of 600 } SW UA Touting C0WPWW Inm REPORT NUMBER, 72040-2. DATE:02J13/97 PAGE 11 OF 11 CUENT. REHRIG PACIFIC LU A 3 section height' i ht;where the liffing device is Min15 inches 1 Infts connected, masuredfrom just above the lop of t the top socfion of the container. LL B l dhmnsfon of the vertical lin ion Max 35 h p 0 whose mansumd as the dlemotw&1he s"Ielfdr,11le On 20 Inches dreurnference will andose the n wntainer, axcluft protrusionsu frames, handles,wheels, etcL 999 d of Repod 0. Uj t tir. 65U AN51�--10 Page 409 of 600 DATE- 27 March 2014 SUBJECT: Trash carts PRODUCT IDENTWICATION:Rehrig Pacific 65 on cart TEST: WIND STABILffY TEST DESCRIPTION-, 'This t is a rucas of the stability of the cart in a high wind.Although not specifically tied to the basic purpose of the cart,irmst consumers would object to a cart that often tipped over and spilled the on t& MINRAUM PERFORMA114CE STANDARD, For t1us particular bid,35 mph was set as the minimurn wind velocity to tip in any of the three directions,and 25 mph for lid tip. TEST PROCEDURE: I A large vdnd machine with as 54 inch diameter exit opening is used for the test, The wind was supplied by a Gates Super HC drive. I Position the call 48 inches from the end of the exit opening. (Beyond stagnarA air zone.) I The bottom of the cart is to be level with the it opening and is to rest on a concrete surface that has a mirface texture,similar to a roadway. 4 The bottom of the cart is placed agaitist the top half of a I"wood dowel,The bottom half is wedged into the test foundation which the cart wheels rest on,with the dowel's IWgh parallel to the ground surface,so that the slight Y2"protrusion of the dowel holds back the cart edges and/or wheels to prevent the cart fmm rolling or sliding. 5. The wind velocity is raised until the cart starts to move. This wind speed is measured using a certified anemometer.The anemometer is moved along the windward edges of the caft to find the position wM the highest wind velocity, 6. Measure the air velocity to tip the cart,at the position with the highest velocity, 7. Test cad three times each in each of the the orientations toward the wind tuntrel opening— rt,side and back. TESTRESULTS: Orientation Tawatds Wind Tunnel ................. Test. Front Side B I ack 06 H Wind speed to Avg=42.8 mph Avg=39.7 mph Avg=40..6 mph tip the cart 21-,st I =42.8 Test 1 =39.9 Test 1 =35,7 Test 2=43.0 Test 2 =39.4 Test 2 43.0 Test 3 —4Z 7 Test 3—399 Test 3 =43.2 SLIIMARY.-This cwt pmes both the cart and h&tipping reqairanents for this bid.In the front-facing position,the cart's lid flipped over and pulled the cwt down at the above listed spoeds.At side,aid back- ori entatfons,no lid-flipping was seen before the cut tipped. Appendl;i 1,Test setup and wind speed profile by position. —ItndCre ,,�Georgga Assistant Professor,Manufacturing Engineering Technology Brigham Young University 265 CT13,Provo,UI'84602 Page 410 of 600 UA.T & REPORT NUMBER: 1 DATE:02113107 r PAGE 3 OF 11 CLIENT: EHR)G PACIFIC COMPANY Procedure An subrnitted,ern*95-gallon universal container was placo inside a tank. The tank and contakw simultaneously filled with waler and fhe volume of waW flowing into the ccntalner was measured. Testing was performed on November 25, 1 . r The accuracy of measurement must 1 percent of the measured of the co 1 gallons). 01 SB 1 The measured volumetric capachy of the submitted 96-gallon conlainer was 95.0 gallons, 0.1 The measured volurnetric capedty of the subrrilfted 95-gallon ntal lid g s 6.7 gallons. c1 !an® The su universal container met the Appoidix A, volurneiric loading capacity requirements of than referenced ANSI Z245,3D Standard. CA 95D ANSI I Page 411 of 600 TESTING REPORT DAM: I November 200 PRODUCT IDM4MCATION Refing Pardfic 95 pflon Umversal` TEST. SLOPE STA13H= MMT DESCRIP110M This tost chocks the a we stability of an empty and loaded can ona defted slope (5 MINIMUM PERFORMANCE STANDARD. ANSI 530-I wrthout2245,60-1999 requirements TEST PROCEDURE(Meeft the reqcimments of I' 5.30- L Prepwa s rump with a slope of 5 degrees. nm ramp mug be of nifficicat moved OnW m tho cart 2. e no 3. Mo"an eMM cart or&D the ramp and orient dw cad with the Bad of the cait hobj;up ft mmp. Kok my Oppins or movement Turn the cort so dud the fixwt afthe cwt is ftigg skkwqB on the ramp. Not-any tipping or movemmt T�=the cat so 6W the ftnt of dw cad a 6=g darm the ramp. Ncto any Upping or movemaj JOHM W the standard loaft as apecified in the ANSI suindard e5 powmis per g0lon of rated mpad�y) The loading material is to ocmff at lad,70%oftba camcity of the Mt TESTRESULTS: EmM sffi (rW) Stable sy (kn) stable Front faciag downwwd Stable FMW( 332.5 Front%aing s (right) Front Acimg Front m sideways(kft) Stable SUMMARY: ng downward Stable IU amt powd the ANSI Z245.3 0-1999 and Z245.60-1999s in dree oil is nWL "gag TOCA 255 CTB,Prov%UT 94602 1 W ANSI 2 Page 412 of 600 IF17WING REPORT DATE: 7 Much 2002 SUBJECT: Trash carts PROW&1DE]TMCA'n0N: Relvig Pacific 95 Gallon sal Cial TEST: DURABILITY DURING PULILJNG(CURB TESI) TEST DESCRUMON: JWa lea deet es wheffier the cart's hanffles,wheels, wd axles will withstand the repeated pulfilng foym aperienced during zormal I 0-yw useful life. MDUMUM PERFORMANCE STANDARD: The ANSI standard Z245.30 requirw awl after tesftg the handl m wheels,axles,Their attacinnanig to the container,and the contam itself must remain functional. ANSI Z245.60 establishes dimensional reqWmments for the cut, TEST PROCEDURE(Meets the reipintments of ANSI Z24530): 1. The cart is loaded with in mat er'al at 3.5 pounds per gal lost according to the rated size of container. The loading material is to occupy at lam 70%of the volume of the cwt 2. Using the cart's handles,The loaded can in pulled offs curb. The curb bedght to be 5.5 hwhes. The cot is then repositioned at The lop of the curb. The led is Topeated for s20 cycles(drop). 3. Uft the cmi's hsndlunload ed(unqq)cwt is pulled up a cwb. The curb hei*g to be 5.5 inches. 7he cart is Mositioned at the bcn=of the curb. The test'is repeated 520 Cycles(lifts). 4. The ciuis=set down onto a concrete surfam 5. The temperature to be fionnal rown temperatum(73 dcVm P). TEST RESULTS: 10 fMOW2U R091 Push off offull cal(350 pounds) No significant damage Pun up Of campty cut No significant damage SUMMARY: The eml passed the ANSI 2.245,30 and 7.245.60 stmx1ards for minimum A.Brant'Strong Professor,ManufaMwing Emgineeriug Tech BnSham Young University 265 L731 Provo,UT 84602 95U ANSI 3 Page 413 of 600 TLEA-dSTING REPORT DATE: I Novemba 2007 SUBJECT: Tbmh carts PRODUCT IDENTIFICATION Rebng Pwffic 95 gallon Umvend Cmt TEST: LOADING AND UNLOADING(CYCLE TEST)—SnU-AUTOMATED TEST DESCRUMOM The kofing and udoading tW is designed to approxinuft the usdw life of a cat(10 yem-s)in the actual lifting that is pvrRxmed when emptying dw cart into a semi- auumuod truck. This ust is usefid in asessing the ov=R design(such as the lid fit handle material.and hinge mechanism,Wheel assembly Wength,etc)and overall durabilily. AMHAUM PERFORMANCE STANDARD: ANSI sumdard 2245.30-1999 requires that after testing the cmt should not suffer&my damp or pentument defb=abon such tW it of be seMy used in normal oparefim ANSI Z,245.60-1999 establishes&nensicmal requirements for the cat TEST PROCEDURE(Meets the requirmnents of S1 Z245.30-1999): 1, The test is conducted at room t=perature. 2. A standard ARE scmi-auWmatcd liffing mechanism is used. This lifter is compatible with all cunvnfly used carm Ilm,lifting mechanism is athwhed to a stationaty fime which allows the cart to be emptied and d=reloaded on each cycle. 3. The cycle thne is greater than eight seconds,as requhcd in the standard. 4. T&cad is loaded with mart nudwal at 3.5 pounds per gallon acxordmg to the rated sme of container. The loading material is to occupy at least 70%offfie volume of the cart. 5. The cart is positioned in fivat of lifting mechanism and is then engaged by the fifter and lifted to empty the cart into a bin, The cart is not down onto a concrete surface and is hold staflonary as it is reloaded by tipping the bin to allow the weights to re-mter the cwt 6. Inspections am made Whenever any change is noticed and dkw every 100 lift. 7. Fafte is judged to be cracks,holes or odwr fixluced defects or deftmtions in the cad that would prevent the cares use as a trash cart and be emptied by the watomoed xnatho& TEST RESULTS: Cycles Qmgwo on R;ffppR@= 520 No sipificant damage SUMMARY- The cart passed the ANSI Z245.30-1999 and Z245.60-1999 standazds for LA k M., r z t—it st'rong Profissor,Manuhteftzring Engineering T=h B*km Young University 265 CrB Pro�UT 94602 T, rF 95U ANSI 4 Page 414 of 600 TESTINGREPORT DATE. f N0V=bW 2007 TEST. life Of tis aittomiftd hm& This test is usefW in asmsing the overall design(such as the lid ft handle" U"UMP ` a ANSIdandard Z245.30-1999 Nkly used in " - dle cat . - 1. The test is .ti„ mom 4 UN& This " W'*all CWx9y UWd w Much affows the cw to be em;kied and dien rdoaded on each cycle. " W m is Vatw flm eight seconds,as required in the staudar&4. The cart is 5 pounds per gafica amrding to the rated size m f . 11M cmt is positioned in ftnt of the MW modmulam wd is then emgaged by the lffwr and fifind to empty the cad imto a bin. 11w cut is set down orlo a wncrcft=I=and is 6. hold sMonary as it is n to allow the i . . er p - nduoW defeds or deftnations in the cwt MST RP.STJL'M: 520 Nb significunt damage SUMMARY. The OWPHS60d the ANSI 1999 and Z245.W19.99 mandsr&for " rDM 4 trang Profewori Brigham Young Uldvexsity 265 MB Provo,UT 84,6D2 95U ANSI 5 Page 415 of 600 TESTING REPORT DATE: I November 2007 PRODUCT IDENTIFICATION: m 5 TEST: FORCE TO TIP TEST DESCRIPTION. To meumne the stratigth required to stot contsiner movemmt to the balance point and to ensure dW the force is not greater 1han,an estab16ed limit relates to the esse of opetwtion of&a cart UM PERFORMANCE STANDARD: According to ANSI Z245.30-1999, not exmd 120 pounds force. ANSIZ-245.60-1999 establinhes dimensional aquiremarrm for the cart TEST PROCE)URE(Meets 1he requirements of ANSI 5. - )g 1. The cmtis to be Icaded wifiraslandard load. (395 pounds ofmatezial per gallon afrated capacity. The load to a ocupy at last ) ® 10 slope. 3. The aut is to be blocked to prevent movernent of the wheels. 4. device is stwelmd to the handle of the cart. (Me deviceoft .) Vz cart is dm tipped by pulling on&e force-measuring device,undl the cwt s in the balmmod position. angle ofpull,dwt i%the tWing force direction,is to be horizontal aH . `tion where the cart does not tend to move either finward or backward but remaim in ) The maximum force during the pull is noted- 5. Repeat stop 4 so that thmo&-tnminafions are masle. These remgu we averagrA 6. The test M1 to be conducted at room temperahm TEST RESULTS: 71w tipping fowes waa,as f 50 pounds. SUAWARY.- no cad passed the ANSI 45531-1 Z245.60-1999 s at or above the t A-Mr4enhxw�g = Brigham Young University 265 CTB Provo,UT 84602 rt,: t ANSI 6 Page 416 of 600 FrF,STING REPORT DATE. I November 7 TEST- CENTER TEST DFSCRIPIION: To p jhjs hd&affects the am of opaWon AENMM PERFORMANCE STANDARD: Accordiug to the ANSI standard 4.5.30- Wfim in the center-of-balam position,the minimum height is ta be 29 fixhw. 7be maximum W&is to be4O hwhes when in the omftr-of-bslame posffion. ANSI 4m rapimments for the cfut .3 1. no cart is loaded with a shnJud log (3.5 pounds per p1lon o''imW capadty with the load o0cupying at least 70%of da:capacity)or vAth ffie maxim=rated loa& 3, Block the wheels so that f1ss mn wiH not roll. 4. Ti �robtfing the cad on the whoels,to the cmor Wance position. This position is detomined as the position where fim cart has a tendency to,remain in a w VAm' the cemer Wmce Posifion,plaw blocks under fic container to maintain in 6. Maum the dbtance verficZy fiom the Vmmd plane to the center line of the handle of i p 7 4,5 and 6 and dwn avezW the resubs for the thtm dewminadons. The results are: Average-39.0 inches: SUMMARY' Tbe cart pawed the ANSI Z245.30-1999 and Z245.60-1999 &&=ftg Tech 265 CrR Provo,UT 84602 95U AOSI 7 Page 417 of 600 TESTING REPORT DAJE: 1 November 2007 SUBJE C7: h hsh carts PRODUCT 1 w Rebrig Pacific 95 gallon TESTDESCRUMON. To&-wunine if a wnW=lid wW sustain the weight of an average child(hpproximdely 80 pounds)without collVoing into the cotbi= MINIMUM PERFORMANCE STANDARD: According to ANSI 1999 the lid of the mft must withsbmW a 1 oad of 80 pounds wiftut coll4psing or allowing ft kefing wdgk to fall into the contah= 1 5.60-1dimensionul xequkatnents for the=L TESTrequJaments of ANSI Z245.30-1999): 1, The cart is p1doW on a amoodi,level, W 11 of t&ont F Tbetest" t room temperature. TESTRESULTSd Rd did not cWlspe or excenively dc&ct dw' SUMMARY: Thr,ent passed the test at or dvve midmum requirements as specified in Z245.30-1999 and Z5.60- 9 . 'Mamduhmng Eqgkftring Tech Ehigham Young University 265 CTB Provo,UT 94602 I 1 I 95U ANSI 8 Page 418 of 600 SGS UAL TeWra Company Ing. REPORT NUMBER, -1 DATE: PAGE 10 OF 11 CUENT- REHRIG PACAFIC COMPANY VWSLUMA71MA—TABL" s Height oflest point of UAE(upper hr° s t 33inchtHinch 33 Inches rte the ground. Shortest distance bottom surface of 16 irichas ° I'rr i s upper rpt detall arW top surface of bottom inck-%frich LL attachment detail, d Disler=behwen bottom of UAE and bofforn of 7 taches 714 inches No Protrusion Zone w p"a Distance between r surface of UAE and outer inches inches ss of container No Pm1ru3fon Zone. f Horizontal wkfth of BE cross-sectfon. Max 1 inches 1 "as CL Vert' height of BE aws-seeflon, Inches 1 inches Distancecc t r ver9cal plans of upper, Min 1inch %Inches attachment int and container stafaos. Max 2Ys laches Distance sr verfleW plans of lower Min K Inch 1 Inches affaclimerif pit r and container surface. Max 1 Inches Distance front plane of UAE and front Inches ,plane of BE(also known as"d W)$ Width of upper attachment point. Min 8 Inches 1 inches M Width of lower attachment point Min 5 inches Wiches Distance front plans f BE arxi out inch munch container surface. PClearm,ce between top attachment point Min 17AInches inches recess ares and top of BE, rffln s rn Differanoe between upper Affachmerftwidth and Max 8 hches 574 Inches 6 lower attachment s dth4 95U ANSI Page 419 of 600 gas U.U.T REPORT NUMBER: 720489-1 DATE:02JIW97 PAGE 11 OF 1i CLIENT, REHRIG PACIFIC COMPANY .1M�_ I;.11 E l* I A Vertical ction height, ere the riffing device is Min 15 Inches 15 Inches conneclec, measured from just above the top of the eels to the top section of the container. LL BHorizontal dimension of the vertical Offing secfion Max 35 inches 2 %inches measured as the diameter of the smallest ckde Min 20 inches ase circumference I! enclose the entire container, excluding proiftalons suchas frames, handles,wheels,etc. End of Report CL I f 95U ANSI10 Page 420 of 600 TESnNG REPORT DATE: 9 January 2402 SUBJECT: Trash carts PRODUCT IDENTIFICATION;Rehrig Pacific 95 Gallon Universal Cart®blow molded wheels TESD`. WIND TUNNEL TEST DESCRIPTION: This test is a treasure ofthe stability of the cart in a high wind. Although not specifically tied to the basic purpose ofthe carts most consumerswould object to a cart that often tipped over and spilled the contents. MINIMUM P standard has been set although some local standards may exist. TEST P . I A large wind tunnel with a 54 inch diameter exit opening is used for the test, The wind was supplied,by a Gates Super HC drive with capability to achieve various velocities. . Position the CRA in the study wind streamzone. (Approx.48 inches from the opening. 1 The bottorn Ofthe can is 10 bo level with the exit opening and is to rest on a concrete surface that has a surface texture similar to o roadway, 4. Test can in three orientations toward the wind tunnel opening — ftont,side and back, each orientation,the cart should e tested against a barrier to simulate performance against a street curb. The harrier should prevent the cart from sliding. 6. Measure t e air velocity at the leading surface ofthe carl using a i vols . Placement of e volometer in fret of the cart and o few inches dovm from the lop of the can is ideal. 2. The wind velocity is raisedin increments with sufficient time between changes to monitor whetherthe can is stable. The highest wind velocity achieved s recorded, 81 The cans are blocked against a banier that is placed behindthe wheel& The point of non- stability(end point)is when the cart tipped over.The wind speed is taken e average of at least 3 repelition& 9. Modifications in cart characteristics 01 positioningmay also be tested and noted. ' ; Orientation Towards int Tunnel Front Side Back Highest Stable Wind 46 mph 53 mph 52 mph � 1 ' Ntins fer,Manufacturing Engineering Technology zi a Young University,Provo,UT 84602 5U ANSI 11 Page 421 of 600 77/20/2017 E(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER SullivanCurtisMonroe Insurance Services NAME: 550 South Hope Street, PHONE FAX Suite 1000 A/C No Ext: 213-233-0400 A/C No: 213-892-1593 E-MAIL Los Angeles, CA 90071 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# www.SullivanCurtisMonroe.com License#OE83670 INSURERA: Travelers Property Casualty Company of America 25674 INSURED INSURER B: Trumbull Insurance Company 27120 Rehrig Pacific Company INSURERC: Twin City Fire Insurance Company 29459 Rehrig Pacific Logistics Inc. 4010 East 26th Street INSURER D: Hiscox Insurance Company 003030 Los Angeles CA 90058 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 36769969 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYY MM/DD/YYY A `/ COMMERCIAL GENERAL LIABILITY Y-660-9494B562-TIL-17 3/31/2017 3/31/2018 EACH OCCURRENCE $ 1,000,000 DAM CLAIMS-MADE 1✓ OCCUR PREM SES Ea occur ence $ 1,000,000 $5,000 Deductible MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 POLICY ❑ PRO JECT ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y8109C404311TIL17 3/31/2017 3/31/2018 EOaaBINEDtSINGLELIMIT $ 1,000,000 ✓ ANY AUTO Comp.&Coll. Deductibles: BODILY INJURY(Per person) $ OWNED SCrucracHEDULED $2000 Medium Truck AUTOS ONLY AUTOS $3000 HeavyTruck/Tractor BODILY INJURY(Per accident) $ HIRED NON-OWNEDPROPERTY DAMAGE ✓ AUTOS ONLY ✓ AUTOS ONLY $3000 Extra Heavy Truck Per accident) $ ACV Hired Ph SIC I Dama a $1000 All Other/Trailers Combined Single Limit $ A ✓ UMBRELLA LAB / OCCUR ZUP61 M01 57217NF 3/31/2017 3/31/2018 EACH OCCURRENCE $ 25,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $ 25,000,000 DED ✓ RETENTION$10,000 $ B WORKERS COMPENSATION 72 WS44000 3/31/2017 3/31/2018 �/ STATUTE EERH N ' AND EMPLOYERSLIABILITY C Y/N 72 VVB R S44001 3/31/2017 3/31/20118 ANYPROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Motor Truck Cargo QT6601592C464TIL17 3/31/2017 3/31/2018 $100,000/$5,000 Ded D Technology Professional Liability MPL 1797715.17 3/31/2017 3/31/2018 $1,000,000 Limit - $5,000 Retention D Media Liability 3/31/2017 3/31/2018 $1,000,000 Limit-$5,000 Retention D Claims-Made/Retro Date:09/27/2016 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) RE: Customer of Rehrig Pacific Company. The City of Boynton Beach, Florida is included as Additional Insured per attached endorsement. (Requested by: Buena Blackburn for Lisa Perkins) CERTIFICATE HOLDER CANCELLATION City Of BO on Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y yt THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Ilyse Triestman, Purchasing Manager ACCORDANCE WITH THE POLICY PROVISIONS. 100 East Boynton Beach Blvd. Boynton Beach FL 33425 AUTHORIZED REPRESENTATIVE Frances Leiva ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 422 of 600 36769969 1 REHRIPAC2 1 17-18 CL CAU UMC WC IM I Frances Leiva 1 7/20/2017 9:32:32 AM (PDT) I Page 1 of 10 Y-660-94948562-TI L-17 7/20/2017 3/31/2017 3/31/2018 Rehrig Pacific Company COMMERCIAL GENERAL LIABILITY Rehrig Pacific Logistics Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: erations hazard" unless the "written contract a) Only with respect to liability for"bodily injury", requiring insurance" specifically requires you "property damage" or"personal injury"; and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- this insurance is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section III— Limits Of Insurance. for such loss, and we will not share with that "other insurance". But the insurance provided to b) The insurance provided to the additional in- the additional insured b this endorsement still is sured does not apply to "bodily injury", "prop- excess over any valid and collectible "other in- ofdamage" or "personal injury" arising out surance", whether primary, excess, contingent or of the rendering of, or failure to render, any on any other basis, that is available to the addi- professional architectural, engineering or sur- tional insured when that person or organization is veying services, including: an additional insured under such "other insur- L The preparing, approving, or failing to ance". prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the ings, opinions, reports, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional insured must give us written prove, drawings and specifications; and notice as soon as practicable of an "occur- ii. Supervisory, rence" or an offense which may result in a p ry, inspection, architectural or claim. To the extent possible, such notice engineering activities. should include: CG D2 46 08 05 ©2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 Page 423 of 600 36769969 REHRIPAC2 1 17-18 CL CAU UMC WC IM I Frances Leiva 1 7/20/2017 9:32:32 AM (PDT) I Page 2 of 10 COMMERCIAL GENERAL LIABILITY L How, when and where the 'occurrence" any provider of"other insurance"which would or offense took place; cover the additional insured for a loss we ii. The names and addresses of any injured cover under this endorsement. However, this persons and witnesses; and condition does not affect whether the insur- ance provided to the additional insured by iii. The nature and location of any injury or this endorsement is primary to 'other insur- damage arising out of the 'occurrence" or ance" available to the additional insured offense. which covers that person or organization as a b) If a claim is made or "suit" is brought against named insured as described in paragraph 3. the additional insured, the additional insured above. must: 5. The following definition is added to SECTION V. L Immediately record the specifics of the — DEFINITIONS: claim or"suit" and the date received; and "Written contract requiring insurance" means ii. Notify us as soon as practicable. that part of any written contract or agreement The additional insured must see to it that we under which you are required to include a receive written notice of the claim or"suit" as person or organization as an additional in- sured on this Coverage Part, provided that soon as practicable. the "bodily injury" and "property damage" oc- c) The additional insured must immediately curs and the "personal injury" is caused by an send us copies of all legal papers received in offense committed: connection with the claim or "suit", cooperate a. After the signing and execution of the with us in the investigation or settlement of contract or agreement by you; the claim or defense against the "suit", and otherwise comply with all policy conditions. b. While that part of the contract or d) The additional insured must tender the de- agreement is in effect; and fense and indemnity of any claim or "suit" to c. Before the end of the policy period. Page 2 of 2 ©2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 Page 424 of 600 36769969 REHRIPAC2 1 17-18 CL CAU UMC WC IM I Frances Leiva 1 7/20/2017 9:32:32 AM (PDT) Page 3 of 10 7/20/2017 Rehrig Pacific Company Rehrig Pacific Logistics Inc. Y-660-94946562-TI L-17 3/31/2018 3/31/2017 COMM?ERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. i XTEND ENDORSEMENT FOR COMMERCIAL INDUSTRIES This enclor5ement Modifes insurance provided under the following, CO3MMERCIAL GENERAI LIARIL17Y COVERAGE PART GENERAL DESCRIPTION OFICOVERAGE-This endorsement broadens coverade, However, coverage for any irijury, darria.ae of medical:expenses, described in any of the provisions of this erdorsernent nlay be exciuded or limited by another endorsement to this Coverage Part, and these caverage broadening provisions do not apply to the oxI,cn1 thal covcr�qo t$ excluded or limited by P_uch an endorsornert- thy;follovrng listing ols a general cQver- age J.-descripLon only.. Limitati-ors and exclusions may,appIV lo these coverages, Read all the pro irons of this an- dorserrent and the rest of your policy carefully to determine rights, cluti-ea, and what is and isnot covered. A. Broadoiro d N@ mod I risu red J. Bodily injury To Co-E nn pI oyees ArW Co-Vohmteepr B, Blank. t Additicina! Insured-Bmad Form Vendors Workers C_ Dar-nage ToProrliirs��,_ Ri:o,rerl To Yoks K. Aircraft CalteccM'ffth Crew Pwil& of fire, explosion, 1ghtning, smQke, L Ncn-Owned Watwcmft- Increased From 2,51 Peet water To 50 Foot Limit irlomased to$3C0.000 M, [rlsaascd Supplornontary Paymcrl:D D.. BI An at.vilniver of SUbrogabon . Cost af bail Wnds incroaGad to $2.5G0 E. Blanket Additional IFISLlre-d - Owneis, Managers . Lc&s of earnings increased to$500 per day or Lessors Of' remise F. Blanket Additional Insured - Leszors W Leased N. Wdical,P�yrri evks-Increase 1.iniii Equi mon0. Knowledg�And Nobue Of OCCUrrence 0i Offense G., Incidental Medica Malpractice P� Uninterkricnal OrriJcn H. Personal 11ijury-AssLzmed By Cantracl Q. Reasonable. Forta - Bodfl°y injury Or Property 1. Amended Rocaky lhjUry Definitiw, Darinago PROVISIONS B. BI-ANKET ADDITIONAL INSURED - BROAD A, BROADENED NAMED INSURED FORM VENDORS 1,, The followrig is add&d to SECTION 11 -WHO The., following is added to SECTION 111 -'NH,,-0 1-3 IS AN INSURED: AN INSURED: Any organization oilhar than a partnership or A!,,y person or Drgarization that is a vendor and joint`,venture, overwh[ch you maintain owner- that you have agreed in a writtcri contract or ship or friajority interest on tleffeotive dafe aw--ement to include as, an additional insured on of the poiqualifies as a Named Insured, this Coverage Part is an insured, but only' ith re- ,However coverage for any such organizatiion spect w liability for "bodily injury" or 'properv/ vjT cease as c,.,f the data during,the policy, pe- darnage-thM; nod thst,,eou no longof maintain Dwriorahip of, a� Is caused by an "occuffrence"that takes pLace or maicrily irvarest in, smh Grganization. after you have sign". and executed that corr- 2. The folio wing re;_,James Paragraflb Ca', of Tlacto(agreemerpt; and SECTION It-WHO IS AN INSURED-, fi. Coverage under this provision is,afforded 115, Afi,".- ()uJ of 'ynte prciducts" which are. dis,- only until the 180th day after''VOU acquire ,tributed or sold in the regular course of such or form the organization or V-,e end of the vendor's business, pQ,Fcv peflud, vit,,ichever -is earli8r, un.less me irsuran,cpronded to such vendor is sutject reported in writing to us within 1.80 days, to tne fo[lawing provisions: GG 04,58 07 13 rP 7o 11;Thn Tr;w-]"i;I noommity c rimrpny All 6]ht�_re4inevrel Page -1 of 7 Page 425 of 600 36769969 REHRIPAC2 1 17-18 CL CAU UMC WC IM I Frances Leiva 1 7/20/2017 9:32:32 AM (PDT) I Page 4 of 10 COMMIFRCIAL OPHERAL LARILIFY ao The limits 0 ingurarice provided to 5uch ven- JURY AND; PROPERTY DAMAGE LIABIL- dor Wi[I be the lirnits w,)inn you agreed to pro- ITY: vide in the written wfltrart or Pgrepmem, or Exclusions c, thirctigh oila bri,rlutappy to darn- the limits shov.17i in the Dedarations. of this age to promises while rented to you, or rem- Coverage Part,,which8v8r are less- pararily oma;eupied by you with permission of b7no insurance provided to, such vendor does the ov-rner, da sed by., not apply to: . Fire; fit) "Bodily Injury' or "propefty damage' for b�, Pxpllcsicn-1 which the ven4Qr is obligated to pay damages by reason of the assump.'ion of c. Liqhln;nqsl dablifty i,) a aomrac-,t 'or agTeemeflil, Tbis d., Smoke reauteir-ig frQn, bud'i life, explobi lon. - lis n does not apply to liability for or lighTining',,or damages that tine vendor would, have in e. 'Water, � e ab,senc;a of the contract or agreerner.t.; A separate 1 Iii-pit of insurance applies to such (2) Any express warranty unauthorized by damage to premises as described in Para- you.. graph 6.of S-IjcWi III Lim rW Cat Insurance, Any phydool of ohemical ch-2n-pe in "your This insurance deas not apply to damage o prodlucW made intentionally by such premises while rented to you, or temoGraFfly vendor: uccupied by you w4h pr-,,rrriJss1NF "or ffie (4) Re?-,iar,,kaglngl1 unless unp2okF-d sclely for oviner,,caused,by, the° purpose of in.specti cn, demonstration., ration. a4 Rupture, bunting, or operation of prn-.--,- testing, or th-a subslitu%jon of parts under sure relief devices, ins,'ructions from the rnanufacturer, and o thein repackaged in the ong inal ccita i ner, bi. Rupture or bursting due to expansion or Cling rA the cc wei-As of any building ci- (6� Any fa.Life tC? ulak8 SuCh 8d- structure, caused ty or resulti"Ig from.,Wa- juv_merts, r'msls or servicing as vendors, agroo to perform or normally undertake to c. Explogion, of st-3am bollers, stem plisse. perform in the regular course or business, , in connection %-Ath the dir tinbotion Qr sale steam engines, or steam turbines. of'your products" 2- The folinvoing rep4aces Paragraph & of SEC- (6� Demcnstradian, instal';ation, servicing or TIOWHI.®LIMITS OF INSUIRANGE,: repair operatons, except cu&- , operations Subject to 5. above, the Damage To Pro - performed at SLICK vendor"is premises in isa8 Rented To You LirnR is the most we wi] connection witi the sale of "your prod- pay under Coverage A for damages t-jecause ticta'; or of 'jxoperty damn-ge" to any one pfemises (7 ,,Your prwjuuU;,"vhflcF� , aflur.�iisiributivn gar while rented to you. or temporahly occupibd sale by you, have been labelied or rela., by you wilb permission of the owriQr, caused beled, or u1sed as a conrilWnor part or in- �)j fire; oxplosion: lightning &-mcke resulting, gredient of any other Ming or substance ffom such fire, explosior,, or lightning; or era- by or for stich vendor, ,er The Damage Tc, Rrarnises; Rented To Coverage under this provision does net apply to, You Limit will apply to all darnage prwirnatnty a. Any person or organization firom whom youd�tised by the same "occurrence', Whether �-,�uch domage results from fire, explosion, have arquired "your products.', or arTy ingre- ilghtning;, smoke resulting from sur fire, ex' client, part or container entering into, aQlllom plosn, or ligbIning, water'. or any comUa ri - pa nying or wntairing swh prvdu,.-t8;Or ic'�; ix Any vendor for which covaragia as an add i- tion I any of these la_ anal insured 0.pe,26cally 1r. scheduled by en- The Damage To Promiscs. Romed Tc, You dorserrent. Limit Will be td higher of,'. C, DAMAGE TO PREMISES RENTED,TO,YOU a. 5300,000: or 1, ]be hollowing replaces the last paragraph of 4- The arnnunt shown an the Declarations ol Paragraph 2, Exrlusion s, of SECTION I - this Coveraole Part for Damage To Prem- COVERAGES - COVERAGE A BODILY IN- ices Rented To You Limit. Pago 2 of 7 lb 2013 The Tra.%slers indemnly Company.All riqrAs reservied. CG 04 58 07 13 I rinudes rmpyngmm mstiR!nal&lnsuance Servim-F,Office,Inc.w4h As permission- Page 426 of 600 36769969 REHRIPAC2 1 17-18 CL CAU UMC WC IM I Frances Leiva 1 7/20/2017 9:32:32 AM (PDT) I Page 5 of 10 CMM CI. L r-- r-,, AL LIABILITY The following replaces Paragraph a. of We a. Is "bodily injury" or"proparttr damage" caused defnticn of'insured contract" in the DEFINI- by an 'occurrence!' ,.bat takes place, or 'Per- TIONS= actin: snat 'injury" raradrf sins njry°' caused by .. contract forIe lease of pie r`r'al e . 11u an affbrise that is uurnroitted', Mier you h ve- ever, Jlat portion of the k3u tract for a s4ned Bnd executed that tontratt or agree, lease of premises thai InderrinipQe any rnent' and persr , or organization for damage to, b, Ans ,8 out of the ownership, mamatenancc or promises wi I lie re-A" to you, or ton, po- use of tf+at part of any, premises leased is rar ly otcu pied' by you with permission of YOU ,he rrner, caused b : Thi ins sante pr'o rid l such prerrlise crier, (fl) Fire; rn nFpr or lessor is subject to t er Following pro- visions: r-visions: ( ) E plcxsion; a. Tha Iimitg of insurance provided to .,Gh ( ) Lightning; yrerrses ov res, rnrarlaeppr cr iessF:ar wilt be {4) Smoke resulting from such sire, ex- the limits which yoga agreed lo pr-ovide in the ploslon, or li htnir i or wrihon contract or agreement, or the fmi( 1 ) Water. hewn on the Declarations of this Coverage Dari, whichever are less., is not an"insured cortl-aci"; b, The insumnc rovi to such� d-E2d premises , The fb,;Io veinaa rpplraoes Paragraph 4- nym r, manargernrlegssa�-does not appty to; of ECT[ON IV— iCMW,ER 1AL. GENERAL d1.l `bodily injuryor "property damage" LIAB11LITYCCIaDIT10NS caused by ars 'oocurr nrr `° that takes (b) That is in&urance for premises rented to place, or - swan ! Injury" or -advartising you; or Wmporarily occupir d nor' you with iinjury'' caused by an offe=rs,e tlitak is corn- the r arise on of theowner;ner; muted, after You to be a tenant in D,. BLANK ET WAIVER OF SUBRO ATI R that promises:or The fllcrtrl,l i added to Paragraph ,, Trarrfor ISI Structural alterations, naw r , strrr icn cir demolition operations performed try or on Of fights Of Recovery' Against Others To Us, behalf of ch prrel-nises owner, manager of SECTION I' - COMMERCIAL GENERAL Lt. or I,essor ABILITY NDITI NS: e. The: insuranze provided to such premises Vete waive ariy right of recovery we may, have owner, n rra or or lesser l excess o' er ani# acainst any persalt or Organization beiause of valid" ar'rd collectible other insurance availat e payrn-& nis we make for injury or damage arising 170 such prern',ses ta"wnec, 1nanxjer, ear ie sr�r, out of p e raises owned or nccupr d t-;Ey or ferte,d onless you have agreed m a wr,ttear. contr :t or IriariAd to pu greinprat ons parfnrrnad for this insurance to appt on a primary or by you or on your behalf. dome under a contract wontriQutory b : e with thall person of, organization', 'your work" or F. 8-,A K.ET ADDITIONAL INSURED-LESSORS '.your produdts", We waive this right where you OF LEASED EQUIPMENT have agTood tc cc sea a�Dart of a tti�n r'.tr,-4t, The Following is added toECTI N, If WHO I executed by 1/ou prior to loess, AN ISI URM E. BLANKET ADIDITIONAL INSURE OWNERS, any person or org niz t In Mat is �inl equipm ort MANAGERS EiR R LESSORS F PREMISES lessor and that you have agreed in a written cost= The fallowing is added to SECTION Il -WHO IS tract or agreement to include as an additional in- AN INSURED.: cured cin 11-ris Cavaerage Isar- is an 6r-Es`re}d, but Any person or is e pra;.riisres only vdth respect to liability for "bodily irWryt owner, man gel or iessoi arld th-at, you hi we "property lama e', 'personal injurf or "advertis- to inaury�" teat: acre�ed in a wriden rcntr�ot sir 0grePrnen to, name as an additional insured on, tris, Coverage a. Is bodily injury' or 'property darrra e"caused Part is ar, insured, but only vvith respe-ft to liability by en oc(,um°r nr ' tear takes place,„ or `fir- for 'bodily lrjury",. 'property dl image', ®p,�:rsonel' sonall linjury" or "a orfrsing rrjury" .erased b n' ry"or"advertising in,lury"that: an offense ghat is committed, of er you have CG 04 68 07 13 I1�()IR`fhr-.T'a..a.�•Ir-E•.In6nninikyCrmp,,,,z-ny.,All ri.Dhl%rr.tmwr.,':. `age 3 of 7 lm;aUdui wpyniplktd mWu ill atlhyxilm:e selviunorricx,hr.Iviulsegpuliliiitiun. Page 427 of 600 36769969 REHRIPAC2 1 17-18 CL CAU UMC WC IM I Frances Leiva 1 7/20/2017 9:32:32 AM (PDT) I Page 6 of 10 COMIVIFRCIAL, GFMPRAL LIARILITY following is added to Paragraph 2.a.(11)of siign,,�d and exewted that contract or agree- 3. The went and SECTION R—WHO 15 AN INSURED-, b� 15 causiod, in whale or in part, by your ac4s or Unless yoo are in the bush tessor orcupalion omissions in the maimerance, uperation or or providing professional health care services, use by you of equipmenz. leased to you by Parographs (1)(a), (b), (c) and (d) abovii oo such equip mrat lessor noit apply lo any `Wdlly injuiryl arising out, of ate' providing or failing to provide, "'incidental I he inswran-w provided to viCh,touipmenI medical services- by ariy of your'ern ployees", ,is subject to the following provisions, oldier lhav,i an employed doctor Any s,,;lch a- The lirr.6,; of rnsLAr-HncE provided to such .1 employees" providing or falling to provide equipment lesser mill be the limits wbich you "n jdental medical sen.,ices." during their work agreed to provide in the wrilleft coqttaot or hours for you will be deerned to be acting agreement, or the limns shown on tare Decla- within the scope of their employment by you rations, of fts Coverage Part., whichever are or pedorming duties related to the condul: of less, your business. 1b, The nsurancp provided to inch equiMw ent 4,, The foliowing excliusion is added to Pa.-& lessor does not apply to any "bodily injury' or graph 2., Exclusions, of SECTION 1,— CCV- property lfamage"causca by an,'omurlfonco' ERASES— COVERAGE A BODILY INJURY or ";per enol injury' or 'ad- AND PROPERTY DAMAGE,LIABILITY: that takes place, vortsing injury- caused by an offense that Is Sale Of Pharmaccuticals CUITIVITTIlled".after the eqUprnerpl lease expires, -Bodily Injury" or "property darrage' arising, c, The inauranoe provided to such equr.prient mut of the wil!'fiul Violation of A penal statute or lessor r is excess,ower any valid and collectible o7dinance relating to tine sale of pharmaceuti- orlle.r ingL,,,ranca available to such equipment calt committw by, or with the knowle-6p or lesser. urlass You have agreed irr a vorrittian consemt 9f, the insured. contraot for, this insuranae, to apply an a pri. 5m The tollowing i;; adoto Paragraph 6. of mart'or contributory basis. SECT]ON III_LIMITS OF IN SURAI 'INCIDENTAL MEDICAL MALPRACTICE For the purposes of determining the applirA- bleEach Occurrence Lirnt,, 911 related avis Car 1, The following is added to the definIticn of'oo- orn.issions committed in the providing or fail- courrence"In the DEFINITIONS Section- ing i.,o provide it cid inedical seriices" .o Urlf-.98 YOU are in tine business or occupatinn any ore, person, will be considered one 'are, of providing professional health care-se-ndoes, ourrance". ..occurrence' also moans, an act or omission & 'The fullming is added to Paragraph 4,.V,, Ex- committed in prov4ng or faikrig to provide cess Insurance, ofSEC710N IV — COM- inoidQntal reed calser vicrels*to a persurr. MERCIAL GENERAL LIABILITY CONDI- 2, The following is eddPd to th& DEFINITIONS TIONS: section. This insurance is, exceas, over any valid and "Incidental Medical,services"means,:, coheGfible otner jnauranwhVheT pfirriary, excess, oontingent or ony rather basis,.that a. Medical,, surgiW, dental, laboralory, x-ray is available, to, arTy of your "employees" for or mirsing ser-AQQ or treatment, advice ur 'bodily injury' that arises •out of providing or instnic-ficn, or Ilia related furnishing of failing to provide 'Incidental nrtedicai servicesr feed fir oeverages- to any per-onto the extent not, subject to b. The furnishiag or disposing of drugs or Paragraph 2.a.(1) of SECTION 11 — WHO IS, math IR dental, or surgical supplies or AN INSURED. appliances,; H_ PERSONAL INJURY — ASSUMED BY CON- c- First-aid; cwr TRACT d., 'GoocSamaritan services", i. rh e follovang replaces,Exclu&ion e... 0 ontirac- tual Liability, in Paragraph 2. of SECTION I "Gow, sarnarltan aervio€*" be ars emar — COVERAGES — COVERAGE 8 PER,- gency rnedloal, &erviCerS forwhich no compen- SONAL AND ADVERTIMING INJURY Ll- sati an is demanded or received. ABILITY,. Page 4 or 7 1)2C13 7he Traveliri m6smrlov C�rrqpFey ,All righis rrsorw-d CG 114 58 1)7 13 Includes cuprighled nialeflal uF k-ksuianre Servicaa Office,hc.wil.h ilu prniistiiun. Page 428 of 600 36769969 REHRIPAC2 1 17-18 CL CAU UMC WC IM I Frances Leiva 1 7/20/2017 9:32:32 AM (PDT) I Page 7 of 10 COMPJ�ERCIAL GENERAL LIABILITY 0, ConlYactual Liability the Insiffed and the interests of the in- 'Persoral injury" or"aMe1ising inliuify" for damnitee,- which the °nwred is obligated to pay 4. The following replaces t,,e,flr&t subparagraph darnages by reason ofAhe assumption of of, Paragraph f. 07- Me deff'r-Lition of "insured liability in a contrad, or agreement, Th°a contract"in the I)ErINI'17110N S Section.6 e,XC;IUsiQn doors,not apply to" f. Yhat part of any other contract or agree- (I I Liability for ciarriagles. that the insured' menz, pmalnFng to your business finrlud- would have in The absence of the in an indernniflcat:on ol a mun,"Cipadty in contract,or agreernent;or cart,-,,ection v,6th work oerfovmed to-, a mu nicipa,lity)under'WhiCh yoU,M-Urno 01.0 (21 Lialaillty for damages because of tart, porsonai injury' assumed in a con- , liabihty of z�rin,+er party to pay fo, bodily injury,""Property carnage" or"per- tract,or agreement that is an --iinsured sianal injury" to a third parBor.or organiza- contract', prod that the "pemonar, ticm Toil liaN14 mearrs a liability 111811 injui-y" �,; qause-d by an off"ense, coo- would be imposed by law in to absence mitt" subsequent to the execution of of any coritract or agreement., the contract or agreement.. Solely for 11,. AMENDED BODILY INJURY DEFINITION the purposes of tiabillity assumed in, an "insured contract", reasonable at- The following replaces the defliniki n of"bodily in. torneys fees wrld 1'ecessary litigation jury in the DEFINITIONSpec i1ar9: eMpFrISES inGUrred, by or for a, party `Bodily inIunV" means bodily injury, rneritall an- other than an Insured wifl be deemooll guish, menial injury, shock, fright, disabkty, hu- to be darnages becau"a of "personal, miliat'on, aioKnoss or disease Pustninad by a paf- injury" provided that', son, including death,resulting fro,,n try oll'these at (a) Liability to suct-, party for, or or arny time. the cost of, that party's, defense J. BODILY INJURY TO CO-EMPLOYEES AND has also been assn ed in the CO-VOLUNTEER WORKERS same"in-sured obn- racl'; and The fodowing is added to Paragraph Za,(I) of (bf Such aitorr*y fees and litigation S ECTION IIWHO IS AN [INS RED; expenses, are for deknse of that Paragraph f11)(a) above does, not apply,to 'bodily party ,against a civil or alternative injury" to a ac-'entployee' in the course of tea co- dispute resolution proceeding in ..onrployee's- "- ,rploymorit by' you -or performing which damages to which this in- Q`utfo FeIatacl to the conduct of your-busines . or surance appliasare alleged to'"bodily inJur/" to your tither 'volunteer worRers' 2, The fulluviinU replaces the Orihd seritence of wiii,e pcdlorminq_ duties rQ1PtQ4 to the QQduot of Paragral-Ai 2, ff SUPPLEMENTARY PAYS your busjne,ss_ MENTS-COVE RAG I-$ A A NO S: K� AIRCRAFT CHARTERED NTH CREW Notwithstanding the provisions of Paragraph The following is added to Exclusion g., Aircraft 2.lb.f2) of Sep;tia,) I -Cot arage A - Bo i6 In- Auto Or Watercraft,' in Paragraph 2,of SECTION jury Ano Property Dom*qo Lio,tifitV or Para, 1 - COVERAGES - COVERAGE A BODILY IN- graph 2.e. of Section 1, -_Coverage B - Per- JURY AND PROPERTY DAMAGE,LIABILITY, sonal and Advertising Injury Liability, such, This exclus.4on does not apply to an aircraft ftt payrnentg 'i°I not be deemed Co be darriages ib. because of'bodily Jrjury", 'propenl/ damage" (a) C h artere-A wf'th!crew,to eny i n&,jred or "personal Injury', -.9,id will not redUCe the (lol Not owned by anir I nsured.,,ard lirrift, of in,surance. (c) Not Wing used to carry any persoo (...r pro[)- 1 The, following replaces Flaragraoh 2.d. of eny for a charge. SUPP'LEMENTARY PAYMENTS - GOVER-- L, NON-OWN ED WATERCRAFT AGES A,AND B: 1- The folloveing replaces Paragiaph (2) of Ex- d. The alla9zitiors in the "suit' and the in- dusinn g., Aircraft, Auto Or Watercraft, in fonniatiJon we know about Me 'occur- Paragraph 2. -of SECTION I - COVERAGES 'or offv_msa- fence are suvh that no conflict - COVERAGE A EIGENLY [INJURY AND appears tv' exist between the j.itarests of PROPERTY DAMAGE,LIABILITY,. CG DA fig 67 13 e�201 A Tho Tr.q%v4P..,L% N1 noirr.fimmnued, Peg o 5 of 7 of liswfowe V091161 76& Page 429 of 600 36769969 REHRIPAC2 1 17-18 CL CAU UMC WC IM I Frances Leiva 1 7/20/2017 9:32:32 AM (PDT) I Page 8 of 10 C DMAERCIA.L. G F NE R-AL L IAB I LIT V (2� A watercraft-you do not own that is: e. The follumino provisions apply to Pam, a rajoh �a) F&y feet long or less" and aa above, bL.-,,,t only for the purposes, of the in- (b� Not bpji-.g used to carry any persrn,or surance prowdec under this Coveiage Part to property for a charge. YOU Or 8F1y i0sUred:15s,.,ed in Rarahraph 1.or 2. a'Seafion 11-%1V is 18 An Insured- 2. The foillowing is added to Par gra 2. of �11 I Notice to up, of such "ciccurren7W' or of- SECTION 111-WHO IS AN INSURED: fense must pe given as.soon as praQtiQ@- Any person or orgarnization that,wiIh.your ex- ble only after the "occurrence" or offer press or rmpked consent, either uses or is re- is,h MUM to YOU (if'YOU of all ifldiVidUahh sponsible foT the use of a watercrHft that you any of your paitrers or members who is do net awn that is; an individual (if you are a partnership or (1) Fifty feet long or less-, and joint venture), any of your riianagers viiho (2) Not beirq used to carry any person or is an IndNiduzilifif you are a limited liability property for a charge, ,I company), any of your truslic-&- who is an individual 6f you are a trust), ariV of your P& INC REASF D S UPPLE M E NTAKY PAYMIE NTS 'executive office-rs"or dire Lora(it you are t. The followirng ieplaces Paraty-aph 1bi. of an argonization other their, 0 pzartners1p,, SUPPLEMENTARY PAYMENTS COVER- Jant ventufla limhad liablilly company o� AGES A AND B of SECTION I COVER- husfr or any ,.employee" authorized by AGES. You 'to give rlojicof an "o,'xUar"ence, 0, lbUp to S2,500 for cost of ball bonds re- offense- qoire,o b0oSe of accidents or traffic law j2) If you are a partnership, joint venture, Am- viotations, arising out of the Lase of ary vehinle to vdhi& the Bodily Injury Liability ite-d Iia bil ity,company or trust,, and none of coverage,applie-:5, Wt 'do noL rlavu to Vur- your partners, joint venture members, n,sh,these bonds, manage-is or ftusteps are mdlividual's, no- tice to us of such `wcurreroe�' oroffers e 2- The folluvviriq replaces Faragapfi 1A, of Must be 9:ven,as soon as practicable only, SUPPLEMENTARY PAYMENTS - COVER- after the`occurrewe"or offense is known AGES A AND 8 cot SECTION I - COVER- lz�jr AGES: (a) Aj)y ind-rvIdivak0o Is; d. X11 reasonable expemies incurred by the irsuted a, o'LAr faquest to assist us in the �1) A partner or membor of any part ir,.vestigation, or creferise of the claim or no rshi p or Joint ventu re; -su;t", jMcluding actual, loss of ear Ings up ifl� A marager, of any limited fiaoiiiiw to $500 a, day because of firrw, off from company; work- 111ij A trustee of any trust, of N. MEDIiCAL PAYMENTS-INCREASED LIMIT' 11y) An executive officer,or director of The lol"Imving replaces Paragraph 7. of SECTION any other crclanizzatien-1 III- LIMIT 5 OF INSURANCE, 1hat iE youir partner. jolm venture. 7.� Suoject to 6. above. the Medical Expense member,nn�i nager or trustee. a r Limit is the most vife will pay- under Coverage G, for all rnodil expenses because of'bod- fib) Any 'emp�ovyee' authorizes: such ily injiiry" sustained by ;wy one per$,;�+n, and partnership, joint venture, limited Ii- will be Me high&,rof: ab lit/fonrpwy, tTu5t or other organi.- or zaitien to give notice of an "'occur- rence"or effanse- (b) The amount shawrion the Deolarations of (3) Notice, tD us of such 4occurrence" or of- this Coverage Fall f(w Medical Expens*! fAnse vvil I be deomod to be given as s=in Limit, as practicable if R is given in gout faith as 0, KNOWLEDGE AND NOTICE OF OCCURa soon, as Practicable to your workers' RENCE OR OFFENSE carnpensatiork inwror, Thi,3 oppljQ5 unlW it _,io,folloy..ing is addled to Par@graph 2,, Duties In you subsequently give nolice to us of the The Event of 0,ccur riance, Offense, Claim or cc.cufrancp" or offense, as soon as prz.,ic- Suit, of SECTION IV - COMMERCIAL 138N- ticable after any of the persons described ERAL LIABILITY CONDITION& In Paragraphs e.(1) or j21 above discov-, Page 6 of i 0:7101;L TF--I nrismnib�r orr-ri i ny All ii43hls nesommel CG DA"07 J 3 MCLL,V*L;-:)Pyl�,11Wc 7miattri-id of lrmuq;Lrirza 5L,,vriwForruL,.Ire.v tris inYis}ivr,. Page 430 of 600 36769969 REHRIPAC2 1 17-18 CL CAU UMC WC IM I Frances Leiva 1 7/20/2017 9:32:32 AM (PDT) I Page 9 of 10 COMMFRCIAL GENERAL LIABILITY ars that the 'occurrGnce' or offense may youf rights under this insurance, lever, this I'esult, in sowis llo whq&i the irlsUtance provision does rot affect oux right to collect addi. provided under this Goverage Part may tiQrml pMmiwm or to uxcrcise our rights of canw-l- apply. lation or nonrenewal in accordance with applica- HQP,Aoever, if this pdicy inciudes an endorse= ble insuroro lows or r regulWi I Qns, went that provicres limiled coverage for"bod- ily in-luy da ry' or 'property or poll ie 0, REASONAELE FORCE — 9001LY fWURYOR costs arising out of a discharge, release or PROPERTY DAMAGE escape of 'pollutants" which cortains a re- The frill owin,(j(epla,-*s ExCAISiOn a, Expected Or quremerl tha,, the discharge, release or es- Intended, Injury, in Paragraph 2.. of SECTION I.— cape of "pollutants" must be reported to us COVERAGES — COVERAGE A BODILY IN� vviMin a %pred.ft number of idays after its JURY AND PROPERTY DAMAGE LIABILITY- ab,upt commanoc'mont this Paragraph e. ,does,not affect that recuirement, a. Expected or Intended InJury or Irnage R UNINTENTIONAL OMIS54ON _3ndly injury' or"'property darnage" expected The following is added to Paragraph S.. Repro- or intended from thle Wandpoint of the in- sentations, of SECTION IV — COMMERCIAL sured This exdus,lcrn Woos not apply to "bod- GENERAL LIABILITY CONDITIONS: fly inn ory' or,'property 0amage, resolting from he M the use of reasonable force to protect, any I unlntemlio nal onni asion of, or uninte ntion al!er- er I ror in, any informabon provided by you which we person or propy. relied upon in i5suing thi'� policy will not prejudice CG EK4 68 07 13 Z 2013 Tha Travela,e tndamnity Compsny.Alt rigrils w_avsd Page,7 of 7 Includes eapyTighied roa-mrial a'Inswance Services Office, nc.withits,permission- Page 431 of 600 36769969 REHRIPAC2 1 17-18 CL CAU UMC WC IM I Frances Leiva 1 7/20/2017 9:32:32 AM (PDT) I Page 10 of 10 7.B. BIDS AND PURCHASES OVER$100,000 5/1/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: Award Bid No. 014-1211-18/IT for Removal, Replacement and installation of Field Netting at Little League Park, and authorize the City Manager to issue a Purchase Order to Anzco, Inc. of Boca Raton, FL as the lowest responsive, responsible bidder in the total amount of $160,607.00 with a 10% contingency for a total approved amount of$176,667.70. Award is contingent upon the receipt and approval of insurance and performance and payment guaranty. EXPLANATION OF REQUEST: During Hurricane Irma, damage was caused to the existing foul ball netting and pole structures along all four (4) fields of play at Little League Park. On March 16, 2018, Procurement Services issued a bid for "Removal, Replacement and installation of Field Netting at Little League Park" with a Mandatory Pre-Bid Meeting and Site Inspection held on March 27, 2018 to review the project with interested and qualified contractors. On April 17, 2018, Procurement Services opened bids from two (2) bidders. After reviewing the two (2) bid submittals, Staff has recommended the project be awarded to Anzco, Inc. as the lowest, responsive, responsible bidder. The cost of this will be submitted to FEMA for reimbursement. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The netting provides safety for the players, parents, and visitors to the park. Without this netting the risk of injury is significantly increased. FISCAL IMPACT: Funds for this expenditure are available in Fund 108-1211-512-52.90; Project No. HR1701. ALTERNATIVES: Delay in repair will have a continuing effect on the safety of visitors to the park. City Commission can reject all bids and direct the City Manager to resolicit the requirement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 432 of 600 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Bid Submittal ®Anzco, Inc. D Attachment Bid Tabulation ® Field Netting Bid No. 014-1211-18/it® REMOVAL, D Attachment REPLACEMENTAND INSTALLATION OF FIELD NETTING D Attachment Addendum No. 1 to Bid D Attachment Addendum No. 1 Attachment Page 433 of 600 BID NO. 014-1211 1 WIT - REMOVAL, REPLACEMENT AND INSTALLATION OF FIELD NETTING AT LITTLE LEAGUE PARK SPECIAL TERMS AND CONDITIONS PURPOSE: The intent of thissolicitation is to selectsuccessful i der to provide r turnkey removal, replacement, n installation of field netting t Little League Park in Boynton Beach, Florida. SuccessfulMETHOD OF AWARD: Bidder awarded shall ensure that proper and sufficientstaff, equipment, organization, etc. will be provided r this contract to meet the specifications denoted hereinata paramount level. Once opened, the bidsill be tabulatedevaluated the tion and/or notice of intent to award. The City, in its sole discretion, reserves the to accept or reject any or all bids for any reason whatsoever. The City further reserves the right to waive irregularities ci liie /or to requestresubmission. There is no obligation on the art of the City to award the bid to the lowest bidder, or any bidder. The Cityes the right o make theto a responsible i r submitting a responsive bid most advantageous in the bestinterest of the City. The City shall be the solejudge of the bids and the City's decision shall be final. The City intends to award a contracto the lowest, responsive, responsible total price bidder for, taking into consideration experience, qui t I , references and past performance. INSURANCE: It shall be the responsibility of thesuccessful bidder to maintain workers' compensation insurance, property damage, liability insurance vehicular liability insurance, during time any of bidders personnel are workingi of Boynton Beach property. The vendor shall furnish the Cityt ertifi insurance r award has been made prior to the start of any work on Cityproperty. Saidinsured companies must be authorizedto do businessin the State of Florida and the City will not accept any company that has a ratingless than in accordance to A.M. Bests Key RatingGuide, latest edition. City of Boynton Bewh 13 Bid No.014-1211-1 /IT Page 434 of 600 BID NO. 014-1211-18/[T REMOVALs REPLACEMENT AND INSTALLATION OF FIELD NETTING AT L117LE LEAGUE PARK SCOPE OF WORK 1. The Successful bidder shall provide for a turnkey removal, replacement and installation of netting (foul ball and backstop netting) for Little League Park baseball fieI ds located at 300 West Woolbright Road, Boynton Beach, Florida. The Successful Bidder shall furnish all labor, materials, and equipment for installation to compI ete all work necessary as specified by the City. The successful bidder shall be responsible for the welding, installation, and construction of the metal framing and netting. The successful bidder will be responsible to remove and dispose of any waste resulting from the installation of the netting, including the removal of any excess material resulting from the work. 2. All permit fees shall be paid by Contractor and included in the price submitted. The City will not pay any additional charge for permit fees. 3. Contact the City of Boynton Beach at 561-742-6200 for a Roll-off container. 4. The new fence shall be installed per the 2017 Florida Building Code, WhEdition or most current and any County and/or local laws, ordinances, codes and regulations. a. Existing netting poles, netting, wire, and hardware. L Existing of that support the existing netting that are part of the existing chain link fence shall be cut to match the existing chain link fence pole height and capped. H. Existing of to be removed may be cut to 6' below grade unless they will interfere with the new pole installation, then they shall be removed from the ground. !!I. Existing netting, cable, hooks shall be removed and disposed. b. Install new poles 1. All poles shall be commercial grade B-5/80 in diameter, SCH 40. I!. A pole shall be placed on each side of the dugout. iii. All poles shall be placed on the outside of the existing chain link fence. iv. All of shall have secured caps. v. All of shall be in-ground at a depth of no less than 5'(60 inches) A. All poles shall have a 30"x60"concrete footer. 1. ASTIVI C94 -Ready-mixed concrete. Normal Portland cement, 2500 PSI, 28 days, three (3) inch slump, 3/4" nominal sized coarse aggregate vii. All of shall a maximum span 35' (thirty-five feet). c. Install new hardware(Commercial grade) 1. All fence hardware shall be galvanized ii. W hardware on all poles. M. Guy hooks, steel, and anchors are to be galvanized. City of Boynton Bwch 14 Bid No.014-1211-1 M Page 435 of 600 BID NO. 1 REMOVAL9 REPLACEMENT AND INSTALLATION OF FIELD NETTING AT LITTLE LEAGUE PARK SCOPE OF WORK (CONTINUED) d. Install new netting !. Netting shall extend 5' (five ) beyond the height of the backstop. 1. Field 1 . Field !!. Netting shall extend ' (twenty et) above existing chain link fence. 1. Field . Field Ili. All netting Il be broken into sections, from pole to pole (max. pole span 5' (thirty-five ). iv. All netting shall have a heavy duty top and bottom cable. Cable shall be a minimum 3/16" v. Snap hooks to secure netting to cableshall be stainless, 2-3/8" in length. vi. All netting shall be jet-dyed all the way through, 1-7/80 twisted knotted u h nylon netting panels (min. 3401b tensilenth with a " soli r (min. 24401b tensile t nth breaking strength). . Contractor will be responsibler ensuring that all employees are incompliance, t all ti `t Terms, Conditions, n cifi tions outlined i these ! specifications. Contractor will be responsibler obtaining all necessary permits, licenses, and/or registration cards, 1-9 Form (Employment Eli ibili Verification) in compliance it all applicable federal, state, and local statues pertaining to services as speciffed including coordinating City issued photo ids, keys, access cards, and background checks through the contractor administrator. 6. Contractor will not be permittedto subcontract workunder this contract unless written approval is granted by the City's contract administrator. The subcontractor, if approved, ill be bound by the conditions of the contract between the City and the awarded contractor and will perform in accordance withII terms of the contract specifications. All required notices, and directives, will be directedto the contractor. All direction given to the subcontractor on the work site will bind the cont or as i the notice had been given directly to the contractor. 7. This project must be completed itin 120 days from issuance of Purchase Order. 8. Protection of People and Property: As this is an active viable i facility, all necessary precautions shall be exercised the successful Bidder at all times for the protection of persons and property. The successful Bidder shall at all times, guardfrom damage or loss to property of the City or of other contractors and shall replaceand/or repair any loss or damage unless such be caused by the City, or other contractors. The City reserves the right to hire a thirdfirm, under contract, to remediate damages caused by the successful Bidder, at the sole expense of the successful Bidder. The City may withholdpayment or make such deductions, as it might deem necessary to insure ibu a t for loss or damage to property through negligence of the successful Bidder, Its subcontractors, employees or agents. City of Boynton Bewh 15 Bid No.014-1211-1 SAT Page 436 of 600 ' Attachment "All ADVISORYCity of Boynton Beach Risk Management Department INSURANCE Under the term and conditions of all contracts,[came,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providingCertificate of Insurance listing Ci "Certificate Holder" City of Boynton Beach is Additional Insured as respect to coverages ."Insurance companies providing insurances must have a current rating by A.M. o.o "B—P'or . An insurance contract or binder may be ted as proof of lmawm V'C cafe is providedselection of r.) Tlic followinga list of types of requiredinsurance of contractors,lessess,ate.,and the limits qui ei : ( ® is list i of I Inclusive, n the City s i additional s Of Insurance, or raise r lower e stated limits, based upon Identifled ri@L) -----------------------------------•------ ------------ ............. nLPE (Occurrence Based Only) QUIM .... —------------------ .------ --------------- General Liability 1,000,000.00 Commercial Liability Co p Agg. $11000,000.00 Owners& es Protective( ) Personal&Adv.Ij 1,000,000.00 Liquor Liability Each Occurrence1,0 0,000.00 Professional Liability Fire e(any one fire) $ 50,000.00 Employees&Officers Mod.Expense(any one persoo) 5,000.00 PollutionLiability Asbestos Absternent Lead Abatement Broad Form Vendors Premises Operations Underground Explosion&Collapse Products Completed Operations contractual Independent Contractors Broad Form Fire Legal Liability ...— —..--- ............... -------- ----------------------- --- Automobile LiabilityCombined Single Limit S500,000.00 Any Auto Bodily Inj (per on) to be determined All Owned Autos Bodily Injury(peraccident) to be determined Scheduled Property Damage to be datermined Hired Autos TrailerInterchange S 50,000.0 Non-Owned Auts PIP Basic Intermodal .._________________—...------------.....- ..................—. ------- ................... Garage Liability u y,Each Accident 1,000,000.00 Any Auto Other Than A 100,000.00 Garage Keepers Liability Each Accident11000,000.00 Aggregate S 1,000,000.00 --........ _®_ _—.-----—. ---______®® ss Liability Each Occurrence Umbrellao determinedto be -------------------------------------------- ----...------.—.®.. ------ —...—..........ti..... - s Compensation Statutory its Employees iabilr cci 100,00 .00 Disease,Poli Limit 5 500, 0,00 Disease Each Employee100,000.00 property Homeowners a le Permit 300,000.00 Builder's s i i on ProjectCost —. ---------------- -------- ----------------------- ----- Other- As Risk Identified e determined1 Page 437 of 600 BIDDER ACKNOWLEDGEMENT Submit Bids o: PURCHASING SERVICES 100 E. BoyntoncBoulevard Box 310 Boynton , Florida 33425-0310 Telephone: ( 1) 742-6310 Bid it : INSTALLATION I NETTINGI " Bid u er: 014-1211-1811 Bid u : APRIL1P.M. (LOCAL TIME) Bids will be opened in Purchasing Services unless specified otherwise not be withdrawn it in ninety( )days after such date andtime. II awards made as a result of thisbid shall conform to applicableions of the charter and codesi . Name f Bidder: Federal I.D. u r. Corporation of the State of., A o : _ . Telephone Number:Area Code: u. FAX Number: Mailing Address: City/State/Zip: Vendor ilin te: E-Mail Address: s m �...0 AuPT nZed Signature Nami T e THIS PAGE TO BE SUBMITTEDF I PACKAGE TO BE CONSIDEREDLTE AND ACCEFTABLE 17 Page 438 of 600 MANDATORY SITE INSPECTION-CONFIRMATION BID TITLE: REMOVAL, REPLACEMENT AND INSTALLATION OF FIELD NETTING AT LITTLE LEAGUE PARK BID NUMBER: 014-1271-1811T DATE OF SITE INSPECTION: MARCH 27, 2018 authorized iv f: (Print it of Representative) (hereinafter called i r) located at (Print of Company) / confirms that Company id Bidder has visited site the work and has carefully examined the Ins and specifications for said pmiectchocked them in detail before submittinghis or her bid or proposal. N � ;ATURE OF COMPANY < D fE OF INSPECTION REPRESENTATIVE Zr' 01 n � k E TATI E y At RE°F i DATORY SITE VISIT ONLY 18 Page 439 of 600 BID NO. 014-1211-1 WIT REMOVAL, REPLACEMENT AN D INSTALLATION OF FIELD NETTING AT LITTLE LEAGUE PARK BIC FORM To. City of Boynton Beach, Florida The undersigned declares that helshe has carvfUN examined the specifications and is thoroughly familiar with its provisions and with the qualIV, type and grade of product/service called for. In accordance with the General Conditions, Special Conditions,and Spec.ifications and Requirements, the undersigned bidder offers the following: Basis of Award: ft Is the Intent of the City to award to the lowest responsive and responsible bidder by total bid price.The City reserves the right to award optional Items if determined to be In the ® best Interest.Award of all Itwo are subject to the availability of funds. ITEM DESCRIPTION OF SERVICES TOTAL LUMP NO. ..................... SUM PRICE FIELD I — (Material) Furnish rew field netting as per specifications. .................. FIELD I — (Labor) All equipment, labor, supervision, hardware, 2. tools and incidentals to remove exating netting, wires, poles etc. and install new field nettin as pLr sj ditcation$®Inc_ 3. FIELD 2 — (Material) Furnish raw field netting as per specifications. ....... ............ FIELD 2 —(Labor) Allequipment, labor, supervision, hardware 4. tools and incidentals to remove &,Afing netting, wires, poles ............ etc. and install new field nettin .@s pe,i�pe ions. FIELD 3 — (Matiarialy Furnish row field niffingg as poor specificati ........... FIELD 3— (Labor) All equipment, labor, supervision, hardware, 6. tools and incidentals to remove eadsting netting, wires, poles etc. and_.__.install new field_rir@�In __@� Recifications. . ............... 7. FIELD 4 — (Material) Furnish now field netting as per $ INW-oo specifications. .......... FIELD 4—(Labor) All equipment, labor,supervision, hardware tools and incidentals to remove eadifing netting, wires, poles' etc. and install now field netting as_p ions. TOTAL—ALL LABOR, MATERIALS, EQUIPMENT FOR ALL FOUR(4) uw+�Lo—�- o FIELDS: .......... ............. THIS PAGE TO BE SUBMTrED FOR 131D PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 19 Page 440 of 600 I 014-1211-18/IT INSTALLATIONREMOVAL, REPLACEMENT AND LITTLEAT BID FORM (CONTINUED) OPTIONALIT ITEM DESCRI I„ 0 F _SERVICES_ J UNIT PRICE � TI T 1-t6f A L f QUANTITY O 'onal Iaborco,9t r hour for OPT additional work not covered in this 1 tumkey project cost and discovered $24W 5 HRSn _ during imp=lamentation. r.. Optional is untoff Of Manufacturees Suggested a II OPT pHce for additional ma rials n includedin the my project1,01]x.00 and discovered during irn�adementation. . COMPANY NAME �NTURE OF AUTHORIZED OFFICIAL z U) --- PRINTED NAME OF AUTHORIZED OFFICIAL TELEPHONE NUMBER I E-MAIL ADDRESS THIS TO BE SUBMITTEDFOR BIDPACKAGE TO BE CONSIDERED COMPLETEACCEPTABLE 2 Page 441 of 600 BfD BOND STATE OF FLORIDA COUNTY 0f--PALM BEACH KNOW ALL MEN BY194ESE PREB f _ AN ,Inc. as Pdricipal, and Philadelphia nif f'ri . , o � Surety, authorized to do business in the Sbft of Ply u a are hold and ftm,ly bound undo the Owner,C fti Dollars � . "' mMI money f the Un %fay the payment of which sum will and truht to be m whl, we bond oursehres, our heirs, execuWra, adn*WWors, and. sucoessors, ,oii roy and firmly by Vie&e preseft, THE CONDITION OF T11IS OBLIGATION IS SUCH, that whereas Pdnc#)al has submftted the o pan , bids dated r1ril17�, 20181br. REMOVAL, REPLACEMENT AND INSTALLATION OF FIELD PARK BID No. 1 - f1- C ` ` E , & If t' , principal sW not wfflidraw said Bid udthin nineaftardate fing of ffmsame. and shall � a d d are serm for sib ew enter,Into iftri C ct wilb ffie Owner in acmirdence wb Me BkJ as and give bonds wm goods and sufficient surety or suielies, as m , required, for the. f�j peftmance and P fWN l er# of such Confect, then the above obligatiormi shah be void End of, no effifed, cdierMse tD remain X811 fome arW °mn 6s In the event of the wit.drawalsalt Bid 10hin the d specified, or the fallure enter into such Contracl,and give, such bonds wiffiln t-t time spedfied, if the dial al"I pay the Owner the iffy yen the of spedforl in sold 131-4 and the amount far which Me Owner rneye required work and suppkes, if the latter arnount be exem of,the linnner then the above obligaflonsshall be vold and of othervAse to man in Ul lbrue aril eflect C. This bond is givens to complyi Section 255.05 Florida Statutee, and any action instRuted by a rAof under Ws bond lbr a eA mum be In accordance with ffi notice and firne limitaficni,prove " In &x-tion 255,0 5(2), Florida Statutes. I HIS PAGE TO BE SUBWTED 010 PACKAGE " SIO `:AND ACCEPTABLE 21 Page 442 of 600 9 IN thisiunder their I I7t—h day of '. . I s these presents.duly Wined by its undersigned representative, pursuant to authority of Is governing (if Sale Ownership ' , i . (I 1 . C 4a-mi—of Rrm r d r r �,.rthorlzed Officer( ftseal)� ` ------ --------------- 9671 Carousel Circle South Business Address Boca Raton, I,33434 City and State PhiladelphiaS urance Company Corporate Surety wmey-In-fact(aft sealy.' Targe L Bra.ce, & s 941 W.Morse Blvd.,Suite 100 Florida LicensedResident BusinessAddress Winter Par4 FL 32789 d stew ICA Sur, 1%, Group,LLC Name of Local Insurance Agency Inquiries°(321)800-15594 THIS PAGE TO BE SUBM17TED FOR 010 PACKAGE TO BE CONSMED.COMPLETE AND ACCEPTABLE 22 Page 443 of 600 146 PHILADELPHIA MXMNITY INSURANCE COMPANY One Bala Ph7A Suits 100 Bala Cyn"d,PA 1.9004-0950 PowerefAtturavy KNOW ALL PERSONS BY THESE PREMM:Thai]BULADELFIBA INDRhINITY INSURANCE COMPANY(the Companyl a corporation orgenized and existing no the[am of the Commonwoun of �Panaffyhmn*does hereby constitute and appoint Alhica 1!2111� 9 ��j �0111111 Lj&m_its ®and braM Ancancy-in-fact with 1411 mullsority to mmouto on he behalfbonds,wulartakings,r000gnizemms and other contracts of indemnity and writings dMiptory in the nature thm*4 issued in the ocurso of its business and to bind the Company thereby.in an amountnot to mood JLUgj= This Power of Attorney is granted and is vigned and&Wad by facsimile under and by the aufluxity of the following Revolution adopted by the Boand of Dimotm of PHILADELPEUA RqDEhdNrfY INSURANCE CO&PANY on the 14"of Novemben 2016, RESOLVED- That the Be"of Dfizators hereby authorizes the Pmident or any Vice Pamident of the Company: (1) Appoint Ationney(s) in Feet and autharize the Afforney(s) in Face to moute on behalf of the Company bonds and undertakings,contracts of indommity and other writings obfigatory in the nature thered and to amsch e® of the Company theretw, mad (2) to ramom at any tim any suoh Aftorney-in-Pact end rovoke the sufficafty given. And,be it FURTHER RESOLVIM- That the isignaturas of such offloom and the® of the Company may be aff=d to a" so&Power of Attorney or carfificato rdWng thereto by fitosimilo,and any such Power of Afforney so uscanted and cerffied by ftesunile signatures and faemmile awl shall be valid and binding upon the Company in the future vath respect to any bond or undertaking to whials it is anwhod. IN MSTBAONY wHEREOF. PHILADELPHIA DIDEMNITY DMXMANcE COMPANY RAS CAUSED f= INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFF13031)BY ITS AUTHOFJ=OFFICE THIS 27ouDAY OF OCTOBER,2017. Robert D.O'Leary Jr.,president&CEO Philadelphia hulamnity Tworance Company On this 27s day of October,201 ®buhme me onme the indiviclual who executed the parading instrument,to me personally known,and being by me duly swom said that he is the therein desmilmd and authorized officar of the PHHADE12H1A INDEMNITY INSURANCE COMPANY;that the tool afflized to said imbument;in the Caqm*o sod of said Company.that the said Corporate Sad sod his signamm same duly of[hood. amNotary Public: __n (Notery Sold) rodding at: flala QNPIA PA My oomminsion expirm.- allUmbz2L 221_ Edward swpqn corporate socrotory,of PBnADEI.PmA INDEMNITY D48URANCE COM[PANY,do hereby catify the the foragcong resulnum of the Board at Directors and 114 Power of Aftorney issued pursuant thersto an this 27"day of Octdba4 2017 we trac and current and we still in&H force and offed.I do further Certify that Robert D.O'Leary Jr.,who examined the Power of Afterney a praddent,vm on the"of mention of the attached power ofAttossay the duly ejected president of PBRADELPHIA.114DEMNITY INSURANCE COMPANY� masimile scal of cash.Company is In Testimony Whercof I c hm subsribed my e d e namanaffhood thf 4 Ar Edward Saysso.C-P-T"&-Ob" PHULADELPHIA,INDEDIN11TY INSURANCE COMPANY Page 444 of 600 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our ff les for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this florm with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? Yes No Ifplease indicate by an "X" in the appropriate box: AMERICAN INDIAN ASIAN BLACK HISPANIC WOMEN OTHER NOT APPLICABLE (specify) Do youpossess a Certification qualifying your business as a Minority Owned Business? YES_ NO If YES, Name the Organization from which this certification was obtained and date: �ate of�Ceft!Gci i6lo-n THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 445 of 600 CERTIFICATE AS TO CORPORATE PRINCIPAL 1. certify that I am the Secretary of the Corporation named as Principal in the within bond; that -)M,&-0 17 - Z4,ft who signed the said Bid Bond on behalf of the Pdncjpai, ,.,.4 P id Corporation, that I know has signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested r and in behalf of saidr ority of its governing body. Secretary (corporate 1) STATE F FLORIDA ) COUNTY OF PALM BEACH ) Before me, a Notary Public commissioned, Iffied and acting, personally II known, who being that he is the Attomay-in-Fact, r the and that he has authorizedbeen g oing bondn behalf of the Contractor named thereinin favor for the Owner,the Cityton Beach. m � IAN 11 , MELONEYL. ®�®Commission# a4 2 Etpirdskguftfl,2020 Y F nln 1 THIS A TO BE SUBMITTEDF I PACKAGE TO BE CONSIDERED COMPLETEAND ACCEPTABLE 23 Page 446 of 600 NON COLLUSION AFFIDAVIT OF PRIME BIDDER StateofPe-'MA004 County of that., being first duly sworn, deposes and says 1) He is of 40 2=5 XA-a— (Title) "Nime of Corporation or Fir iWj— the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract fbr is the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton each or any person interested in the proposed Contract; and 6) The price or prices quoted In the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of Its agents, representatives, ownem, employees, or parties In Interest, Including this affI .......... (S4 Subscribed and sworn to before me (Title) y ,r',Zgkj'0'0 This_j'L_day of 20 MELONEY L.ROY commission#Go w222a My commission expires C�( - W Explmhgutl 12.210 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 24 Page 447 of 600 ANTI-KICKBACK f I STATE OF FLORIDA SS) COUNTY OF PALM BEACH ) I, the undersignedhereby duly sworn, depose and say that no portion of the sum hereini ill be paid to any employeesof the Cityon c commission, kickback, reward of gift, directly or indirectly by me or any member of my firmor by an officer of thecorporation. ` A Swam and subscribedbefore i Printed Information: _NAME ?49,aj F TITLE NOT RY PUBI_) State of Flon&' tL { Y - MELONEYL,ROY m WCommieslan#GO W2228 Expires August 12,2020 Borded ThVmy Un Insinnes OMM7019 "OFFICIAL L° STAMP THIS A TO BE SUBMITTED FOR BIDPACKAGE M BE CONSIDERED COMPLETE A ALE Page 448 of 600 CONFIRMATION OF DRUG-FREE WORKPLACE Prefarence shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a businessthat certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. Inorder to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), nobfy the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance I aw of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this fIrm complies fully with the above requirements. Rd is Signature 27 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEFrABLE Page 449 of 600 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Contractor is aware that the Inspector General of Palmch County has the authority investigate an it matters relatingnegotiation performance of this contract, andin furtherancethereof may demand andin records and testimony from the Contractor and its subcontractorsn lower tier subcontractors. The contractor understands that in additionto all other remedies and consequences i ! , the failureof the Contractor or its subcontractors or lower tier subcontractors to fully cooperate withthe Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. 60—N—TRACTOR NAME Title: ° 2 Page 450 of 600 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION the , of (Name of officer of company) (Title of officer of company) , located at (Name of Corporation/Company) (Business Address) Certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program.Answering yes to Question 1 and Question 2 beI ow will qualify the business as a local business. In support of this request, I certify the following to be true and correct, [NAME OF BUSINESS: 1. Is the business located within the it l NO Number of Years: of Boynton Beach, Florida? 2. Does the business have a business tax YES usiness License receipt issued in the current year? Number: 3. Is"ifiwe"business registered with the Florida YES NO Division of Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. Print Name: Signature, PURCHASING USE ONLY*" Business License F] Year Established: Active: Verified by: Date: 29 Page 451 of 600 The City of Boynton Beach FinancelProcurement Services 100 E.Boynton Beach Boulevard A 0.BOX 310 Boynton Beach,Florida 33425-0320 Telephone: (561)742-6310 49 FAX (561)742-6316 ADDENDUM No. I DATE: rill 2018 BID TITLE: REMOVAL, REPLACEMENT AND INSTALLATION OF FIELD NETTING AT LITTLE LEAGUE PARK BID NO.: 014-1211-18/IT This addendum to the drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original Bid specifications and proposal for and is hereby declared a part of the original drawings, specifications and/or contract documents. In case of a conflict, this Addendum No. 1 shall govern. Words in etAke#*Gu0 type are deletions from existing text. Words in bpi -underlined type are additions to existing text. 1. The bid open I ng date rema In as Apri 117, 2018 at 2:30 PM. The location rona Ins unchanged. 2. Refer to the Scope of Work, Item 4 Is revised as follows: "4. The new fence shall be installed per the 2017 Florida Building Code, 6th Edition or most current and any County and/or local laws, ordinances, codes and regulations. a. Existing netting poles, netting,wire, and hardware. i. Existing poles that support the existing netting that are part of the existing chain link fence shall be cut to match the existing chain link fence pole height and capped. ii. Existing poles to be removed may be cut to 6' to grade unless they will interfere with then pole installation, then they shall be removed from the ground. ffl. Existing netting, cable, hooks shall be removed and disposed. b. Install new poles 1. All of shall be commercial grade 6-5/8" in diameter, SCH 40. H. A pole shall be placed one c side of the dugout. iii. All poles shall be placed an the outside of the existing chain link fence. iv. All poles shall have secured caps. v. All poles shall be in- and at a depth of no less then 5' (80 inches) vi. All poles shall have a 30' 0"concrete footer. 1. ASTM C94 -Ready-mixed concrete. Normal Portland cement, 2500 PSI, 28 days, three (3) inch slump, 3/4" nominal sized I Page 452 of 600 i coarse vii. All poles shall a maximum5' (ti -fiv ). II. Install pew gdU and glerheagit [ l of 4). New gates IImatch -I tI t to have a Osight revised "All notes I and . . Install new h (Commercial ) i. All fence hardware shall be galvanized fl. %" hardware on all poles. ill. Guy hooks, steel, and anchorsIv n' . d. Install new netting i. Netting shall extend 6' (five ) beyond the height of the backstop. 1. Field 1 2. Field H. Netting shall extend 20' (twenty ) above existingi link fence. 1. Field 2. Field ill. All netting shall be brDken into sections, from poleto pole (max. pole span ' ( i -five ). iv. All netting shall have vy duty top and bottom cable. Cable shall be a minimum 3/16" v. Snap hooks to secure netting to cablehail be stainless, 2-318" i length. A. All netting shall be jet-dyed all the throw 1-7/8" twisted knotted sure mesh nylon netting panels ( i I tensile strength it ' solid rope border (min. 24401b tensilestrength breaking strength). ll.All nMngII hp jecul2d to th@ tgg and bgMm rAhl I hooks, ons' edge of the netflng shall be permanently taured t2 Role.' 3. Attachment"A" Is revisedis attached to this Addendum. 4. The following questionsItted at the pre-bid conference/sitsvisit or prior to the deadline and are herebyprovided and respondedto 1: Are we goingto install 2 now walki v r atransoms? 1: The Scope of Workrevised vlScope Work 4.b. 2. Do we include n i e do costs into our labor cost or is this r cos A2: The prices I t be all-inclusive. Include I i costs that may be required In rices submKted. Do not alter the bidi anyway(i.e. write In a separate line, add a note)as your bid may be deemed as non-responsive. Page 453 of 600 03. In regards to the netting being retractable, are we using the 2 3/8" stainless steel snap hooks on the top, bottom, as well as both sides of the netting?Or are we using the snap hooks on 3 sides and making 1 side permanent? If we are to make one side permanent can we use steel galvanized hog rings. A3: The Scope of Work has been revised per this Addendum. See revised Scope of Work 4.d. Q4: Scope of or calls for netting to be 5' beyond height of backstop for field number 1 and 2, also scope of work says 20' above chain link field 3 and 4, 1 just want to clarity, are we are going 20' above all in link fences on all 4 fields and only going 5'tall above fence on fields above back stops? A4: See Scope of Work 4.d.1 .1, 4.d.1.2, 4.d.11.1, and 4.d.U.2. Fields I and 2 the netting shall be 6' beyond height af beckstop. Fields 3 and 4 the neffing shaI l be 20'above existing chain link fence. Q5: Do you want all posts evenly spaced or of you rather all posts be spaced 35' apart and then at the end of a run we have a short section? A& See Scope of Work 4.b.11 and 4.b.111. Sincerely, 0-, il-WQ Tim W. Howard Assistant City Manager-Administration Director of Financial Services cc: Finance/Procurement 3 Page 454 of 600 IFL .2 roe City Of Boynton Beach _....................... Financelprocurement Services 100 E ftmiton Beach Boulevard P. 0.Box 310 Bopdon BeacIN Florida33425-0310 Telephone: (561) 742-6310 (5 1)742-6316 REMOVAL, REPLACEMENT AND INSTALLATION OF FI LNETTING AT LITTLE LEAGUE I .: 014-1211-18/IT SIGN,RESPONDENT MUST INCLUDE IS "ACKNOWLEDGEMENT OF ADDENDUM . 1 WITH BIDIN ORDER FOR SUBMITTAL TO BE CONSIDEREDL . ,. ...... k e� PRINT NAME OF T TIV I�� _ E E-0 .T TIV 4412 m - ss NAME OF COMPANY DA E Page 455 of 600 O O S 0 S LO � ¢ 2 n � � ! - « t - - w \ ® - $ \ § 0E E E ® EE E � $ _ - e g e ){ ) ! - _ \ ( j , § ± §( ( ( F-- /2 / § \ \ `_ \ % _ e/ 3 ®! \ y = ® __ _ _ = e { , / } - � (o = \ \ \ \\ { { \ U) « ! _ 5 E. _ - 2 ) - (\ 0 � R . l . 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S ji41A S lYt tr 4�? tVltr 7sl} V i r)� S � ( s{r t (43rrj�7,'J��14tpr,tl�}vyy,ty}ijr',kv£?31r ''.4t i}i){vStt js.,,, 't�1��j}}sett\\S��, i '�'jk¢, " ,ry£11%i�r}'%v�1r�?�vsv��v�vijs ?yjk1144uJ }s��jtt�r�7f��2��s,'11iaz!2rly: `;{hi1.A 17t7iy(itfs��h?7;1tr s 4�lrtisjp�tii�l tv1�jsyt}Ys�� tl\�?1%; tt}44R,. v�1}7�}4V�3�7}SbS��ISI 43�kjtyts ,v�`\trr1;1£���0}inti#,Al ts\�i3t�ii�tiE(ti �l)liji4\t~Y \} t� s£ S7i,VS)t jt ls�s3 r43\t �s�lititt.,7r fVtt 4 ir�)����riss�t,'�\4, � ) >S2�i J 4.S j�u 411341$„1 4�}s ri\j�ty}}3i ntp 3}'\ S4kt�5 l}i4tl SVs14�ti 1151 i�� tejlli,F, .l-�jt tsSf r��7j trtf},{slV\Ytr �s�DSb���rt it�rtr ��j+7\`tljspl���ts�7.54�';�j�7����k(ii�sts��lly�i`„�-54111 Page 457 of 600 The City of Boynton Beach Purchasing Services 100 E.Boynton Beach Boulevard P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone: (561)742-6323 FAX. (561)742-6316 BID NO. 014-1211-18/IT REMOVAL, REPLACEMENT AND INSTALLATION OF FIELD NETTING AT LITTLE LEAGUE PARK Sealed bids will be received in PURCHASING SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, or mail to P.O. Box 310, Boynton Beach, Florida 33425-0310 on or by: APRIL 17, 2018; No Later Than 2:30 P.M. (Local Time). Bids will be opened in: PROCUREMENT SERVICES-CITY HALL 2ND FLOOR unless otherwise designated. Bids received after the assigned date and time will not be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers with regard to mail being delivered by a specified time so that a bid can be considered. If no award has been made, the City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid. Sealed bids or proposals received by the City in response to an invitation to bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the proposal/bid, whichever is sooner. If the City rejects all bids or proposals submitted in response to an invitation to bid or request for proposals and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids or proposals remain exempt from public records disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all bids, proposals, or replies. Requests for bid or proposal documents should be submitted to the City Clerk's Office. Documents may be inspected without charge, but a charge will be incurred to obtain copies. LOBBYING / CONE OF SILENCE Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response and shall remain in effect until City Commission awards or approves a contract, rejects all bids or responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the City of Boynton Beach 1 Bid No. 014-1211-18/IT Page 458 of 600 Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. Any questions relative to any item(s) or portion of this bid should be directed to Ilyse Triestman, Purchasing Manager; Telephone: (561) 742-6322, E-mail: triestmanip- bfl.us SCOPE OF SERVICES: The intent of this solicitation is to select a successful Bidder to provide for turnkey removal, replacement, and installation of field netting at Little League Park in Boynton Beach, Florida. A MANDATORY PRE-BID MEETING AND SITE-VISIT will be held on March 27, 2018, 11:30 P.M., at 300 West Woolbright Road, Boynton Beach, Florida. Attendance is mandatory and proof of attendance will be evidenced by the Bidder's signature or signature of Bidder's designee on the attendance sheet provided. The Public Works Department will provide an escort to the site. The Site Inspection form will be distributed on color paper to attendees at the site visit. The colored form must be signed by a representative from the City on the day of the site visit and submitted with the Bid for the submittal to be considered responsive. The Site Inspection form included herein is an example only. Contact: City of Boynton Beach Purchasing Services 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Ilyse Triestman, Purchasing Manager (561) 742-6322 or triest an bbfl,us Office Hours: MONDAY- FRIDAY, 8:00 A.M. TO 5:00 P.M. CITY OF BOYNTON BEACH foor* AA_WQ TIM W. HOWARD ASSISTANT CITY MANAGER-ADMINISTRATION DIRECTOR OF FINANCIAL SERVICES City of Boynton Beach 2 Bid No. 014-1211-18/IT Page 459 of 600 BID NO. 014-1211-18/IT REMOVAL, REPLACEMENT AND INSTALLATION OF FIELD NETTING AT LITTLE LEAGUE PARK Section 1 — SUBMITTAL INFORMATION A. The City of Boynton Beach will receive bid responses until APRIL 17, 2018 at 2:30 P.M. (LOCAL TIME) in Purchasing Services located on the second floor of City Hall, 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435. B. Any responses received after the above stated time and date will not be considered. It shall be the sole responsibility of the proposer to have their bid response delivered to Purchasing Services for receipt on or before the above stated time and date. It is recommended that responses be sent by an overnight air courier service or some other method that creates proof of submittal. Bid responses that arrive after the above stated deadline as a result of delay by the mail service shall not be considered, shall not be opened at the public opening, and arrangements shall be made for their return at the proposer's request and expense. The City reserves the right to consider submittals that have been determined by the City to be received late due solely to mishandling by the City after receipt of the bid and prior to the award being made. C. If any addendum(s) are issued to this Bid, the City will attempt to notify all prospective bidders who have secured same, however, it shall be the responsibility of each bidder, prior to submitting the bid response, to contact the City Procurement Services at (561) 742-6322 to determine if any addendum(s) were issued and to make any addendum acknowledgements as part of their bid response. D. One (1) original, so marked, and two (2) copies, of the bid response shall be submitted in one sealed package clearly marked on the outside "INVITATION TO BID FOR REMOVAL, REPLACEMENT AND INSTALLATION OF FIELD NETTING AT LITTLE LEAGUE PARK" to: City of Boynton Beach, Purchasing Services, P.O. Box 310, 100 E. Boynton Beach Blvd., Boynton Beach, FL 33425-0310. E. Responses shall clearly indicate the legal name, address and telephone number of the bidder (firm, corporation, partnership or individual). Responses shall be signed above the typed or printed name and title of the signer. The signer shall have the authority to contractually bind the proposer to the submitted bid. Bidder must note their Federal I.D. number on their bid submittal. City of Boynton Beach 3 Bid No. 014-1211-18/IT Page 460 of 600 GENERAL CONDITIONS FOR BIDDERS FAMILIARITY WITH LAWS: The bidder is presumed to have full knowledge of and be in compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect the equipment and the services provided to the City. Ignorance on the part of the bidder will in no way relieve bidder of responsibility to adhere to such regulations. BID FORMS: The bidder will submit a bid on the bid forms provided. All bid prices, amounts and descriptive information must be legibly entered. The bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The bidder IS required to be licensed to do business as an individual, partnership or corporation in the State of Florida. Place all required bid forms in a sealed envelope that has the company's name and address, proposal title, number, proposal date and time on the outside of the sealed envelope. Proposals not submitted on appropriate proposal forms may be rejected. All proposals are subject to the conditions specified herein. Proposals which do not comply with these conditions are subject to rejection. EXECUTION OF BID: Proposal must contain an original signature of an authorized representative in the space provided on all affidavits and proposal sheets. NO BID: If not submitting a proposal, respond by returning one copy of the "STATEMENT OF NO BID" and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to quote without sufficient justification shall be cause for removal of the vendor's name from the mailing list. NOTE: To qualify as a respondent, bidder must submit a "NO BID" and it must be received no later than the stated bid receiving date and hour. BID DEADLINE: It is the bidder's responsibility to assure that the bid is delivered at the proper time and place prior to the bid deadline. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that a proposal can be considered. Bids which for any reason are delivered by the deadline will not be considered. If no award has been made, the City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid. Offers by telegram or telephone are not acceptable. MINOR IRREGULARITIES/RIGHT TO REJECT: Bidders are expected to examine the specifications, delivery schedules, Bid prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk. The City of Boynton Beach reserves the right to waive irregularities or informalities in Bids or to reject all Bids or any part of any Bid deemed necessary for the best interest of the City. The City may reject any response not submitted in the manner specified by the solicitation documents. City of Boynton Beach 4 Bid No. 014-1211-18/IT Page 461 of 600 RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible bidder meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; B. Waive any defect, irregularity or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; D. Reissue an Invitation to Bid; E. Extend the bid deadline time and date; F. Procure any item by other means; G. Increase or decrease the quantity specified in the Invitation to Bid; H. Consider and accept an alternate bid as provided herein when most advantageous to the City. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective bidder has: A. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. INFORMATION AND DESCRIPTIVE LITERATURE: Bidders must furnish all information requested in the spaces provided on the bid form. Further, as may be specified elsewhere, each bidder must submit for bid evaluation cuts, sketches, and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a previous bid or on file with the buyer will not satisfy this provision. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to this office in writing no later than ten (10) days prior to the bid deadline. Inquiries must reference the date by which the bid is to be received. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. ADDITIONAL QUANTITIES: The City reserves the right to acquire additional quantities of the bid products or services at the prices bid in this invitation. If additional quantities are not acceptable, the bid sheets must be noted "BID IS FOR SPECIFIED QUANTITY ONLY". SAMPLES: Samples of items, when called for, must be furnished free of expense, and if not used, tested or destroyed, upon request, will be returned at the bidder's expense. Request for City of Boynton Beach 5 Bid No. 014-1211-18/IT Page 462 of 600 the return of samples may be made within ten (10) days following the bid deadline. Each individual sample must be labeled with the bidder's name, manufacturer's brand name and number, and item reference. DEMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part of the evaluation process in determining the award of bidder. Demonstrations of the merits of the equipment/services that meet City requirements shall be requested by Procurement Services. Equipment demonstrated shall be a minimum of one (1) year old. All required staff, to be assigned per the individual bid product or service application, will form the Bid Award Committee to evaluate and submit a group award recommendation. The City reserves the right to make separate and independent awards based on its needs and the combined evaluation results. SUBCONTRACTING: If a bidder subcontracts any portion of a Contract for any reason, the bidder must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the bidder, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to bidders at Procurement Services, it is each bidder's responsibility to check with Procurement Services and immediately secure all addenda before submitting bids. It is the usual practice for the City to mail an addendum to known bidders, but it cannot be guaranteed that all bidders will receive ALL addenda in this manner. Each bidder shall acknowledge receipt of ALL addenda by notation on the bid and shall adhere to all requirements specified in each addendum prior to submission of the bid. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected, unless addressed in the Special Conditions Section of the bid documents. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the bidder's submittal on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the bid. The use of bidder's standard forms, or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. ALTERNATES: Where a base bid is provided for, the bidder shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items. The Owner reserves the right to accept or reject the alternates or base bid or any combination thereof. The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or the like, is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications under the direction of appropriate testing laboratories. The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at vendor's expense. These items and items not City of Boynton Beach 6 Bid No. 014-1211-18/IT Page 463 of 600 delivered as per delivery date in the bid and or Purchase Order may result in the bidder being found in default in which event any and all procurement costs may be charged against the defaulted Contractor. Any violation of these stipulations may also result in the vendor's name being removed from the City of Boynton Beach's vendor mailing list. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the bidder. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this submittal prior to their delivery, it shall be the responsibility of the successful bidder to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. PUBLIC ENTITY CRIMES: As provided in Fla. Stat. § 287.133(2)(a), a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and my not transact business with any public entity in excess of the threshold amount provided S.S. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. BID GUARANTEE/BID BOND: All bids shall be submitted upon the bid form(s) herein, or verbatim copy thereof. Bids shall be accompanied by an acceptable 5% bid bond, cash, certified check, or money order if the bid amount exceeds $25,000.00. Said bid bond is to be furnished and executed by a surety company of recognized standing, authorized to do business in the State of Florida, and having a Registered Agent in Florida for purposes of service of process. The bid bond amount shall be 5% of the bid price and shall constitute a guarantee that the contractor, if awarded the contract, will enter into a written contract with the City to perform this work pursuant to the bid. Guarantee of the successful bidder shall be forfeited to the City upon the successful bidder's failure or refusal to execute and deliver the Contract and bonds required within ten (10) days after he has received the Contracts for execution, not as a penalty, but as liquidated damages for the costs and expense incurred should said bidder fail to submit satisfactory surety or fail to comply with any other requirements of the specifications or of his bid. Such, checks or Bid Bonds will be returned to all except the awarded vendor after Commission award. The awarded City of Boynton Beach 7 Bid No. 014-1211-18/IT Page 464 of 600 vendor's bid bond will be returned upon receipt of: Payment Bond, Public Construction Bond, Contract, and insurance requirements. PUBLIC CONSTRUCTION BOND: A. Bidder shall submit in conjunction with its bid a statement identifying the surety company or companies which will provide the Public Construction Bond required under the terms of the Contract should bidder be the successful bidder and be awarded the Contract. The disclosure shall contain an affirmation by bidder that the surety so designated has preliminarily agreed to issue the Public Construction Bond required under the terms of the Contract should bidder be awarded the Contract. B. Within ten (10) days of receipt of the Contract documents for execution, the successful bidder shall furnish a Public Construction Bond in the amount of 100 percent of the accepted bid as security for faithful performance of his Contract and for payment of all persons performing labor or furnishing materials in connection therewith, prepared on the form or bond attached hereto. C. The Contractor is required at all times to have a valid Public Construction Bond in force covering the work being performed. A failure to have such bond in force at any time shall constitute a default on the part of the Contractor. If the surety company writing the Public Construction Bond becomes disqualified according to the provisions of Article 18 below, then this shall automatically constitute failure on the part of the Contractor to meet the above requirements unless Contractor provides substitute Public Construction Bond within thirty (30) days of written demand by the CITY. D. The Public Construction Bond shall continue in effect for one (1) year after completion and acceptance of the work with liability equal to 25% of Contract price, or an additional bond shall be conditioned that the Contractor will, upon notification by the City, correct any defective or faulty work or materials which appear within one (1) year after completion of the Contract. POWER OF ATTORNEY: Attorneys-in-fact who sign Bid Bonds or Contract Bonds shall file with each bond an original, certified and dated copy of their power of attorney. QUALIFICATION OF SURETY: The Bid Bond and the Public Construction Bond shall be executed by a surety company of recognized standing authorized to do business in the State of Florida and having a resident agent in the State of Florida for purposes of service of process. The surety company shall hold a current certificate of authority as acceptable surety on Federal Bonds, in accordance with U.S. Department of Treasury Circular 570, current revision, or meet the criteria established as to acceptable surety companies by the Board of Commissioners of State Institutions, March 18, 1958, or the equivalent thereof. A surety shall be deemed not qualified if the surety shall have a receiver appointed for it, or if it shall declare or file or has filed for bankruptcy. ADVERTISING: In submitting a bid, the bidder agrees not to use the results as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE WITH CONTRACT CONDITIONS". ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the funds which may be come due hereunder are not assignable except with the prior written approval of the City. City of Boynton Beach 8 Bid No. 014-1211-18/IT Page 465 of 600 LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers and employees from liability of any kind in the performance of this Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants an employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's operation pursuant to this Contract and from and against all costs, counsel fees, expenses and liabilities incurred in an about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) days of receipt by the City of any claim, suit or action against the City arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this Contract. Bidder shall have the right to control the defense of any such claim suit or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys' fees and damages which may be incurred or sustained by the City by reason of the bidder's breach of any of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its employees. OPTIONAL CONTRACT USAGE BY OTHER GOVERNMANTAL AGENCIES: If a bidder is awarded a contract as a result of the solicitation, if bidder has sufficient capacity or quantities available, provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the solicitation and resulting contract. Prices shall be F.O.B. Destination to the requesting agency. AWARD OF CONTRACT: The low monetary bid will NOT in all cases be awarded the Contract or Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible bidder whose bid represents the most advantageous bid to the City, price and other factors considered. Evaluation of bids will be made based upon the evaluation factors and standards set forth herein. The City reserves the right to reject any and all bids and to waive technical errors as set forth herein. In the event of a Court challenge to an award by any bidder, damages, if any, resulting from an award shall be limited to actual bid preparation costs incurred by the challenging bidder. In no case will the award be made until all necessary investigations have been made into the responsibility of the bidder and the City is satisfied that the most responsive, responsible bidder is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding that all items/services delivered must meet the specifications herein. Items/services delivered not as specified, will be returned at no expense or penalty to the City of Boynton Beach. DELIVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates that the seller is responsible for the shipment until it reaches its destination. Any and all freight charges are to be included in the bid total. The bidder's invoice payment terms must be shown. WARRANTY REQUIREMENTS: Each item, including all components and all installed accessories and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship. This warranty shall be for a period of 365 days or the time designated in the standard factory warranty, whichever is longer. The warranty will be the same as that offered to the commercial trade and shall be honored by any of the manufacturer's authorized dealers. Warranty will cover parts, labor and any necessary shipping. Warranty repairs may be accomplished on City property, if space is available; this will be at the sole discretion of the City. Contact Procurement Services for permission to perform warranty service on City property. Warranty to start at the time of acceptance by the City; however, in cases where vehicles or City of Boynton Beach 9 Bid No. 014-1211-18/IT Page 466 of 600 equipment are not immediately placed in service, the bidder will provide a delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement Services. PRICES, TERMS AND PAYMENT: Firm prices shall be quoted, typed or printed in ink, and include all packing, handling, shipping charges and delivery to the destination shown herein. Bidder is requested to offer a cash discount for prompt invoice payment. Discount time will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later. Upon delivery, the City shall make final inspection. If this inspection shows that the equipment/service has been delivered/performed in a satisfactory manner in accordance with the specifications, the City shall receive the same. Final payment due the bidder shall be withheld until visual inspection is made by the PUBLIC WORKS DEPARTMENT and merits of performance evaluated. This total acceptance will be done in a reasonable and timely manner. Acceptance shall not exceed thirty (30) days. If any equipment/service has to be rejected for any reason, the bidder shall be required to pick up the equipment, accomplish the necessary repairs and return the equipment to the City. Warranty repairs may be accomplished on City property if space is available; this will be at the discretion of the City. Title to or risk loss or damage to all items shall be the responsibility of the bidder, unless such loss or damages have been proven to be the result of negligence by the City. A. TAXES: Do not include State or Federal taxes. Not applicable to municipalities. B. MISTAKES: Bidders are expected to examine the specifications, delivery schedule, bid prices, extensions and all instructions pertaining to supplies and services. Failure to do so will be at bidder's risk. C. DISCOUNTS: Will be considered in determining the lowest net cost. D. CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. E. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall carry U.L. approval and reexamination listing where such has been established. TIME OF DELIVERY: See Scope of Services LICENSE AND PERMITS: It shall be the responsibility of the successful bidder to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Purchasing Agent and City Inspectors. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Bidder certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that if awarded as the successful bidder, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the bidder. Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. City of Boynton Beach 10 Bid No. 014-1211-18/IT Page 467 of 600 PALM BEACH COUNTY INSPECTOR GENERAL: The contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLEJ@BBFL.US QUESTIONS: Any questions relative to any item(s) or portion of this bid or Invitation to Bid should be directed to (lyse Triestman, Purchasing Manager, Monday through Friday, 8:00 A.M. to 5:00 P.M. at (561) 742-6322; E-mail triestmani(a-bbfLus City of Boynton Beach 11 Bid No. 014-1211-18/IT Page 468 of 600 LOCAL BUSINESS PREFERENCE The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. "For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05, the City shall give preference to a Local Business if the Local Business' bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive bidder. In revenue generating contracts where award, if any, is to be made to the bidder returning the highest amount to the City, the same preference set forth herein shall be applied with respect to the highest bid." In order to be considered for a local business preference, a bidder must include the Local Business Status Certification Form at the time of bid submittal. Failure to submit this form at the time of bid submittal will result in the bidder being found ineligible for the local business preference for this solicitation. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. City of Boynton Beach 12 Bid No. 014-1211-18/IT Page 469 of 600 BID NO. 014-1211-18/IT REMOVAL, REPLACEMENT AND INSTALLATION OF FIELD NETTING AT LITTLE LEAGUE PARK SPECIAL TERMS AND CONDITIONS PURPOSE: The intent of this solicitation is to select a successful Bidder to provide for turnkey removal, replacement, and installation of field netting at Little League Park in Boynton Beach, Florida. METHOD OF AWARD: Successful Bidder awarded shall ensure that proper and sufficient staff, equipment, organization, etc. will be provided for this contract to meet the specifications denoted herein at a paramount level. Once opened, the bids will be tabulated and evaluated by the City before recommendation and/or notice of intent to award. The City, in its sole discretion, reserves the right to accept or reject any or all bids for any reason whatsoever. The City further reserves the right to waive irregularities and technicalities and/or to request resubmission. There is no obligation on the part of the City to award the bid to the lowest bidder, or any bidder. The City reserves the right to make the award to a responsible bidder submitting a responsive bid most advantageous and in the best interest of the City. The City shall be the sole judge of the bids and the City's decision shall be final. The City intends to award a contract to the lowest, responsive, responsible total price bidder for, taking into consideration experience, staffing, equipment, materials, references and past performance. INSURANCE: It shall be the responsibility of the successful bidder to maintain workers' compensation insurance, property damage, liability insurance and vehicular liability insurance, during the time any of bidder's personnel are working on City of Boynton Beach property. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating Guide, latest edition. City of Boynton Beach 13 Bid No. 014-1211-18/IT Page 470 of 600 BID NO. 014-1211-18/IT REMOVAL, REPLACEMENT AND INSTALLATION OF FIELD NETTING AT LITTLE LEAGUE PARK SCOPE OF WORK 1. The Successful bidder shall provide for a turnkey removal, replacement and installation of netting (foul ball and backstop netting) for Little League Park baseball fields located at 300 West Woolbright Road, Boynton Beach, Florida. The Successful Bidder shall furnish all labor, materials, and equipment for installation to complete all work necessary as specified by the City. The successful bidder shall be responsible for the welding, installation, and construction of the metal framing and netting. The successful bidder will be responsible to remove and dispose of any waste resulting from the installation of the netting, including the removal of any excess material resulting from the work. 2. All permit fees shall be paid by Contractor and included in the price submitted. The City will not pay any additional charge for permit fees. 3. Contact the City of Boynton Beach at 561-742-6200 for a Roll-off container. 4. The new fence shall be installed per the 2017 Florida Building Code, 6th Edition or most current and any County and/or local laws, ordinances, codes and regulations. a. Existing netting poles, netting, wire, and hardware. i. Existing poles that support the existing netting that are part of the existing chain link fence shall be cut to match the existing chain link fence pole height and capped. ii. Existing poles to be removed may be cut to 6" below grade unless they will interfere with the new pole installation, then they shall be removed from the ground. iii. Existing netting, cable, hooks shall be removed and disposed. b. Install new poles i. All poles shall be commercial grade 6-5/8" in diameter, SCH 40. ii. A pole shall be placed on each side of the dugout. iii. All poles shall be placed on the outside of the existing chain link fence. iv. All poles shall have secured caps. v. All poles shall be in-ground at a depth of no less than 5' (60 inches) vi. All poles shall have a 30"x60" concrete footer. 1. ASTM C94 -Ready-mixed concrete. Normal Portland cement, 2500 PSI, 28 days, three (3) inch slump, 3/4" nominal sized coarse aggregate vii. All poles shall a maximum span 35' (thirty-five feet). c. Install new hardware (Commercial grade) i. All fence hardware shall be galvanized ii. %" hardware on all poles. iii. Guy hooks, steel, and anchors are to be galvanized. City of Boynton Beach 14 Bid No. 014-1211-18/IT Page 471 of 600 BID NO. 014-1211-18/IT REMOVAL, REPLACEMENT AND INSTALLATION OF FIELD NETTING AT LITTLE LEAGUE PARK SCOPE OF WORK (CONTINUED) d. Install new netting i. Netting shall extend 5' (five feet) beyond the height of the backstop. 1. Field 1 2. Field 2 ii. Netting shall extend 20' (twenty feet) above existing chain link fence. 1. Field 3 2. Field 4 iii. All netting shall be broken into sections, from pole to pole (max. pole span 35' (thirty-five feet). iv. All netting shall have a heavy duty top and bottom cable. Cable shall be a minimum of 3/16" v. Snap hooks to secure netting to cable shall be stainless, 2-3/8" in length. vi. All netting shall be jet-dyed all the way through, #36 x 1-7/8" twisted knotted square mesh nylon netting panels (min. 3401b tensile strength with a 3/8" solid rope border (min. 24401b tensile strength breaking strength). 5. Contractor will be responsible for ensuring that all employees are in compliance, at all times, with Terms, Conditions, and Specifications outlined in these bid specifications. Contractor will be responsible for obtaining all necessary permits, licenses, and/or registration cards, 1-9 Form (Employment Eligibility Verification) in compliance with all applicable federal, state, and local statues pertaining to services as specified including coordinating City issued photo ids, keys, access cards, and background checks through the contractor administrator. 6. Contractor will not be permitted to subcontract work under this contract unless written approval is granted by the City's contract administrator. The subcontractor, if approved, will be bound by the conditions of the contract between the City and the awarded contractor and will perform in accordance with all terms of the contract and specifications. All required notices, and directives, will be directed to the contractor. All direction given to the subcontractor on the work site will bind the contractor as if the notice had been given directly to the contractor. 7. This project must be completed within 120 days from issuance of Purchase Order. 8. Protection of People and Property: As this is an active viable City facility, all necessary precautions shall be exercised by the successful Bidder at all times for the protection of persons and property. The successful Bidder shall at all times, guard from damage or loss to property of the City or of other contractors and shall replace and/or repair any loss or damage unless such be caused by the City, or other contractors. The City reserves the right to hire a third party firm, under contract, to remediate damages caused by the successful Bidder, at the sole expense of the successful Bidder. The City may withhold payment or make such deductions, as it might deem necessary to insure reimbursement for loss or damage to property through negligence of the successful Bidder, its subcontractors, employees or agents. City of Boynton Beach 15 Bid No. 014-1211-18/IT Page 472 of 600 Attachment "A" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of`B+"or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor) The following is a list of types of insurance required of contractors,lessees, etc.,and the limits required by the City: (NOTE: This list is not all inclusive,and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv.Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50,000.00 Employees&Officers Med.Expense(any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only,Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease,Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ------------------------------------------------------------------------------------------------------------------------------------------- Other- As Risk Identified to be determined 16 Page 473 of 600 BIDDER ACKNOWLEDGEMENT Submit Bids To: PURCHASING SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 Bid Title: "REMOVAL, REPLACEMENT AND INSTALLATION OF FIELD NETTING AT LITTLE LEAGUE PARK" Bid Number: 014-1211-18/IT Bid Due: APRIL 17, 2018, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Purchasing Services unless specified otherwise and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Bidder: Federal I.D. Number: A Corporation of the State of: Area Code: Telephone Number: Area Code: FAX Number: Mailing Address: City/State/Zip: Vendor Mailing Date: E-Mail Address: Authorized Signature Name Typed THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 4774 of 600 MANDATORY SITE INSPECTION CONFIRMATION BID TITLE: REMOVAL, REPLACEMENT AND INSTALLATION OF FIELD NETTING AT LITTLE LEAGUE PARK BID NUMBER: 014-1211-18/IT DATE: as an authorized representative of: (Print Name and Title of Representative) (hereinafter called the bidder) located at (Print Name of Company) confirms that said Company Address Bidder has visited the site of the work and has carefully examined the plans and specifications for said project and checked them in detail before submitting his bid or proposal. SIGNATURE OF COMPANY DATE OF INSPECTION REPRESENTATIVE NAMED ABOVE s1l�U\�l �G, ��tikv f iSf �t 1vt9t" . iii r Y ,EPRES"k)" TIV �jP�It SI{�IiNATIRE,r�� C{NLS {;� }� jtt, IS Page 475 of 600 BID NO. 014-1211-18/IT REMOVAL, REPLACEMENT AND INSTALLATION OF FIELD NETTING AT LITTLE LEAGUE PARK BID FORM To: City of Boynton Beach, Florida The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for. In accordance with the General Conditions, Special Conditions, and Specifications and Requirements, the undersigned bidder offers the following: Basis of Award: It is the intent of the City to award to the lowest responsive and responsible bidder by total bid price. The City reserves the right to award optional items if determined to be in the City's best interest.Award of all items are subject to the availability of funds. ITEM DESCRIPTION OF SERVICES TOTAL LUMP NO. SUM PRICE 1 FIELD 1 — (Material) Furnish new field netting as per $ specifications. FIELD 1 — (Labor) All equipment, labor, supervision, hardware, $ 2. tools and incidentals to remove existing netting, wires, poles etc. and install new field netting as per specifications. 3 FIELD 2 — (Material) Furnish new field netting as per $ specifications. FIELD 2 — (Labor) All equipment, labor, supervision, hardware, $ 4. tools and incidentals to remove existing netting, wires, poles etc. and install new field netting as per specifications. FIELD 3 — (Material) Furnish new field netting as per 5. specifications. $ FIELD 3 — (Labor) All equipment, labor, supervision, hardware, $ 6. tools and incidentals to remove existing netting, wires, poles etc. and install new field netting as per specifications. 7 FIELD 4 — (Material) Furnish new field netting as per $ specifications. FIELD 4 — (Labor) All equipment, labor, supervision, hardware, $ 8. tools and incidentals to remove existing netting, wires, poles etc. and install new field netting as per specifications. TOTAL—ALL LABOR, MATERIALS, EQUIPMENT FOR ALL FOUR(4) $ FIELDS: THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 19 Page 476 of 600 BID NO. 014-1211-18/IT REMOVAL, REPLACEMENT AND INSTALLATION OF FIELD NETTING AT LITTLE LEAGUE PARK BID FORM (CONTINUED) OPTIONAL ITEMS: ITEM DESCRIPTION OF SERVICES UNIT PRICE ESTIMATED TOTAL PRICE NO. QUANTITY Optional labor cost per hour for OPT additional work not covered in this 1 turnkey project cost and discovered $ 5 HRS $ during implementation. Optional discount off of Manufacturer's Suggested Retail OPT price for additional materials not % $1,000.00 2 included in the turnkey project cost and discovered during implementation. COMPANY NAME SIGNATURE OF AUTHORIZED OFFICIAL PRINTED NAME OF AUTHORIZED OFFICIAL TELEPHONE NUMBER TITLE FAX NUMBER E-MAIL ADDRESS THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 20 Page 477 of 600 BID BOND STATE OF FLORIDA ) COUNTY OF PALM BEACH ) KNOW ALL MEN BY THESE PRESENTS, that as Principal, and as Surety, authorized to do business in the State of Florida are held and firmly bound unto the Owner, City of Boynton Beach in the penal sum of Dollars ($ ) lawful money of the United States, for the payment of which sum will and truly to be made, we bond ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated , 2018 for: REMOVAL, REPLACEMENT AND INSTALLATION OF FIELD NETTING AT LITTLE LEAGUE PARK BID No. 014-1211-18/IT NOW THEREFORE, A. If the principal shall not withdraw said Bid within ninety (90) days after date of opening of the same, and shall within ten (10) days after the prescribed forms are presented to him for signature, enter into a written Contract with the Owner in accordance with the Bid as accepted, and give bonds with goods and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. B. In the event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bonds within the time specified, if the principal shall pay the Owner the difference between the amount specified in said Bid and the amount for which the Owner may procure the required work and supplies, if the latter amount be in excess of the former then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. C. This bond is given to comply with Section 255.05 Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 21 Page 478 of 600 IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals, this day of , being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of is governing body. WITNESS: (If Sole Ownership or Partnership, two (2)Witnesses required). (If Corporation, Secretary only will attest and affix seal). PRINCIPAL: Name of Firm WITNESS: Signature of Authorized Officer (affixed seal) Title Business Address City and State SURETY: Corporate Surety WITNESS: Attorney-in-fact (affix seal) Business Address City State Name of Local Insurance Agency THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 22 Page 479 of 600 CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the Corporation named as Principal in the within bond; that who signed the said Bid Bond on behalf of the Principal, was then of said Corporation; that I know has signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary (corporate seal) STATE OF FLORIDA ) COUNTY OF PALM BEACH ) Before me, a Notary Public duly commissioned, qualified and acting, personally appeared to me well known, who being by me first duly sworn upon oath, says that he is the Attorney-in-Fact, for the and that he has been authorized by to execute the foregoing bond on behalf of the Contractor named therein in favor for the Owner, the City of Boynton Beach. THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 23 Page 480 of 600 NON COLLUSION AFFIDAVIT OF PRIME BIDDER State of ) County of ) being first duly sworn, deposes and says that: 1) He is of (Title) (Name of Corporation or Firm) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Subscribed and sworn to before me (Title) This day of , 20 My commission expires THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 24 Page 481 of 600 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: NAME - SIGNATURE Sworn and subscribed before me this day of 120 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 482 of 600 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 483 of 600 CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Vendor's Signature 27 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 484 of 600 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. CONTRACTOR NAME By Title: Date: 28 Page 485 of 600 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION I, , the of (Name of officer of company) (Title of officer of company) , located at (Name of Corporation/Company) (Business Address) Certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS: 1. Is the business located within the City limits YES NO Number of Years: of Boynton Beach, Florida? 2. Does the business have a business tax YES NO Business License receipt issued in the current year? Number: 3. Is the business registered with the Florida YES NO Division of Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. Print Name: Signature: ***FOR PURCHASING USE ONLY*** Business License ❑ Year Established: ❑ Active: Verified by: Date: 29 Page 486 of 600 STATEMENT OF NO BID If you are not bidding this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to bid on your Bid No.: 014-1211-18/IT to "REMOVAL, REPLACEMENT AND INSTALLATION OF FIELD NETTING AT LITTLE LEAGUE PARK" because of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS: 30 Page 487 of 600 ATTACHMENT A - LITTLE LEAGUE PARK NETTING LOCATION St Lu IG�r � t ! m; he CL Lu Lu ! 31 Page 488 of 600 The City of Boynton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P. O. Box 310 4., Boynton Beach,Florida 33425-0310 Telephone: (561)742-6310 FAX: (561)742-6316 ADDENDUM No. 1 DATE: April 10, 2018 BID TITLE: REMOVAL, REPLACEMENT AND INSTALLATION OF FIELD NETTING AT LITTLE LEAGUE PARK BID NO.: 014-1211-18/IT This addendum to the drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original Bid specifications and proposal form and is hereby declared a part of the original drawings, specifications and/or contract documents. In case of a conflict, this Addendum No. 1 shall govern. Words in strikethreug4 type are deletions from existing text. Words in bold, underlined type are additions to existing text. 1. The bid opening date remains as April 17, 2018 at 2:30 PM. The location remains unchanged. 2. Refer to the Scope of Work, Item 4 is revised as follows: "4. The new fence shall be installed per the 2017 Florida Building Code, 61h Edition or most current and any County and/or local laws, ordinances, codes and regulations. a. Existing netting poles, netting, wire, and hardware. i. Existing poles that support the existing netting that are part of the existing chain link fence shall be cut to match the existing chain link fence pole height and capped. ii. Existing poles to be removed may be cut to 6" below grade unless they will interfere with the new pole installation, then they shall be removed from the ground. iii. Existing netting, cable, hooks shall be removed and disposed. b. Install new poles i. All poles shall be commercial grade 6-5/8" in diameter, SCH 40. ii. A pole shall be placed on each side of the dugout. iii. All poles shall be placed on the outside of the existing chain link fence. iv. All poles shall have secured caps. v. All poles shall be in-ground at a depth of no less than 5' (60 inches) vi. All poles shall have a 30"x60" concrete footer. 1. ASTM C94 -Ready-mixed concrete. Normal Portland cement, 2500 PSI, 28 days, three (3) inch slump, 3/4" nominal sized 1 Page 489 of 600 coarse aggregate vii. All poles shall a maximum span 35' (thirty-five feet). viii. Install new gates and overhead transoms on Field 1 and 2, (total of 4). New gates shall match existing except to have a height of 8'. See revised Attachment "A" notes 1 and 2. c. Install new hardware (Commercial grade) i. All fence hardware shall be galvanized ii. V hardware on all poles. iii. Guy hooks, steel, and anchors are to be galvanized. d. Install new netting i. Netting shall extend 5' (five feet) beyond the height of the backstop. 1. Field 1 2. Field 2 ii. Netting shall extend 20' (twenty feet) above existing chain link fence. 1. Field 3 2. Field 4 iii. All netting shall be broken into sections, from pole to pole (max. pole span 35' (thirty-five feet). iv. All netting shall have a heavy duty top and bottom cable. Cable shall be a minimum of 3/16" v. Snap hooks to secure netting to cable shall be stainless, 2-3/8" in length. vi. All netting shall be jet-dyed all the way through, #36 x 1-7/8" twisted knotted square mesh nylon netting panels (min. 3401b tensile strength with a 3/8" solid rope border (min. 24401b tensile strength breaking strength). vii. All netting shall be secured to the top and bottom cables using snap hooks, one edge of the netting shall be permanently secured to pole." 3. Attachment "A" is revised and is attached to this Addendum. 4. The following questions were submitted at the pre-bid conference/site visit or prior to the deadline and are hereby provided and responded to below: Q1: Are we going to install 2 new walk gates with an overhead transoms? Al: The Scope of Work is revised per this Addendum. See revised Scope of Work 4.b. Q2. Do we include engineering costs into our labor cost or is this a separate cost? A2: The prices submitted must be all-inclusive. Include any engineering costs that may be required in the prices submitted. Do not alter the bid form in anyway (i.e. write in a separate line, add a note) as your bid may be deemed as non-responsive. 2 Page 490 of 600 Q3: In regards to the netting being retractable, are we using the 2 3/8" stainless steel snap hooks on the top, bottom, as well as both sides of the netting? Or are we using the snap hooks on 3 sides and making 1 side permanent? If we are to make one side permanent can we use steel galvanized hog rings. A3: The Scope of Work has been revised per this Addendum. See revised Scope of Work 4.d. Q4: Scope of work calls for netting to be 5' beyond height of backstop for field number 1 and 2, also scope of work says 20' above chain link field 3 and 4, I just want to clarify, are we are going 20' above all chain link fences on all 4 fields and only going Stall above fence on fields above back stops? A4: See Scope of Work 4.d.i .1, 4.d.i.2, 4.d.ii.1, and 4.d.ii.2. Fields 1 and 2 the netting shall be 5' beyond height of backstop. Fields 3 and 4 the netting shall be 20' above existing chain link fence. Q5: Do you want all posts evenly spaced or would you rather all posts be spaced 35' apart and then at the end of a run we have a short section? A5: See Scope of Work 4.b.ii and 4.b.iii. Sincerely, Tim W. Howard Assistant City Manager -Administration Director of Financial Services cc: Finance/Procurement 3 Page 491 of 600 The City of Boynton Beach Finance/Procurement Services 100 E.Boynton Beach Boulevard P. O.Box 310 Boynton Beach,Florida 33425-0310 Telephone: (561) 742-6310 FAX.- (561) 742-6316 ACKNOWLEDGEMENT OF ADDENDUM No. 1 REMOVAL, REPLACEMENT AND INSTALLATION OF FIELD NETTING AT LITTLE LEAGUE PARK BID NO.: 014-1211-18/IT RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM NO. 1 WITH BID PACKAGE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. PRINT NAME OF REPRESENTATIVE SIGNATURE OF REPRESENTATIVE NAME OF COMPANY DATE 4 Page 492 of 600 1.Q � � - � Q Q rm n .+ m CD Q Oo r � Q ,0 (D 0 00 � 6 �• CD CD 1'1'1 CD Q Ccn0 Q � O CD cn O 3 1'17 O Q r cn O O v _ rF O N mt f 1 �d S fr r-r CO � � r o x 0� X In u; D CD :3 � 5 O 00 _0 4 O Q N a0 Z - n = m 3 �I Z age o 8.A. PUBLIC HEARING 5/1/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-005 - SECOND READING - Approve Telecommunications in Public Rights-of-Way (CDRV 18-001) - Amending Part II Code of Ordinances Chapter 25.1 Communications Facilities in Right-of-Way for consistency with the State's Advanced Wireless Infrastructure Deployment Act. City-initiated. (Tabled to May 1, 2018) EXPLANATION OF REQUEST: The Florida legislature adopted the Advanced Wireless Infrastructure Deployment Act effective July 1, 2017 that revised regulations applicable to communications facilities in the public rights-of-way. The proposed amendments are to Chapter 25.1 of Part I I of the Code of Ordinances. Staff has simultaneously prepared related amendments to Chapter 3 of Part I11. Land Development Regulations, to maintain consistency with the proposed amendments to Chapter 25.1. The proposed amendments to Chapter 3 also include provisions for amateur radio towers and antennas to ensure compliance with requirements and restrictions of the Federal Communications Commission (FCC). The amendments to Chapter 3 are now being processed under a separate ordinance, and will soon return to the Commission for consideration. The proposed code revisions establish uniform standards and guidelines for the siting, design, and permitting of communication towers, communication antennas, and wireless communication facilities sited within public rights-of-way, and establish review procedures to ensure that applications for same are acted upon consistent with state and federal laws. The recommended amendments also seek to minimize visual and other impacts of wireless communication facilities on surrounding areas by establishing standards for location, design, landscape screening, and compatibility. Following First Reading of the Ordinance, and receipt of feedback from representatives for certain communications and telecommunications companies, staff made additional revisions to the proposed regulations taking into consideration the comments from others while maintaining compliance with and/or furthering the intent of the Act. Second Reading for this item was tabled at the April 17th hearing to allow additional time for staff to review last minute comments received from Verizon and T-Mobile, and draft any warranted changes. Staff forwards this item to the Commission for Second Reading with changes to the proposed ordinance, involving Sections 25.1-6(8)(b)(10) and 25.1-6(12)(b)(1). The changes involve the application submittal requirements for a tower in the right-of-way, and the restriction on the size of an antenna and potential conflict with State Law. Specifically, the first change would eliminate the requirement for photographs showing site conditions and conditions of adjacent properties, and only require the "graphic depictions and or simulated renderings" as required in sub-paragraph (10)(b) if the tower is not meeting the stealth standards, by placing this requirement under Section 25.1-6(12)(b). This same section would also be edited with appropriate wording indicating the specific intent of the sub-section to not conflict with the size allowance of State Law HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A Page 494 of 600 ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance D Exhibit Exhibit A D Staff Report Staff Report Page 495 of 600 I ORDINANCE NO. 18- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING CHAPTER 25.1, OF THE CITY CODE REGARDING 5 COMMUNICATIONS FACILITIES IN THE PUBLIC RIGHTS-OF- 6 WAY; IMPLEMENTING THE ADVANCED WIRELESS 7 INFRASTRUCTURE DEPLOYMENT ACT; MAKING FACTUAL AND 8 LEGISLATIVE FINDINGS; ADOPTING AND AMENDING CITY 9 REGULATIONS RELATED TO, WITHOUT LIMITATION, 10 PLACEMENT, MAINTENANCE, AND REPLACEMENT OF 11 WIRELESS AND OTHER COMMUNICATIONS FACILITIES IN THE 12 CITY'S RIGHTS-OF-WAY, COLLOCATION OF SMALL WIRELESS 13 FACILITIES ON EXISTING UTILITY POLES, PLACEMENT OF NEW 14 UTILITY POLES, INSURANCE AND SURETY BOND 15 REQUIREMENTS, PERMITTING PROCEDURES AND 16 REQUIREMENTS, APPEALS, SAFETY REQUIREMENTS, WAIVERS, 17 REVIEW DEADLINES, DEFINITIONS, REGISTRATION OF 18 COMMUNICATIONS SERVICE PROVIDERS, AND FEES; 19 PROVIDING OBJECTIVE DESIGN STANDARDS; PROVIDING FOR 20 CITY COMMISSION AUTHORITY, CODIFICATION, 21 SEVERABILITY, CONFLICTS,AND AN EFFECTIVE DATE. 22 23 WHEREAS,the Florida Legislature adopted, and on June 23,2017 the governor signed 24 into law, effective July 1, 2017, the Advanced Wireless Infrastructure Deployment Act (the 25 "Act"), codified at Florida Statutes § 337.401, which places certain limitations on local 26 government authority to regulate wireless communications facilities within the public rights- 27 of-way; and 28 29 WHEREAS, the Act provides at Florida Statutes § 337.401(7)(d) that, "Except as 30 provided in this subsection, an authority may not prohibit,regulate, or charge for the collocation 31 of small wireless facilities in the public rights-of-way;" and 32 33 WHEREAS,passage of the Act necessitates that the City amend the City Code in order 34 to implement the Act, ensure that the City's regulations governing wireless communications 35 facilities in the rights-of-way are consistent therewith, and to adopt new regulations as are 36 consistent with the Act; and 37 38 WHEREAS, the Act at Florida. Statutes § 337.401(7)(b)2. authorizes local 39 governments to adopt various types of regulations governing wireless facilities in the rights-of- 40 way, including but not limited to "objective design standards" that may require wireless 41 facilities to "meet reasonable location context, color, stealth, and concealment requirements," 42 and "reasonable spacing and location requirements concerning the location of ground-mounted 43 equipment"; (aesthetics, landscaping, land use based location priorities, structural design, 44 and setbacks). 45 t00224998.1 306-9001821} C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\OODB9E40-6D8A-4D17-9165-683642BBF853\Boynton Beach.10275.1.Telecommunications.Docx Page 496 of 600 46 WHEREAS,the Act substantially preserves local government authority to regulate the 47 installation of new utility poles in the public rights-of-way, providing at Florida Statutes § 48 337.401(7)(d)6. that, "Except as provided in subparagraphs 4 and 5, the installation of a utility 49 pole in the public rights-of-way designed to support a small wireless facility shall be subject to 50 authority rules or regulations governing the placement of utility poles in the public rights-of- 51 way and shall be subject to the application review timeframes in this subsection"; and 52 53 WHEREAS, the Act at Florida Statutes § 337.401(7)(b)5. does not apply to wireless 54 facilities on rights-of- way under the jurisdiction and control of the Florida Department of 55 Transportation; and 56 57 WHEREAS, the Act at Florida Statutes § 337.401(7)(k) does not authorize wireless 58 facilities on rights-of- way in historic areas designated by the state or local government, and 59 "does not limit a local government's authority to enforce historic preservation zoning 60 regulations consistent with the preservation of local zoning authority under 47 U.S.C. § 61 332(c)(7),the requirement for facility modifications under 47 U.S.C. § 1455(a), or the National 62 Historic Preservation Act of 1966, as amended, and the regulations adopted to implement such 63 laws"; and 64 65 WHEREAS, the Act authorizes a municipality to adopt by ordinance reasonable and 66 nondiscriminatory provisions for insurance coverage, indemnification, performance bonds, 67 security funds, force majeure, abandonment, authority liability, or authority warranties; and 68 69 WHEREAS, the Florida Supreme Court held unanimously in City of Hollywood v. 70 Mulligan, 934 So. 2d 1238, 1243 (Fla. 2006), that Article VIII, section 2(b) of the Florida 71 Constitution and the Home Rule Powers Act, Florida Statutes § 166.021(3)(c), grant 72 municipalities "broad authority to enact ordinances under its municipal home rule powers" and 73 that "[ a ]nder its broad home rule powers, a municipality may legislate concurrently with the 74 Legislature on any subject which has not been expressly preempted to the State"; and 75 76 WHEREAS, the Florida Supreme Court recognized on June 22, 2017, in D 'Agastino 77 v. City ofMiami(No. SC 16-645),that "a finding of express preemption-that the Legislature has 78 specifically expressed its intent to preempt a subject through an explicit statement-is a very high 79 threshold to meet" and that "implied preemption involving a municipality's home rule powers 80 may be disfavored"; and 81 82 WHEREAS, the D 'Agastino Court held that one "must be careful and mindful in 83 attempting to impute intent to the Legislature to preclude a local elected governing body from 84 exercising its home rule powers," with Justice Pariente correctly explaining that "implied 85 preemption should be construed narrowly to comport with the Home Rule Powers Act and the 86 Florida Constitution"; and 87 88 WHEREAS,the Federal Telecommunications Act, 47 U.S.C. § 332(c)(7)(A)preserves 89 local zoning authority with respect to "decisions regarding the placement, construction, and 90 modification of wireless service facilities"; and 91 t00224998.1 306-9001821} C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\OODB9E40-6D8A-4D17-9165-683642BBF853\Boynton Beach.10275.1.Telecommunications.Docx Page 497 of 600 92 WHEREAS, the City of Boynton Beach has a substantial and significant public 93 interest in regulating the siting of communication towers, communication antennas, and 94 wireless communication facilities to promote the public health, safety, aesthetics, and general 95 welfare; and 96 97 WHEREAS, the City of Boynton Beach has a substantial and significant public 98 interest in protecting residential areas and land uses from potential adverse impacts of 99 communication towers, communication antennas, and wireless communication facilities; and 100 101 WHEREAS, such public interest extends to protecting, preserving and maintaining 102 the health, safety and welfare of the users of the public rights-of-way, while also protecting, 103 preserving and maintaining the aesthetic character of areas where such rights- of-way exist; 104 and 105 106 WHEREAS, the City of B o y n t o n B e a c h desires to avoid potential damage to 107 adjacent properties from tower or wireless communication facility failure through engineering 108 and careful siting; and 109 110 WHEREAS,the City finds that this Ordinance will advance the public health, safety, 111 and welfare, and help to preserve the unique and extraordinary aesthetic qualities of the City, 112 all within the bounds of the Act and other state and federal laws governing communications 113 facilities. 114 115 NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION OF THE 116 CITY OF BOYNTON BEACH, FLORIDA as follows: 117 118 119 SECTION 1. Recitals. The foregoing recitals are hereby ratified and confirmed as being true 120 and correct and are hereby made a part of this Ordinance. 121 122 SECTION 2. Amendment of City Code. Part 11, "Code of Ordinances", Chapter 25.1, 123 "Communications Rights-of-Way", of the City of Boynton Beach Code of Ordinances be, and 124 the same are hereby amended as provided in Exhibit"A", which is attached to this Ordinance, 125 and hereby incorporated by reference (words that are stricken out are deletions; words that are 126 underlined are additions).' 127 128 SECTION 3. Codification and Reservation of Rights. This Ordinance shall be incorporated 129 into the Boynton Beach City Code. Any section, paragraph number, letter and/or any heading 130 may be changed or modified as necessary to effectuate the foregoing. Grammatical, 131 typographical and similar or like errors may be corrected, and additions, alterations, and 132 omissions not affecting the construction or meaning of this ordinance and the City Code may 133 be freely made. Adoption and codification of this ordinance does not waive the city's right to 134 contest or otherwise challenge the constitutionality validity, enforceability, and effectiveness 135 of the Act or any part thereof and the city hereby reserves the right to contest and otherwise 136 challenge the Act. 1 Revisions made for second reading of ordinance. t00224998.1 306-9001821} C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\OODB9E40-6D8A-4D17-9165-683642BBF853\Boynton Beach.10275.1.Telecommunications.Docx Page 498 of 600 137 138 SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word or 139 provision of this ordinance is for any reason held invalid or unconstitutional by any court of 140 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 141 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 142 the validity of the remaining portions of this ordinance. 143 144 SECTION 5. Conflicts. In the event of a conflict or conflicts between this Ordinance and any 145 other ordinance or provision of law, this Ordinance controls to the extent of the conflict, as 146 allowable under the law. 147 148 SECTION 6. Effective date. This Ordinance shall become effective immediately upon 149 adoption by the City Commission of the City of Boynton Beach, Florida, and shall apply to all 150 existing and future applications for permits. 151 152 FIRST READING this day of 2018. 153 154 t00224998.1 306-9001821} C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\OODB9E40-6D8A-4D17-9165-683642BBF853\Boynton Beach.10275.1.Telecommunications.Docx Page 499 of 600 155 SECOND, FINAL READING AND PASSAGE this day of 156 2018. 157 158 CITY OF BOYNTON BEACH, FLORIDA 159 160 YES NO 161 162 Mayor— Steven B. Grant 163 164 Vice Mayor— Christina L. Romelus 165 166 Commissioner—Mack McCray 167 168 Commissioner—Justin Katz 169 170 Commissioner—Joe Casello 171 172 173 VOTE 174 ATTEST: 175 176 177 178 Judith A. Pyle, CMC 179 City Clerk 180 181 182 183 (Corporate Seal) 184 {00224998.1 306-9001821} C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\OODB9E40-6D8A-4D17-9165-683642BBF853\Boynton Beach.10275.1.Telecommunications.Docx Page 500 of 600 PART II. CODE OF ORDINANCES CHAPTER 25.1 - COMMUNICATIONS RIGHTS-OF-WAY Sec. 25.1-1 Title. This Chapter shall be known and may be cited as the City of Boynton Beach Communications Facilities in Public Rights-of Way Ordinance. Sec. 25.1-2. Intent and Purpose; Applicability to State-controlled Rights-of-Way. Intent and purpose. It is the intent of the city to promote the public health, safety and general welfare by: (a) providing for the placement or maintenance of communications facilities in the public rights-of-way within the city; (b) adopting and administering reasonable rules and regulations not inconsistent with state and federal law, including Florida Statutes § 337.401 as it may may be amended by the Advanced Wireless Deployment Act, the city's home-rule authority, and in accordance with the provisions of the Federal Telecommunications Act of 1996 and other federal and state law; (c) establishing reasonable rules and regulations necessary to manage the placement or maintenance of communications facilities in the public rights-of-way by all communications services providers; (d) protecting the city's unique and extraordinary aesthetic qualities; and (e) minimizing disruption to the public rights-of-way. In regulating its public rights- of-way, the city shall be governed by and shall comply with all applicable federal and state laws. State-controlled rights-of-way. This chapter shall apply to wireless and communications facilities in public rights-of-way under the control and jurisdiction of the city. This article shall also apply to wireless and communications facilities in public rights-of-way under the control and jurisdiction of the Florida Department of Transportation, provided that the City is authorized to apply this article under a permit-delegation agreement between the city and Department in accordance with F.S. � 337.4010)(a), or as otherwise provided by law. Sec. 25.1-3. Definitions. (1) Generally. For purposes of this chapter, the following terms, phrases, words and their abbreviations and derivations shall have the meaning given herein, unless otherwise expressly stated. When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number; and words in the singular number include the plural number; and the masculine gender includes the feminine gender. "And" and "or" may be read conjunctively or disjunctively. The words "shall" and "will" are mandatory, and "may" is permissive. Unless otherwise expressly stated, words not defined in this chapter shall be given the meaning set forth in Title 47 of the United States Code, and, if not defined therein, their common and ordinary meaning. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority. If specific provisions of law referred to herein are renumbered, then the reference shall be read to refer to the renumbered provision. References to laws, ordinances or regulations shall be interpreted broadly to cover government actions, however nominated, and include laws, ordinances and regulations now in force or hereinafter enacted or amended. (2) Definitions: Abandonment shall mean the permanent cessation of all uses of a communications facility; provided that this term shall not include cessation of all use of a facility within a physical structure where the physical structure continues to be used. For example, cessation of all use of a cable {00225062.2306-9001821} Page 1 of 32 Page 501 of 600 within a conduit, where the conduit continues to be used, shall not be Abandonment of a facility in public rights-of-way. Antenna means any transmitting or receiving device mounted on, within, or incorporated into a or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), light, wireless telecommunications signals or other communication signals. For the purposes of this , the term "antenna" does not include any device designed for over-the-air reception of radio or television broadcast signals, or multi-channel multi-point distribution service. Applicable codes means uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization and the Florida Building Code and the Florida Fire Prevention Code and or local amendments to those codes enacted to address building, accessibility and fire code standards and threats of destruction of property or injury to persons, or local codes or ordinances adopted to implement this subsection. The term includes objective design standards adopted by ordinance that may require a small wireless facility to meet reasonable location context, color, stealth, and concealment requirements. The term also includes objective design standards adopted by ordinance that may require a new utility pole that replaces an existing utility pole to be of substantially similar design, material, and color or that may require reasonable spacing requirements concerning the location of ground-mounted equipment. Applicant means the person registering and applying to locate wireless facilities in the right-of- way of the city and includes the applicant's successors-in-interest and anyone owning and maintaining the wireless facilities. Application means a request submitted by an application to an authority for a permit to place or co-locate wireless facilities. Authority means a county or municipality having jurisdiction and control of the public rights-of-way of any public road. City shall mean the City of Boynton Beach, Florida. Where appropriate, the word "City" may refer to the City Commission or the relevant City officer or Board considering an application under this chapter. City-owned real property means real property to which the city holds title, easement, or a leasehold interest, but does not include the public rights-of-way. City-owned facility or city-owned structure means any facility, structure or infrastructure to which the city holds title, easement, or a leasehold interest, including, but not limited to, communications facilities, utility poles, towers, buildings, and communications infrastructure, regardless of whether located within or outside the public rights-of-way. Cluttered shall mean placement in a confused, disordered, disorganized, or mumbled or crowded state, which can occur when too much is located in too small of an area given the reasonable location context. Collocation means to install, mount, maintain modify, operate, or replace one or more wireless facilities on, under, within, or adjacent to a wireless support structure or utility pole. The term does {00225062.2306-9001821} Page 2 of 32 Page 502 of 600 not include the installation of a new utility pole or wireless support structure in the public rights- of-way. Communications Services shall mean the transmission, conveyance or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points, by or through any electronic, radio, satellite, cable, optical, microwave, or other medium or method now in existence or hereafter devised, regardless of the protocol used for such transmission or conveyance. Communications Services Provider shall mean any person, including a municipality or county, providing communications services through the placement or maintenance of a communications facility in public rights-of-way. Communications Services Provider shall also include any person, including a municipality or county, that places or maintains a communications facility in public rights-of-way but does not provide communications services. Communications FacilityLlesj or Facility or SystemLsj shall mean any permanent or temporary physical plant, equipment and property, including, but not limited to, cables,wires, conduits, ducts, fiber optics, poles, antennae, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface location markers, appurtenances, and other equipment or pathway placed or maintained or to be placed or maintained in the public rights-of-way of the city and used or capable of being used to transmit, convey, route, receive, distribute, provide or offer communications services. The term includes wireless facilities. Concealed means an ancillary structure, equipment compound, or communications facility or area (collectively "physical improvements") that is not readily identifiable as such, and is designed to be aesthetically compatible with existing and proposed building(s) and uses on and adjacent to the proposed location of such physical improvements. FCC shall mean the Federal Communications Commission. In Public Rights-of-Way or in the Public Rights-of-Way shall mean in, on, over, under or across the public rights-of-way. Maintain shall mean to exercise physical control over a wireless facility in the public rights-of-way, including ownership or the right to maintain and repair. A person providing service only through resale or only through use of a third party's unbundled network elements is not "maintaining' the wireless facilities through which such service is provided. The transmission and receipt of radio frequency signals through the airspace of the public rights-of-way does not constitute "maintaining" facilities in the public rights-of-way. Micro wireless facility means a small wireless facility having dimensions no larger than 24 inches in length, 15 inches in width, and 12 inches in height and an exterior antenna, if any, no longer than 11 inches. Ordinance shall mean this Ordinance. Pass-through provider means any person who, upon registering with the city, places or maintains a communications facility in the city's rights-of-way and that does not remit communications service taxes as imposed by the city pursuant to Florida Statutes Ch. 202. {00225062.2306-9001821} Page 3 of 32 Page 503 of 600 Permit means the public rights-of-way permit that must be obtained before a person may construct in the public rights-of-way and shall include, but not be limited to, the City's public rights-of-way engineering and construction permits issued by the City Engineer or his or her designee. Person shall include any individual, child, firm, association,joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, organization or legal entity of any kind, successor, assignee, transferee, personal representative, all other groups or combinations, and shall include the city to the extent the city acts as a communications services provider. Place or maintain or placement or maintenance or placing or maintaining shall mean to erect, construct, install, maintain, grade, excavate, place, repair, extend, replace, expand, remove, occupy, locate or relocate. A communications services provider that owns or exercises physical control over communications facilities in public rights-of-way, such as the physical control to maintain and repair, is placing or maintaining the facilities. A party providing service only through resale or only through use of a third party's unbundled network elements is not placing or maintaining the communications facilities through which such service is provided. The transmission and receipt of radio frequency signals through the airspace of the public rights-of- way does not constitute placing or maintaining facilities in the public rights-of-way. Pole Attachment means any attachment of a wireless facility by a wireless provider to an existing utility pole or structure utilized for electric, telephone, cable television, street lights, or other lighting, and other utilities. Public Rights-of-Way shall mean a public right-of-way, public utility easement, public highway, street, lane, bridge, sidewalk, road,waterway, tunnel, alley, or similar property regardless of which governmental entity has jurisdiction and control over such for which the city is the authority that has jurisdiction and control and may lawfully grant access to such property pursuant to applicable law, and includes the surface, the air space over the surface and the area below the surface to the extent the city holds a property interest therein. Public Rights-of-Way shall not include private property. Public Rights-of-Way shall not include any real or personal city property except as described above and shall not include city buildings, fixtures, poles, conduits, facilities or other structures or improvements, regardless of whether they are situated in the public rights-of-way. No reference herein, or in any permit, to public rights-of-way shall be deemed to be a representation or guarantee by the city that its interest o9r other right to control the use of such property is sufficient to permit its use for such purposes, and a registrant shall be deemed to gain only those rights to use as are properly in the city and as the city may have the undisputed right and power to give. Registrant shall mean a communications services provider or other person that has registered with the city in accordance with the provisions of this chapter. Registration or Register shall mean the process described in this chapter whereby a communications services provider provides certain information to the city. Small wireless facility or small wireless facilities means a wireless facility that meets the following qualifications: (a) Each antenna associated with the facility is located inside an enclosure of no more than 6 cubic feet in volume or, in the case of antennas that have exposed elements, each antenna and all of its exposed elements could fit within an enclosure of no more than 6 cubic feet in volume: and {00225062.2306-9001821} Page 4 of 32 Page 504 of 600 (b) All other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, ground-based enclosures, grounding equipment, power transfer switches, cutoff switches, vertical cable runs for the connection of power and other services, and utility poles or other support structures. Stealth design means a method of camouflaging any antenna, wireless facilities, or other ancillary supporting communications facility, including, but not limited to, supporting electrical, optical, or mechanical, or other equipment, which enhances compatibility with adjacent land uses and which is visually and aurally unobtrusive. Stealth design may include a repurposed structure. Utility pole means a pole or similar structure that is used in whole or in part to provide communications services or for electric distribution, street lights or other lighting, cable television, traffic control, signage, or a similar function. The term includes the vertical support structure for traffic lights but does not include a horizontal structure to which signal lights or other traffic control devices are attached and does not include a pole or similar structure 15 feet in height or less unless an authority grants a waiver for such. Wireless facility or wireless facilities means equipment at a fixed location which enables wireless communications between user equipment and a communications network, including radio transceivers, antennas, distributed antenna systems ("DAS"), wires, coaxial or fiber-optic cable or other cables, regular and backup power supplies, and comparable equipment, regardless of technological configuration, and equipment associated with wireless communications. The term includes small wireless facilities and micro wireless facilities. The term does not include: (a) The structure or improvements on, under, within, or adjacent to the structure on which the equipment is collocated; (b) Wireline backhaul facilities; or (c) Coaxial or fiber-optic cable that is between wireless structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna. Wireless infrastructure provider means a person who has been certificated to provide telecommunications service in the state and who builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures but is not a wireless services provider. Wireless provider means a wireless infrastructure provider or a wireless services provider. Wireless services means any services provided using licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities. Wireless services provider means a person who provides wireless services. Wireless support structure means a freestanding structure, such as a monopole, a guyed or self- supporting tower, or another existing or proposed structure designed to support or capable of supporting wireless facilities. The term does not include a utility pole. {00225062.2306-9001821} Page 5 of 32 Page 505 of 600 Sec. 25.1-4. Registration for Placing or Maintaining Communications Facilities in Public Rights-of-Way. (1) A communications services provider that desires to place or maintain a communication facility in public rights-of-way in the city shall first register with the city in accordance with this chapter. Subject to the terms and conditions prescribed in this chapter, a registrant may place or maintain a communication facility in public rights-of-way. A communications services provider with an existing communications facility in the public rights-of- way of the city as of the effective date of this ordinance shall comply with this chapter's registration requirements within sixty(60) days from the effective date of this chapter, or be in violation thereof. (2) A registration shall not convey any title, equitable or legal, to the registrant in the public rights-of-way. Registration under this chapter governs only the placement or maintenance of communications facilities in public rights-of-way. Other ordinances, codes or regulations may apply to the placement or maintenance in the public rights-of-way of facilities that are not communications facilities. Registration does not excuse a communications services provider from obtaining appropriate access or pole attachment agreements before locating its facilities on the city's or another person's facilities. Registration does not excuse a communications services provider from complying with all applicable city ordinances, codes or regulations, or submitting right-of-way permit applications, including this chapter. (3) Each communications services provider that desires to place or maintain a communication facility in public rights-of-way in the city shall file a single registration with the city which shall include the following information: (a) Name of the applicant; (b) Name, address, email address, and telephone number of the applicant's primary contact person in connection with the registration, and the person to contact in case of an emergency; (c) Evidence of the insurance coverage required under this chapter and acknowledgement that registrant has received and reviewed a copy of this chapter, which acknowledgment shall not be deemed an agreement; (d) A copy of the applicant's certificate of authorization or license to provide communications services issued by the Florida Public Service Commission, the Federal Communications Commission, or other federal or state authority, if any; (e) For an applicant that does not provide a Florida Public Service Commission certificate of authorization number, if the applicant or registrant is a corporation or limited liability company, proof of authority to do business in the State of Florida, including the number of the certificate of incorporation; (4) The Utilities and Engineering Departments shall review the information submitted by the applicant. If the applicant submits information in accordance with subsection (3) above, the registration shall be effective and the city shall notify the applicant of the effectiveness of registration in writing. If the city determines that the information has not been submitted in {00225062.2306-9001821} Page 6 of 32 Page 506 of 600 accordance with subsection (3) above, the city shall notify the applicant of the non-effectiveness of registration, and reasons for the non-effectiveness, in writing. The city shall so reply to an applicant within thirty (30) days after receipt of registration information from the applicant. Non- effectiveness of registration shall not preclude an applicant from filing subsequent applications for registration under the provisions of this section. (5) Cancellation of Registration. A registrant may cancel a registration upon written notice to the city stating that it will no longer place or maintain any communications facilities in public rights-of- way within the city and will no longer need to obtain permits to perform work in public rights-of- way. A registrant cannot cancel a registration if the registrant continues to place or maintain any communications facilities in public rights-of-way. (6) Limited Rights conferred by Registration. Registration shall not in itself establish any right to place or maintain or priority for the placement or maintenance of a communication facility in public rights-of-way within the city, but shall establish for the registrant a right to apply for a permit, if permitting is required by the city. Registrations are expressly subject to any future amendment to or replacement of this chapter and further subject to any additional city's ordinances, as well as any state or federal laws that may be enacted. (7) A registrant shall renew its registration with the city by April 1 of even numbered years in accordance with the registration requirements in this chapter, exGep++hat a FegistFa R++h�+ r,ov+ o„ori R HMbeFed year Within thirty (30) days of any change in the information required to be submitted pursuant to subsection (3), except, as of October 1, 2001, subsection (3)(c), a registrant shall provide updated information to the city. If no information in the then- existing registration has changed, the renewal may state that no information has changed. Failure to renew a registration may result in the city restricting the issuance of additional permits until the communications services provider has complied with the registration requirements of this chapter. (8) In accordance with applicable city ordinances, codes or regulations and this chapter, a right-of-way utilization permit and a buildingpermit shall be required of a communications services provider that desires to place or maintain a communication facility in public rights-of-way. An effective registration shall be a condition precedent to obtaining a permit. Notwithstanding an effective registration, permitting requirements shall continue to apply. A permit may be obtained by or on behalf of a registrant having an effective registration if all permitting requirements are met. Individual rights-of-way permits shall be obtained from the Department of Engineering on appropriate form currently in use. nrrliri-Arinoc Of the pity. City-owned Structures, Facilities, and Real Property. The city may construct or designate existing city-owned structures, facilities, and real property, within the public rights-of- way, including any accompanying equipment or communications facilities necessary to provide communications services via such structures, facilities, or real property, for the purpose of housing Privately or publicly owned antennas and other communications facilities, or to provide communications services to, or support the provision of communications services by, providers of communications services within the city. The city may also allow the placement of an antenna or other communications facility upon a city owned structure or real property, or otherwise allow {00225062.2306-9001821} Page 7 of 32 Page 507 of 600 the use of city-owned facilities outside of the rights-of-way, upon such terms as the city may deem acceptable, in writing, and subject to such rental, use, utility, license, or other fees as may be consistent with the law and established by the city commission via resolution. (a) In the interests of facilitating the safe, efficient, and aesthetically desirable use of the public rights-of-way, and to otherwise avoid the negative effects upon the public welfare of, and address safety concerns relating to, proliferation of structures within the rights-of-way, the city may, in a competitively neutral and nondiscriminatory manner, offer to an applicant who wishes to install, construct, place, or maintain an antenna or other communications facility in the public rights-of-way, to place or co-locate such antenna or communications facility upon or within a city-owned structure outside of the rights-of-way where feasible. Such antenna or communications facility shall meet the requirements of this chapter. The city reserves and does not waive any right that the city may have in its capacity as a property owner or utility provider with respect to city-owned structures, facilities, and real property, and may exercise control over such to the extent not prohibited by law. When the city allows the placement of communications facilities upon, or the use of, city-owned structures, facilities, and real property, the city shall be deemed to be acting within its proprietary capacity or capacity as a utility provider, as appropriate and otherwise consistent with the law. The provisions of this article shall not limit the city's discretion with respect to the use, installation, construction, placement, or maintenance of city-owned structures, facilities, and real property, subject to 337.401(7)(f), Florida Statutes Sec. 25.1-5. Transfer, Sale or Assignment of Assets in Public Rights-of-Way. (1) If a registrant transfers, sells or assigns its assets, located in public rights-of-way incident to a transfer, sale or assignment of the registrant's assets, the transferee, buyer or assignee shall be obligated to comply with the terms of this chapter. Written notice of any such transfer, sale or assignment shall be provided by such registrant to the city within twenty(20) days after the effective closing date of the transfer, sale or assignment. If the transferee, buyer or assignee is a current registrant, then the transferee, buyer or assignee is not required to re- register. If the transferee, buyer or assignee is not a current registrant, then the transferee, buyer or assignee shall register as provided in Section 25.1-2- 4 within sixty (60) days of the transfer, sale, or assignment. (2) If permit applications are pending in the registrant's name, the transferee, buyer or assignee shall notify the Engineering and Utilities Departments that the transferee, buyer or assignee is the new applicant. (3) Any encumbrance on the communications facilities of the registrant in the public rights-of-way shall be subject and subordinate to the rights of the city under this chapter and applicable law. Sec. 25.1-6. Placement or Maintenance of a Communication Facility in Public Rights-of- Way. M Prohibitions. (a) No communications services facilities or other communications facilities shall be installed in the City's rights-of-way without a right-of-way utilization permit. {00225062.2306-9001821} Page 8 of 32 Page 508 of 600 Wireless facilities, other than small wireless facilities and micro wireless facilities, are prohibited within the public rights-of-way. (C) To comply with clear zone requirements and the safe operation of traffic control, no wireless facilities or other communications facilities shall be closer than 8 feet from the street curb or edge of pavement if no curb is present. Wireless facilities are prohibited within the public rights-of-way of roadways and railways under the jurisdiction and control of the Florida Department of Transportation unless approved by the City, as provided in any agreement between the City and the Florida Department of Transportation. (e) Wireless facilities are prohibited on arms used to support or mount traffic control signals and warning signals and on arms attached to utility poles. Wireless facilities are prohibited in the rights-of-way of any geographic area approved as an historic district either by the city, the State of Florida, or listed on the National Register of Historic Places that were adopted by Ordinance on or before April 1, 2017 unless: 1. The city's Historic Preservation Board recommends approval of the method to deploy the wireless facilities in stealth so as not to detract from contributing historic structures and the ambiance of the district; and 2. The City accepts the recommendation and approves of the application. L(41 Wireless facilities are prohibited on utility poles or similar structures 15 feet or less in height unless incorporated into and hidden in the pole under a top mounted street light. Wireless facilities may not block or interfere with the view of signs of commercial businesses or street signs. Wireless facilities, excluding micro wireless facilities, shall not be suspended on cables strung between existing utility poles in the City. The applicant or applicant's successor must agree to remove the wireless facilities at any time if warranted by public health or safety as determined by the City. Grounds for denial. The City may deny a proposed collocation of a small wireless facility in the public rights-of-way if the applicant fails to comply with any provision of this chapter or if the proposed collocation: (a) Materially interferes with the safe operation of traffic control equipment; Materially interferes with sight lines or clear zones for transportation, pedestrians, or public safety purposes: (C) Materially interferes with compliance with the Americans with Disabilities Act, or similar federal or state standards and regulations regarding pedestrian access or movement: {00225062.2306-9001821} Page 9 of 32 Page 509 of 600 Materially fails to comply with the most current edition of the Florida Department of Transportation Utility Accommodation Manual; or (e) Fails to comply with applicable codes. {4}(4) A registrant or applicant shall at all times comply with and abide by all applicable provisions of the state, federal and local law and city ordinances, codes and regulations in placing or maintaining a communication facility in public rights-of-way. The burden of proof shall at all times be on an applicant to establish compliance with requirements under this chapter and state and federal law. Q45) A registrant shall notIp ace, commence to place or maintain a communication facility in public rights-of-way until all applicable permits, if any, have been issued by the city or other appropriate authority, except in the case of an emergency. No wireless facility shall operate unless the City has conducted a final inspection and issued a Certificate of Completion pursuant to the Florida Building Code as adopted and amended. (a) The term"emergency' shall mean a condition that affects the public's health, safety or welfare, which includes an unplanned out-of-service condition of a pre-existing service. Registrant shall provide prompt notice to the city of the placement or maintenance of a communication facility in public rights-of-way in the event of an emergency, and shall be required to apply for an after-the-fact permit within 30 days if a permit would have originally been required to perform the work undertaken in public rights-of-way in connection with the emergency. (C) Registrant acknowledges that as a condition of granting such permits, the city may impose reasonable rules or regulations governing the placement or maintenance of a communication facility in public rights-of-way. Permits shall apply only to the areas of public rights-of-way specifically identified in the permit. The Gity may issue a blanket Permit t„nnvor i Rdiyidual pprmitc Further, once the emergency is abated, the communications facility placed in the Public right-of-way during the emergency shall be removed unless permitted without the emergency as a basis. Application Review; Decisions; Time-frames; Permit Duration (a) Notification of Completeness. Within 14 days after receiving an application, the city shall determine and notify the applicant by electronic mail to the email address provided in the application as to whether the application is complete. If an application is deemed incomplete, the city shall specifically identify the missing information. An application is deemed complete if the city does not provide notification to the applicant within 14 days. Application Review Period. The city shall approve or deny an application within 60 days after receipt of the complete application, or it is deemed approved in accordance with F.S. � 337.401. If the city does not use the 30-day negotiation period provided in Sub-Section (7), "Alternative Collocations", the parties may mutually agree to extend the 60-day application review period. The city shall grant or deny the application at the end of the extended period. 100225062.2 306-90018211 Page 10 of 32 Page 510 of 600 (C) Permit Duration. A right-of-way utilization permit issued pursuant to an approved application shall remain in effect for one (1) year unless extended by the city. Notification Procedure. The city shall notify the applicant of approval or denial by electronic mail. The city shall approve a complete application unless it does not meet the applicable codes. If the application is denied, the city will specify in writing the basis for denial, including the specific code provisions on which the denial was based, and send the documentation to the applicant by electronic mail on the day the city denies the application. (e) Opportunity to Cure Deficiencies. The applicant may cure the deficiencies identified by the city and resubmit the application within 30 days after notice of the denial is sent to the applicant. If the curative information is not provided within such time frame, the application will be considered withdrawn or closed. The city shall approve or deny the revised application within 30 days after receipt or the application is deemed approved. Any subsequent review shall be limited to the deficiencies cited in the denial. Consolidated Applications. An applicant may file a consolidated application and receive a single permit for the collocation of up to 30 small wireless facilities. If the application includes multiple small wireless facilities, the city may separately address small wireless facility collocations for which incomplete information has been received or which are denied. Alternative Collocations. (a) If an applicant seeks to place a wireless facility upon a city utility pole or seeks to install a new utility pole, the city may, within 14 days after the date that a wireless facility application is filed, request that the proposed location of the wireless facility be moved to another location in the right-of-way and placed on an alternative utility pole or support structure or may place a new utility pole, including for aesthetic or public safety reasons, or a location outside the right-of-way on city-owned structures or property in accordance with Section 25.1-4 . The City may offer an alternative location in the right-of-way for a wireless facility for health, safety, general welfare, or aesthetic reasons. The city and the applicant may negotiate the alternative location, including any objective design standards and reasonable spacing requirements for ground-based equipment, for 30 days after the date of the request. At the conclusion of the negotiation period, if the alternative location is accepted by the applicant, the applicant must notify the city of such acceptance and the application shall be deemed granted for any new location for which there is agreement and all other locations in the application. If an agreement is not reached, the applicant must notify the city of such non-agreement and the city shall grant or deny the original application within 90 days after the date the application was filed. A request for an alternative location, an acceptance of an alternative location, or a resection of an alternative location shall be in writing and provided by electronic mail. Application requirements. 100225062.2 306-90018211 Page 11 of 32 Page 511 of 600 (a) Except as otherwise provided herein, a permit to construct or install wireless facilities or other communications facilities in the public rights-of-way shall not be granted except upon administrative review and approval pursuant to the requirements of this Chapter. {3} (b) As part of any permit application to place a new or replace an existing communications facility in public rights-of-way, the registrant shall provide the following: �7 AR eRgiReeFi Rg -Marr-snand!ined ansealer! by a Florida Registered Drnfoccinnal F=R 0 " �� p�rniQed in Florida Stab rtes C 47'I 0032 ideRtifyiRg the IGGatlnn of the proposer! fanil* approx mate size of far--ilities and eq6lipMeRt that�Nill -hP- .10-G-Ated P61bliG Fights C) W y� /17 L 4 permit appliGatinn 4n plena a pe- nN or replene en evicting nnmmi inine4inns \ifaGility in pi ihlin rights of way shell innli idle plaRS ShOWin the IGGation of the proposed! inctallatinn of f73.014lec in the pi ihliG rightc_nf_wa Plans submittal. For each proposed wireless facility location, submit plans signed and sealed by a Florida Registered Professional Engineer, or prepared by a person who is exempt from such registration requirements as provided in Florida Statutes � 471.003 showing: a. The location of each proposed communications facility; b. True-to-scale site plan depicting all physical improvements including property lines within a 40 foot radius; c. A graphical depiction of each proposed communications facility to be installed; d. The size of each proposed communications facility; e. The specifications for each communications facility; and f. Existing utilities in the immediate vicinity. 47} (2) The plans shall be in a hard copy format or an electronic format specified by the city, provided such electronic format is maintained by the registrant. Such plans in a format maintained by the registrant shall be provided at no cost to the city. The plans shall be in a digitized format showing the two- dimensional location of the facilities based on the city's geographical database, or other format acceptable to the city. The city shall maintain the confidentiality of such plans and any other information provided in accordance with Florida Statutes § 202.195, as it may be amended. 47)(3) If the actual installation deviates or will deviate from the submitted plans due to unforeseen conditions or any other reason, the registrant shall promptly provide revised plans. {*L41 A description of the manner in which the communications facility will be installed (i.e. anticipated construction methods or techniques); 100225062.2 306-90018211 Page 12 of 32 Page 512 of 600 A description of the stealth design techniques proposed to minimize the visual impact of the wireless communications facility; {e}f 51 A M-Aip+or.,r^o of traffic plan for a44y-maintenance of any disruption of the public rights-of-way; {d}L71 Information on the ability of the public rights-of-way to accommodate the proposed facility, if available (such information shall be provided without certification as to correctness, to the extent obtained from other persons); fc4L8j If appropriate given the facility proposed, an estimate of the cost of restoration to the public rights-of-way; 4}L9-1 The timetable for construction of the project or each phase thereof, and the areas of the city which will be affected; A $150.00 collocation fee per wireless facility per year for attachments to an authority pole; and {g}Ljlj Such additional information Tegested by the ^;+" that the city finds reasonably necessary with respect to the placement or maintenance of the communications facility that is the subject of the permit application to review such permit application. Factors considered in -granting permit. In addition to any applicable requirements or standards imposed by this code of ordinances, the following factors shall be considered in determining whether to issue a permit to a registrant to place or maintain a communications facility within the public rights-of-way, consistent with the requirements of Section 337.401(7), Fla.Stat.: (a) Height and dimensions of the proposed communications facility; Proximity of the communications facility to residential structures and residential district boundaries, and the uses on those properties; (c) Surrounding topography, tree coverage and foliage; Compliance with the objective design standards set forth herein with particular reference to design characteristics that have the effect of concealing, reducing, or eliminating visual obtrusiveness; Lcjj Proposed ingress and egress (where applicable); The location context must be reasonable. Proximity to other structures within the rights-of-way cannot create a hazardous or safety condition; Proximity to and/or interference with other private or public uses within or outside the rights-of-way, including, but not limited to, utilities, easements, traffic control devices, and other uses; and 100225062.2 306-90018211 Page 13 of 32 Page 513 of 600 Suitability of the right-of-way or the proposed section of the right-of-way for the proposed communications facility with reference to safety, engineering, and/or aesthetic concerns. Any other requirements set forth in this chapter. Based upon a review of these factors, the City may still utilize the alternative collocation process as provided in Sub-Section (7), herein. Non-interference; Encouraged Technology; Additional Regulations. k5}(a) All communications facilities shall be placed or maintained so as not to unreasonably interfere with the use of the public rights-of-way by the public and with the rights of property owners who adjoin any of the public rights-of-way. k5}(b) All facilities shall be placed underground to the extent that similarly situated utilities (electric, communications, etc.) are so required. The ^ity may require the ,,so of +i,rrR81AnNc66teGhnn (iT�di-eG+inn e—reMether!\�he installa+inn of f�nili+ion iR the ni ihlin rinh+c_nf_way as well as inin+ +ronnhinn OF +ho of f�nili+ioc iA +ho R-XiGtir,.. ..GRGII.i+ The registrant shall be liable for the displacement, damage or destruction of any property, irrigation system or landscaping as a result of the placement or maintenance of its facility within the public rights-of-way. The-61ty magi pFemIna+o r,�hlo les girl r IA+ir\ric nr\rin iris the r�lAnomori+ A ,,, ��ease�r�,���Tega, —T��„� m�iri+o ri�rino of -A r0emmupin-A+ie\Rs faGili+Pi it n6 1hlin rights of way GORGic+ori+ YVi+h +hic nhan+or and n+hor appliGablo law All facilities shall be placed underground to the extent not inconsistent with the rules of the Public Service Commission. The use of trenchless technology (i.e., directional bore method) for the installation of facilities in the public rights-of-way as well as joint trenching or the co-location of facilities in existing conduit is strongly encouraged, and shall be employed wherever feasible. Notwithstanding the foregoing, small wireless facilities and micro wireless facilities and their associated support structures are exempt from this undergrounding requirement. (c) The city may promulgate additional reasonable rules and regulations concerning the placement or maintenance of a communication facility in public rights-of-way consistent with this chapter and other applicable law. Requirements for Wireless and communications facilities. Wireless and communications facilities shall be placed in the public rights-of-way pursuant to the following requirements: (a) Any aesthetic requirements and provisions of this chapter governing antennas shall apply to wireless and communications facilities located within the right-of- way. It is strongly encouraged that wireless and communications facilities be concealed and utilize stealth design, as defined by Chapter. Such stealth design and concealment shall eliminate the need to locate any ground or elevated equipment 100225062.2 306-90018211 Page 14 of 32 Page 514 of 600 on the exterior of a pole, or other structure in order to preserve and promote the unique aesthetic character of the city. (c) In order to avoid the clustering of multiple items of approved ground equipment or elevated equipment in a single area, only one equipment box may be located in any single wireless and communication facility location. Where an applicant demonstrates that undergrounding and stealth design and concealment goals cannot be employed under this subsection and the city agrees with such demonstration, the individual approved exterior equipment boxes or containment devices shall not exceed 28 cubic feet in volume and the configuration and dimensions of such shall be the least visually obtrusive as possible. The use of foliage and vegetation or other concealment method around any approved equipment may be required by the city based on conditions of the specific area where the equipment is to be located. Insofar as wireless facilities are constructed underground, the wireless infrastructure provider shall become a member of, and maintain membership in Florida utility notification one call system. Wireless facilities shall have five-foot horizontal clearance from other underground utilities and their appurtenances unless applicant can demonstrate compliance with all Applicable Codes and non- interference with existing underground facilities. Objective Design Standards. (a) Wireless facilities shall meet the following reasonable location, context, color, stealth, and concealment requirements. Design standards may be waived if the city determines that the design standards are not reasonably compatible for the particular location of a wireless facility or that the design standards impose excessive expense in relation to the aesthetic concerns of the City. The waiver shall be granted or denied within 45 days after the date of the request. 1. Any above-ground wireless facilities shall meet stealth design requirements. 2. Wireless facilities may increase the height of a metal street light pole only if the antenna is top-mounted and not wider than the pole, or if the antenna is hidden in a cylinder that appears like an original part of the pole. A cellular antenna shall not extend more than ten (10) feet above the utility pole or structure upon which the wireless facility is to be collocated. 3. A new utility pole that replaces an existing utility pole shall be of substantially similar design, material, and color as the existing utility pole unless the existing pole is made of wood, which is no longer permitted. 4. The antennas and related equipment shall be in a color that will provide the most camouflage as determined by the city. Ground based wireless facilities shall be painted forest green, unless determined otherwise by the city. When on a black pole, wireless facilities shall be painted black, unless determined otherwise by the city. 100225062.2 306-90018211 Page 15 of 32 Page 515 of 600 5 Wires serving the wireless facilities must be concealed within or flush mounted to the pole on which the facilities are collocated and insulated in accordance with applicable codes. (b) Antennas placed upon structures within the rights-of-way must meet the following additional requirements if stealth design, concealment, and this chapter's requirements regarding such cannot be met: 1. Top mounted antennas and their enclosures must not extend more than one quarter of the diameter of the supporting structure, beyond edge of the supporting structure at the level of antenna attachment. Notwithstanding the foregoing, the City will permit the antenna and enclosure so long as it meets the volumetric requirements provided in State law; and 2. For public safety purposes, under no circumstances shall antennas be mounted less than 12 feet above ground level. 3. Provide Photographs and Graphic or Simulated Renderings, as follows: a. Photographs clearly showing the nature and location of the site where each wireless or other communications facility is proposed to be located including photographs showing the location and the relationship of the communication facility to adjacent properties; b. True-to-scale graphic depictions or simulated renderings accurately representing the visual impact of the wireless communications facilities when viewed from the street and from adjacent properties. (c) Street light fixtures with stealth wireless facilities are encouraged to meet the following standards:. On street lights, luminaires and bases should be roughly equal in size and volume for a balanced appearance. The decorative base of a street light should be between 10-25% of the pole height. The length of arms extending from the base should be between 20-25% of pole height; Arms should extend from the pole at a location within 20% of pole height from the top of the pole. Street light fixtures must meet AASHTO structural guidelines for roadway application and ANSI requirements for vibrations. New or replacement poles that support wireless or communications facilities shall match the style, design, and color of the utility poles in the surrounding area. 100225062.2 306-90018211 Page 16 of 32 Page 516 of 600 Size and Height Requirements. Pole height shall be measured from the ground to the top of the utility pole, which measurement shall include any antennas built into or appended to the utility pole. The size and height of new wireless or communications facilities in the rights-of-way shall be no greater than the maximum size and height of any other utility or light poles located in the same portion of the right-of-way within the city other than a utility pole for which a waiver has previously been granted, measured from grade in place within 500 feet of the proposed location of the small wireless facility. If there is no utility pole within 500 feet, the height of the utility pole shall be limited to 50 feet; provided, however, that applicants proposing wireless or communications facilities with antennas to be located on existing poles or other structures may increase the height of the existing pole or other structure up to 10 feet, if necessary, to avoid adversely affecting existing pole attachments. Additionally, the overall height, above ground, of any wireless or communications facility shall not exceed 40 feet, or the existing height of other utility or light poles located in the same portion of the right-of-way, whichever height is less. (e) Setback Requirements. Wireless and communications facilities shall be located at least ten feet from a driveway, at least ten feet from the edge of existing trees 12 inches or greater in diameter, at least 25 feet from a traffic signal pole unless mounted upon such traffic signal pole, and at least 15 feet from any pedestrian ramp and 8 feet from the street curb. The city may require greater setbacks from these and other fixtures in the right-of-way to ensure proper sight lines for public safety purposes and in other cases as deemed necessary to advance the purposes of this article. If the right-of-way is within or abuts a residential zoning district, wireless communication facilities must be located where the shared property line between two residential parcels intersects the right-of-way, whenever possible unless an unsafe condition, cluttered appearance, or other violation of this article would result. If the right-of-way is within or abuts a nonresidential district, wireless facilities must be located between tenant spaces or adjoining properties where their shared property lines intersect the right-of-way, whenever possible, unless an unsafe condition, cluttered appearance, or other violation of this article would result. Waiver. The city engineer may waive any requirement under this section if the city determines that such requirement is not reasonably compatible for the particular location of a small wireless facility or that such requirement imposes an excessive expense, or where the waiver serves the intent or purposes of this chapter. The waiver shall be granted or denied within 45 days after the date of the request. New Structures; Availability of Alternatives. For the placement of any new utility poles, pole type structures, or other freestanding structure associated with any communications facility, the City shall have the right to utilize the alternative collocation process as provided in Sub-Section (7) of this Section, and as provided in Section 337.401(7), Fla.Stat. 100225062.2 306-90018211 Page 17 of 32 Page 517 of 600 {x}(14) Limitations; No Property Right. A permit from the city constitutes authorization to undertake only certain activities in public rights-of-way in accordance with this chapter, and does not create a property right or grant authority to impinge upon the rights of others who may have an interest in the public rights-of-way. Construction; Maintenance; Safety; Restoration and Inspection. 49} (a) A registrant shall maintain its communication facility in public rights-of-way in a manner consistent with accepted industry practice and applicable law. kE4 (b) All safety practices required by applicable law or accepted industry practices and standards shall be used during the construction, installation, placement or maintenance of communications facilities. 94 c) After the completion of any placement or maintenance of a communication facility in public rights-of-way or each phase thereof, A—a registrant shall, at its own expense, restore the public rights-of-way to at least its original condition before such work. for Oho nnm 01o4inn of env nlanomon4 nr m�in4onGnno of nnml.mi ininA4inn fanin ni ihlin rinh+c_nf_way or eaGh nhg6 4horonf If the registrant fails to make such restoration within thirty (30) days, or such longer period of time as may be reasonably required under the circumstances, following the completion of such placement or maintenance, the city may perform such restoration as it deems necessary and charge all costs of the restoration against the registrant in accordance with Florida Statutes § 337.402, as it may be amended. For 12 months following the original completion of the work, the registrant shall guarantee its restoration work and shall correct any improper restoration work at its own expense that does not satisfy the requirements of this chapter. for we (12) R;GRthG fnlln\e iRg the nriniRal nmmPletinn of the werL o• 414 d) In connection with excavation in the public rights-of-way, a registrant shall, where applicable, comply with the Underground Facility Damage Prevention and Safety Act set forth in Florida Statutes Ch. 556, as it may be amended. 42} (e) A registrant shall use and exercise due caution, care and skill in performing work in the public rights-of-way and shall take all reasonable steps to safeguard work site areas. The person constructing, installing, and maintaining wireless facilities must be a licensed electrician, certified to work as a Iineworker, or successfully complete an accredited Iineworker apprenticeship program. 44} (f) A registrant shall not place or maintain its communications facilities so as to interfere with, displace, damage or destroy any utilities, including but not limited to, sewers, gas or water mains, storm drains, pipes, cables or conduits of the city or any other person's facilities lawfully occupying the public rights-of-way of the city. {E}LCII The city shall have the right to make such visual inspections of communications facilities placed or maintained in public rights-of-way as it finds necessary to ensure compliance with this chapter. In the event the city determines that a violation exists with respect to registrant's placement or maintenance of facilities in the public rights- of-way that is not considered to be an emergency or danger to the public health, safety or welfare, the city will provide registrant at least three (3) days written notice setting forth the violation and requesting correction. 100225062.2 306-90018211 Page 18 of 32 Page 518 of 600 Modifications; Removal and Relocation; Antenna Co-locations. (a) The grant of a permit under this chapter shall not limit the authority and discretion of the city to regulate and control the public rights-of-way, and the city may at any time require the removal or relocation of a communications facility within the rights-of-way in the interests of the public welfare, health, or safety, or as otherwise authorized by law. The wireless facilities provider must remove its wireless facilities within 30 days of notice that the City will remove a utility pole. k@4 (b) Removal or relocation at the direction of the city of a registrant's communications facility in public rights-of-way shall be governed by applicable requirements of Florida Statutes �� 337.403 and 337.404, as they may be amended, in addition to any other applicable city regulations or provisions of law. Unless otherwise provided by law, this City Code, or agreement, a registrant shall bear all costs of any removal or relocation of its facilities. 43} (c) Coordination of work; work schedule. In the interest of the public's health, safety and welfare, upon request of the city, and as notified by the city of the other work, construction, installation or repairs referenced below, a registrant shall coordinate placement or maintenance activities under a permit with any other work, construction, installation or repairs that may be occurring or scheduled to occur within a reasonable time frame in the subject public rights-of-way. The city may require registrant to alter its placement or maintenance schedule as the city determines to be reasonably necessary so as to minimize disruptions and disturbance in the public rights-of-way. The city may provide a more definite time frame based on individual city construction or maintenance schedules. 45}Lel No warranties; vacation of rights-of-way. The city makes no warranties or representations regarding the fitness, suitability, or availability of the city's public rights-of- way, city-owned structures, and city-owned real property for the registrant's communications facilities and any performance of work, of costs incurred by registrant or provision of services shall be at registrant's sole risk. Nothing in this chapter shall affect the city's authority to add to, vacate or abandon public rights-of-way, or add vehicular travel lanes, and the city makes no warranties or representations regarding the availability of any added, vacated or abandoned public rights-of-way for communications facilities. Alteration of Rights-of-Way; Other Work and Facilities in Rights-of-Way. {9}1. The city reserves the right to place and maintain, and permit to be placed or maintained, sewer, gas, water, electric, storm drainage, communications, and other types of facilities, cables or conduit, and to do, and to permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the city in public rights-of-way occupied by the registrant. {9}2. Registrant shall, if registrant so agrees, allow the city facilities to be co- located within the city's public rights-of-way through the use of a joint trench during registrant's construction project. Such joint trench projects shall be negotiated in good faith by separate agreement between registrant and the city and may be subjected to other city rights-of-way requirements. 100225062.2 306-90018211 Page 19 of 32 Page 519 of 600 {I} 3. The city further reserves without limitation the right to alter, change, or cause to be changed, the grading, installation, relocation, or width of the public rights-of-way within the limits of the city and within said limits as same may from time to time be altered. {9}4. A registrant shall, on the request of any person holding a permit issued by the city, temporarily raise or lower its wireless or other communications facilities to permit the work authorized by the permit. The expense of temporarily raising or lowering facilities shall be paid by the person requesting the same, and the registrant shall have the authority to require such payment in advance. The registrant shall be given not less than thirty (30) days advance written notice to arrange for such temporary relocation. If the city requests a temporary raising or lowering of a facility for a public purpose, the city shall not be charged for the temporary raising or lowering of the facility subject to 337.403 and 337.404, Florida Statutes. Lcjj Replacement and maintenance of wireless facilities. The city shall not require approval or require fees or other charges for: a. Routine maintenance: b. Replacement of existing wireless facilities with wireless facilities that are substantially similar or of the same or smaller size: or C. A communications service provider authorized to occupy the rights- of-way and who is remitting taxes under chapter 202: or d. Installation, placement, or replacement of micro wireless facilities that are suspended on cable strung between existing utility poles in compliance with applicable odes by or for a communications services provider authorized to occupy the rights of way and who is remitting taxes under chapter 202. Notwithstanding this paragraph, for public safety the wireless provider must give reasonable notice to the City Engineer before undertaking the activities of replacement or maintenance, and a right-of-way permit shall be required for work that involves excavation, closure of a sidewalk, or closure of a vehicular lane. {4}Lhj Additional Authority,- Permit Conditions. To the extent not otherwise prohibited by state or federal law and this chapter, the city shall have the power to prohibit or limit the placement of new or additional communications facilities within all or parts of the public rights-of-way if there is incl iffinieot crane-to ennommorlete -II of the requests to plaGe aR4J th-;;t Of the P61bliG rights of way, for the preter--tie.p of existiRg E)F pFGjeG_s theme City deteMqiRels R� the r,61hliG iRteFest The city may impose reasonable conditions upon the grant of a permit, in addition to the specific requirements of this code, as deemed appropriate to advance the intent or purposes of this chapter. 100225062.2 306-90018211 Page 20 of 32 Page 520 of 600 The approval of the installation, placement, maintenance, or operation of a small wireless facility or other wireless facility pursuant to this chapter does not authorize the installation, placement, maintenance, or operation of any communications facilities other than small wireless facilities in the right-of-way. Make-Ready for Collocation. 1. For a city utility pole that does not support an aerial facility used to provide communications services or electric service, the applicant seeking to collocate a small wireless facility shall provide a make-ready estimate at the applicant's expense for the work necessary to support the small wireless facility, including pole replacement, and perform the make-ready work. If pole replacement is required, the scope of the make-ready estimate is limited to the design, fabrication, and installation of a utility pole that is substantially similar in color and composition. The city shall not condition or restrict the manner in which the applicant obtains, develops, or provides the estimate or conducts the make-ready work subject to usual construction restoration standards for work in the right-of-way. The replaced or altered utility pole shall remain the property of the city. 2. The city shall not require more make-ready work than is required to meet applicable codes or industry standards. 3. Fees for make-ready work shall not include costs related to pre-existing damage or prior noncompliance. Fees for make-ready work, including any pole replacement, shall not exceed actual costs or the amount charged to communications service providers other than wireless services providers for similar work and shall not include any consultant fee or expense. 4. Fees for make-ready work must be paid to the City, even if they exceed the applicant's estimate, before the wireless facilities may be operational. Sec. 25.1-7 Suspension of Permits. (1) Subject to Section 25.1-8 below, the Director of Engineering, or his designee may suspend a permit for work in the public rights-of-way for one or more of the following reasons: (a) Failure to satisfy permit conditions, including conditions set forth in this chapter or other applicable city ordinances, codes or regulations governing placement or maintenance of communications facilities in public rights-of-way, including without limitation, failure to take reasonable safety precautions to alert the public of work at the work site, or to restore any public rights-of-way; (b) Misrepresentation or fraud by registrant in a registration or permit application to the city; (c) Failure to properly renew or ineffectiveness of registration; (d) Failure to relocate or remove facilities as may be lawfully required by the city; (e) Failure to commence work within 180 days of securing permit; or 100225062.2 306-90018211 Page 21 of 32 Page 521 of 600 M Abandonment of project or suspension of work for more than 180 days. After the suspension of a permit pursuant to this section, the Director of Engineering or his designee shall provide written notice of the reason for the suspension to the registrant. (Ord. No. 01-29, § 9, 7-3-01) Sec. 25.1-8 Appeals. (1) Final, written decisions of the Director of Engineering, or his designee, suspending or denying a permit, denying an application for a registration or denying an application for renewal of a registration are subject to appeal, as set forth in Chapter 1, Article VII, of the City's Land Development Regulations, as amended. (2) Nothing in the chapter shall affect the remedies the city has available under applicable law. (Ord. No. 01-29, § 10, 7-3-01) Sec. 25.1-9. Conditional Use of Public Rights-of-Way. (1) In the event registrant desires to use its existing facilities or to construct new facilities for the purpose of providing other utility or non-utility services to existing or potential consumers or resellers, by providing any other services other than the provisions other than the provision of communications service, or for providing any other use to existing or potential consumers, a registrant shall seek such additional and separate authorization from the city for such activities as may be required by applicable law. (2) To the extent that a registrant leases or otherwise uses the facilities of a person that is duly registered or otherwise authorized to place or maintain facilities in the public rights-of-way of the city, registrant shall make no claim, nor assert any right, which will impede the lawful exercise of the city's rights, including requiring the removal of such facilities from the public rights-of-way of the city, regardless of the effect on registrant's ability to place or maintain its own communications facilities in public rights-of-way of the city. (Ord. No 01-29, § 11, 7-3-01) Sec. 25.1-10 Involuntary Termination of Registration. (1) The city may terminate a registration if: (a) A federal or state authority suspends, denies, or revokes a registrant's certification or license to provide communications services; (b) The registrant's placement or maintenance of a communications facility in the public rights-of-way presents an extraordinary or unreasonable danger to the general public or other users of the public rights-of-way and the registrant fails to remedy the danger promptly after receipt of written notice; or (c) The registrant ceases to use all of its communications facilities in public rights- of-way and has not complied with section 25.1-17 of this chapter. 100225062.2 306-90018211 Page 22 of 32 Page 522 of 600 (2) Prior to termination, the registrant shall be notified by the Director of Engineering, or his designee, with a written notice setting forth all matters pertinent to the proposed termination action, including which of subsections (a) through (c) above is applicable as the reason therefore, and describing the proposed action of the city with respect thereto. The registrant shall have thirty (30) days after receipt of such notice within which to address or eliminate the reason or within which to present a plan, satisfactory to the Director of Engineering, or his designee, to accomplish the same. If the plan is rejected, the Director of Engineering or his designee shall provide written notice of such rejection to the registrant and shall make a recommendation to the City Commission regarding a final decision as to termination of registration. A decision by the city to terminate a registration may only be accomplished by an action of the City Commission. A registrant shall be notified by written notice of any decision by the City Commission to terminate its registration. Such written notice shall be sent within seven (7) days after the decision. (3) In the event of termination, the former registrant shall: (a) notify the city of the assumption or anticipated assumption by another registrant of ownership of the registrant's communications facilities in public rights-of-way; or (b) provide the city with an acceptable plan for disposition of its communications facilities in public rights-of-way. If a registrant fails to comply with this subsection, the city may exercise any remedies or rights it has at law or in equity, including but not limited to taking possession of the facilities, requiring the registrant's bonding company within ninety (90) days of the termination to remove some or all of the facilities from the public rights-of-way and restore the public rights-of-way to its original condition before the removal, or requiring that some or all of the facilities be removed and the public rights-of-way restored to its original condition before the removal at the registrant's expense. (4) In any event, a terminated registrant shall take such steps as are necessary to render safe every portion of the communications facilities remaining in the public rights-of-way of the city safe. (5) In the event of termination of a registration, this provision does not permit the city to cause the removal of any communications facilities that are used to provide another service for which the registrant holds a valid certification or license with the governing federal or state agency, where required, and is properly registered with the city for such certificated or licensed service, where required. (Ord. No. 01-29 § 12, 7-3-01) Sec.25.1-11. Existing Communications Facilities in Public Rights-of-Way. A communications services provider with an existing communications facility in the public rights- of-way of the city has sixty (60) days from the effective date of this chapter to comply with the terms of this chapter The provisions of this Chapter shall be applicable to all Communications Facilities placed in the Public Rights-of-Way on or after the effective date of this Ordinance and shall apply to all existing Communications Facilities placed in the Public Rights-of-Way prior to the effective date of this Ordinance to the full extent permitted by Federal and State law, except that any provision of this Chapter regarding the size, Stealth Design, concealment, or location of Communications Facilities shall not apply to existing Communications Facilities lawfully placed within the Public Rights-of-Way prior to the effective date of this Ordinance, to the extent that such Communications Facilities may be Maintained, repaired, and replaced with a Communications Facility substantially similar in size and for the same purpose. 100225062.2 306-90018211 Page 23 of 32 Page 523 of 600 Sec. 25.1-12. Insurance. (1) A registrant shall provide, pay for and maintain satisfactory to the city an acceptable policy or policies of liability insurance, including comprehensive general liability insurance, products/completed operations liability, personal injury liability, owners and contractors Protective liability, broad form property damage, contractual liability, automobile liability (owned, non-owned and hired automobiles), workers' compensation and employee liability. A registrant shall not commence construction, operation or maintenance of the facility without obtaining all insurance required under this section and approval of such insurance by Risk Management of the city, nor shall a registrant allow any contractor or subcontractor to commence work on its contract or subcontract until all similar such insurance required of the same has been obtained and approved. The required insurance must be obtained and maintained for the entire period the registrant has facilities in the public rights-of-way, and for a period thereafter as specified in the minimum coverages described below. If the registrant, its contractors or subcontractors do not have the required insurance, the city may order such entities to stop operations until the insurance is obtained and approved. (2) All liability policies shall provide that the city is an additional insured as to the activities under this chapter. The required coverages must be evidenced by properly executed certificates of insurance forms. The certificates must be signed by the authorized representative of the insurance company and shall be filed and maintained with the city annually. Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the Risk Manager Coordinator. For entities that are entering the market, the certificates shall be filed prior to the commencement of construction and once a year thereafter, and as provided below in the event of a lapse in coverage. For entities that have facilities in the public rights-of-way as of the effective date of this chapter, the certificate shall be filed within sixty (60) calendar days of the adoption of this chapter, annually thereafter, and as provided below in the event of a lapse in coverage. (3) These certificates of insurance shall contain a provision that coverages afforded under these policies will not be canceled until at least forty-five (45) calendar days prior written notice has been given to the city. Policies shall be issued by companies authorized to do business under the laws of the State of Florida. Financial Ratings must be no less than "A-VI" in the latest edition of"Bests Key Rating Guide", published by A.M. Best Guide. The insurance requirements may be satisfied by evidence of self-insurance with sufficient financial strength and reserves or other types of insurance acceptable to the city. A registrant may self_inci ire Self-insured status must be confirmed with certification of same by presentation of financial statements which are not more than one (1) year old and signed by the registrant's Chief Financial Officer or designees. Information contained therein is subject to review and approval by city's Risk Management Division. (4) In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of this contract, then in that event, the registrant shall furnish, at least thirty (30) calendar days prior to the expiration of the date of such insurance, a renewed certificate of insurance equal and like coverage. The insurance policy or policies shall contain contractual liability insurance naming the city as an insured, and shall also insure against the types of liabilities covered by the indemnification and hold harmless provisions of Section 25.1-13. 100225062.2 306-90018211 Page 24 of 32 Page 524 of 600 k5�L61 A registrant and its contractors or subcontractors engaged in work on the operator's behalf in, on, under or over public rights-of-way, shall maintain the following minimum insurance: (a) Comprehensive general liability insurance to cover liability bodily injury and property damage. Exposures to be covered are: premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: 1. Bodily injury a. Each occurrence $1,000,000 b. Annual aggregate $3,000,000 2. Property damage a. Each occurrence $1,000,000 b. Annual aggregate $3,000,000 3. Personal injury a. Annual aggregate $3,000,000 4. Completed operations and products liability shall be maintained for two (2) years after the abandonment of the facility by the registrant (in the case of the registrant) or completion of the work for the registrant (in case of a contractor or subcontractor). 5. Property damage liability insurance shall include coverage for the following hazards: X—explosion, C —collapse, U — underground. (b) Worker's compensation insurance shall be maintained to comply with statutory limits for all employees, and in case any work is sublet, each registrant shall require the subcontractors similarly to provide workers' compensation insurance for all the latter's employees unless such employees are covered by the protection afforded by each registrant. Each registrant and its contractors and subcontractors shall maintain employers liability insurance. The following limits must be maintained: 1. Workers' compensation Statutory 2. Employer's liability $500,000 per occurrence (c) Comprehensive auto liability 1. Bodily injury a. Each occurrence $1,000,000 b. Annual aggregate $3,000,000 100225062.2 306-90018211 Page 25 of 32 Page 525 of 600 2. Property damage a. Each occurrence $1,000,000 b. Annual aggregate $3,000,000 Coverage shall include owned, hired and non-owned vehicles. (6) Each communication facility operator shall hold the city, its agents, and employees, harmless on account of claims for damage to persons, property or premises arising out of it construction, operation or repair of its communications facility and name the city as an additional insured. Thirty (30) days advance written notice by registered, certified or regular mail as determined by the city must be given to the city of any cancellation, intent not to renew or reduction in the policy coverages. {7}L81 This Section shall not be construed to affect in any way the city's rights, privileges and immunities as set forth in Florida Statutes § 768.28. Insurance under this Section shall run continuously with the presence of the registrant's facilities in the public rights-of-way and any termination or lapse of such insurance shall be a violation of this Section and subject to the remedies as set forth herein. Notwithstanding the foregoing, the city may, in its sole discretion, required increased or decreased levels of insurance for any other object placed in the city's public rights-of-way by way of individual license agreements. Sec. 25.1-13. Indemnification. (1) A registrant shall, at its sole cost and expense, indemnify, hold harmless, and defend the city, its officials, boards, members, agents, and employees, against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses incurred by the city arising out of the placement or maintenance of its communications systems or facilities in public rights-of-way, regardless of whether the act or omission complained of is authorized, allowed or prohibited by this chapter, provided, however, that a registrant's obligation hereunder shall not extend to any claims caused by the negligence, gross negligence or wanton or willful acts of the city. This provision includes, but is not limited to, the city's reasonable attorneys' fees and costs incurred in defending against any such claim, suit or proceedings. The city agrees to notify the registrant, in writing, within a reasonable time of the city receiving notice, of any issue it determines may require indemnification. Nothing in this Section shall prohibit the city from participating in the defense of any litigation by its own counsel and at its own cost if in the city's reasonable belief there exists or may exist a conflict, potential conflict or appearance of a conflict. Nothing contained in this section shall be construed or interpreted: (a) As denying to either party any remedy or defense available to such party under the laws of the State of Florida; (b) As consent by the city to be sued; or (c) As a waiver of sovereign immunity beyond the waiver provided in Florida Statutes § 768.28, as it may be amended. 100225062.2 306-90018211 Page 26 of 32 Page 526 of 600 (2) The indemnification requirements shall survive and be in effect after the termination, suspension or cancellation of a registration. (Ord. No. 01-29, § 15, 7-3-01) Sec. 25.1-14. Construction Bond. (1) Prior to issuing a permit, �Nhe.re the ,Nerk i in`Jer the permit will require resteration of ni,h'i^ right -nf-�, the city may require a construction bond to secure the restoration of the public rights-of-way and removal of abandoned equipment or equipment not removed after termination of registration or non-renewal of the annual permit. (2) In the event a registrant subject to such a construction bond fails to complete the work in a safe, timely and competent manner in accordance with the provisions of the permit, there shall be recoverable, jointly and severally from the principal and surety of the bond, any damages or loss suffered by the city as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the registrant, or the cost of completing the work, plus a reasonable allowance for attorney's fees, up to the full amount of the bond. (3) No less than twelve (12) months after the completion of the construction and satisfaction of all obligations in accordance with the bond, the registrant may request the Director of Engineering to remove the requirement to continue the construction bond. Notwithstanding, the city may require a new bond for any subsequent work performed in the public rights-of-way. (4) The construction bond shall be issued by a surety having a minimum rating of A-1 in Best's Ley Rating Guide, Property/Casualty Edition; shall be subject to the approval of the City Attorney; and shall provide that: "For twelve (12) months after issuance of this bond, this bond may not be canceled, or allowed to lapse, until sixty (60) days after receipt by the city, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew." (5) The rights reserved by the city with respect to any construction bond established pursuant to this section are in addition to all other rights and remedies the city may have under this Section, or at law or equity whether reserved in this chapter, or authorized by other law, and no action, proceeding or exercise of a right with respect to the construction bond will affect any other right the city may have. (Ord No 01-29, § 15, 7-3-01) Sec. 25.1-16. Enforcement Remedies. (1) A registrant's failure to comply with provisions of this chapter shall constitute a violation of this chapter and shall subject the registrant to the code enforcement provisions and procedures as provided in Florida Statutes Chapter 162, Florida Statutes § 166.0415 and Section 2-72, et. seq. of the City Code of Ordinances, as they may be amended. In addition, violation of this chapter may be punishable by a fine not to exceed five hundred dollars ($500) or by imprisonment not to exceed sixty (60) days or by both as provided. (2) In addition to any other remedies available at law, including but not limited to Florida Statutes § 166.0415, and Florida Statutes Chapter 162, or equity or as provided in this 100225062.2 306-90018211 Page 27 of 32 Page 527 of 600 chapter, the city may apply any one or combination of the following remedies in the event a registrant violates this chapter, or applicable local law or order related to the public rights-of-way: (a) Failure to comply with the provisions of the chapter or other law applicable to occupants of the public rights-of-way, may result in imposition of penalties to be paid by the registrant to the city in an amount of not less than one hundred dollars ($100) per day or part thereof that the violation continues. (b) In addition to or instead of any other remedy, the city may seek legal or equitable relief from any court of competent jurisdiction. (3) Before imposing a fine pursuant to this section, the city manager or the city manager's designee shall give written notice of the violation and its intention to assess such penalties, which notice shall contain a description of the alleged violation. Following receipt of such notice, the registrant shall have 30 days to either: (a) cure the violation to the city's satisfaction and the city shall make good faith reasonable efforts to assist in resolving the violation; or (b) file an appeal with the city to contest the alleged violation. Section 25.1-8 of this chapter shall govern such appeal. If no appeal is filed and if the violation is not cured within the thirty (30) day period, the city may collect all fines owed, beginning with the first day of the violation, through any means allowed by law. (4) In determining which remedy is appropriate, the city shall take into consideration the nature of the violation, the person or persons bearing the impact of the violation, the nature of the remedy required in order to prevent further violations, and such other matters as the city determines are appropriate to the public interest. (5) Failure of the city to enforce any requirements of this chapter shall not constitute a waiver of the city's right to enforce that violation or subsequent violations of the same type or to seek appropriate enforcement remedies. (6) In any proceeding before the city where there exists an issue with respect to a registrant's performance of its obligations pursuant to this chapter, the registrant shall be given the opportunity to provide such information as it may have concerning its compliance with the terms and conditions of this chapter. The city may find a registrant that does not demonstrate compliance with the terms and conditions of this chapter in default and apply any one or combination of the remedies otherwise authorized by this chapter or other applicable laws, ordinances, regulations or city codes. (7) The city manager or a designee shall be responsible for administration and enforcement of this chapter, and is authorized to give any notice required by law. (Ord. No 01-29, § 18, 7-3-01) Sec. 25.1-17. Abandonment of a Communication Facility. (1) Upon abandonment of a communications facility owned by a registrant in public rights- of-way, the registrant shall notify the city within ninety (90) days. (2) The city may direct the registrant by written notice to remove all or any portion of such abandoned communications facility at the registrant's sole expense if the city determines that the abandoned facility's presence interferes with the public health, safety or welfare, which shall include, but is not be limited to, a determination that such facility: (a) compromises safety at any 100225062.2 306-90018211 Page 28 of 32 Page 528 of 600 time for any public rights-of-way user or during construction or maintenance in public rights-of- way; (b) prevents another person from locating facilities in the area of public rights-of-way where the abandoned facility is located when other alternative locations are not reasonably available; (c) creates a maintenance condition that is disruptive to the public rights-of-way's use; or d removal of the communications facility would improve or enhance the city's aesthetics. In the event of (b), the city may require the third person to coordinate with the registrant that owns the existing facility for joint removal and placement, where agreed to by the registrant. (3) In the event that the city does not direct the removal of the abandoned facility, the registrant, by its notice of abandonment to the city, shall be deemed to consent to the alteration or removal of all or any portion of the facility by the city or another person at such third party's cost. (4) If the registrant fails to remove all or any portion of an abandoned facility as directed by the city within a reasonable time period as may be required by the city under the circumstances, the city may perform such removal and charge the cost of the removal against the registrant or any successor in interest to the registrant. (Ord. No 01-29 § 19, 7-3-01) Sec. 25.1-18. Force Majeure. In the event a registrant's performance of or compliance with any of the provisions of this chapter is prevented by a cause or event not within the registrant's control, such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a result; provided, however, that such registrant uses all practicable means to expeditiously cure or correct any such inability to perform or comply. For purposes of this chapter, causes or events not within a registrant's control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or events within registrant's control, and thus not falling within this section, shall include, without limitation, registrant's financial inability to perform or comply, economic hardship, and misfeasance, malfeasance or nonfeasance by any of registrant's directors, officers, employees, contractors or agents. (Ord. No. 01-29, § 20, 7-3-01) Sec. 25-1-19. Reports and Records. (1) Each registrant shall, upon thirty (30) calendar days written notice, if reasonably possible, but in no event less than five (5) business days written notice, provide the city access to all books and records related to the construction, maintenance, or repair of the facility to the extent the city review of the books and records is necessary to manage its rights-of-way. (2) Any and all non-proprietary or non-confidential books and records may be copied by the city. To the maximum extent permitted by Florida Statutes § 202.195, as amended, such books and records shall be kept confidential and exempt from the provisions of Florida Statutes § 119.07(1). A registrant is responsible for obtaining or maintaining the necessary possession or control of all books and records related to the construction, maintenance or repair of the facility, so that it can produce the documents upon request. Books and records must be maintained for 100225062.2 306-90018211 Page 29 of 32 Page 529 of 600 a period of five (5) years, except that any record that is a public record must be maintained for the period required by state law. (3) For purposes of this section, the terms "books and records" shall be read expansively to include information in whatever format stored. Books and records requested shall be produced to the city at City Hall, except by agreement. (4) If any books and records are too voluminous, or for security reasons cannot be copied and moved, then a registrant may request that the inspection take place at some other location mutually agreed to by the city and the registrant, provided that the registrant must make necessary arrangements for copying documents selected by the city after its review; and the registrant must pay all travel and additional copying expenses incurred by the city in inspecting those documents or having those documents inspected by its designee. (5) Without limiting the foregoing, a registrant shall provide the city the following within ten (10) calendar days of their receipt or (in the case of documents created by the registrant or its affiliate) filing: (a) Notices of deficiency or forfeiture related to the operation of the facility; and (b) Copies of any request for protection under bankruptcy laws, or any judgment related to a declaration of bankruptcy by the operator or by any partnership or corporation that owns or controls the operator directly or indirectly. (6) In addition, the city may, at its option, and upon reasonable notice to the registrant, inspect the facilities in the public rights-of-way to ensure the safety of its residents. (Ord No. 01-29, § 21, 7-3-01) Sec.25.1-20. Reservation of Rights and Remedies. (1) The city reserves the right to amend this chapter as it shall find necessary in the lawful exercise of its police powers. (2) This chapter shall be applicable to all communications facilities placed in the public rights-of-way on or after the effective date of this chapter and shall apply to all existing communications facilities in the public rights-of-way prior to the effective date of this chapter, to the full extent permitted by state and federal law. (3) The adoption of this chapter is not intended to affect any rights or defenses the city may have under any existing franchise, license or other agreements with a communications services provider. (4) Nothing in this chapter shall affect the remedies the city has available under applicable law. (5) Any person who uses the communications facilities of a registrant, other than the registrant that owns the facilities, shall not be entitled to any rights to place or maintain such facilities in excess of the rights of the registrant that places or maintains the facilities. (Ord. No. 01-29, § 22, 7-3-01) Sec. 25.1-21. Pass-through Provider Fees and Charges. 100225062.2 306-90018211 Page 30 of 32 Page 530 of 600 (1) Pass-through providers shall pay to the city on an annual basis an amount equal to $500.00 per linear mile or portion thereof of communications facilities placed and/or maintained in the city's rights-of-way. For purposes of this section, the city's rights-of-way do not include rights-of-way that extend in or through the city but are state, county or another authority's roads or rights-of-way. (2) The amounts charged pursuant to this section shall be based on the linear miles of rights-of- way where a wireless communications facility is placed, not based on a summation of the lengths of individual cables, conduits, strands or fibers. Multiple cables, conduits, strands, or fibers located within the same conduit shall be considered one communications facility for purposes of this subsection. (3) Any annual amount charged shall be reduced for a prorated portion of any 12-month period during which the pass-through provider remits taxes imposed by the city pursuant to F.S. Ch. 202. (4) Fees for Non-Collocated Communications Facilities. (a) Fees for non-collocated communications facilities may be charged to any person not a dealer of communications services as defined by Florida Statutes � 202.11. (b) Annual payments shall be due and payable on April 1 of each year. Failure to timely Pay the annual payment shall result in the immediate forfeiture of all rights to locate any wireless equipment in the citv rights-of-way and all wireless equipment shall be removed within thirtv(30) days at the wireless infrastructure provider's expense. Fees not paid shall bear interest at the rate of one percent per month from the date due until the wireless equipment is removed. The acceptance of any payment required hereunder by the city shall not be construed as an acknowledgement that the amount paid is the correct amount due, nor shall such acceptance of payment be construed as a release of any claim which the city may have for additional sums due and payable. All fee payments shall be subject to audit by the city, and assessment or refund if any payment is found to be in error. If such audit results in an assessment by and an additional payment to the city, such additional payment shall be subject to interest at the rate of one percent per month until the date payment is made. (5) Collocation Fees. (a) The wireless infrastructure provider shall remit a $150.00 collocation fee per wireless facility to the City with the application to pay for the first year's fee for collocating small wireless facilities on a city utility pole. (b) The wireless infrastructure provider shall remit a $150.00 collocation fee per wireless facility to the City within thirty (30) days of the anniversary of the approval of the collocation. Failure to timely pay the Collocation Fee shall result in the immediate forfeiture of all rights to collocate on the city utility pole and any wireless equipment collocated on the utility pole shall be removed within thirty (30) days at the wireless provider's expense. (6) Fees for City Connections. The City reserves the right to assess pole connection fees or other fees for the use of city employees and contractors as well as fees for access to any fiber network the city may construct. 100225062.2 306-90018211 Page 31 of 32 Page 531 of 600 (7) Permit Fees. The wireless infrastructure provider shall remit with its application all appropriate fees as provided herein, and as consistent with Section 337.401(7), Fla.Stat., as may be amended from time to time.. (8) If the payments required by this section are not timely made by the due date, the city may withhold the issuance of any permits, including for other wireless facilities, to the registrant until the amount past due is paid in full. 100225062.2 306-90018211 Page 32 of 32 Page 532 of 600 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 18-021 TO: Chair and Members Planning & Development Board FROM: Kathleen Hatcher Senior Planner DATE: March 20, 2018 RE: Approve (CDRV 18-001) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 3. Zoning, Article V. Supplemental Regulations: Section 12. Satellite Earth Stations and Antennas to insert provisions for HAM radio towers and antennas consist with FCC requirements, and Section 13. Wireless Communications Facilities (WCF) to implement regulations consistent with State legislation known as the Advanced Wireless Infrastructure Deployment Act that regulates WCF within public rights-of-way. EXPLANATION The above-referenced code revisions are necessary in order to update the Land Development Regulations to correspond with proposed amendments to Part II of the City Code of Ordinances, Chapter 25.1 "Communications Rights-of-Way" (see accompanying Ordinance). On June 23, 2017 the Florida legislature adopted the Advanced Wireless Infrastructure Deployment Act effective July 1, 2017 that revised regulations regarding communications facilities in the public rights-of-way. The proposed amendments to the Code of Ordinances Part II Chapter 25.1 Communications Facilities in Rights-of-Way implement the new regulations of the Act. Further amendments are necessary to Part III Land Development Regulations so that WCF regulations in the LDR do not conflict with the Part II amendments. Proposed code revisions to Part II of the City Code of Ordinances establish uniform standards and guidelines for the siting, design, and permitting of communication towers, communication antennas, and wireless communication facilities sited within public rights-of- way. The proposed amendments also establish review procedures to ensure that applications for towers and related equipment are processed consistent with state and federal law. The proposed regulations require that individuals and entities seeking permits to conduct any type of excavation, construction or other activity for communications facilities in public rights-of-way do so in a safe, expeditious, and professional manner to protect the public health, safety, aesthetics, and general welfare in the community. The recommended amendments also seek to minimize visual and other impacts of wireless communication facilities on surrounding areas by establishing standards for location, design, landscape screening, and compatibility. Current regulations in the LDR allow wireless communications facilities (WCF) to be located in public rights-of-way as "non-concealed attached WCF" which are antennas attached to utility poles and freestanding lights at least 40 to 50 feet in height, subject to agreement with the agency representative with jurisdiction over the right-of-way and/or the utility company. With the ever- increasing public demand for capacity, speed, and reliability, wireless carriers are now reducing the Page 533 of 600 traffic on each macro-cell tower site by building a number of smaller sites with shorter transmission and receiver distances. These microcell towers are typically one-half the height of a standard cell tower and placed closer together to provide more consistent coverage to areas. There are currently no applications formally submitted to the City for the new technology of microcell towers within rights-of-way, but there is interest and applications are expected in the very near future. These code amendments would provide standards whereby microcell structures can be allowed while preventing negative impacts on the character of residential neighborhoods or property values, or any threat to public safety. Proposed revisions to Part II Chapter 25.1 include design standards that require communications facilities within rights-of-way to be placed underground or to be designed as concealed (stealth) microcell towers where the antennas and associated equipment are housed within the base of the pole or the pole itself (see attached exhibits for examples) and they do not exceed the height of adjacent utility or light poles in the right-of-way. The proposed revisions to the LDR would also expand Chapter 12 to amend the regulations on television antennas and amateur ham radio antennas to update terminology, restrict the number allowed, and establish height limits and setbacks while respecting preemption regulations by the Federal Communications Commission (FCC). The FCC's "PRB-1" is their declaratory ruling requiring that local zoning laws reasonably accommodate amateur antennas and support structures with minimal regulation and without unreasonable restrictions. It further reads that such regulations "...must constitute the minimum practicable regulation to accomplish the state or local authority's legitimate purpose". Due to the vague character of the FCC regulation, some jurisdictions have avoided any specific standards applicable to HAM towers and antennas and merely reference their objective to accommodate such communications systems consistent with the FCC directives. While many other cities and counties have adopted quantifiable standards as well as the provision to consider tower applications that fail to comply with such standards through the reasonable accommodation process. Staff has drafted amendments consistent with this latter format of regulations to provide some limits and structure as well as to ensure ultimate compliance FCC PRB-1. Additional revisions to the LDR Chapter 13 Wireless Communications Facilities (WCF) refer applicants to Part II Chapter 25.1 for all regulations pertaining to WCF within public rights-of-way. The WCF revisions also clarify that non-concealed attached WCF are now only those located on publicly or privately-owned lots (not in public rights-of-way) and would be limited to poles at least 50 feet in height (such as ballpark lights). In addition, non-concealed WCF would not be allowed in residential zoning districts and would be limited to a height increase of ten (10) percent of the pole height when antennas are attached. PROPOSED AMENDMENTS A summary of the proposed amendments are as follows: Section 12 - Amateur Radio and Television Antennas • Update code terminology consistent with the industry; • Allow Amateur Radio/CB antennas as accessory only in conjunction with a single family use; • Simplify / clarify height standards for Citizens Band and TV towers by including only one standard for both freestanding and mounted towers, and maintaining maximum height as a factor of roof height (maximum of 15 feet higher than the roof (peak) height up to 40 feet); -2 - Page 534 of 600 • Insert provisions for reasonable accommodation for HAM tower applications that fail to satisfy the development standards, in compliance with FCC requirements; • Maintaining setbacks for amateur radio/CB antenna support structures consistent with the structure setbacks in the zoning district, and establish a minimum setback from easements of 10 feet; and, • Exempt TV satellite dishes 40 inches or less in diameter for single-family residential districts. • Clarify requirements (process, number, location, setbacks, screening, and height) for single- family/duplex districts, multi-family residential district, and non-residential and mixed use zoning districts. Section 13 - Wireless Communications Facilities (WCF) • Reference WCF in public rights-of-way are subject to regulations of Part I I Chapter 25.1; • Revise non-concealed attached WCF to be on poles a minimum of 50 feet in height located on publicly or privately owned lots (not in rights-of-way); • Update tables to prohibit non-concealed attached WCF in residential zoning districts; and, • Update tables to add the recently approved new MU-4 zoning district. CONCLUSION/RECOMMENDATION Staff proposes these code amendments to Chapter 3 Article V Sections 12 — 13 of the LDR to implement new state legislation known as the Advanced Wireless Infrastructure Deployment Act and establish review procedures to ensure that applications are acted upon consistent with state and federal law. Proposed amendments to these regulations are to minimize visual and other impacts of wireless communication facilities on surrounding areas by establishing standards for location, design, landscape screening, and compatibility. Attachments -3 - Page 535 of 600 10.A. UNFINISHED BUSINESS 5/1/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: To consider the recommendation from the Recreation & Parks Board, as presented by Board Chair Betty Pierce-Roe, not allow dogs on the beach at Oceanfront Park. EXPLANATION OF REQUEST: At the request of the City Commission, the Recreation & Parks Advisory Board considered the results of a survey of which a majority of those that responded indicated that the City should allow dogs to the beach, and would be willing to pay some type of permitting/access fee. The Board also heard comments from the public at their meetings this past February and March, all of which were not in favor of allowing dogs on the beach. Taking this in consideration, along with what would be required to manage and support this type of program, the Advisory Board decided not to recommend allowing dogs on the beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No affect FISCAL IMPACT: Non-budgeted N/A ALTERNATIVES: Do not accept the recommendation from the Advisory Board. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 536 of 600 11.A. NEW BUSINESS 5/1/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-068-Authorize Mayor to sign an agreement with Florida Caribbean Architecture of Boynton Beach, FL for Project Management Services for the Town Square Project for a monthly amount of$15,200. EXPLANATION OF REQUEST: The City is undertaking a major redevelopment known as Town Square redevelopment, this project involves the demolishing of existing City buildings, infrastructure, construction of three new City facilities, the renovation of a historic high school, and the construction of a District Energy Plant. In addition there will be private development occurring on the redevelopment site. City services will move from existing buildings into temporary locations for 24-30 months while demolition and construction occurs. The amount of oversight required for this type of project far exceeds the time available from current staff. Florida Caribbean Architecture, Anderson Slocombe is a Boynton Beach Business and has worked with the City in the past on construction projects. Staff is recommending entering into an agreement with Florida Caribbean Architecture to provide project management services in connection with this project. The agreement will be in effect until all City services are moved back to the newly constructed buildings. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This agreement will provide dedicated oversight to the many facets of this project, city staff will he heavily involved but still have the normal City business and services to maintain. FISCAL IMPACT: The monthly cost of this service is $15,200, annually $182,400. Agreement effective May 1, 2018, there are 5 months remaining in FY 17/18. Cost for remainder of FY 17/18 would be $76,000, would be paid from following accounts; 75% or $57,000 from account 001-1214-512-31-90 25% or $19,000 from account 401-2821-536-31-90 ALTERNATIVES: Do not hire a project manager for this project. STRATEGIC PLAN: Redevelop Downtown STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 537 of 600 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Consultant Agreement D Agreement Consultant Agreement D Exhibit Exhibit A Page 538 of 600 1 RESOLUTION NO. R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 5 SIGN A CONSULTANT AGREEMENT FOR PROJECT 6 MANAGEMENT SERVICES WITH FLORIDA CARIBBEAN 7 ARCHITECTURE, INC., FOR THE TOWN SQUARE PROJECT IN 8 THE MONTHLY AMOUNT OF $15,200.00 AND PROVIDING AN 9 EFFECTIVE DATE. 10 11 12 WHEREAS, the City is undertaking a major redevelopment known as Town Square 13 redevelopment; and 14 WHEREAS, the project involves the demolition of existing City buildings, 15 infrastructure, construction of three new City facilities, the renovation of a historic high 16 school and the construction of a District Energy Plant all of which oversight that is required 17 for this type of project far exceeds the time frame available from staff, and 18 WHEREAS, staff is recommending entering into the Consultant Agreement for 19 Project Management Services with Florida Caribbean Architecture to provide project 20 management services in connection with this project which will be in effect until all City 21 services are moved back into the newly constructed buildings. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does 28 hereby approve and authorize the Mayor to sign a Consultant Agreement for Project CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\B59443A6-EF04-4298-8DAE-2891581 F91 F5\Boynton Beach.10271.1.Florida_Caribbean—Architecture_Consultant_Agreement__Reso.doc Page 539 of 600 29 Management Services with Florida Caribbean Architecture, Inc., in the amount of $15,200 30 per month, a copy of which is attached hereto as Exhibit"A". 31 Section 3. This Resolution shall become effective immediately upon passage. 32 PASSED AND ADOPTED this day of , 2018. 33 CITY OF BOYNTON BEACH, FLORIDA 34 35 YES NO 36 37 Mayor— Steven B. Grant 38 39 Vice Mayor—Christina L. Romelus 40 41 Commissioner—Mack McCray 42 43 Commissioner—Justin Katz 44 45 Commissioner—Joe Casello 46 47 48 VOTE 49 50 ATTEST: 51 52 53 54 Judith A. Pyle, CMC 55 City Clerk 56 57 58 59 (Corporate Seal) CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\B59443A6-EF04-4298-8DAE-2891581 F91 F5\Boynton Beach.10271.1.Florida_Caribbean—Architecture_Consultant_Agreement__Reso.doc Page 540 of 600 CONSULTANT AGREEMENT FOR PROJECT MANAGEMENT SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and Florida Caribbean Architecture, Inc., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Consultant is retained by the City to perform Project Management Services/Owners' Representative services in connection with the project designated City of Boynton Beach Town Square development. 2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all services and provide all work product required pursuant to this agreement during the Town Square Project as determined by the City. 4. PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be made in a lump sum payment of $15,200/Monthly unless express written modification of the agreement signed by the City. b. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. c. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Consultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. CA-1 Page 541 of 600 5. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. 6. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 7. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. 8. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of$1,000,000. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 9. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. CA-2 Page 542 of 600 11. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 14. TERMINATION. a. The City reserves the right to terminate this agreement at any time by giving thirty (30) days written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. 15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Attn: Lori LaVerriere, City Manager Notices to Consultant shall be sent to the following address: Florida Caribbean Architecure, Inc. 7 Erwood Place Boynton Beach, FL 33426 Attn: Anderson Slocombe, President CA-3 Page 543 of 600 17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this day of , 2018. CITY OF BOYNTON BEACH Steven B. Grant, ayor Consultant Attest/Authenticated: Title (Corporate Seal) Judith A. Pyle, CMC, City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary CA-4 Page 544 of 600 EXHIBIT "A" Scope of Services: It is Florida Caribbean Architecture, Inc. (FCA)understanding that the scope of work is based on the development of the Town Square project. Town Square project consists of the public improvements components described as: (a) a new City Hall, (b) a new Police Station, (c) a new Fire Station, (d) a new District Energy Plant, (e)renovation and improvements to historic High School Building, (f)public park and open space improvements, and (g)infrastructure improvements throughout the Project The Owner maintains ALL decision making authority and all contractual relationships flow back to the Owner. The Owner's Representative interfaces with all project team members, tracking issues and facilitating and expediting solutions. The Owner's Representative will be responsible for maintaining clear and concise communication, keeping accurate records and thorough documentation throughout all phases of the project. FCA will be responsible for monitoring (not managing)the following: 1. Preliminary design through final design to ensure that the project scope is achieved 2. The overall project budget 3. Permitting 4. Pre-construction 5. The bidding process 6. Construction related activities, including pay applications 7. Project close-out and occupancy 8. Move management and relocation Florida Caribbean Architecture, Inc. (CONSULTANT)will provide Owner's Representative services noted above. Services include monitoring the following: A. Project Management B. Design Phase C. Bidding Phase D. Construction Phase E. Final acceptance and move-in Tasks: Monitoring of the following: Task A: Project Management Monitoring: 1 Master Project schedule 2 Comprehensive Project Budget 3 Identify roles and responsibilities of each member of the project team 4 Attend all neighborhood zoning and planning approval meetings 5 Provide written and verbal reports to the Owner and other groups as directed 6 Provide advice regarding potential project pitfalls and suggesting solutions Page 545 of 600 Task B: Design Phase Monitoring: 1 Oversee overall Project Coordination 2 Review plans and specifications 3 Value engineering oversite 4 Identify all applications, permits and approvals Task C: Bidding Phase Monitoring: 1 Procurement oversite 2 Bid package preparation and contract Document Review 3 Overseeing selection, delivery and installation of fixtures, furnishings and equipment 4 Bid evaluation 5 Assist in general contractor selection and contract negotiation Task D: Construction Phase Monitoring: 1. Represent the Owner at regular project meetings. 2. Project schedule review and oversite. 3. Monitor construction schedule and alert Owner to conditions that may lead to delays in the completion of work and construction schedule issues. 4. Facilitate timely turnaround of shop drawings and submittals, by architects and vendors. 5. Conduct Project Meetings managing agendas, meeting minutes and action items. 6. On-site oversight construction monitoring to ensure compliance with approved documents. 7. Provide documentation and written record as to the progress, problems and recommended solutions. 8. Monitor status of inspections, change orders, construction changes and shop drawings. 9. Monitor construction to make sure building complies with design and specifications. 10. Communicate with architect's office and Owner regarding the daily progress and problems associated with construction. 11. Review changes as submitted by the contractor with the architect or engineer's office and keep the Owner informed. 12. Advocate on the part of the Owner during dispute, disagreements, modifications, or change orders. 13. Maintain project records and daily logs in an orderly manner, including -Correspondence - Contract documents -Change orders -Construction change directives -Reports of meetings, etc. 14. Review payment requests with architect's office and Owner. Task E: Final Acceptance & Move-in Monitoring: 1 Coordinate architect, consultant and Owner punch lists as construction nears completion. 2 Review the list of items to be: completed or corrected with the contractor and architect's office for issuance of Certificate of Substantial Completion. 3 Close-out and warranty procedures 4 Coordinate project close-out documentation, including as-builts, bonds, warranties, maintenance manuals, testing and demonstrations, etc. Page 546 of 600 12.A. LEGAL 5/1/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: Approve proposed settlement and authorize payment of $50,000 to settle the case of Barry Goldman v City of Boynton Beach. EXPLANATION OF REQUEST: Plaintiff filed a summons and complaint alleging negligence on behalf of the City from an incident occurring on March 14, 2015, which Plaintiff further alleged resulted in bodily injuries. Plaintiff's original demand was$200,000, which the City rejected. The parties attended Court-ordered mediation but were unable to reach an agreement. Following mediation, the City continued to litigate the case and prepare for trial in addition to continuing to attempt settlement. The City and the Plaintiff have reached a tentative agreement to settle this case for$50,000 and seek the approval of the Commission. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City does not admit liability by agreeing to any settlement. FISCAL IMPACT: Budgeted If the Commission rejects the Plaintiff's settlement offer of$50,000, additional defense and trial costs are estimated to be $30,000. The time and indirect costs (such as lost productivity) for City staff who are required to attend trial (estimated 4-5 days) is an additional factor for consideration. ALTERNATIVES: Reject Plaintiff's settlement offer, return this matter to the Court to reset a trial date, and incur additional defense expenses of approximately $30,000. This alternative also presents the usual risks associated with allowing a jury to control the outcome of a case, which could result in additional costs to the City (judgment or appeal) should the jury rule in favor of the Plaintiff. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 547 of 600 Is this a grant? Grant Amount: Page 548 of 600 12.B. LEGAL 5/1/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-007 - FIRST READING - Approve Amendments to Abandoned Personal and Real Property Code (10-51.5) -Amending the GARBAGE, TRASH, AND OFFENSIVE CONDITIONS, Chapter 10, Article 111, Abandoned Property, Section 10-51.5; to clarify the definitions of default and mortgagee; and to clean up language as to when a registration is required. EXPLANATION OF REQUEST: PROCHAMPS, a Community Champions Company has administered our City's defaulted property registration program since its inception in 2010. This program was initiated pursuant to City Ordinance 09- 040 for the purpose of requiring mortgagees to register and maintain properties in default to include providing key contact information and paying an annual fee for each property registered. The intent of the Ordinance was to identify all property in default as a means of maintaining properties at risk of becoming vacant and a blighting influence in the community. The proposed amendments are the result of routine Ordinance audits by PROCHAMPS and discussion and collaboration with City staff. Previous years collections: FY 16/17 $266,150 FY 15/16 $203,100 FY 14/15 $346,600 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Non-budgeted N/A ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 549 of 600 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance amending Chapter 10, Article I11, Abandoned Property Page 550 of 600 I ORDINANCE NO. 18- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING THE CITY OF BOYNTON BEACH 5 CODE OF ORDINANCES, CHAPTER 10, "GARBAGE, 6 TRASH AND OFFENSIVE CONDITIONS", ARTICLE III, 7 "ABANDONED PROPERTY", SECTION 10-51.59 8 "ABANDONED PERSONAL AND REAL PROPERTY" TO 9 CLARIFY THE DEFINITIONS AND CLEAN UP LANGUAGE 10 AS TO WHEN REGISTRATION IS REQUIRED; 11 PROVIDING FOR REPEAL OF LAWS IN CONFLICT, 12 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 13 DATE. 14 15 WHEREAS, PROCHAMPS, a Community Champions Company, has administered 16 the City's defaulted property registration program since it's inception in 2010; and 17 WHEREAS, this program was initiated for the purpose of requiring mortgagees to 18 register and maintain properties at risk of becoming vacant and a blight in the community. 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 21 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed 22 as being true and correct, and are hereby incorporated herein and made a part hereof. 23 Section 2. Chapter 10, "Garbage, Trash and Offensive Conditions", Article III, 24 "Abandoned Property", Section 10-51.5, "Abandoned Personal and Real Property" of the Code 25 of Ordinances is hereby amended as follows: 26 Sec. 10-51.5. Abandoned personal and real property. 27 (a) Purpose and intent. It is the purpose and intent of this section to establish a process to 28 address the amount of abandoned personal and real property located within the City. This 29 section is further intended to specifically establish an abandoned property program as a 30 mechanism to protect neighborhoods from becoming blighted through the lack of adequate 31 maintenance and security of abandoned properties. 32 (b) Definitions. The following words, terms and phrases, when used in this chapter, shall 33 have the meanings ascribed to them in this section, except where the context clearly indicates 34 a different meaning: C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\32F5D708-1078-4A98-8957- 96B7834CC28C\Boynton Beach.10152.1.Property_Registration_-_Ordinance.doc 8 Page 551 of 600 I Abandoned personal property: Property that has been left abandoned and unprotected 2 from the elements and shall include, but not be limited to, wrecked, inoperative or partially 3 dismantled trailers, boats, machinery, refrigerators, washing machines, plumbing fixtures, 4 furniture and any other similar article that has been left abandoned and unprotected from the 5 elements. 6 Abandoned real property: Any Real Property that is encumbered by a mortgage in 7 Default, is subject to an ongoing foreclosure action, has been the subject of a foreclosure 8 action and a judgement has been entered, or has been the subject of a foreclosure sale where 9 the title was transferred to the beneficiary of a mortgage involved in the Foreclosure and any 10 properties transferred under a deed in lieu of foreclosure/sale. 11 Accessible property: A property that is accessible through a compromised/breached gate, 12 fence, wall, and the like. 13 Accessible structure: A structure/building that is unsecured and/or breached in such a way 14 as to allow access to the interior space by unauthorized persons. 15 Default: The mortgagor has not complied with the terms of the mortgage on the property, 16 or the promissory note, or other evidence of the debt, referred to in the mortgage. 17 Enforcement officer: Any full-time law enforcement officer, building official, code 18 enforcement officer, fire inspector or building inspector employed within the City. 19 Evidence of vacancy: Any condition that, on its own or combined with other conditions 20 present, would lead a reasonable person to believe that the property is Vacant. Such 21 conditions may include, but are not limited to, overgrown and/or dead vegetation; past due 22 utility notices and/or disconnected utilities; accumulation of abandoned personal property, as 23 defined herein; the absence of furnishings and/or personal items consistent with habitation or 24 occupancy; the presence of an unsanitary, stagnant swimming pool; accumulation of 25 newspapers, circulars, flyers and/or mail; statements by neighbors, passers-by, delivery agents 26 or government agents; and/or the presence of boards over doors, windows, or other openings 27 in violation of applicable code, or any other evidence that the property is vacant. 28 Foreclosure: A process, proceeding, or action to enforce a mortgage by terminating a 29 property owner's interest in mortgaged property or by obtaining possession of mortgaged 30 property.. 31 Mortgagee: The creditor, including but not limited to, trustees; mortgage servicing 32 companies; lenders in a mortgage agreement; any agent, servant, or employee of the creditor; 33 any successor in interest; or any assignee of the creditor's rights, interests or obligations under 34 the mortgage agreement; or any other person or entity with the legal right to foreclose on the 35 Real Property. 36 Nominal salvage value: The value of an article of abandoned or derelict property that a 37 reasonably prudent person would believe is the fair market value of the property, taking into 38 consideration its useful life, earning capacity or replacement cost, less depreciation. Items of 39 general or special depreciation would be nominally greater than the costs of salvage, 40 including the removal, transportation, storage and sale of same. 41 Property management company: A local property manager, property maintenance 42 company or similar entity responsible for inspecting, maintaining, and securing the abandoned 43 Real Property. 44 Public property: Canals, all waterways, lands and improvements owned by a 45 governmental body or any governmental agency, including but not limited to, easements and 46 rights-of-way, but excluding the campus of any institution of the state university system. C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\32F5D708-1078-4A98-8957- 96B7834CC28C\Boynton Beach.10152.1.Property_Registration_-_Ordinance.doc 8 Page 552 of 600 I Real Property: Any residential or commercial land and/or buildings, leasehold 2 improvements and anything affixed to the land, or portion thereof identified by a property 3 parcel identification number, located in the limits of the City of Boynton Beach. 4 Semi Annual Registration: Six (6) months from the date of the first action that requires 5 registration, as determined by the City of Boynton Beach, or its designee, and every 6 subsequent six (6) months. The date of the initial registration may be different than the date of 7 the first action that required registration. 8 Vacant: Any parcel of land, building, or structure that is not legally occupied. 9 (c) Applicability. This section shall be considered cumulative and not superseding or 10 subject to any other law or provision for same, but shall rather be an additional remedy 11 available to the City above and beyond any other state, county and/or local provisions for 12 same. 13 (d) Penalties. Any person who shall violate the provisions of this section shall, upon 14 conviction, be punished as provided in Section 1-6 of the City's Code of Ordinances Code as 15 applicable. In addition, any violation of this section may be enforced through the City's Code 16 Compliance Board, as provided in Chapter 2, Article V, of the City's Code of Ordinances. 17 (e) Placement of abandoned personal property on private property prohibited. 18 (1) It shall be unlawful for any person to abandon personal property upon private 19 property: 20 a. Without such receiving the property owner's consent; or 21 b. In violation of this or any other applicable law, ordinance or regulation. 22 (2) Nothing in this section shall be deemed to apply to abandoned personal property 23 authorized to be left on private business property properly operated, licensed and zoned in the 24 City for the purpose of accepting abandoned property. 25 (f) Public nuisance. All abandoned personal property and Abandoned Real Property is 26 hereby declared to be a public nuisance, the abatement of which, pursuant to the police power, 27 is hereby declared to be necessary for the health, welfare and safety of the residents of the 28 City. 29 (g) Notification procedure. When an enforcement officer ascertains that an article of 30 personal property having nominal salvage value lies abandoned or derelict upon private 31 property, that officer shall: 32 (1) Cause a notice to be placed upon such abandoned property in the substantially 33 following form: 34 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE FOLLOWING 35 DESCRIBED PROPERTY: 36 (setting forth brief description) 37 LOCATED AT: 38 (setting forth brief description of location) 39 is: 40 IMPROPERLY STORED AND IS IN VIOLATION OF 41 (setting forth ordinance or resolution violated) 42 AND MUST BE REMOVED WITHIN FIVE(5)DAYS FROM THE DATE OF THIS 43 NOTICE; OTHERWISE IT SHALL BE PRESUMED TO BE ABANDONED PROPERTY, 44 AND MAY BE REMOVED AND SOLD OR DESTROYED BY ORDER OF THE CITY OF 45 BOYNTON BEACH, FLORIDA, DATED THIS: 46 (setting forth the date of posting of notice) C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\32F5D708-1078-4A98-8957- 96B7834CC28C\Boynton Beach.10152.1.Property_Registration_-_Ordinance.doc 8 Page 553 of 600 I SIGNED 2 (setting forth name, title, address and telephone number of enforcement officer) 3 (2) Such notice shall be not less than eight(8)inches by ten (10)inches, and be 4 sufficiently weatherproof to withstand normal exposure to the elements. 5 (3) The enforcement officer shall make reasonable effort to ascertain the name and 6 address of the owner of the abandoned property and, if such address is reasonably available, 7 the officer shall mail, by certified mail, a copy of the notice to the owner, on or before the 8 date of posting the above-described notice on the abandoned personal property. 9 (4) The enforcement officer shall mail, by certified mail, a copy of the above-described 10 notice to the owner of the Real Property upon which the abandoned personal property is 11 located, as shown by the real estate tax records as provided by the Palm Beach County 12 Property Appraiser's Office, or any other address provided to the local government by such 13 owner, on or before the date of posting such notice. 14 (h) Removal of abandoned personal property. 15 (1) If at the end of five (5) days after posting notice under this section, the owner or any 16 person interested in such abandoned personal property described in the notice has not 17 removed same, the City may seek an appropriate order from the special magistrate or code 18 enforcement board, and may subsequently cause the article of abandoned personal property to 19 be removed and destroyed, and the salvage value, if any, of such article shall be retained by 20 the City, to be applied against the cost of removal and destruction thereof. 21 (2) Before destruction, for abandoned property on private lands, at the end of the five (5) 22 day period of posting of such notice, if the owner or person having interest in the property has 23 not removed the abandoned property from private property, or shown reasonable cause for 24 failure to do so, the City may cause the property so described to be removed by a towing or 25 salvage company, which shall cause the article or articles of abandoned property to be 26 removed and placed in storage, if applicable with the local, state and federal regulations. At 27 the conclusion of the required storage, if the article is not claimed, and if the salvage value is 28 above one hundred dollars ($100.00), the towing company shall pay the City the sum of 29 twenty-five dollars ($25.00) or ten percent(10%) of such value, whichever is greater, for the 30 administrative costs in handling with the article. If the article is claimed, the City shall 31 receive twenty-five dollars ($25.00) as an administrative fee. 32 (3) It is unlawful to remove abandoned personal property, including inoperative vehicles, 33 from private property to public property after the posting of the property by an enforcement 34 officer. 35 (4) In the event that the abandoned property is deemed to bean imminent public health 36 and safety hazard, an enforcement officer is authorized to remove the property immediately. 37 Subsequent to the removal of the abandoned property, the City shall make reasonable and 38 diligent efforts to ascertain the owner and take the applicable action. If the abandoned 39 property is on private property, the private property owner shall be provided notice and 40 assessed the cost of removal of the abandoned property and any required clean-up of the 41 private property. 42 (i) Registration of Abandoned Real Property. 43 (1) Any Mortgagee who holds a mortgage on Real Property located within the City shall 44 perform an inspection of the property that is the security for the mortgage, upon 45 Default by the mortgagor, or prior to the issuance of a notice of default. C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\32F5D708-1078-4A98-8957- 96B7834CC28C\Boynton Beach.10152.1.Property_Registration_-_Ordinance.doc 8 Page 554 of 600 1 (2) Within ten (10) days of the date any Mortgagee declares its mortgage to be in Default, 2 the Mortgagee shall register the Real Property with the City's foreclosure registry, 3 and, at the time of registration, indicate whether the property is Vacant, and if so shall 4 designate in writing a Property Manager to inspect, maintain and secure the Real 5 Property subject to the mortgage in Default or Defaulted. A separate registration is 6 required for each Defaulted property. 7 (3) Property inspected pursuant to subsection (1) above that remains in Default shall be 8 inspected every thirty (30) days by the Mortgagee or Mortgagee's designee. If an 9 inspection shows a change in the property's occupancy status the Mortgagee shall, 10 within ten (10) days of that inspection, update the occupancy status of the property 11 registration. 12 (4) Registration pursuant to this section shall contain the name of the Mortgagee, the 13 direct mailing address of the Mortgagee, a direct contact name and telephone number 14 of Mortgagee, facsimile number and e-mail address, and the local Property 15 Management Company responsible for the security and maintenance of the property 16 and the direct contact name and telephone number of the manager, facsimile number 17 and email address, and mobile number for direct contact. 18 (5) ) An annual registration fee in an amount set by the City Commission, per property, 19 shall accompany the registration. 20 (6) This section shall also apply to properties that have been the subject of a foreclosure 21 sale, where the title was transferred to the beneficiary of a mortgage involved in the 22 foreclosure and any properties transferred under a deed in lieu of foreclosure/sale. 23 (7) Properties subject to this section shall remain under the annual registration 24 requirements, security and maintenance standards of this section as long as the 25 mortgage is under Foreclosure or in Default or Defaulted. 26 (9) Any person or corporation that has registered a property under this section must report 27 any change of information contained in the registration within ten (10) days of the 28 change. 29 (10) If any property is in violation of this Chapter the City may take any necessary 30 actions permitted by law to ensure compliance and the City may place a lien on the 31 property for the cost of the outstanding obligation and any additional costs incurred to 32 bring the property into compliance. 33 34 (j) Maintenance requirements. 35 (1) In addition to the complying with the City's Property Maintenance Code, properties 36 subject to this chapter shall be kept free of weeds, overgrown brush, dead vegetation, trash, 37 junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices, 38 except those required by federal, state or local law, discarded personal items included, but not 39 limited to, furniture, clothing, large and small appliances, printed material or any other items 40 that give the appearance that the property is abandoned. 41 (2) The property shall be maintained free of graffiti or similar markings by removal or 42 painting over with an exterior grade paint that matches the color of the exterior structure. 43 (3) Front, side and rear yard landscaping shall be maintained in accordance with the 44 City's Code of Ordinances at the time registration was required. C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\32F5D708-1078-4A98-8957- 96B7834CC28C\Boynton Beach.10152.1.Property_Registration_-_Ordinance.doc 8 Page 555 of 600 1 (4) Landscape shall include, but not be limited to, grass, ground covers, bushes, shrubs, 2 hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically 3 for residential installation. Landscape shall not include weeds, gravel, broken concrete, 4 asphalt or similar material. 5 (5) Maintenance shall include, but not be limited to, watering, irrigation, cutting and 6 mowing of required landscape and removal of all trimmings. 7 (6) Pools and spas shall be maintained so the water remains free and clear of pollutants 8 and debris. Pools and spas shall comply with the enclosure requirements of this code and the 9 Florida Building Code, as amended from time to time. 10 (7) Failure of the mortgagee and/or property owner of record to properly maintain the I I property may result in a violation of this code and issuance of a citation or notice of 12 violation/notice of hearing by a City Code Compliance Officer. Pursuant to a finding and 13 determination by the City's Code Compliance Board, the City may take the necessary action 14 to ensure compliance with this section. 15 (k) Security requirements. 16 (1) Properties subject to this section shall be maintained in a secure manner so as not to 17 be accessible to unauthorized persons. 18 (2) A secure manner shall include, but not be limited to, the closure and locking of 19 windows, doors, gates and other openings of such size that may allow a child to access the 20 interior of the property and/or structure. Broken windows shall be secured by re-glazing. 21 (3) A local property management company shall be contracted to perform bi-weekly 22 inspections to verify compliance with the requirements of this section, and any other 23 applicable laws. 24 (4) The property shall be posted with the name and twenty-four(24) hour contact phone 25 number of the local property management company. The posting shall be no less than an 26 eight-inch-by-ten-inch sign. The posting shall contain the following language: 27 THIS PROPERTY IS MANAGED BY: 28 (Name of property management company) 29 TO REPORT PROBLEMS OR CONCERNS CALL: 30 (Telephone number of property management company) 31 The posting shall be placed on the interior of a window facing the street to the front of the 32 property so it is visible, or secured to the exterior of the building/structure facing the street to 33 the front of the property so it is visible, or if no such area exists, on a stake of sufficient size to 34 support the posting in a location as close as possible to the main door entrance of the property. 35 Exterior posting shall be constructed of and printed with weather-resistant materials. 36 (5) The local property management company shall inspect the property on a bi-weekly 37 basis to ensure that the property is in compliance with this section. Upon the request of the 38 City or its authorized representative, the local property management company shall provide a 39 copy of the inspection reports to the Code Compliance Department. 40 (6) Failure of the Mortgagee and/or property owner of record to properly maintain the 41 property may result in a violation of this code and issuance of a citation or notice of 42 violation/notice of hearing by a City Code Compliance Officer. Pursuant to a finding and 43 determination by the City's Code Compliance Board, the City may take the necessary action 44 to ensure compliance with this section. C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\32F5D708-1078-4A98-8957- 96B7834CC28C\Boynton Beach.10152.1.Property_Registration_-_Ordinance.doc 8 Page 556 of 600 1 (1) Opposing, obstructing enforcement officer;penalty. Whoever opposes, obstructs or 2 resists any City officer or any person authorized by the City in the discharge of duties as 3 provided in this section, shall, upon conviction, be punished as provided herein. 4 (m) Immunity of Code Compliance Officer. Any Code Compliance Officer, or any person 5 authorized by the City to act pursuant to the City's Code of Ordinances or state law, shall be 6 immune from prosecution, civil or criminal, for reasonable, good faith trespass upon Real 7 Property while in the discharge of duties imposed by this section. 8 (n) Additional authority. The City's Code Compliance Administrator, his/her designee, or 9 the City's authorized representative shall have authority to require the Mortgagee and/or 10 owner of record of any property affected by this section, to implement additional maintenance 11 and/or security measures, including but not limited to, securing any and all doors, windows or 12 other openings, employment of an on-site security guard, or other measures as may be 13 reasonably required to help prevent further decline of the property. 14 (o) Adoption of rules; expenditure of funds; declaration of municipal purpose. The City 15 Manager, consistent with his/her duties and authorities under the City Charter, including those 16 duties and authorities relating to emergency situations, is authorized and empowered to adopt 17 rules and regulations and expend City funds as may be reasonably necessary and available to 18 carry out the terms of this section, the expenditure of such funds being declared a proper 19 municipal purpose. 20 (p)Severability. It is hereby declared to be the intention of the City that the sections, 21 paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, 22 clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by 23 the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality 24 shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of 25 this ordinance. 26 27 Section 3. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions 28 in conflict herewith be and the same are hereby repealed to the extent of such conflict. 29 Section 4. If any clause, section, or other part or application of this Ordinance shall 30 be held by any court of competent jurisdiction to be unconstitutional or invalid, such 31 unconstitutional or invalid part or application shall be considered as eliminated and so not 32 affecting the validity of the remaining portions or applications remaining in full force and effect. 33 Section 5. This Ordinance shall become effective on passage. 34 FIRST READING this day of 2018. 35 36 SECOND, FINAL READING AND PASSAGE this day of 37 2018. 38 39 CITY OF BOYNTON BEACH, FLORIDA C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\32F5D708-1078-4A98-8957- 96B7834CC28C\Boynton Beach.10152.1.Property_Registration_-_Ordinance.doc 8 Page 557 of 600 1 2 YES NO 3 Mayor— Steven B. Grant 4 5 Vice Mayor— Christina L. Romelus 6 7 Commissioner—Mack McCray 8 9 Commissioner—Justin Katz 10 11 Commissioner—Joe Casello 12 13 14 VOTE 15 ATTEST: 16 17 18 Judith A. Pyle, CMC 19 City Clerk 20 21 (Corporate Seal) CAAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\32F5D708-1078-4A98-8957- 96B7834CC28C\Boynton Beach.10152.1.Property_Registration_-_Ordinance.doc 8 Page 558 of 600 12.C. LEGAL 5/1/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. R18-008 - FIRST READING -Approve the revised and updated City ordinances to regulate the Fire Department. This is a revision of the local fire prevention ordinances as is required by Florida State Statute when a new edition of the Florida Fire Prevention Code has been adopted. Approval of this revision by the Board will allow our fire prevention ordinances to be consistent with the latest version of the Fire Prevention Code and comply with State Statutes. EXPLANATION OF REQUEST: Section 9 of the City Ordinances pertaining to fire prevention and control must remain consistent with the latest edition of the Florida Fire Prevention Code which is revised every three (3) years. The statute also requires local government to review local ordinances to ensure that they are consistent with the latest edition of the code. This revision of Section 9 of the City Ordinances complies with this statutory requirement. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The adoption of this revision will allow the Fire Department and the City of Boynton Beach to comply with State Statutes. It will update our local ordinances to become consistent with the Florida Fire Prevention Code. Ambiguous and outdated language has been revised to increase clarity and to improve our ability to deliver the best service to our community. FISCAL IMPACT: Non-budgeted The changes will included updated fire fees ALTERNATIVES: N/A STRATEGIC PLAN: Redevelop Downtown STRATEGIC PLAN APPLICATION: Approval of this revision will expedite the plans review, permitting, and our annual fire inspection activities to facilitate the downtown redevelopment. CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Page 559 of 600 Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance revising entire Chapter 9 Fire Protection and Prevention Page 560 of 600 I ORDINANCE NO. 18- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, DELETING THE CURRENT CHAPTER 9, "FIRE 5 PROTECTION AND PREVENTION" IN ITS ENTIRETY 6 AND CREATING A NEW CHAPTER 9, "FIRE 7 PROTECTION AND PREVENTION"; PROVIDING FOR 8 REPEAL OF LAWS IN CONFLICT, SEVERABILITY, 9 CODIFICATION AND AN EFFECTIVE DATE. 10 11 WHEREAS,the Florida Fire Prevention Code is revised every three (3) years; and 12 WHEREAS, pursuant to Florida Statutes, local government is required to ensure that 13 they are consistent with the latest edition of the Florida Fire Prevention Code. 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 15 CITY OF BOYNTON BEACH, FLORIDA THAT: 16 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed 17 as being true and correct, and are hereby incorporated herein and made a part hereof. 18 Section 2. Chapter 9 entitled "Fire Protection and Prevention" of the Code of 19 Ordinances is hereby deleted in its entirety. 20 Section 3. A new Chapter 9 entitled "Fire Protection and Prevention" of the Code 21 of Ordinances is hereby created to read as follows: 22 ARTICLE I. GENERAL 23 24 Sec. 9-1. Boynton Beach Fire Code; Fire Codes Adopted 25 26 The Florida Fire Prevention Code, the NFPA 1 Fire Prevention Code, 2015 edition, the NFPA 27 101 Life Safety Code, 2015 edition, and any subsequent additions adopted by state statute, are 28 adopted as the fire prevention code of the city. These standards and codes are hereby adopted 29 and incorporated as fully as if set out at length in this section. Not less than one copy of the 30 adopted issue of the NFPA Fire Prevention Code, 2015 edition, the NFPA 101 Life Safety 31 Code, 2015 edition, and any subsequent additions adopted by state statute shall be filed in the 32 office of the city clerk and the provisions thereof shall be controlling within the limits of the 33 city and within any municipality which has entered into an interlocal agreement or contract 34 for services from Boynton Beach Fire Rescue unless otherwise provided for. C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\B8DBF085-94C4-46C3-BA94- FE460F6C5FC1\Boynton Beach.10073.1.Fire_Protection_and_Prevention_Chapter_9_-_Ordinance.doc 13 Page 561 of 600 1 2 3 4 5 Sec® 9-2m Enforcement Authority 6 7 1. All regulations issued by the State Fire Marshal under authority of F.S. Ch. 633, shall 8 be enforceable by the Fire Chief and the Fire Marshal, or designee. The Fire Marshal 9 is hereby authorized to perform within the city any duties that may be imposed upon 10 by such law, or in accordance therewith, and to have such assistance, as needed, from 11 other officials of the city in the discharge of such duties. 12 13 2. Periodic fire safety inspections. 14 15 A. The Florida Fire Prevention Code and the Florida Statue provides that each 16 municipality, county, and special district with fire safety responsibilities is 17 required to enforce the Florida Fire Prevention Code. Such enforcement 18 requires inspections of each new structure or buildings whose occupancy type 19 as defined by the state statute and the Florida fire prevention Code. Fire safety 20 annual inspections shall be conducted on each existing structure or building as 21 defined by the State Statue 633 and the Florida fire prevention Code as adopted 22 by the state Fire Marshal. 23 24 B. No such building shall be occupied without the required fire safety inspection. 25 The frequency of the inspections shall be annually or as otherwise determined 26 by the Fire Marshal. A building occupied in violation of this section is subject 27 to a fine of five hundred dollars ($500.00)per day. Each day constitutes a 28 separate and continuing offense. The city may enforce this provision of the 29 Code by action before the Code Enforcement Board, by notice to appear for 30 violation of a municipal ordinance, or by action for injunctive relief. The fines 31 provided herein are in addition to the penalties authorized by F.S. § 205.053. 32 33 C. The inspection or permitting of any building or plan under the requirements of 34 this code shall not be construed as a warranty of the physical condition of such 35 building or the adequacy of such plan. The city or its employees shall not be 36 liable in tort for damages for any defect or hazardous or illegal condition or 37 inadequacy in such building or plan, or for any failure of any component of 38 such building, which may occur subsequent to such inspection or permitting, 39 pursuant to this code. 40 41 D. Records of all system inspections, tests and maintenance required by the 42 referenced standards shall be maintained on the premises for a minimum of 43 three (3) years and shall be provided to the fire district through a third-party 44 inspection reporting system,. 45 C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\B8DBF085-94C4-46C3-BA94- FE460F6C5FC1\Boynton Beach.10073.1.Fire_Protection_and_Prevention_Chapter_9_-_Ordinance.doc 13 Page 562 of 600 1 2 Sec® 9-3. Examination uil ing Permits 3 4 1. No building permit shall be issued by the Building Department for new construction, 5 demolition, moving of existing buildings or renovation of existing structures normally 6 requiring a building permit until a complete set of plans and/or specifications have 7 been examined and approved by the Fire and Life Safety Division. 8 9 2. No building that requires a Certificate of Occupancy (CO)from the Building Official 10 shall be occupied for any purpose until a Fire Department Fire Final Has been 11 approved. 12 13 3. Nothing in this section shall apply to single-family or duplex residential units. 14 Exception: Fire sprinkler systems, generators, or gas installations. 15 16 4. When work for which a permit is required by this chapter is started prior to issuance 17 of a permit, the fees herein specified shall be four times the original fee. 18 19 5. The payment of such fees shall not relieve any person from fully complying with the 20 requirements of this chapter in the execution of the work, nor from any other 21 penalties prescribed herein. 22 23 24 Sec® 9-4. Penalty for Violations 25 26 1. Failure to comply with any provisions of this chapter shall be deemed a violation. 27 28 2. Any person or entity violating any provision of this chapter shall be punishable as 29 provided in the Florida Fire Prevention Code, section 1-16 of NFPA 1 and as provided 30 in the City Of Boynton Beach Code of Ordinances. 31 32 3. The application of a penalty for violation of this chapter shall not be held to prevent 33 the enforced removal of prohibited conditions. 34 35 36 ARTICLE II. FIRE ALARMS AND AUTOMATIC FIRE 37 EXTINGUISHING SYSTEMS 38 39 Sec® 9-5m Automatic Fire Protection Systems 40 41 Existing building or structure, for purposes of this section, means a building or structure for 42 which an application for building permits is sought after the date of the adoption of this 43 chapter. C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\B8DBF085-94C4-46C3-BA94- FE460F6C5FC1\Boynton Beach.10073.1.Fire_Protection_and_Prevention_Chapter_9_-_Ordinance.doc 13 Page 563 of 600 1 2 1. All automatic fire protection systems (i.e. sprinkler, standpipe, fire pump systems and 3 other suppression systems) shall be maintained under a written service contract with 4 service companies licensed by the State of Florida to provide such services and which 5 possess a current business tax receipt for the city, providing for regular maintenance 6 and testing of the systems in accordance with all applicable codes and standards. 7 8 9 A. The service company performing the maintenance and tests shall forward a 10 written report to the Fire and Life Safety Division indicating the nature of any 11 repairs, modifications and/or corrections completed by the service company, 12 the date and time of such tests and inspections, and any other information 13 which may be required by the Fire Rescue Department. In addition, a copy of 14 the service report must be maintained on the premises, and it shall be subject to 15 inspection at any time. 16 17 B. All fire alarm signal systems, automatic extinguishing and/or detection systems 18 shall be provided with an approved annunciator panel designed to indicate the 19 floor number and the section of the building reporting a fire alarm or fire 20 condition. Each alarm-initiating device shall indicate an individual location on 21 such annunciator. The alarm initiating device shall indicate its individual 22 location to the monitoring central station. The annunciator shall respond to 23 either manual or automatic devices, and all devices within the system shall be 24 connected to the annunciator. The location of the annunciator panel shall be 25 designated by the Fire and Life Safety Division, and it shall be so located as to 26 be immediately available to the Fire Rescue Services Department at all times. 27 In a complex with multiple buildings, each building shall have its own 28 transmitter for alarm signal disposition to the central station. 29 30 C. All new buildings and structures more than three (3) stories or thirty-six (36) 31 feet in height or all buildings more than two (2) stories in height and more than 32 30,000 square feet per floor level, shall be equipped with approved Class 1 33 standpipes to provide reasonable safety to persons and property. 34 35 D. Approved automatic fire sprinkler systems as hereinafter defined shall be 36 installed throughout the following buildings and structures: 37 38 Buildings of an institutional or educational character, hospitals, nursing 39 homes, homes for the aged, convalescent centers, rehabilitation 40 facilities, day care centers for more than twelve (12) clients under one 41 (1) year of age, adult congregate living facilities, and all occupancies 42 and uses of similar nature to those herein stated, without regard to the 43 type of construction or height of the building involved. 44 C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\B8DBF085-94C4-46C3-BA94- FE460F6C5FC1\Boynton Beach.10073.1.Fire_Protection_and_Prevention_Chapter_9_-_Ordinance.doc 13 Page 564 of 600 1 2. An approved audible and visual waterflow alarm (horn/strobe) shall be provided on 2 the exterior of the building in an approved location, facing the street front of the 3 building. 4 3. A weatherproof horn/strobe or speaker/strobe shall be installed directly above the key 5 box at a height easily seen upon approach to the area. 6 7 8 Sec® 9-6m -Fire Alarm System Certification Requirements 9 10 1. The applicant for a required fire alarm installation permit shall submit to fire rescue 11 services department plan review, along with the permit application, documentation 12 listing the NRTL central station for the alarm system, and provide documentation of 13 the Nationally Recognized Testing Laboratory (NRTL) certification at time of 14 acceptance testing of the fire alarm system or added components. 15 16 2. The applicant must demonstrate that the fire alarm monitoring will be performed by 17 a NRTL certificated central station. 18 19 3. All required NRTL certificated fire alarm systems must maintain NRTL compliance 20 and NRTL monitoring. 21 22 Sec® 9-7m - False Alarm Signal Service Charge; Collection. 23 24 1. For response to excessive false alarm signals by the Fire Rescue Department, the 25 alarm user shall be charged a service fee by the city as established by resolution of the 26 City Commission and on file in the City Clerk's office for the first false alarm signal 27 in excess of three false alarm signals in any 12-month period, a service fee as 28 established by resolution of the city commission for the second false alarm signal in 29 excess of three in any in any 12-month period, and a service fee as established by 30 resolution of the City Commission for the third and each successive false alarm signal 31 in excess of three in any 12-month period. The provisions of this section shall not 32 apply for a period of three months from the date a permit is issued by the city for the 33 installation of an automatic fire detection system. The Fire Marshal shall determine 34 whether a false alarm signal has been transmitted and the frequency of such false 35 alarm signals, and the city shall notify alarm users of amounted owed to the city and 36 shall make demand thereof pursuant to the provisions of this section. 37 38 2. False alarms could also be defined as excessive public assist calls wherein no 39 medical services are provided. 40 41 C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\B8DBF085-94C4-46C3-BA94- FE460F6C5FC1\Boynton Beach.10073.1.Fire_Protection_and_Prevention_Chapter_9_-_Ordinance.doc 13 Page 565 of 600 I Sec® 9-8. -Alarm Registration. 2 All required fire alarm systems must comply with the requirements of di r2,5, Code of 3 Ordinances. 4 5 Sec® 9-9m Fire Protection Water Supply Requirements. 6 7 1. In accordance with NFPA 24 (2013) Section 5.1.1, design of water based suppression 8 systems that are not supplied by fire pumps, shall be based on drought conditions (45 9 psi static per the Utilities Department). 10 11 2. New construction projects must provide the results of a hydrant flow test performed by 12 the Fire Rescue Department, indicating a fire flow not less than 1500 gpm @ 20 psi 13 above domestic use. This applies to new or existing hydrants within the required 200 14 feet of the facility. 15 16 3. The required fire flow for hydrants protecting high-rise buildings shall be 3000 gpm 17 @ 20 psi above domestic use. 18 19 4. Hydrants not in service (no water available) shall be covered with a black plastic bag 20 so as not to be mistaken for active hydrants available for fire suppression. 21 22 5. Water meters are prohibited on fire sprinkler supply lines. 23 24 25 Sec® 9-10. Fire Hydrants and Fire Department Connections 26 27 1. Reflective blue markers shall be placed to indicate the location of a hydrant. 28 29 2. Reflective red markers shall be placed to indicate the location of fire department 30 connections to a sprinkler or standpipe system. 31 32 3. Fire hydrants shall be painted red in accordance with specifications approved by the 33 Fire Chief. 34 35 4. A fire hydrant shall be located within one hundred (100)feet of the fire department 36 connection, along access roadways with all-weather driving surfaces, distance 37 measured as the fire truck travels. 38 39 ARTICLE III. FIRE CODES 40 41 Sec® 9-11m Open Fires 42 43 1. Defined. Open Fires are defined as any outdoor fire or open combustion of material 44 except barbecuing. Charcoal and propane fires, which are contained within a C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\B8DBF085-94C4-46C3-BA94- FE460F6C5FC1\Boynton Beach.10073.1.Fire_Protection_and_Prevention_Chapter_9_-_Ordinance.doc 13 Page 566 of 600 I manufactured hibachi, grill, smoker or gas grill for food preparation, do not constitute 2 open burning. 3 4 2. Prohibited generally. It shall be unlawful to have any open fires within the city limits 5 on public or private property, except for fire training purposes or recreational or 6 ceremonial occasions for which written permits from the Fire Rescue Department are 7 required. 8 9 10 Sec® 9-12m Roadway Security Gates and Emergency Access 11 12 1. All security gates across roadways used by emergency response vehicles must be 13 provided with an authorized key box or key switch to operate the gate in addition to 14 any other devices specified by the Fire Chief. Information on where authorized key 15 security boxes can be obtained is available from the Fire and Life Safety Division. 16 17 2. In case of power failure, any electronic gate shall open automatically and remain open 18 until power is restored. 19 20 3. In the event that emergency personnel are unable to gain rapid entry with the methods 21 above, forcible entry methods to gain entry may be used. The city and/or the Fire 22 Rescue Department shall not be responsible for, nor incur any costs as a result of 23 gaining access to a specific area. 24 25 4. Trees with branches over areas accessible to fire apparatus must maintain sixteen (16) 26 feet of vertical clearance. Vegetation shall not intrude into the roadway such that 27 would limit the free passage of emergency vehicles. 28 29 30 Sec® 9-13m Key BoxesE ntry Systems 31 32 In all new and existing buildings, except individual residential dwelling units of any kind, 33 there shall be installed a key box for such areas or buildings when the Fire Marshal 34 determines that access to or within a structure or an area is unduly difficult because of secured 35 doors and windows, security gates, or where immediate access is necessary for all life-saving 36 or firefighting purposes. The key box shall be a type approved by the Fire Marshal, and shall 37 contain: 38 39 1. Keys to locked points of egress, whether in common areas or on the interior or exterior 40 of such buildings; 41 42 2. Keys to locked mechanical equipment rooms; 43 44 3. Keys to fire alarm control panels; 45 46 4. Keys to suppression system components; C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\B8DBF085-94C4-46C3-BA94- FE460F6C5FC1\Boynton Beach.10073.1.Fire_Protection_and_Prevention_Chapter_9_-_Ordinance.doc 13 Page 567 of 600 1 2 5. Keys to locked electrical rooms; 3 4 6. Keys to elevator controls; and 5 6 7. Keys to other areas where fire rescue personnel may need emergency access as 7 directed by the Fire Marshal. The Fire Marshal shall approve the location of the lock 8 box. 9 10 11 Sec® 9-14. Control of Automatic Elevators; Emergency Use 12 13 1. Emergency auxiliary power required. 14 15 A. Emergency auxiliary electrical power shall be provided for all elevators 16 equipped with the key switch service for fire rescue services department 17 personnel. The auxiliary power supply shall be capable of supplying power to 18 the elevators for a period of at least 24 hours. The auxiliary power supply 19 shall be approved by the fire rescue services department. 20 21 B. Emergency auxiliary power shall remain on for the car in use by firefighters 22 regardless of selection switch devices, which may also be installed to rotate 23 emergency power to other cars in the building. 24 25 C. No more than 10 seconds shall be required for the auxiliary power to be in 26 full operation and the operation of the emergency power supply shall 27 automatically transfer to the firefighters' service car. 28 29 D. A maintenance schedule shall be maintained in the generator equipment room 30 to record all tests and operation of such auxiliary power equipment. The 31 records shall be posted and available to the fire rescue services department at 32 all times. 33 34 E. All auxiliary power equipment and automatic transfer apparatus shall be 35 tested weekly. 36 37 F. For all buildings, which are designed and constructed having separate towers, 38 each tower shall be treated as though it were a separate building. 39 40 41 2. In all buildings equipped with automatic elevators, at least one (1) designated elevator 42 servicing all floors of the structure shall be arranged for emergency use (firefighter's 43 service)by Fire Department personnel. The control of automatic elevators shall meet 44 the requirements as set forth under the state elevator code and ASME/ANSI, Al7.1. 45 46 3. Emergency use elevator to be identified C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\B8DBF085-94C4-46C3-BA94- FE460F6C5FC1\Boynton Beach.10073.1.Fire_Protection_and_Prevention_Chapter_9_-_Ordinance.doc 13 Page 568 of 600 1 2 4. A standard emergency access door key shall be provided for all elevators in the city 3 4 Sec® 9-15. Fireworks 5 6 1. The term Fireworks shall mean and include any combustible or explosive 7 composition, or any substance or combination of substances, or article prepared for the 8 purpose of producing a visible or an audible effect by combustion, explosion, 9 deflagration or detonation, as defined by F.S. Ch. 791. 10 11 2. The Fire Marshal may adopt reasonable rules and regulations for the granting of 12 permits for supervised displays of fireworks by the city, fair associations, civic groups, 13 and other organizations or groups of individuals. Prior to any outdoor use of fireworks, 14 pyrotechnic special effects, flame effects, or any other item listed in subsection (a) or 15 (b) of this section, a permit shall be obtained from the City Manager, or designee, after 16 submission of an application for such permit and payment of an application fee. Such 17 outdoor use shall be in accordance with NFPA Code 1123 and NFPA Code 1124. The 18 City Manager, or designee, may include such conditions in such permit as deemed 19 necessary to ensure compliance with all applicable requirements and protect the public 20 health, welfare and safety, including but not limited to payment of inspection fees. No 21 permit granted hereunder shall be transferable. 22 23 3. Before the issuance of a permit for a display of fireworks, the applicant shall furnish 24 proof of financial responsibility, in the form of liability insurance with a minimum of 25 $1,000,000.00 coverage for each occurrence to satisfy claims for damages to property 26 or personal injuries arising out of any act or omission on the part of the applicant or 27 any agent or employee thereof, in such amount, character and form as the Fire Marshal 28 determines to be necessary for the protection of the public. 29 30 4. No permit shall be issued under the provisions of this section to an applicant not 31 having an established place of business within the state for conduct of a display of 32 fireworks until the applicant has fulfilled the legal requirements for service of process 33 upon the person or entity seeking a permit. In the case of a corporation, proof of 34 registration with the Secretary of State, as a nonresident corporation shall be required. 35 36 5. During times of water shortages or water shortage emergencies, as determined by the 37 South Florida Water Management District and/or the city and defined in Chapter 40E- 38 21, Florida Administrative Code, as it may be amended from time to time; the 39 possession, use or sale of consumer fireworks, including sparklers as defined in F.S. § 40 791.01(8), is prohibited within the city limits without a permit as discussed above. 41 42 9-16. Fees for Fire Code Inspections and Other Fire Code tnspection-Related Services 43 Fees shall be charged to the user/consumer for new construction permits, inspections and 44 yearly fire prevention code inspections and re-inspections performed on structures or C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\B8DBF085-94C4-46C3-BA94- FE460F6C5FC1\Boynton Beach.10073.1.Fire_Protection_and_Prevention_Chapter_9_-_Ordinance.doc 13 Page 569 of 600 I buildings by the Fire Rescue Department as set forth in a resolution adopted by the city 2 commission. Fees for other fire code inspection-related services, including, but not limited 3 to, fire pump tests, hydrant tests, and preliminary plans review, shall be charged to the 4 user/consumer as set forth in a resolution adopted by the city commission. 5 6 Sec® 9-17. Requirements for High-Rise Buildings 7 8 1. The following life safety features shall be provided and maintained in working order 9 by the property owner in accordance with approved plans and specifications and shall 10 be tested, certified and proved to be in proper working condition at the owners cost to 11 the satisfaction of the Fire Marshal before issuance of the Certificate of Compliance. 12 13 a. Equipment storage rooms. Equipment rooms or areas as described in the Fire 14 Department Design Guide, for purpose of storing equipment for Fire 15 Department use shall be provided. 16 17 18 Sec® 9-18.—Public Safety Radio Communication System 19 20 In all new buildings, minimum radio signal strength for public radio signals shall be 21 required within the building. In buildings that cause reduction of public safety radio signals 22 below the acceptable level for reliable communications, a bi-directional amplifier (BDA) 23 shall be required. In buildings where phone jacks are required as part of an alarm system, a 24 BDA shall be installed and maintained by the building owner, in lieu of the phone jacks. 25 Installation and signal strength shall be the minimum requirements per NFPA 1, Annex O 26 (In-Building Public Safety Radio Enhancement Systems) or NFPA 72 edition, or as 27 specified by the AHJ. 28 29 3o ARTICLE IV. FIRE AND LIFE SAFETY DIVISION 31 32 Sec® 9-19 Inspection complaint; Order to Remedy anger; Evacuation of Occupied 33 Buildings or Structures 34 35 1. The Chief of the Fire Rescue Services Department, the Fire Marshal, or Fire 36 Inspector of the Fire and Life Safety Division may order the immediate cessation of 37 any activity, operation or process, when such operation, activity, or process is 38 deemed to constitute a severe and immediate hazard to persons or property. 39 4o 2. It is unlawful for any person who, after being served with either a verbal or written 41 order to cease such severe and immediate hazardous activity, operation or process, to 42 fail or refuse to comply with such an order. 43 44 3. The Fire Marshal, or designee may order the immediate evacuation of any occupied 45 building or structure or assembly area when such building, structure or assembly C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\B8DBF085-94C4-46C3-BA94- FE460F6C5FC1\Boynton Beach.10073.1.Fire_Protection_and_Prevention_Chapter_9_-_Ordinance.doc 13 Page 570 of 600 I area is deemed hazardous due to fire hazard, obstruction to exits, overcrowding of 2 the premises, or any other hazard or potential which presents immediate danger to 3 the occupants. The premises or any portion thereof may not be reoccupied until it 4 has been examined and deemed free of the hazard or potential which caused the 5 evacuation to be ordered. Persons refusing to obey either a verbal or written order of 6 the Fire Marshal or designee shall be subject to immediate arrest. 7 8 9 Sec® 9-20. - Authority to Require Employment of Standby Emergency Services 10 Personnel for Events Held Within the City 11 12 1. The Fire Marshal or designee is hereby authorized to require the employment of one 13 or more standby city emergency services personnel, by any owner, lessee, agent or 14 promoter, when in the Fire Marshal's opinion it is essential that such personnel be on 15 duty in any place of public assembly or any other place where people congregate. 16 The determination that standby emergency services personnel are required shall be 17 based upon the number of persons in attendance and the nature of the performance, 18 exhibition, display, contest, event or activity. While so employed, such personnel 19 shall be subject to the fire chief s orders at all times and shall be in uniform and 20 remain on duty during the times such places or events are open to the public, or 21 when the activity is being conducted. Paramedics or EMTs shall not be required or 22 permitted, while on duty, to perform any other duties than those specified in this 23 article. 24 25 2. Standby emergency services shall be provided exclusively through the City Fire 26 Rescue Department. The Fire Rescue Department is authorized to charge for services 27 rendered under this section, based upon the fire rescue department's cost to provide 28 the required level of emergency services including, any administrative expenses. The 29 Fire Chief may reduce or waive fees if deemed appropriate. 30 31 32 Sec® 9-21. Definitions; Authority andResponsibility; Cost Recovery for Special 33 Operations and Clean-up of Hazardous Materials. 34 35 1. For the purpose of this section, the following words and phrases shall have the 36 meanings given herein: 37 38 A. Costs. Those necessary and reasonable costs incurred by the city in connection 39 with investigating, mitigating, minimizing, removing or abating discharges of 40 hazardous substances, or in connection with costs incurred by any activity of 41 the special or tactical operations unit including but not limited to actual labor 42 costs of city personnel or its authorized agents; costs of equipment operation 43 and rental; costs of expendable items, including but not limited to firefighting 44 foam, chemical extinguishing agents, absorbent material, sand, recovery 45 drums, acid suits, acid gloves, goggles and protective clothing. 46 C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\B8DBF085-94C4-46C3-BA94- FE460F6C5FC1\Boynton Beach.10073.1.Fire_Protection_and_Prevention_Chapter_9_-_Ordinance.doc 13 Page 571 of 600 I B. Discharge. Any intentional or unintentional action or omission resulting in the 2 releasing, spilling, pumping, pouring, emitting, emptying or dumping of a 3 hazardous substance upon public or private property located within the 4 corporate limits of the city. 5 6 C. Hazardous substances. Any substances or materials in a quantity or form 7 which in the determination of the Fire Department pose an unreasonable and 8 imminent risk to the life, health, safety or welfare of persons or property within 9 the city and shall include but not be limited to those substances listed in the 10 NFPA Guide on Hazardous Materials or the EPA's list of extremely hazardous 11 substances, or the Florida Substance List promulgated by the state department 12 of labor and employment security. 13 14 2. The Fire Rescue Department is hereby authorized to take such steps as necessary to 15 clean up, remove or abate the effects of any hazardous substances discharged upon or 16 into public or private property or facilities located within the corporate limits of the 17 city, and is authorized to use its special or tactical operations unit to effectively deal 18 with specific emergencies, including, but not limited to, high-angle, confined space, 19 and other forms of vertical rescue. 20 21 3. Any person responsible for causing or allowing an unauthorized discharge of 22 hazardous substances which requires action by the Fire Rescue Department or its 23 authorized agents in order to protect the public health, safety or welfare shall 24 reimburse the city for the full amount of all costs associated with the investigating, 25 mitigating, minimizing, removing and abating any such discharge, or otherwise 26 providing relief to a life-threatening situation involving special and tactical 27 operations. Reimbursement shall be made within thirty (30) days after receipt of an 28 itemized bill for such costs from the city. 29 30 4. When responding to the emergency caused by the unauthorized discharge of 31 hazardous substances, or to an emergency requiring the use of the special or tactical 32 operations unit, the Fire Rescue Department shall keep a detailed record of the cost 33 attributable thereto. 34 35 5. The authority to recover costs under this section shall not include costs incurred for 36 actual fire suppression services, which are normally or usually provided by the Fire 37 Department or its authorized agents. 38 39 6. Any person responsible for causing or allowing an unauthorized discharge of 40 hazardous substances, or responsible for an emergency requiring the use of the special 41 operations and tactical unit, and who fails to reimburse the city within the time set 42 forth herein shall be subject to a late fee in the amount of 10% of the total amount of 43 the bill for each additional day that the bill for such costs remains unpaid. 44 45 7. The remedy provided for in this section shall be supplemental to and in addition to all 46 other available remedies by law and equity. C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\B8DBF085-94C4-46C3-BA94- FE460F6C5FC1\Boynton Beach.10073.1.Fire_Protection_and_Prevention_Chapter_9_-_Ordinance.doc 13 Page 572 of 600 1 2 Sees. 9-22-9-12 . Reserved. 3 4 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions 5 in conflict herewith be and the same are hereby repealed to the extent of such conflict. 6 Section 5. If any clause, section, or other part or application of this Ordinance shall 7 be held by any court of competent jurisdiction to be unconstitutional or invalid, such 8 unconstitutional or invalid part or application shall be considered as eliminated and so not 9 affecting the validity of the remaining portions or applications remaining in full force and effect. 10 Section 6. This Ordinance shall become effective on passage. 11 FIRST READING this day of 2018. 12 13 SECOND, FINAL READING AND PASSAGE this day of 14 2018. 15 16 CITY OF BOYNTON BEACH, FLORIDA 17 18 YES NO 19 Mayor– Steven B. Grant 20 21 Vice Mayor– Christina L. Romelus 22 23 Commissioner–Mack McCray 24 25 Commissioner—Justin Katz 26 27 Commissioner—Joe Casello 28 29 30 VOTE 31 ATTEST: 32 33 34 Judith A. Pyle, CMC 35 City Clerk 36 37 (Corporate Seal) C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\B8DBF085-94C4-46C3-BA94- FE460F6C5FC1\Boynton Beach.10073.1.Fire_Protection_and_Prevention_Chapter_9_-_Ordinance.doc 13 Page 573 of 600 12.D. LEGAL 5/1/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: The Mayor has requested that legal update the Commission on opioid and gun lawsuits that are occurring around the state. (Tabled to May 1, 2018) EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 574 of 600 12.E. LEGAL 5/1/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE 18-006 - SECOND READING - PUBLIC HEARING -Approval of Ordinance amending Section 18-164 of the Code of Ordinances to provide for mutual consent regarding use of the 185 money; amending Section 18-169 to add normal retirement age definition for members who retire with (20) years of service only retirement, to provide for payment of death benefits to a designated beneficiary in the event that there is no spouse, and to add ten year vesting for Police Officers hired on or after October 1, 2016; adding a new Section 18-178 to add a rehire after retirement provision. (Tabled to May 15, 2018) EXPLANATION OF REQUEST: The attached ordinance has been prepared by the Attorney for the Police Pension board and is intended to reflect the mutual consent agreement incorporated in the last collective bargaining agreement. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 575 of 600 ATTACHMENTS: Type Description Ordinance amending Police Pension to provide D Ordinance for mutual consent agreement and to add the rehire after retirement provision D Attachment Excerpt from Collective Bargaining Agreement Page 576 of 600 I ORDINANCE 18- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH FLORIDA 4 AMENDING ARTICLE III OF CHAPTER 18 OF THE BOYNTON 5 BEACH CODE OF ORDINANCES ENTITLED MUNICIPAL POLICE 6 OFFICERS' RETIREMENT TRUST FUND AMENDING SECTION 7 18-164 TO PROVIDE FOR MUTUAL CONSENT REGARDING USE 8 OF THE 185 MONEY; AMENDING SECTION 18-169 TO ADD A 9 NORMAL RETIREMENT AGE DEFINITION FOR MEMBERS WHO 10 RETIRE WITH A YEARS OF SERVICE ONLY RETIREMENT, TO 11 PROVIDE FOR PAYMENT OF DEATH BENEFITS TO A 12 DESIGNATED BENEFICIARY IN THE EVENT THAT THERE IS NO 13 SPOUSE, AND TO ADD TEN YEAR VESTING FOR POLICE 14 OFFICERS HIRED ON OR AFTER OCTOBER 1, 2016; ADDING A 15 NEW SECTION 18-178 TO ADD A REHIRE AFTER RETIREMENT 16 PROVISION; PROVIDING FOR CODIFICATION CONFLICT, 17 SEVERABILITY,AND AN EFFECTIVE DATE. 18 19 WHEREAS, the Internal Revenue Code governs rehire of City of Boynton Beach 20 Retirees and contains provisions which allow for in-service distributions under certain 21 circumstances; 22 WHEREAS, the Board of Trustees ("Trustees") of the Boynton Beach Police Officers 23 Pension Fund ("Fund") recommends amendment of Article HI, Section 18-169 of the Plan to 24 comply with the Code; 25 WHEREAS, the City and the Palm Beach County Police Benevolent Association 26 ("Union") have agreed in collective bargaining to mutually consent regarding the use of the 27 Chapter 185 monies under the Florida Statutes §185.35 which requires an amendment to the 28 Fund Plan document in the City Code; 29 WHEREAS,the City and the Union have agreed in collective bargaining to provide for 30 ten year vesting for members hired on or after October 1, 2016; 31 WHEREAS, the Board recommends adding a provision to allow the payment of 32 benefits to a designated beneficiary of a deceased member in the event that there is no spouse 33 to save the heirs the cost of opening an estate; and 34 WHEREAS the City Commission of the City of Boynton Beach Florida desires to so 35 amend the Boynton Beach Police Officers Pension Fund. 36 NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 37 OF BOYNTON BEACH FLORIDA 1 Page 577 of 600 38 39 Section 1. The foregoing WHEREAS clauses are hereby certified as being true and 40 correct and are incorporated herein by this reference. 41 42 Section 2. Section 18-164 of Article III of Chapter 18 of the Boynton Beach Code of 43 Ordinances is hereby amended as follows: 44 45 Sec. 18-164. Creation and maintenance of fund and retirement system. 46 47 48 49 (b) The fund shall be maintained in the following manner: 50 51 (1) By payment to the fund of the net proceeds of the .85% excise tax which is 52 imposed by the City of Boynton Beach upon certain casualty insurance companies on 53 their gross receipts of premiums from holders of policies,which policies cover property 54 within the corporate limits of the City of Boynton Beach as authorized in F.S. Chapter 55 185, amended. These amounts are to be deposited with the Board of Trustees within 56 five days of receipt by the municipality. F.S. Ch. 185. In November of 2017 and 57 November of 2018 only, $30,000.00 of the insurance premium excise tax provided 58 for in this subsection will be used by the City to offset the unfunded actuarial 59 liability of the Fund.The remainder of the Funds will be used as set forth in Section 60 18-169(8 of the Plan, which provides for a supplemental benefit as defined in 61 Florida Statutes &185.02(221. 62 63 (2) By the payment to the fund of 7% of the salary of each full time police officer 64 duly appointed and enrolled as a member of the City of Boynton Beach Police 65 Department; which 7% shall be picked up, rather than deducted, by the City of Boynton 66 Beach from the compensation due to the Police Officer and paid over to the Board of 67 Trustees of the Boynton Beach Police Officers' Pension Fund on a bi-weekly basis. All 68 pickup contributions shall be treated as employer contributions for the purposes of 69 determining tax treatment under the Internal Revenue Code of 1986, as amended. All 70 such pick up amounts shall be considered as employee contributions for purposes of this 71 plan. The percentage deducted from the police officers' salaries are to be deposited with 72 the Board of Trustees immediately. F.S. Ch.185, Boynton Beach Code of Ordinances 73 Sec. 18-170. 74 75 (3) By all fines and forfeitures imposed and collected from any police officer 76 because of the violation of any rule and regulation adopted by the Board of Trustees. 77 F.S. Ch. 185. 78 79 (4) By mandatory payment at least quarterly by the City of Boynton Beach a sum 80 equal to the normal cost and the amount required to fund any actuarial deficiency shown 81 by an actuarial valuation as provided in F.S. Chapter 112, Part VII. F.S. Ch. 185. On 82 an annual basis, the Board of Trustees will evaluate the actuarial assumptions used. 83 2 Page 578 of 600 84 (5) By all gifts, bequests, and devises when donated to the fund. F.S. Ch. 185. 85 86 (6) By all accretions to the fund by way of interest or dividends on bank deposits, 87 or otherwise. F.S. Ch. 185. 88 89 (7) By all other sources or income now or hereafter authorized by law for the 90 augmentation of the Boynton Beach Police Officers' Pension Fund. F.S. Ch. 185. 91 92 93 Section 3. Section 18-169(a) of Article III of Chapter 18 of the Boynton Beach Code of 94 Ordinances is hereby amended as follows: 95 96 Sec. 18-169. Requirements for retirement- benefit amounts. 97 98 (a) Normal retirement. 99 100 (1) Normal retirement date. The normal retirement date of each police officer will be the 101 first day of the month coinciding with, or next following, the date on which he or she 102 has attained and completed 20 years of service, or the first day of the month coinciding 103 with, or next following, the date on which the police officer has attained age 55 and 104 completed ten years of service or age 50 and completed 15 years of service. In the 105 case of a retirement with twenty (201 years of service, effective January 1, 2017, 106 Normal Retirement Age is the age a police officer has attained when retired at 107 twenty (20)years of service. 108 109 Section 4. Section 18-169(d) of Article III of Chapter 18 of the Boynton Beach Code of 110 Ordinances is hereby amended as follows: 111 112 113 Sec. 18-169 Requirements for retirement- benefit amounts 114 115 ******* 116 (d)Death benefit. 117 118 (1) If any member shall die prior to retirement or other termination of employment with the 119 city and that death is found by the Board of Trustees to have occurred in the line of duty 120 regardless of the years of service, a death benefit shall be payable to the deceased 121 member's spouse. The benefit shall equal 3.5% of average final compensation for each 122 year of continuous service; provided, however, the benefit will be at least 30% of 123 average final compensation. It shall be payable in equal monthly installments 124 commencing the first day of the month following the date of death and ceasing upon the 125 death of the spouse. If there is no spouse, the deceased member's accrued benefit 126 shall be payable to the designated beneficiary on file with the Board of Trustees, 3 Page 579 of 600 127 payable as the Contingent Annuitant 100% survivor benefit. If there is no mouse 128 or designated beneficiaries the benefit,if any,will be paid to the deceased participant's 129 estate. Effective September 3, 2015, for all police officers hired on or after October 1, 130 2015, the 3.5% multiplier provided for in this paragraph shall be 3.0%. 131 132 (2) If any member with at least ten years of continuous service shall die prior to retirement 133 or other termination of employment with the city, a death benefit shall be payable to the 134 deceased member's spouse. The benefit shall equal 3.5% of average final compensation 135 for each year of continuous service. It shall be payable in equal monthly installments 136 commencing the first day of the month following the date of death and ceasing upon the 137 death or remarriage of the spouse. If there is no spouse, the deceased member's 138 accrued benefit shall be payable to the designated beneficiary on file with the 139 Board of Trustees, payable as the Contingent Annuitant 100% survivor benefit. 140 If there is no spouse or designated beneficiaries, the benefit, if any, will be paid to 141 the deceased participant's estate. Effective September 3, 2015, for all police officers 142 hired on or after October 1, 2015, the 3.5% multiplier provided for in this paragraph 143 shall be 3.0%. 144 145 (3) If a member dies before being eligible to retire, the heirs, legatees, beneficiaries or 146 personal representatives of such deceased member shall be entitled to a refund of 100% 147 of the contributions made by the member to the fund, without interest. 148 149 Section 5. Section 18-169(e) of Article III of Chapter 18 of the Boynton Beach Code of 150 Ordinances is hereby amended as follows: 151 152 (e) Separation from service. 153 154 (1) The vesting period for members hired on or after October 1, 2016 is ten (10) 155 years. The vesting period for members who were hired before October 1, 2016 156 and terminated after October 1, 2002 is five (5) years of service. Eff etive r 157 teRiiina+iens en and after- OetebsrT, 2002, if If a member leaves the service of the 158 city before vestinaeetifntilati t, � .1-*e * e of five years*,,.,,.,-,a et -efne t - - 159 befer=being eligible to retire such member shall be entitled to a refund of all of his 160 or her contributions made to the fund, without interest. 161 162 (2) Benefit Commencement Date Lor Ten Year Vesting If any member who had been in 163 the service of the city for at least ten years elects to leave his or her accrued 164 contributions in the fund, such police officer upon attaining age 50 years or more 165 (without reaching what would have been 20 years of service had he or she not 166 terminated his or her employment) may receive an early retirement benefit at the 167 actuarial equivalent of the amount of such retirement income otherwise payable to 168 him or her at early retirement or upon attaining what would have been normal 169 retirement had he or she not terminated his employment, such police officer may 170 receive his or her accrued normal retirement benefit. 4 Page 580 of 600 171 172 (3) Benefit Commencement Date_for Five Year Testing: I� fe-to-m n„+:,.n s „f+,, 173 octaber- 1, 2002, if If any member who had been in the service of the city for at least 174 five years elects to leave his or her accrued contributions in the fund,the police officer 175 upon attaining age 55 with ten or more years of service (had he or she not terminated 176 employment)or reaching what would have been 20 years of service(had he or she not 177 terminated his or her employment), may receive the accrued normal retirement 178 benefit. The member may receive the benefits payable in the normal form or any 179 option available under Section 18-170. 180 181 182 Section 6. A new Section 18-178 is added to Article III of Chapter 18 of the City of Boynton 183 Beach Code as follows: 184 185 Sec. 18-178. - Reem l�oyment after retirement. 186 187 (a) Any Retiree who is retired under this fund, except for disability retirement. may 188 be reemployed by any public or private employer, except the City, and may receive 189 compensation from that employment without limiting or restricting in any way the 190 retirement benefits payable under this fund.Reemployment of a Retiree by the City on or 191 after January 1, 2017 shall be subject to the limitations set forth in this section. 192 193 b) Reemployment in a position other than as a Police Officer or in a position 194 upervising police officers. Notwithstanding any other provision of this Plan. a Retiree 195 who is retired from the Fund on a Normal Retirement at Normal Retirement Age and 196 who is subsequently reemployed by the city in a position other than as a Police Officer or 197 in a position supervising police officers shall, upon being reemployed, continue receipt of 198 benefits from this Fund. The benefit paid from this Fund shall not be changed in any way 199 by such reemployment. These payments shall be considered in-service distributions. 200 201 c) Reemployment as a Police Officer. In the event a Retiree who is retired from the 202 Fund is subsequently reemployed by the city as a Police Officer or into a position that 203 upervises Police Officers, the benefit payable to the Retiree from this Fund shall be 204 suspended for the period of such reemployment. untilthe Retiree terminates employment 205 with the city. 206 207 11 If by virtue of re-employment as a Police Officer, the retiree is eligible to 208 participate in this plan,the retiree shall be deemed to be one hundred (1001 209 percent vested upon re-employment. 210 211 (2) The additional credited service accrued during the subsequent employment 212 period shall be used in computing a second benefit amount attributable to 213 the subsequent employment period,which benefit amount shall be added to 5 Page 581 of 600 214 the benefit determined upon the initial retirement to determine the total 215 benefit payable upon final retirement. 216 217 31 Calculations of benefits for each retirement shall be based upon the benefit 218 accrual rate, average annual earnings, credited service, cost-of-living 219 adjustment as of that date and the retirement benefit amount for any 220 subsequent employment period shall be based upon the benefit accrual rate, 221 average annual earnings (based only on the subsequent employment 222period), credited service, cost-of-living adjustment, if applicable, as of the 223 date of subsequent retirement. 224 225 41 The optional form of benefit and any joint pensioner selected upon initial 226 retirement shall not be subject to change upon subsequent retirement 227 except as otherwise provided herein, but the member may select a different 228 optional form and joint pensioner applicable to the subsequent retirement 229 hnngfiL 230 231 d) Re-employment of terminated vested persons. Re-employed terminated vested 232 persons,including those elected or appointed to the Cjty Commission, shall not be subject 233 to the provisions of this section until such time as they begin to actually receive benefits 234 after termination of employment in accordance with Section 18-169(el. 235 236 e) Notwithstanding any provision of subsection(a),(b),(c)or(d)above,a Retiree who 237 has retired on an Earlv Retirement or a Disability Retirement may not be reemployed by 238 the city and continue to receive a benefit from this Fund. Retirement pursuant to an early 239 retirement incentive program shall be deemed early retirement for purposes of this 240 section if the member was permitted to retire prior to the customary retirement date 241 provided for in the plan at the time of retirement. 242 243 244 Section 7. It is the intention of the City Commission of the City of Boynton Beach that the 245 provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the 246 City of Boynton Beach Florida The Sections of this ordinance may be renumbered re-lettered 247 and the word Ordinance may be changed to Section Article or such other word or phrase in 248 order to accomplish such intention. 249 250 Section 8. All Ordinances or parts of Ordinances Resolutions or parts of Resolutions in conflict 251 herewith be and the same are hereby repealed to the extent of such conflict. If any clause section 252 or other part or application of this Ordinance shall be held by any court of competent jurisdiction 253 to be unconstitutional or invalid such unconstitutional or invalid part or application shall be 254 considered as eliminated and so not effecting the validity of the remaining portions or 255 applications remaining in full force and effect. 256 6 Page 582 of 600 257 Section 9. This Ordinance shall become effective upon passage, unless otherwise provided for 258 in this amendment. 259 FIRST READING this day of 2018. 260 SECOND, FINAL READING AND PASSAGE this day of 261 2018. 262 263 CITY OF BOYNTON BEACH, FLORIDA 264 YES NO 265 266 Mayor— Steven B. Grant 267 268 Vice Mayor— Christina L. Romelus 269 270 Commissioner—Mack McCray 271 272 Commissioner—Justin Katz 273 274 Commissioner—Joe Casello 275 276 277 VOTE 278 ATTEST: 279 280 281 282 Judith A. Pyle, CMC 283 City Clerk 284 285 286 287 (Corporate Seal) 7 Page 583 of 600 ARTICLM FENSIG Section 1. Bargaining Unit Members it on or after October 1, 2015 will have a pension multiplier of three percent(3%). Sg=iml- Upon ratillcation of this Agreement,the City and the Union conformed to the statutory requirement to negotiate provisions of SB 172,codified as Laws of Florida 2 0 15- 39 by entering into a Mutual Consent Agreement The Mutual Consent Agreement is attached hereto as Addendum"B." &LfLgn,j The vesting period for Police Officers and Detectives it on or after October 1, 2016 is ten (10)years. Section 4 The City and Union agree to reopen this Article at the request of City during year three of this contract. Page 61 of 78 —LP— TA —city M police Officers&Detectives and C4yofBoyntan Beach-Para Term Ending September 30,2019 Page 584 of 600 JUNION CONIRACT-ADDENDUM"fln I MUCONSENIAaRamam of Insura remium Tax&nnu-" 91 This Mutual Consent Agreement is entered into between the CITY OF BOYNTON BEACH, a Florida municipal corporation, whose address is 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435 (the "CITY") and the PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION C-PBA-) POLICE OFFICERS AND DETECTIVES, POLICE SERGEANTS,AND POLICE LIEUTENANTS. WHEREAS, the 2015 Florida Legislature enacted legislation (Chapter No. 2015-39, Laws of Florida), hereinafter "Legislation" regarding the use of insurance premium tax revenue ("IPTR"); and WHEREAS, the City has a retirement pension plan and fund for police officers known as the Boynton Beach Police Officers' Pension Fund ("Fund') that exceeds the minimum benefits and minimum standards established by the State of Florida for public employee firefighter pension plans as set forth in chapter 185,Florida Statutes;and WHEREAS,the Legislation provides that use of IPTR, including any accumulations of additional premium tax revenues is have not been allocated to fund beneflts in excess of the minimum benefits, may deviate from the provisions of the Legislation by mutual consent of the members'collective bargaining representative (PBA). NOW THEREFORE,the City and Unions agree as follows: 1. The foregoing Whereas clauses are true and correct 2. The total of sixty thousand dollars ($60,000) of IPTR whether base premium tax revenue oradditional premium tax revenue, received by the City will be used to reduce the City's unfunded liability to the Boynton Beach Police Officers' Pension Fund. These funds will be provided to the City in$30,000 increments by November 2017 and November 2018. 3. This Consent Agreement takes effect when signed by PBA and City. Signature Pagefollows Page 76 of 78 TA-PBA TA U City PBA Pofice Offlcers&DewdvesandftofBomeon Beach-Para Term EndbW September 30,2029 Page 585 of 600 THE CITY OF BOYNTON BEACH lv�,;z'4 m Lori r, �:, t _Manager ATTES'J"� City 'erk tJ_ C FIC DETECTIVES, LICE , AND LA 1otian£ t APPROVED AS TO LEGAL F : C, t rey Page 77 of 7 my-City PIM PoffecUfflars&Dewtftsand 0eyofftyum Bwwh-Fora rerm EndbWpte 20,2014 Page 586 of 600 13.A. FUTURE AGENDA ITEMS 5/1/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: Staff to review PBC Ordinance on Panhandlers- May 2018 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 587 of 600 13.B. FUTURE AGENDA ITEMS 5/1/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: Approve Quantum Lakes Villas West Major Site Plan Modification (MSPM 17-001)for 104 Multi-family rental units and associated recreational amenities and site improvements, as well as a request for four (4) setback waivers, located on Lot 52 of Quantum Park, in the PID (Planned Industrial Development) zoning district. Applicant: John Lyon, Olen Properties. - May 15, 2018 EXPLANATION OF REQUEST: Mr. Dale Lyon with Olen Development is proposing a major site plan modification for 104 multi-family units (rental apartments) in 4, two-story buildings, and associated recreational amenities and site improvements on a total of 4.41 acres. Olen Development received major site plan modification approval in 2012 (application 12-003)for essentially the same project, however the 18 month approval period expired before the building permit could be issued. The project was resubmitted in 2017 and reviewed by staff when it was discovered that a note on the corresponding Quantum Park Plat requires buildings to be setback a minimum of 15 feet from any easement.As the plans were designed to place the buildings at or near the easements on the north and west sides, the review process was halted. The applicant subsequently filed an amendment to the plat (replat of Lot#52)to remove the note . The City Commission reviewed and approved the replatting request at their March 20, 2018 meeting.As such, the site plan was removed from hold, and scheduled for the appropriate hearings. The minimum required perimeter building setbacks in the PID zoning district are 30'for the front, rear and side corner yards and 20'for the side interior yard. The PID regulations allows for waivers to be requested of various development requirements including setbacks, based upon the submittal of justifications by the developer. The previous site plan approval (MSPM 12-003) granted setback waivers as follows: front (north)— 15', rear (south)—2', side corner (west)— 15', and side interior (east)—3'.After the project approval expired and a pre-application meeting was held with the applicant in preparation of resubmittal of project plans, staff requested the buildings be setback farther from the drainage lakes, in an effort to create a minimal rear yard for the units and to provide greater area for lake maintenance needs. The applicant revised the plans to increase these to a seven (7)foot rear and interior side setback, while maintaining the previously approved 15 foot setback against the road rights-of-way on the north and west sides, and submitted updated waiver requests to all required yard setbacks and justifications for the deviations. The justifications include the fact that the reduced setbacks do not abut any private properties, with the front (north) and corner side (west) property lines adjacent to street right-of-ways and the rear (south) and interior side (east) property lines abutting a Quantum Park drainage lake. Staff believes the impacts to be minimal and would not affect any private properties and based upon the applicant's justification, other similarly approved projects and City Commission approval of the Replat of Lot 52, and recommends approval of the Major Site Plan Modification and waiver requests. Page 588 of 600 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Fees from permit applications and taxable improvements. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A. Is this a grant? Grant Amount: Page 589 of 600 13.C. FUTURE AGENDA ITEMS 5/1/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: Approve Boynton Village &Town Center Master Plan Modification (MPMD 18-002) to amend the previous approvals for SMU Parcel 1 from 115 single-family homes to 378 apartments and 55 townhomes, while reducing the total number of the approved residential unit allotment within the entire master plan from 1,120 to 1,115. Applicant: John Markey, J MK Developers. - May 15, 2018 EXPLANATION OF REQUEST: The 106-acre master plan for Boynton Village &Town Center has been amended numerous times since approximately 2012. This latest request is to amend the previous approvals for SMU Parcel 1 from 115 single-family homes to 378 apartments and 55 townhomes. The SMU Parcel 1 is approximately 20-acres in size, and is located at the NE corner of Old Boynton Road and Renaissance Commons Boulevard. It is the last remaining vacant parcel of the Boynton Village & Town Center master plan to seek site plan approval. Staff considers the modifications to the approved master plan to be non-substantial, as the requested development falls within the parameters of the original master plan allotments, and is actually a reduction in total dwelling units from 1,120 to 1,115. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Revenue associated with the permit fees and increased property value. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: Page 590 of 600 13.D. FUTURE AGENDA ITEMS 5/1/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: Approve Cortina I I I Major Site Plan Modification (MSPM 18- 003) to construct 378 apartments, 55 townhomes, and related site improvements on SMU Parcel 1 of the Boynton Village & Town Center master plan. Applicant: John Markey, JMK Developers. - May 15, 2018 EXPLANATION OF REQUEST: Ms. Joni Brinkman of Urban Design Kilday Studios, representing JMK Developers is requesting approval to construct 378 apartments, 55 townhomes and related site improvements on SMU Parcel 1 of the Boynton Village &Town Center master planned development. This application was filed with the companion application to amend the Master Plan (MPMD 18-002) changing the development designated for SMU Parcel 1 from 115 single-family homes to 378 apartments and 55 townhomes, while reducing the total number of the approved residential unit allotment within the entire master plan from 1,120 to 1,115. The applicant submitted an updated traffic equivalency statement to Palm Beach County Traffic Engineering for the master plan amendment and proposed site plan. The County has determined the amendment does not have a significant peak hour traffic impact on the roadway network and therefore meets the Traffic Performance Standards of Palm Beach County. Based upon the overall development depicted within the new master plan, the new daily trips are proposed to be reduced by 1,901 from the development approved in 2014 (674 apartments, 319 condominiums, 115 single family dwelling units 399,000 square feet of commercial, 12,000 square feet of medical office and 10,000 square feet of general office). The AM Peak hour trips are proposed to be reduced by 36 and the PM Peak hour trips reduced by 152. The 378 apartments are proposed within nine (9)4-story buildings. The 55 townhomes are designed into eleven (11) 2-story buildings. These 2-story townhome buildings are proposed along the east side of the parcel to provide a transition between the proposed apartment buildings and the single- family residential development (Sky Lake) to the east. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Revenue associated with permit fees and increased property value. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N?A CLIMATE ACTION: Page 591 of 600 CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: Page 592 of 600 13.E. FUTURE AGENDA ITEMS 5/1/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: Staff to bring information concerning the following land parcels for the Commission to review- TBD Nichols Property Rolling Green Girl Scout Park EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 593 of 600 13.F. FUTURE AGENDA ITEMS 5/1/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: Commissioner Katz has requested the City Attorney to provide update on legal issues with QPODD - TBD EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 594 of 600 13.G. FUTURE AGENDA ITEMS 5/1/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: Staff to bring back to Commission results of negotiation with property owner a real estate purchase and sale agreement between the City of Boynton Beach and Brittany Bumgardner for a vacant parcel at the end of SW 24th Avenue adjacent to 1-95. - TBD EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 595 of 600 13.H. FUTURE AGENDA ITEMS 5/1/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: Staff to report on the possibility of the City beginning a Bike Share Program- May 15, 2018 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 596 of 600 13.1. FUTURE AGENDA ITEMS 5/1/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: Mayor Grant to discuss PBC Transportation Planning Agency, Nick Uhren, Executive Director will be present - May 15, 2018 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 597 of 600 13.J. FUTURE AGENDA ITEMS 5/1/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: Agreement for Textile Recycling Franchise Agreement with FLSC, LLC dba Florida Textile Recycling Program for an exclusive City-Wide program- May 15, 2018 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 598 of 600 13.K. FUTURE AGENDA ITEMS 5/1/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/1/2018 REQUESTED ACTION BY COMMISSION: Announce Budget Workshop dates and times: Public Input Budget Workshop, Tuesday, May 29, 2018 @ 6:30 P.M. at Intracoastal Park Clubhouse; and Budget Workshops at Intracoastal Park Clubhouse; Monday, J my 16, 2018 @ 5:00 P.M. Tuesday, July 17, 2018 @ 10:00 A.M. Wednesday, July 18, 2018 @ 2:00 P.M. EXPLANATION OF REQUEST: Our FY 2018/2019 Budget process is underway. Budget Workshops are scheduled to be held July 16-18, 2018 at the Intracoastal Park Clubhouse. The Commission adopts a Preliminary Fire Assessment Resolution and a Tentative Millage Rate Resolution at these workshops. The following workshops have been scheduled: Tuesday, May 29, 2018: 6:30 p.m. for Public Input Budget Workshop and; Budget Workshops: Monday, July 16, 2018: 5:00 p.m. Tuesday, July 17, 2018: 10:00 a.m. Wednesday, July 18, 2018: 2:00 p.m. As a reminder, Tuesday, July 17, 2018 there will also be a regular City Commission meeting at 6:30 pm. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 599 of 600 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 600 of 600