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Agenda 06-05-18 The City of wr Boynton Beach y City Commission Agenda Tuesday, June 5, 2018, 6:30 PM City Hall Chambers 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Regular City Commission Meeting- REVISED - Item 12.0 was added to the agenda. 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 665 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 665 1. OPENINGS A. Call to Order - Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner McCray 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. Announce that the City is accepting applications for Community Representatives on the City Sustainability Team. Applications will be accepted through July 6, 2018, information and application are available at www.boynton-beach.org/go-green/sustainabiIity-team-application. B. Announce Budget Workshop dates and times: 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. 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 Education and Youth Advisory Board: 1 Alt Employee Pension Board: 1 Reg Page 3 of 665 Historic Resource Preservation Bd: 1 Reg Senior Advisory Board: 2 Alts B. Authorize City Commissioners to travel and hotel stay for the Florida League of Cities Annual Conference at the Diplomat Beach Resort in Hollywood, FL, August 16-18, 2018. C. Appoint Voting Delegate for the Florida League of Cities Annual Conference, August 16-18, 2018. 6. CONSENTAGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R18-074- Authorize the City Manager to sign the First Amendment to the Inter-local Agreement to issue a declaration of local state of emergency and upon request of the County, the City shall staff each emergency shelter located within its municipal boundaries. B. PROPOSED RESOLUTION NO. R18-075- Approve the ranking as recommended by the Evaluation Committee and authorize the City Manager to sign an Agreement with Gehring Group, Inc. of Palm Beach Gardens, FL for RFP No. 012-1610-18/IT for Employee Benefits Consulting Services, in the monthly amount of $6,650 for an initial period covering July 1, 2018 thru December 31, 2019. The agreement allows for four (4) additional one-year renewal terms. The total amount of the initial eighteen (18) month term is $119,700. C. PROPOSED RESOLUTION NO. R18-076-Adopting the City's Local Housing Assistance Plan (LHAP) for Fiscal Years 2018/19, 2019/20, and 2020/21. Plan approval is for the continuation of the State Housing Initiatives Partnership (SHIP) Program. D. PROPOSED RESOLUTION NO. R18-077- Authorize the Mayor to sign an Interlocal agreement between the City of Boynton Beach and the Boynton Beach CRA for funding associated with the NW 11th Avenue Street and Utility Improvements as part of the Model Block Project. E. Requesting Commission approval to make a donation of up to $5,000 from the Federal Forfeiture Law Enforcement Trust Funds to GBDC Entrepreneurship Institute. F. Approve the grant adjustment for the Edward Byrne Memorial Justice Assistance Grant Program (JAG) (2016-DJ-BX-0603) and approve the purchase of desktop computers with the grant funds. G. Approve utilizing Ten-8 Fire Equipment, Inc. of Bradenton, FL as a sole source vendor to service the City's Pierce Fire Trucks for an estimated amount of$100,000 for FY17/18. H. Declare twenty four (24) Vehicles/Equipment as surplus and approve the disposition of these items via auction using various means. 1. Authorize utilizing the U.S. General Services Administration (GSA) Contract GS-35F-408AA with e-Builder, Inc. for annual renewal of licenses in the amount of $48,120 for the centralized Capital Project Management Software system used in the Utility Department. The City's procurement policies allows the use of GSA contracts. J. Accept second quarter report on operations of the Schoolhouse Children's Museum an Learning Center for FY 17/18. K. Approve the minutes from City Commission meeting held on May 15, 2018. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R18-078- Authorize the City Manager to sign a contract with Killebrew, Inc. of Lakeland, FL for construction of water distribution system watermain upgrades on Ficus and Hibiscus Tree Drive, as shown in the attached drawing in the Page 4 of 665 amount of $368,082.32 and a 10% contingency amount of $36,808 for unforeseen issues for a total cost of $404,890.32. Killebrew was awarded as Secondary Vendor as a result of Bid No. 036-2821-16/TP by the City on May 17, 2016. B. Authorize utilizing the Palm Beach County Bid #17-005/ZG for Landscape Installation with A Cut Above Landscape & Maintenance, Inc. of Loxahatchee, FL for Public Works Forestry & Grounds Division to salvage and relocate existing trees and palms located within the Town Square project for an amount not to exceed $120,000. Palm Beach County's procurement process satisfies the City's competitive bid requirements. 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. 9. CITY MANAGER'S REPORT - None 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS A. Authorize the Finance Department to reduce the allowance for Uncollectible Account and the Accounts Receivable amount by $481,791.17 reflecting past due amounts on 2,593 customer accounts for the period between July 2014 through November 2017. B. PROPOSED RESOLUTION NO. R18-079- Authorize issuance of $11,065,000 principal amount of Utility System Revenue Bond, Series 2018 in order to pay for capital improvements to the City's Utility System and to pay for certain costs of issuing the Series 2018 Bonds. 12. LEGAL A. PROPOSED ORDINANCE NO. 18-009 - FIRST READING -Approve proposed Ordinance amending Chapter 15, Article VI 11, Chronic Nuisance Property Code to clarify certain sections. B. PROPOSED ORDINANCE NO. 18-007 - SECOND READING - PUBLIC HEARING - 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 used to enforce the ordinance and to clarify the process for registering abandoned property. (Tabled to 5-15-18, Tabled to 6-5-18) C. Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: GAIL J ENKI NS AND LEON 1. J ENKI NS, Plaintiffs/Counter Defendant vs. CITY OF BOYNTON BEACH, Defendant/Counter Plaintiff vs. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., HOMECOMINGS FINANCIAL NETWORK INC and ALL OTHERS IT MAY CONCERN, Defendants— Case No. 50 2015 CA 000742XXXXXMD AH 13. FUTURE AGENDA ITEMS A. Staff to review PBC Ordinance on Panhandlers- June 2018 B. Agreement for Textile Recycling Franchise Agreement with FLSC, LLC dba Florida Textile Recycling Program for an exclusive City-W ide program- June 2018 C. Staff to report on the possibility of the City beginning a Bike Share Program- June 19, 2018 D. Approve Gas Station Regulations (CDRV 18-002) - Amending the LAND DEVELOPMENT REGULATIONS (LDR), Chapter 3. Zoning, Article IV. Use Regulations, Section 3.D, Use Matrix Page 5 of 665 and Notes to increase eligible locations for gas station siting in appropriate areas of the City. City initiated. - June 19, 2018 E. Approve Wawa Future Land Use Map Amendment & Rezoning (LUAR 18-001) to reclassify property from Office Commercial (OC) to Local Retail Commercial (LRC) and Rezone from C-1 Office Professional to C-3, Community Commercial. Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. - June 19, 2018 F. Approve Wawa Gas Station Conditional Use and Major Site Plan Modification requests (COUS 18-001/MSPM 18-002) to construct a gas station to include a 6,119 square foot convenience store, a 7,830 square foot canopy over nine (9) pump stations, and related site improvements, located in a C-3 Community Commercial zoning district. Applicant: T. Austin Simmons, Brightwork Real Estate Inc., VP/Agent: Bonnie Miskel, Esq., of Dunay, Miskel and Backman, LLP. - June 19, 2018 G. Approve Dog Activity World Group Conditional Use request (COUS 18-002) for a Pet Care (Boarding and Daycare) facility in an existing 20,000 square foot tenant space, located in the Shoppes of Woolbright at the northeast corner of Woolbright Road and SW 8th Street, within the PCD (Planned Commercial Development) zoning district. Applicant: Hannah Wickins. - June 19, 2018 H. Approve Zoning Use Amendments (CDRV 18-003)Amending the Land Development Regulations, Chapter 1, Article 11. Definitions, and Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes), to increase provisions for contractors offices, offices for civic/fraternal organizations, the sale of recreational boats and vehicles, diet and nutrition counseling services, cremation services, truck rental, and the sales of motor vehicles manufactured or assembled on-site. City initiated. - June 19, 2018 1. Approve Municipal Services & Infrastructure Site Standards (CDRV 18-004) Amending the Land Development Regulations, Chapter 3, Zoning, Article 11. General Provisions, to exempt municipal emergency and support facilities, including essential services and infrastructure from certain building and site standards, facilitating the expeditious siting, design and construction of new and replacement of public improvements. - June 19, 2018 J. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Rolling Green Girl Scout Park K. Commissioner Katz has requested the City Attorney to provide update on legal issues with QPODD - TBD L. 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 M. Discuss possibility of trolley service within the City - TBD N. Commission wants to discuss public safety as it relates to the Town Square Redevelopment- TBD O. Announce Budget Workshop dates and times: 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 Page 6 of 665 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 APPROPRIATEAUXIL ARYAIDSAND 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. ADD1T1ONALAGENDA 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 7 of 665 1.A. OPENING ITEMS 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 REQUESTED ACTION BY COMMISSION: Call to Order- Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner McCray 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 8 of 665 2.A. OTHER 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 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 9 of 665 3.A. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 REQUESTED ACTION BY COMMISSION: Announce that the City is accepting applications for Community Representatives on the City Sustainability Team. Applications will be accepted through July 6, 2018, information and application are available atwwwboynton- beach.org/go-green/sustainability-team-application. EXPLANATION OF REQUEST: The Sustainability Team currently consists of approximately 20 City staff members that meet every two (2) months on an ongoing basis. The team's purpose is to advance environmental sustainability and resilience in City operations and throughout Boynton Beach. The team contributes to developing and implementing the City's Climate Action Plan (CAP), a living document that recommends and tracks progress on sustainable programs and policies related to energy conservation, water conservation, renewable energy, infrastructure efficiency, recycling, electric and fuel efficient vehicles, environmental procurement, community outreach, financing, incentives, resilience planning, and more. We will be accepting applications through July 6, 2018. The application is available in print and on the City website at https://www.boynton-beach.org/go-green/sustainability-team-application. The Sustainability Coordinator will select two (2) or more Community Representatives to join the Sustainability Team. Preference will be given to applicants who meet the following criteria: • Registered voter • City resident • Expertise in one or more relevant subject areas, as listed on the application • Not currently serving as a regular member of any City Advisory Board • Ability to attend team meetings every two (2) months for a term of two (2) years HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Boynton Beach's sustainability and resilience initiatives are framed within the City's Climate Action Plan (CAP) and will be continually integrated into other City plans and policies. The Sustainability Team's primary role is to develop and implement the CAP. Including Community Representatives on the Sustainability Team will help the City prioritize strategies and ensure alignment with the values and needs of our diverse community. FISCAL IMPACT: Non-budgeted There is no impact to the City's budget. ALTERNATIVES: Not announce that the City is accepting applications for Community Representatives on the City Sustainability Team. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 10 of 665 CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: Climate Action Plan Implementation Initiative#4.1.5(1): "The City should maintain its inter-departmental Sustainability Team to meet quarterly to evaluate the effectiveness of the City's operations and policies on energy conservation and sustainability." Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Cather Sustainability Team Application Page 11 of 665 'rCITY CF- F�-�-- City of Boynton Beach Sustainability Team Application Application Deadline: July 6, 2018 The Boynton Beach City Commission and Sustainability Coordinator are seeking Community Representatives to join the City's Sustainability Team. The team's purpose is to advance environmental sustainability and resilience in City operations and throughout Boynton Beach. As the City continues its work to reduce carbon emissions, adapt to climate impacts, and improve environmental quality, community input is crucial to prioritize strategies and ensure alignment with the values and needs of our diverse residents and business owners. Boynton Beach's sustainability and resilience initiatives are framed within the City's Climate Action Plan (CAP) and will be continually integrated into other City plans and policies. The CAP is a living document that recommends and tracks progress on sustainable programs and policies related to energy conservation, water conservation, renewable energy, infrastructure efficiency, recycling, electric vehicles, environmental procurement, community outreach, financing, incentives, resilience planning, and more. The Sustainability Team currently consists of approximately 20 City staff members that meet every two (2) months on an ongoing basis. As needed, sub-teams will be organized to meet for discrete time periods to advance specific projects. Team roles and responsibilities include, but are not limited to, the following: • Provide input into formulation of revised Climate Action Plan (CAP), greenhouse gas emission targets, and performance metrics • Work within and across City departments to implement CAP programs and policies • Contribute to development of programs to educate, engage, and incentivize sustainable choices among City residents, businesses, and developers • Review products and publications related to the CAP, greenhouse gas emissions inventories, climate vulnerability studies, reports to the Global Covenant of Mayors for Climate and Energy, and other initiatives related to City sustainability and resilience The Sustainability Coordinator will select two (2) or more Community Representatives to join the Sustainability Team. Preference will be given to applicants who meet the following criteria: • Registered voter • City resident • Expertise in one or more relevant subject areas, as listed on the application • Not currently serving as a regular member of any City Advisory Board • Ability to attend team meetings every two (2) months for a term of two (2) years Page 12 of 665 City of Boynton Beach Sustainability Team Application Application Deadline: July 6, 2018 Thank you for your interest in serving on the City's Sustainability Team. Please print or type all answers clearly. You may also complete this application online at: https://www.boynton-beach.org/go-green/sustainability-team-applica ion Today's Date: Name: Address: City: State: FL Zip Code: Phone: E-mail: Current occupation or, if retired, prior occupation: Please list your educational degrees and any professional certifications: Are you a registered voter? Yes No Do you reside within Boynton Beach City Limits? Yes No Do you work within City Limits? Yes No If yes, name of employer: Do you own or manage a business within City Limits? Yes No If yes, name of business: Are you currently serving on a City of Boynton Beach Advisory Board? Yes No If yes, which board(s)? Have you served on a City of Boynton Beach Advisory Board in the past? Yes No If yes, which board(s) and when? What days and times are you available to attend meetings once every two (2) months? Page 13 of 665 The Sustainability Team has identified the following desired subject areas to expand the team's breadth of experience and expertise. Please indicate your area(s) of expertise by checking one or more boxes below: ❑ Arborist/Botanist/Landscape Architect ❑ Arts/Cultural Specialist ❑ Community Leader (i.e., a representative of the broader community through a formal or informal position of leadership in a community, business, or religious organization) ❑ Construction/Design/Architecture Professional ❑ Education/Communication Specialist ❑ Energy Efficiency/Renewable Energy Professional ❑ Environmental or Conservation Organization Member ❑ LEED (Leadership in Energy and Environmental Design) Credentialed Professional ❑ Resilience Professional (i.e., a scientist, engineer, architect, planner, communication specialist, or other professional with knowledge about sea level rise and resilience) ❑ Transportation Specialist ❑ Other Environmental/Sustainability Expertise Please describe your area(s) of expertise indicated above: Why do you want to serve on the City of Boynton Beach Sustainability Team? If you wish, you may attach an extra page or resume. Please email your application to Rebecca Harvey, Sustainability Coordinator, at HarveyR@bbfl.us Or send to: City of Boynton Beach Boynton Beach Utilities /Attn: Rebecca Harvey 124 E. Woolbright Rd. Boynton Beach, FL 33435 Page 14 of 665 3.B. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 REQUESTED ACTION BY COMMISSION: Announce Budget Workshop dates and times: 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: 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: CLIMATE ACTION: No Page 15 of 665 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 16 of 665 5.A. ADMINISTRATIVE 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 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 Education and Youth Advisory Board: 1 Alt Employee Pension Board: 1 Reg Historic Resource Preservation Bd: 1 Reg Senior Advisory Board: 2 Alts EXPLANATION OF REQUEST: The attached list contains the names of those who have applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Board full and operating as effectively as possible. FISCAL IMPACT: Non-budgeted None ALTERNATIVES: Allow vacancies to remain unfilled. STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 17 of 665 ATTACHMENTS: Type Description D Other Appointments D Other Chandler Application D Other Madhoun Application Page 18 of 665 APPOINTMENTS AND APPLICANTS FOR JUNE 5, 2018 Arts commission III Romelus Alt 2 yr term to 12/19 Tabled (3) IV Casello Alt 2 yr term to 12/19 Tabled (3) Applicants None Building Board of Adjustments and Appeals III Romelus Alt 2 yr term to 12/19 1 Katz Alt 2 yr term to 12/19 Tabled (3) Mayor Grant Reg 3 yr term to 12/18 Tabled (3) IV Casello Reg 2 yr term to 12/19 Applicants None Education and Youth Advisory Board IV Casello Alt 2 yr term to 12/19 Applicants Anastasia Chandler Steve Madhoun Employee Pension Board Mayor Grant Reg 4 yr term to 12/20 Applicants None Historic Resource Preservation Board III Romelus Reg 2 yr term to 12/19 Applicants None Senior Advisory Board II McCray Alt 2 yr term to 12/19 III Romelus Alt 2 yr term to 12/19 Applicants None Page 19 of 665 From: anastasiachandler <noreply@123formbuilder.io> Sent: Tuesday, January 30, 2018 8:03 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 01/30/2018 Name Anastasia Chandler Gender Female Phone number 561-506-9408 Address 1097 NW 9th St Boynton Beach Fl 33426 United States Email anastasiachandler@gmail.com Current occupation or, if preschool Director, First United Methodist Church retired, prior occupation Education BA a Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a Yes business within City limits? If"yes", name of business: First United Methodist Church Preschool Are you currently serving No on a City board? Have you served on a City No board in the past? If"yes",which board(s) and when? Have you ever been No convicted of a crime? If"yes",when and where? Advisory Board Education and Youth Advisory Board Personal Qualifications I am a native, born at Bethesda and a high school graduate of SAntaluces. I worked in youth development throughout my life. I ran camps for the YMCA of Palm Beaches in college, was the Sports and Camp Director for a branch of the San Francisco YMCA in my 20s,taught Early Childhood enrichment classes for the City of Boynton and the Schoolhouse Museum when my children were toddlers, and I now run the Preschool across the street from 1 Page 20 of 665 "Town Square". I have always been an active member of my community and an advocate for families and Early Childhood education. I would love to share my knowledge and experience in order to strengthen the educational experiences of our youth in Boynton Beac Professional Memberships Early Childhood Registry Feel free to attach/upload an extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 107.77.216.8(United States)at 2018-01-30 20:02:34 on Whone 11.0 Entry ID: 258 Referrer:www.boynton-beach.org/officials/education and youth advisory board.php Form Host:www.123formbuilder.com/form-583214/Advisory-Board-Appointment-Application 2 Page 21 of 665 Ellis, Shaxia From: steve <noreply@123formbuilder.io> Sent: Monday, January 08, 2018 S:16 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 01/08/2018 Name Steve Madhoun Gender Male Phone number 561-523-8926 Address 600 nw 10th ct Boynton beach Florida 33426 United States Email steve@madhoun.com Current occupation or, if History Teacher retired, prior occupation Education BA History NOVA t- Are you a registered voter? Yes r,li Do you reside within the yes F' Boynton Beach City limits? rte@ Do you own/manage a No business within City limits? If"yes", name of business: Are you currently serving No on a City board? Have you served on a City No board in the past? If"yes",which board(s) and when? Have you ever been No convicted of a crime? If"yes",when and where? Advisory Board Education and Youth Advisory Board Personal Qualifications -Teacher at a local middle school. -Taught a GED program at Faith Farm. Professional Memberships Page 22 of 665 Feel free to attach/upload an extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 99.71.175.105 (United States) at 2018-01-08 17:16:15 on iPhone 11.0 Entry ID: 254 Referrer:www.boVnton-beach.org/officials/advisory boards.php Form Host:www.123formbuiIder.com/form-583214/Advisory-Board-Appointment-Application 2 Page 23 of 665 5.B. ADMINISTRATIVE 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 REQUESTED ACTION BY COMMISSION: Authorize City Commissioners to travel and hotel stay for the Florida League of Cities Annual Conference at the Diplomat Beach Resort in Hollywood, FL, August 16-18, 2018. EXPLANATION OF REQUEST: The annual Florida League of Cities conference will be held at the Diplomat Beach Resort in Hollywood, Florida, August 16-18, 2018. (Conference Brochure attached) Registration is$555 per person. Hotel is$189 per night if booked by July 19, 2018. May need to stay 3 nights, conference begins at 7:30am on Thursday, August 16th, hotel cost for 3 nights is$567. Estimated costs per person $1,325 including meals, parking, etc. In accordance with Resolution R07-150, establishing the travel policy for the City Commission, the City Commission by a majority of its members shall approve travel for each member of the City Commission. (Resolution attached) HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Budgeted Registration/Hotel costs estimated at$1,500 per commissioner. 1 = $1,325 2 = $2,650 3 = $3,975 4 = $5,300 5 = $6,625 Funds were included in the approved FY16/17 budget for travel to the FLC conference under account 001- 1110-511-40-12 for 2 commissioners. ALTERNATIVES: Do not authorize any Commissioners to attend conference. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 24 of 665 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment FLC Conference Announcement D Attachment Commission Travel Policy Page 25 of 665 t _ _ \1�IOU, PI - u' { �_•- - � �f .� & � ��e1 P[� ,,� � �� s t��sls Sit tl,>s �i�! ;�� i �I� - � s t ,u��- rt,� ,"&Tie { (•. .{ � �� t s £ £ �: Inst' f 1t (�,,ysals ,£ t } ilssi s s {j1 s, eisl ss) 111 �t ,S� ;1}dt' �t�' C ��''�i r s,�?}}{{�r�,� �r � ,�•d(� �ides r }tt`�,,; i y ( s� s 1pi� a ,>�; �� '\��fi it,„r z t� .it, I;. S t 1: 1 �s;: t, 1NO 15,E r ,... ,. .. 11,41 hr ( 1t�i��){Stl 41s} 1 ti , { e�� bi r tiw��oI a Rule Regist-ration InforAmation at�pn pa`d registr re,eive � A Is required toation+ snpus1 in9 inform + o sign .l up early s O m ,r see page r{ ! #or cletatils. r 77} r 1S i sl t5,s st•d1 s s i ,s,� stsu i t 1 ,rs>s r r i a�it�1 r',`S}''SS st ,r;.{°}i t sr£1V�1r£,AC'� {� r� �}��;�\3 _ • 1 1�) 4 �fti�� 1 ��I�,`,.,�11 11 5�� !� t�1i1, \..:e,t 1 �_-4 1{! 4:f 9s}{tsl s in `17 y �� 7,a� t,t 'I4`4 ;••t j��;; �.: '$ s " ( l£\��{t�\s, 1 General Information This year marks the 50th anniversary of Constitutional Home Rule. # Florida voters ratified this authority in the 1968 Constitution giving cities # CITIF.SWORK the right to perform municipal functions and deliver services without express permission from the state,except as otherwise provided by law. During his tenure, FLC President Gil Ziffer has made it his goal to actively promote and defend the cherished concept of Home Rule. This is the belief that government closest to the people governs best;that city halls across our state are more accessible,responsive and fair in addressing the needs of their constituents;that local decisions should be made locally;and that the people who live,work and play in a city know what's best for their unique community. Over the last few years,the Florida Legislature has challenged this philosophy by pursuing numerous measures that seek to undermine local decision-making and hamstring municipal officials from doing the jobs they were elected to do effectively.But our dedicated members have fought back with an unwavering message to lawmakers: Let Cities Work! When city officials are free from preemptions and unfunded mandates handed down from the state legislature,our cities can continue to grow and prosper. At this year's Annual Conference,we will celebrate the Home Rule authority that makes cities essential to the quality of life Floridians enjoy on a daily basis.This will be a conference like no other.You will not want to miss this historic event where delegates will come together at a Home Rule Rally to re-energize the long-held notion that local self- government is the keystone of American democracy. The conference will feature educational sessions,valuable networking opportunities and a variety of speakers who will inspire,educate and motivate local leaders.Join us as we make history and proclaim#LetCltiesWorkl Location/Dates The Diplomat Beach Resort-Hollywood, FL Thursday,August 16-Saturday,August 18,2018 Registration s Thursday,August 16: 7:30 a.m.-7:00 p.m. Friday,August 17: 7:00 a.m.-5:00 p.m. Saturday,August 18: 7:30 a.m.-4:00 p.m. Registration Fees City/County/Government($525),Corporate($625)and Guest($125):These fees cover your name badge,admission to all conference sessions and the exhibit hall,refreshment breaks,Friday's membership networking event,Saturday's Past Presidents' Luncheon and the Inaugural Celebration Saturday night. NOTE:Registrants are defined as any elected government official or any employee of governments,organizations or corporations.Guests are defined as spouses, partners or other non-professional relations of conference delegates. Guest registration may not be used for other elected government officials,staff or company representatives. Page 27 of 665 i 11 lin Teen Guest 13-18 years($20)and Child Guest 3-12 years($15):These fees cover your name badge,admission to the exhibit hall, Friday's membership networking event and refreshment breaks.Teen and child guest registration does not IncludeSaturday's Past Presidents'Luncheon or Inaugural Celebration. Exhibit Hall Pass( ):This pass allows family members and guests who are not registered for the conference to visit our vendors on Thursday and Friday. Passes permit access to the exhibit hall on Thursday afternoon,Thursday evening and Friday morning.The pass allows access to all events in the exhibit hall,as well as Friday's membership networking event.The passIs not good for any other conferencev is not equivalent to a registration. Youth Council Program($75):This fee covers all Youth Council Program activities on Saturday, plus lunch.See page 12 for details and registration information. Registration Procedures !1 Registration To register in advance,fill out the registration form on page 11,attach a check for the appropriate fee and mail it to the League office by Wednesday,August 1,2018.Your name badge and other information can be picked up at the conference registration desk. Online Registration Visit the League website, vwvw.ftcitiesconference.com, to access online registration. If you register online there are two payment options.You can send your registration fees by check to the Florida League of Cities.(Note:You are not registeredtil we receiver payment,and you will not receive r housing Infor- mation til your registration is paid.) r,you can simply pay online with your Visa, Mastercard or American Express. Registrations submitted and paid online via credit card will automatically be marked as paid,and you will receive your conference confirmation immediately viae ail!Conference confirmations include your registration information,totals and registration number for your reference.Please check your confirmation carefully to verify that all information is correct. Please inform the League immediately of any errors. Please note that payments via credit card may be made online only. Deadlines Registration-Conference registration forms must be postmarked on or before Wednesday,August 1,2018. If you are unable to meet this deadline, please register on-site. Registration fees Willincrease r government $655 for corporate registrants for all registrations done on-site,so we encourage you to register in advance. Hotel Reservations-The cutoff date for reservations at the Diplomat is July 19,20118.Reservations must be made via an FI-C-provided security code only;no one will receive housing information until after their paid registration is received.Please see page 10 for more details. Cancellation i Conference registration cancellations must be done in writing by email,fax or mail to ho @Hcitles co ; fax( )222-3806;or Florida League of Cities,Inc.,P.O.Box 1757,Tallahassee,FL 32302-1757.All cancellations received in the FLC office by 5:00 p.m.,Wednesday,August 1,2018 will receive refunds, minus a$50.00 cancellation fee.Refunds will be issued after the conference. Hotel reservations must be cancelled no later than 72 hours prior to the scheduled arrival date to avoid a penalty of one night's room and tax. Page 28 of 665 Special Needs If you are physically challenged and require special services,or if you have special dietary needs(i.e.allergies,Kosher or vegetarian meals), please attach a written description to your registration form.Contact the hotel directly if you will need any special accommodations in your room. Continuing cats n Credit Some of the conference's educational sessions may be eligible for continuing education credit through the Florida Bar and/or the Florida Board of Accountancy.It is the attendee's responsibility to submit these hours for approval. FLC will provide sign-in sheets at each session and will send certificates of attendance to all delegates who complete the sign-in sheets. Live Feeds via Social Media The League will be posting real-time updates and photos via Twitter, Facebook, Instagram and YouTube during the conference. Follow,friend or like @FLCltles on all major platforms.Connect with the conversation or pose questions by using the hashtag#FLCities2018 in all your conference related}costs. Thursday is City Shirt Day! We encourage all of you to show your city spirit by wearing your city shirt on Thursday,August 16. Contact Information For additional information,please contact Melanie Howe at mhowe@flcities.com or(850)222-9684. Page 29 of 665 Tentative Program Following is a tentative schedule of conference events.Visit wwwficitiesconference.com for more information and schedule updates. 8:30 a.m.-1:00 p.m. Research Symposium Additional registration required through the League's Center for Municipal Research and Innovation,"contact Liane Schrader at Ischrader@flcities.com. 2:00 p.m.--5:00 p.m. FloridaBu of Mayors Roundtable Additional registration required through the Florida League of Mayors,•contact Rachel Embleton at rembleton@flcides com. 7:30 a.m.-7:00 p. . Registration Desk Open 8:00 a.m.-12:00 p.m. Continuing Educ tion in Ethics: a I Your urs? Florida's municipal elected officers are required to take four specific hours of continuing education in ethics per year. If you haven't completed your hours yet,this is your opportunityl The four hours include two hours on the Florida Ethics Law(Chapter 112, F. .),one hour of public meetings(Chapter 286, F.S.)and one hour of public records(Chapter 119, . .). If your hours are completed,this is a goodrefresher class. You must be registered for the full conference to attend this session,and pre-registration is required.Registration is limited the first 150 people.See the registration form for details. 9:00 a.m.-10:00 a.m. Florida u ors Nominating CommitteeMeeting 10:00 a.m.-11:00 a.m. Florida League of Mayors Business Meeting For more information, contact Rachel Embleton at rembleton@flcities.com. 11: .-12:00 p.m. Florida League of Mayors iMeeting 12:30 p. .-7:30 p. . Municipal Marketplace open 1:00 p.m.-3:00 p.m. "Cities If you are newly elected or newly appointed.this"crash course" is designedfor you.Details about Florida municipalities, services governing challenges will be discussed. This is a prequel to the popular Institute for Elected Municipal Officials, ut is not a substitute for the three-day IEMO class. Page 30 of 665 1:00 p.m.-3:00 p.m. Legislative Policy Committee Meetings >> Finance,Taxation and Personnel Land Use and Economic Development �> Municipal Administration 0> Transportation and Intergovernmental Relations Utilities, Natural Resources and Public Works 3:15 p.m.-4:30 p.m. Workshops 4:00 p.m.-5:00 p.m. Resolutions Committee Meeting 5:00 p.m.-6:00 p.m. Federal Action Strike Team(FAST)Meeting 5:15 p.m.-6:00 p.m. First-Time Attendees'Orientation If this is your first FLC Conference,welcome!This workshop will acquaint you with the League,the conference program (with tips for the best use of your time),how to get involved in your local or regional league, FLC legislative policy committees and other municipal services. 6:00 p.m.-7:30 p.m. President's Welcome Reception,in the Municipal Marketplace 7:00 a.m.-7:50 a.m. FREE Sunrise Yoga an the Beach See page 9 for full details. 7:00 a.m. -8:30 a.m. Florida Black Caucus of Local Elected Officials Breakfast To be eligible to attend,a membership application and paid dues must be submitted.Membership applications can be obtained at www.tbc-leo.org.For more information regarding FBC-LEO visit their website. 7:00 a.m.-9:00 a.m. Continental Breakfast in the Municipal Marketplace 7:00 a.m.-1:00 p.m. Municipal Marketplace Open 7:00 a.m. -5:00 p.m. Registration Desk Open Page 31 of 665 8:00 a.m.-9:00 a.m. 9:00 a.m.-10:00 a.m. Workshops Annual Business Meeting 9.15 a.m.-11:15 a.m. 10:15 a.m.-12:00 p.m. Home Rule Rally General Session 11:00 a.m.-1:00 p.m. 12:15 p.m.-1: p.m. Sidewalk Caf6 in the Municipal Marketplace(Cash Sales) Past Presidents?Luncheon and Installation of New President 1:00 p.m.-4:00 p.m. Home Rule Rally 2:00 p.m.-4:00 p.m. Workshops 6:00 p.m.-7:00 p.m. Membership Networking Event 6:00 p.m.-10:00 p.m. Childcare Provided Evening Open Pre-registration required.See enclosed form to register 6:30 p.m.-9:30 p.m. Inaugural Celebration-City Nights 7:30 a.m.-8:30 a.m. Back by popular demand is the group Tallahassee Various Local/Reglonal League Breakfast Meetings Nights Uve,a band that appeals to all styles and ages Contactyour local league for more information. with their eclectic mix of jazz, R&B,soul,pop.rock, Latin and country,so bring your dancing shoes and 7:30 a.m.-4:00 p.m. plenty of energy.Enjoy a buffet dinner,some strolling Registration Desk Open entertainment and plan to dance the night away. 8:30 a.m.-9:00 a.m. Schedule and speakers subject to change. Voting Delegate Registration Open 8:30 a.m.-430 p.m. Youth Council Program See page 12 for details and registration information. CWtW F' L i is 92ND AN, I UAL CONFEfiENCE 7 Page 32 of 665 Conference Speakers MARK STODOLA Mayor,tittle Rock,AR I ' t President,National League Of Cities 1; Mark Stodola is the mayor of Little Rock,AR,and president of the National League of Cities, a the largest organization representing America's cities and their leaders.As president of NLC, Stodola advocates on behalf of more than 19,000 cities,towns and villages,focusing on the critical issues of infrastructure,public safety,economic development and cities'preparation for the future of work. Stodola has served as mayor of Little Rock since January 2007.During his tenure,he has helped prioritize public safety as the city's foremost obligation with a focus on various quality-of-life projects impacting economic development and tourism.Stodola has been key in promoting the revitalization of Little Rock's Main Street where the"Creative Corridor" plan,as well as the location of the city's state-of-the-art Technology Park, has resulted in over$150 million in private sector development thus far. He has partnered to bring over$1.3 billion in new capital investment to the city, which has resulted in more than 7,000 new jobs since taking office,while also championing investment in historically disadvantaged neighborhoods. Beginning his career in public service as city attorney of Little Rock,Stodola has also served as prosecuting attorney for the 6th District of Arkansas and senior partner in the Little Rock law firm Catlett&Stodola, PLC.In addition to his leadership of NLC,Stodola is an active member of the U.S.Conference of Mayors and the Rotary Club of Little Rock. aa STEPHEN JA i �1. r Mayor,Columbia,SC ' 1 President-Elect,United States Conference of Mayors r Since being elected in a record turnout election in April 2010, Mayor Steve Benjamin has made it his mission to create in Columbia the most talented,educated and entrepreneurial city in America. His service in Columbia began in 1990 when he served as student body president at the University of South Carolina, later becoming the Student Bar Association President at the USC School of Law. In his time as mayor,the city has generated budget surpluses in five of the last seven years and gone seven straight years without a tax increase;established the city's first poet laureate and public art initiative;launched"Let's Move!Columbia" and was named 2015's#1 National League of Cities"Let's Move"city;established the Justice for All initiative,which implemented measures to improve accountability and trust between law enforcement and Columbia communities; and launched new green infrastructure projects,including utilizing new,low-impact technologies and the use of modular storage for flood control. In addition to serving as mayor of Columbia, Benjamin also serves as vice president of the United States Conference of Mayors and as chairman for Municipal Bonds for America. He teaches a class at the University of South Carolina Honors College and Columbia College titled"Columbia,South Carolina: Building a Great City,"and is a member of Kappa Alpha Psi and Sigma Pi Phi fraternities. Page 33 of 665 Additional Activitines Off-Site Activities The Diplomat Beach Resort provides a professional concierge desk to answer all questions regarding what to do, where to dine and how to get there,as well as brochures on area attractions,shopping and restaurants. For complete information, please contact the Diplomat at(954)602-6000 or visit their website at www.diplomatresort.com. FREE Sunrise Yoga on the Beach Join us on the beach at 7:00 a.m.on Friday,August 17,for a sunrise yoga class. Flow with grace in a variety of postures designed to open up your mind, body and heart.This relaxing class will be led by a certified personal trainer and is great for individuals at all levels of fitness.You don't need to bring a yoga mat, but be sure to wear comfortable clothing. There is no charge for the event,but pro-registration Is required(see main registration form),and the class is limited to the first 50 particlpants. Saturday Night Childcare Childcare services will be available on Saturday,August 19,from 6:00 P.m.until 10:00 p.m.during the Inaugural Event This service, provided by the League through Sitter Solutions, will be offered at no charge, but pre-registration is required. The League will provide pizza,snacks and drinks.Sitter Solutions will provide quality childcare with loads of activities and games.Toys will be provided for children 1-3 years old,as well as videos for quiet time. Pillows and blankets will also be available.This service is licensed,bonded,insured and CPR trained,and there is no cost to you. Agenda 6:00 p.m.-6:30 p.m. Registration 6:30 p.m.-7:30 p.m. Dinner 7:30 p.m.-10:00 P.M. Activities 10:00 p.m. Closes Please be sure to pick up your child by 10:00 p.m. In order for us to provide this service,you will need to fill out the Childcare Registration Form on page 13 so we can determine how many sitters will be needed. Please return childcare forms to Melanie Howe,mhowe@flcities.com, fax (850)222-3806 or mail to RO. Box 1757,Tallahassee, FL 32302-1757. 9 Page 34 of 665 Conference Housing Information The Diplomat Beach Resort will serve as the conference hotel.It is located at 3555 S.Ocean Drive in Hollywood.The hotel's phone is(954)602-6000.(NOTE: Reservations may be made via an FLC-provided code only.Please do not call the Diplomat to make reservations until you receive this code.)FLC has secured the reduced rate of$20 per day for self-parking,and$25 per day for valet parking. The landmark Diplomat sits right on Hollywood Beach and features incredible views of the Atlantic.The hotel boasts a spectacular two-level lagoon-style pool,a kids'club and many water activities.Visit the hotel's website at www. diplomatresortcom for more details.The Diplomat Is a smoke-free property. Directions From North:Take 1-95 South to Exit#18.Turn left onto Hallandale Beach Boulevard and proceed 3.5 miles.Turn left onto Ocean Boulevard(Route AIA).The hotel is located on the right. From South:Take 1-95 North to Exit#18.Turn right onto Hallandale Beach Boulevard. Proceed to Ocean Boulevard (Route AIA)and turn left.The hotel is located on the right. From West:Take 1-75 East to Interstate 595 East.Then proceed to 1-95 South.Take Exit#18 and turn left ont In order to protect our room blocks for conference registrants, it is our policy that no one will receive housing information until we have �+ received your PAID registration.Once your y , registration is paid,you will be sent housing information via email.(if you do not have an email address,we will mail or fax the information to you.) NOTE:If you register online,but choose to mail in your check,you will not receive your housing information until your registration is paid. Please note that the reservation cutoff date at the Diplomat is July 19,2018,and the rate is willMinimal ;189/night.It is important that you register for the conference early so you have plenty of time �r I to make your reservations.Availability is on a u : first-come,first-seared basis. Remember that we are unable to guarantee w— reservations for anyone nor the exact date _ mom on which the hotel block will sell out, so please register early. WIN MU 10 Page 35 of 665 Fl -------------------- ...................... 2018 Florida League of Clitles Youth Councill Program Saturday, August 2018 1, 8:30 IS., . We are pleased to invite youth councils from throughout the state to participate in the annual conference.Attendees will learn about issues facing municipalities across the country and have the opportunity to network with other Florida youth councils. The registration fee for this program is$75 per person and includes the keynote presentation during Saturday's general session, lunch and youth-targeted presentations. NOTE:Students must be members of an established municipal youth council in order to participate in this program. Please complete one form per youth council.The form may be duplicated if you are registering more than six people. Youth Council Name: Contact Person: Address: City: State: i Phone: a : Email: Contact Cell Phone: Name: El Student ❑ Chaperone Name: El Student ❑ Chaperone Name: 11 Student ❑ Chaperone Name: 11 Student ❑ Chaperone Name: 0 Student ❑ Chaperone Name: 11 Student ❑ Chaperone Registration Fee:$75.00 per person if received by Wednesday,August 1,2018.The final deadline for registration is Wednesday,August 1,2018 Total Amount Enclosed. Return completed form with check payment to Florida League of Cities, P.O.Box 1757,Tallahassee, FL 32302-1757. NOTE:If you wish to pay with a Visa or MasterCard,please complete this form and email it to mhowe@ficities.com and you will be contacted directly for your card information. Youth council registration cancellation must be done in writing via email or fax to mhowe@flcitiescom or(850)222-3806. All cancellations received in the FLC office by 5:00 p.m.,Wednesday,August 1,2018 will receive refunds. Refunds will be issued after the conference. For more information please contact Sharon Berrian at(850)222-9684. 12 - Page 37 of 665 ,iiiii 'Ji Saturday Night Childcare Form August 16-18, 2018 The Diplomat Beach Resort Hoilywood Sitter Solutions, Inc. Pre-Registration For Parent Nomv Phone Address;s; Cell Phone: City. State: Zip/Postal Code: Please fist each child's name,a e and a alkir ies orspecial needs as indicated below. Child Name A e idler m /S ia.l e Who is authorized to joick a our child? �elattionshi.,,.nshi . The undersigned parent/guardian, for himself or herself, and his or her heirs, successors and/or assigned, herby releases, acquits and fully discharges, Sitter Solutions and their respective shareholders, officers, directors, agents, employees, representatives, predecessors, successors and assigns from any and all claims, suits, sums of money, judgments, executions, damages, losses, expenses of any kind including without limitation, court demands, causes of actions and rights whatsoever, known or unknown contingent or otherwise, that parent,guardian or child might have, in whole or in connection with directly or indirectly,in the provision of child care services and or any use by rent/guardian or their children at such facility. 2. Parent/guardian may not brim toys,jewelry, valuables or medications into child care facility. Sitter Solutions,Inc,will not be responsible for such items and will not administer medication of any kind. 3. Parent/guardian warrants that the child has no allergies or disabilities, which have not been noted above, 4. This agreement shall be interpreted and construed under and in accordance with the laws of the State of Florida. 5. I hereby grant permission for Sitter Solutions, Inc, to take whatever steps necessary to obtain emergency medical care if warranted. If the parent cannot be reached emergency personnel will be called. 6. I hereby give permission for photographs/video to be taken of my child(ren)while attending a Sitter Solutions,Inc,children°s convention.These photographs/video may be used for Sitter Solutions,Inc. This will serve as my authorization to Sitter Solutions,Inc. Signature elationhi For more information, call Sitter Solutions, Inc. at 813-900-0927 13 Page 38 of 665 1 1 1 RESOLUTION NO. R 07- 15� 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, 5 ESTABLISHING A TRAVEL POLICY; RESCINDING 6 ALL PREVIOUS RESOLUTIONS AND POLICIES 7 GOVERNING TRAVEL BY THE CITY COMMISSION; 8 AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission of the City of Boynton Beach desires to establish 11 a travel policy to provide for an administrative process by which each member of the 12 Commission would obtain concurrence of a majority of the members of the City Commission 13 for approval of travel expenditures; and 14 WHEREAS, passage of this Resolution will rescind all previous Resolutions and 15 policies governing travel by the City Commission; 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 17 THE CITY OF BOYNTON BEACH, FLORIDA,THAT: 18 Section 1. The foregoing "WHEREAS" clauses are true and correct and 19 hereby ratified and confirmed by the City Commission 20 Section 2. That the City Commission of the City of Boynton Beach does hereby 21 establish a Travel Policy, a copy of which is attached hereto as Exhibit"A". 22 Section 3. That any and all previous Resolutions and/or Policies governing travel 23 are rescinded. 24 Section 4. That this Resolution will become effective immediately upon passage. SACA\RESO\Commission Travel Policy.doc 12/3/07 Page 39 of 665 it 1 PASSED AND ADOPTED this 18 day of December, 2007. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 or—Je aylo 7 8 !, 9 Vice M r—J odli ez 10 11 • 12 Commis'�sioner—Ronald Wei an 13 14 c 15 Commissioner—Woo . Hay 167 18 Commissioner—Marlene Ross 19 ATTEST: 20 21 p � . 22 ol 23 Jaiiph M. Prainito, CMC 24 y Clerk 25 26 27 28 (C Sear 29 30 SACA\RESO\Commission Travel Policy.doc 12/3/07 Page 40 of 665 City of Boynton Beach City Commission TRAVEL POLICY Approved travel must adhere to the following guidelines in order to be paid by the City of Boynton Beach: A. Prior to Travel: 1 . Complete Conference & Travel Request form and submit for approval. 2. All travel by City Commission Members must be approved in advance by the City Commission. B. Registration: 1. Complete conference registration forms. 2. Submit conference form for payment in advance if necessary. 3. Attach a copy of the registration form with the request for payment to Finance department. 4. Request per diem fee in advance (subtract all conference meals covered by registration fee). C. Upon completion of Travel: 1. Complete the Travel Expense Report for out-of-pocket expenses. 2. Attach all credit card receipts and other receipts to the expense report for payment or reimbursement. 3. Failure to include credit card receipts will be charged to the member personally. D. Travel Approvals: • City Commission Members travel shall be approved in advance by the City Commission at a regularly scheduled meeting. • The City Finance Director must sign off on travel form to confirm funds availability in the budget. • The City Manager must sign off prior to City Commission Agenda submittal. • Travel expenses are only reimbursable with receipts and are not automatic. • No PERSONAL items may be charged to the Agency. E. Travel Restrictions: • Per Diem payments shall be paid ONLY for class "A" travel, or travel outside the local area. Local area is defined as 50 miles or more from the Boynton Beach City Hall. • Mileage reimbursement rate is $.485 per mile per IRS and City. • If a spouse is to attend all related expenses shall be paid by the employee, and all receipts MUST be separate. The City WILL NOT pay for any spouse or child costs associated with any conference. All such costs will be paid by the member separately. • Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the Commission Member and not the City. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. Page 41 of 665 City of Boynton Beach City Commission Gt�IVFE�t��E=�&°�'�tA1��F�ECt' ��►T Date of Request: 2008 City Commission Member Attending: Conference Name: Conference Location: Conference Purpose: Account to Charge: Dates of Travel & Attendance: to 2008 Cost of Conference: $ Cost of Travel: $ Cost of Lodging: $ Cost of Car Rental: $ Cost of Per Diem: $ ---------------- ---------------- TOTAL Approved by Finance Director: Date Approved by City Manager: Date NOTE: City Commission travel requests must be approved in advance at a regularly scheduled meeting of the City Commission. Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the Commission Member and not the City. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. Please submit a conference agenda with this request. Please subtract all meals provided for by conference attendance fee. Page 42 of 665 5.C. ADMINISTRATIVE 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 REQUESTED ACTION BY COMMISSION: Appoint Voting Delegate for the Florida League of Cities Annual Conference, August 16-18, 2018. EXPLANATION OF REQUEST: The annual Florida League of Cities conference will be held at the Diplomat Beach Resort in Hollywood, Florida, August 16-18, 2018. Each year the City Commission appoints a delegate to vote on behalf of the City of Boynton Beach at the annual meeting. See attached request. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Budgeted N/A ALTERNATIVES: Do not appoint a voting delegate STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment FLC Voting Delegate Request Page 43 of 665 Y P --------------------- 3 1 outh Bronough Street-Suite 300-P.O.Box 1757 Q Tallahassee,FL 32302-1757-(850)222-9684-Fax(850)222-3806-WW,,Y.-floridaleagueofcAjes.cQm TO: Municipal Key Official FROM: Michael Sittig, Executive irecto DATE: May 7, 2018 SUBJECT: 92nd Annual FLC Conference VOTING DELEGATE INFORMATION August 16-18, 2018 — The Diplomat Beach Resort, Hollywood The Florida League of Cities' Annual Conference will be held at The Diplomat each Resort, Hollywood, Florida on August 16-18. This conference will provide valuable educational opportunities to help Florida's municipal officials serve their citizenry more effectively. It is important that each municipality designate one official to be the voting delegate. Election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each municipality will make decisions that determine the direction of the League. In accordance with the League's by-laws, each municipality's vote is determined by population, and the League will use the Estimates of Population from the University of Florida for 2017. Conference registration materials will be sent to each municipality in the month of June. Materials will also be posted on-line. Call us if you need additional copies. If you have any questions on voting delegates, please call Gail Dennard at the League (850) 701-3619 or (800) 616-1513, extension 3619. Voting delegate forms must be received by the League no later than August 10, 2018. Attachments: Form Designating Voting Delegate President G1.1 Zler,Commissioner, Fallahas-see First Vice President Leo E. Langworth, Vice Mayor. Bartow-Second Vice President Isaac Salver,Councilman, Bay Hanoor Islands Executive Director Michael SitUg General Counsel Kraig Conn Page 44 of 665 92nd Annual Conference Florida League of Cities, Inc. August 16-18, 2018 Hollywood, Florida It is important that each member municipality sending delegates to the Annual Conference of the Florida League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By-Laws requires that each municipality select one person to serve as the municipalities voting delegate. Municipalities do not need to adopt a resolution to designate a voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. Nameof Voting Delegate: ........................................................................................... .................... ................ Title: Municipality of. AUTHORIZED BY: -------------------- ................ .............. Name Title Return this form to: Gail Dennard Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302-1757 Fax to Gail Dennard at (850) 222-3806 or emailgdennard@,flcities.com Page 45 of 665 Important Dates MU 2018 Notice to Local and Regional League Presidents and Municipal Associations regarding the Resolutions Committee June 2018 Appointment of Resolutions Committee Members Deadline for Submitting Resolutions to the League office 16th Policy Committee Meetings Voting Delegates Registration August 16th Resolutions Committee Meeting August 18th Immediately Following Breakfast—Pick Up Voting Delegate Credentials Followed by Annual Business Session Page 46 of 665 6.A. CONSENTAGENDA 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-074-Authorize the City Manager to sign the First Amendment to the I nter-local Agreement to issue a declaration of local state of emergency and upon request of the County, the City shall staff each emergency shelter located within its municipal boundaries. EXPLANATION OF REQUEST: On December 5, 2017, the City Commission approved (Via Resolution R17-124) entering into an Interlocal Agreement with Palm Beach County to provide staffing of emergency shelters. The County is requesting that language contained in the Interlocal Agreement, specifically Paragraph 2 of Article 4, titled, "Shelter Staff Requirements" be amended with the sole purpose of clarifying the verbiage. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? In order to function and perform emergency medical care duties, members must have the necessary agreement in place to operate under the direction of the contracted medical director. The shelter team at each emergency shelter will establish designated medical treatment areas. The EMS staff will perform all work at the shelter under the direction and authority of ALS Services within the City. Without this agreement and subsequent amendment, Boynton Beach Fire Rescue would not be able to effectively perform these services. FISCAL IMPACT: Non-budgeted Non-budgeted -- the fiscal impact of this agreement will be negligible since the City is already providing those services based on a long-standing informal agreement with the Palm Beach County Division of Emergency Management. ALTERNATIVES: The City of Boynton Beach may opt out of providing EMS support at hurricane/disaster shelter locations within the city limits. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 47 of 665 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving First Amendment to ILA for shelter staffing during emergency D Amendment AMENDIVIENT1 D Agreement SHELTER AGREEIVINET Page 48 of 665 1 RESOLUTION R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING A FIRST AMENDMENT TO INTERLOCAL 5 AGREEMENT WITH PALM BEACH COUNTY TO ISSUE A 6 DECLARATION OF LOCAL EMERGENCY AND STAFF EACH 7 EMERGENCY SHELTER WITHIN THE MUNICIPAL 8 BOUNDARIES; AUTHORIZING THE CITY MANAGER TO SIGN 9 THE FIRST AMENDMENT TO INTERLOCAL AGREEMENT; AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, on December 5, 2017 the City Commission approved, via Resolution 13 R17-124, entering into an Interlocal Agreement with Palm Beach County to provide staffing of 14 emergency shelters; and 15 WHEREAS, the County is requesting that language contained in paragraph 2, Article 4 16 of the ILA be amended with the sole purpose of clarifying the verbiage; and 17 WHEREAS, having EMS on site increases lifesaving capabilities while decreasing 18 response time from being dispatched, which could be delayed due to roadway hazards; and 19 WHEREAS, these services have been provided in the past based on mutual 20 understanding, however, Palm Beach County would like to formalize the agreement with all 21 agencies throughout the County; and 22 WHEREAS, the City Commission upon recommendation of staff, deems it to be in the 23 best interest of the citizens and residents of the City of Boynton Beach to authorize the City 24 Manager to sign the First Amendment to Interlocal Agreement with Palm Beach County to 25 issue a declaration of local state of emergency and upon request of the County, the City shall 26 staff each emergency shelter located within it municipal boundaries. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\9D6389F9-EOOA-46DC-8395-E1F61ABA653F\Boynton Beach.10717.1.1st Amendment To ILA With PBC (Declare_Emergency_And_Staff Shelters)_-_Reso.Doc Page 49 of 665 30 being true and correct and are hereby made a specific part of this Resolution upon adoption 31 hereof. 32 Section 2. The City Commission approves and authorizes the City Manager to sign 33 the First Amendment to Interlocal Agreement with Palm Beach County to issue a declaration of 34 local state of emergency and upon request of the County, the City shall staff each emergency 35 shelter located within it municipal boundaries, a copy of the First Amendment to Interlocal 36 Agreement is attached hereto and made a part hereof as Exhibit"A". 37 Section 3. That this Resolution shall become effective immediately upon passage. 38 PASSED AND ADOPTED this day of , 2018. 39 40 CITY OF BOYNTON BEACH, FLORIDA 41 42 YES NO 43 44 Mayor— Steven B. Grant 45 46 Vice Mayor—Christina L. Romelus 47 48 Commissioner—Mack McCray 49 50 Commissioner—Justin Katz 51 52 Commissioner—Joe Casello 53 54 55 VOTE 56 ATTEST: 57 58 59 60 Judith A. Pyle, CMC 61 City Clerk 62 63 64 65 (Corporate Seal) 66 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\9D6389F9-EOOA-46DC-8395-E1F61ABA653F\Boynton Beach.10717.1.1st Amendment To_ILA With PBC (Declare_Emergency_And_Staff Shelters)_-_Reso.Doc Page 50 of 665 FIRST AMENDMENT TO INTERLOCAL AGREEMENT THIS FIRST AMENDMENT TO INTERLOCAL AGREEMENT (hereinafter "First Amendment")is made by and between Palm Beach County, a political subdivision of the State of Florida, by and through its Board of Commissioners (hereinafter referred to as the "County") and the and the City of Boynton Beach (hereinafter referred to as the City). WITNESSETH: WHEREAS, the County and City entered into a Interlocal Agreement between Palm Beach County and the Staffing of Emergency Shelters by Emergency Medical Services Staff (R2018-0687) (the "Interlocal Agreement") on April 24, 2018; and WHEREAS, the parties have agreed to amend the Interlocal Agreement to clarify requirements for cooperation between shelter management and emergency medical services staff while meeting the medical needs of shelter residents. NOW THEREFORE,in consideration of the mutual representations,terms and covenants hereinafter set forth, the parties hereto agree as follows: 1. The foregoing recitals are incorporated herein by reference. 2. Paragraph 2 of Article 4 titled, "Shelter Staff Requirements" is hereby amended as shown below: A clearly-designated medical treatment area within each shelter shall be established to support EMS operations. EMS staff shall work cooperatively with shelter management to meet the medical needs of shelter residents. The medien tr-en*ment The EMS Staff shall be in the performance of all work at the shelter, employees of the City and under the direction and authority of such officials and physicians as customary and required in the day-to-day provision of ALS services within the City's boundaries and subject to the City's management, supervision, control and authority. In no event shall the EMS staff employed by or assigned by the City be considered employees, agents, servants or contractors of the County. 3. Except as specifically modified herein, the Interlocal Agreement is ratified and confirmed by the parties and remains in full force and effect. 4. This First Amendment shall be effective on the date it is executed by the County. Page 51 of 665 IN WITNESS WHEREOF, Palm Beach County, Florida, by and through its Board of County Commissioners and the City of Boynton Beach, Florida, a municipal corporation,have made and executed this Interlocal Agreement on behalf of the County and the City, on the date first above written. PALM BEACH COUNTY CITY OF BOYNTON BEACH BOARD OF COUNTY COMMISSIONERS By: By: Verdenia Baker City Representative County Administrator Date Executed by County APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGAL SUFFICIENCY LEGAL SUFFICIENCY By: By: County Attorney City Attorney APPROVED AS TO TERMS ATTEST: AND CONDITIONS By: By: Department Director City Representative Page 52 of 665 NCO 'CORIQ�+ MEMORANDUM TO: EMS Coordinator Mike Lanress Department of Public Safety Division of Emergency Management FROM: Sally Waite 20 S. Military Trail Palm Beach County Emergency Management West Palm Beach- Flt 33412 DATE: October 24, 2017 (561)712-6400 Fax:(561)712-6464 RE: Interlocal Agreement between Palm Beach County and the staffing of Emergency Shelters by EMS staff. ■ Attached are three (3) original Interlocal Agreements that were previously Palm Beach county viewed by your Department. Please have all three (3) signed by the appropriate Board of county staff and returned to me. Commissioners Paulette Burdick, Mayor If you have any questions, please feel free to contact me at 561-712-6484. Melissa McKinlay,'Vice Mayor Hal lt.Valeche Dave Kerner Steven L Abrams Mary Lou Berger Thank you for your time and consideration Mack Bernard County Administrator Verdenia C. Baker "An Equal Opportunity Affirmative Action Emplo-ver" Page 53 of 665 CITY CLERKS OFFICE MEMORANDUM a TO: Mike L.andress EMS Coordinator FROM: Judith A. Pyle, CMC City Clerk DATE: December 12, 2017 RE: R17-124 ILA with PBG Staffing of Emergency Shelters by Emergency Medical Services Attached for your handling are three original agreements and a copy of the Resolution mentioned above. Once the documents have been executed, please return one original document to the City Clerk's Office for Central File. Please contact me if there are any questions. Thank you. Attachments s:�CC\WP\AFrER COMMISSION\Departmental Transmittals\2017\M ke Landress R17-124 ILA PBC Emergency Shelters.docx Page 54 of 665 A I INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE STAFFING OF EMERGENCY SHELTERS BY EMERGENCY MEDICAL SERVICES STAFF This Interlocal Agreement ("Agreement") is made as of the day of ,2 017, (the "Effective Date") by and between the Board of County Commissioners, Palm Beach County, a political subdivision of the State of Florida (herein referred to as the "County"), and the City of Boynton Beach a municipal corporation of the State of Florida (herein referred to as the ("city"), each one constituting a public entity as defined in Part I of Chapter 163, Florida Statutes. WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes,permits public agencies as defined therein to enter into Interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the State of Florida is vulnerable to a wide range of disasters that are Rely to cause the disruption of essential services and the destruction of the infrastructure needed to deliver those services. Such disasters are likely to exceed the quality of any one local government to cope with the disasters with existing resources; and WHEREAS, the Emergency Management Act, as amended, gives the local government of the State the authority the make agreements for mutual assistance in emergencies, and through such agreements to ensure the timely reimbursement of costs incurred by the local governments which render such assistance. WHEREAS, the parties desire to plan for and coordinate activities relating to emergency preparedness, response, recovery, and mitigation, including planning for the medical needs of persons temporarily located at emergency shelters during a declared state of emergency; and WHEREAS, those municipalities with emergency shelters have agreed to staff the public shelter(s) with Emergency Medical Services (EMS) staff, and advanced life support (ALS) equipment during an emergency in order to provide for medical needs during an emergency, if needed. NOW, THEREFORE, for and in consideration of the mutual promises contained herein, the County and the City agree as follows: ARTICLE 1 —RECITALS The above recitals are true, correct and incorporated herein. Page 1 of 6 Page 55 of 665 ARTICLE 2 - REPRE_SE NTATIVEIMONITORING POSITION The County's representative/Agreement monitor during the term of this Agreement shall be Mary Blakeney, whose telephone number is (561.) 712-6549. The City representative/contact monitor during the term of the Agreement shall be EMS Coordinator Mike Landress, whose telephone number is (561) 642-6337, ARTICLE 3- DECLARATION OF STATE OF EMERGENCY This, Agreement is activated upon both an official declaration of emergency by the State of Florida or by Palm Beach County followed by a request of County to CLty for medical staffing of emergency shelters pursuant to this Agreement. ARTICLE 4 - SHELTER STAFF REQUIREMENTS Following a County issued declaration of local state of emergency and upon request of the County, the City shall staff each emergency shelter located within its municipal boundaries with at least one emergency medical technician and one paramedic or two paramedics (collectively the "Emergency Medical Services Staff") during the state of emergency. In addition, the City's EMS staff shall be solely responsible for providing ALS equipment as reasonably required to support the EMS staff function as long as the shelter remains open. The shelter team at each emergency shelter will establish a clearly designated medical treatment area. The EMS Staff shall be in the performance of all work at the shelter,employees of the Ci!y and under the direction and authority of such officials and physicians as customary and required in the day-to- day provision of ALS services within the Ci 's boundaries and subject to the Ci 's management, super-vision, control and authority. In no event shall the EMS staff employed by or assigned by the CibLbe considered employees, agents, servants or contractors of the County. ARTICLE 5—REIMBURSEMENT OF COSTS The County shall reimburse the City incurred costs of the EMS staff as mutual aid costs to the extent such are eligible costs in accordance to FEMA's Recovery Policy RP 9523.6 and applicable FEMA guidance. Within thirty (30) days of the declaration of a local state of emergency for which assistance was requested, the City shall submit to the County representative, documentation substantiating the actual costs incurred to the satisfaction of the County's Division of Emergency Managements office, the State Office of Emergency Management and/or FEMA as required for the County to apply for and process the reimbursement request. As applicable,the City may request the County approval to submit its own claim for reimbursement. ARTICLE 6— FILING A copy of this Agreement will be filed with the Clerk of Circuit Court in and for Palm Beach County and with the Ci 's Clerk's Office. ARTICLE 7—REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any legal action necessary Page 2 of 6 Page 56 of 665 to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or other-wise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights,to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the County and/or the City. ARTICLE 8 - LIABILITYANDEMNIFICATION Each party to this Agreement shall be liable for its own actions and negligence. In no event shall any provision of this Agreement be construed as a waiver of sovereign immunity or a consent to be sued by a third person,by either the Cily or the County. In no event shall this be intended as a waiver, limitation, abrogation, repeal, or replacement of any common law and/or statutory exemptions, immunities or protections from liability, including but not limited to, those established in Chapter 768, Florida Statutes. This section shall survive expiration or termination of this Agreement. ARTICLE 9—ARREARS The City shall not pledge the County's credit or make it a guarantor of payment or surety for any Agreement, debt,obligation,judgment, lien, or any form of indebtedness. The Cit further warrants i furth arran and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. ARTICLE 10 -ACCESS AND AUDITS The County shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the City's place of business. Palm, Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2-421 - 2-440, as may be amended. The Inspector General's authority includes but is not limited to the power to review past, present and proposed County contracts, transactions, accounts and records, to require the production of records, and to audit, investigate, monitor, and inspect the activities of the City, its officers, agents, employees, and lobbyists in order to ensure compliance with contract requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Section 2-421 - 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second-degree misdemeanor. ARTICLE 11 —NONDISCRIMINATION The Cit y warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age.. national origin, ancestry, marital status, familial status, sexual orientation, gender identity and expression or genetic information. Qjt has submitted to County a copy of its non-discrimination policy which is consistent with the above, as contained in Resolution R-2014-1421, as amended, or in the alternative, if the City does not have a written non-discrimination policy, it has acknowledged through a signed statement provided for Page 3 of 6 Page 57 of 665 County affirming their non-discrimination policy conforms to R-2014-1421, as amended. ARTICLE 12- AUTHORITY TO PRACTICE The C ity hereby represents and warrants that it I has and will continue to maintain all licenses and approvals required to conduct pre-hospital emergency medical services while staffing the public shelter. Proof of such licenses and approvals shall be submitted to the County's representative upon request. ARTICLE 13— SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circurnstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision,to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 14—NOTICE All notices required in this Agreement shall be sent by certified mail, return receipt requested, hand delivery or other delivery service requiring signed acceptance. If sent to the County, notices shall be addressed to: Bill Johnson, Director 20 South Military Trail West Palm Beach, FL 33415 with copy to: Palm Beach County Attorney's Office 301. North Olive Ave. — 6 'Floor West Palm Beach, Florida 33405 If sent to the City, notices shall be addressed to: EMS Coordinator Mike Landress 2080 High Ridge Road Boynton Beach, FL 33426 with copy to: City's Attorney's Office James A. Cherof, Esquire Goren Cherof Doody & Ezrol, P.A. 3099 East Commercial Blvd., Ste. 200 Fort Lauderdale, FL 33308 ARTICLE 15 - ENTIRETY OF CONTRACTUAL AGREEMENT The County and the City agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of Page 4 of 6 Page 58 of 665 the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except, by written instrument executed by the parties hereto. ARTICLE 16—TERM AND EXPIRATION This Agreement will commence following the execution of this Agreement on the Effective date and shall continue for a term of five (5) years. The parties may mutually agree to renew the Agreement for another term of five (5) years, which must be documented in a written amendment executed by both parties. ARTICLE 17- TERMINATION This Agreement may be terminated by either party upon sixty (60) days prior written notice to the other party. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Page 5 of 6 Page 59 of 665 t C f 29 hereof. 30 Section 2, The City Commission approves and authorizes the City Mana(ger to s era 31 the Interlocal Agreement with Palm Beach County to issue a declaration o(' local stand; of` emergency and upon request of the County, tlae City shal l staff each emergency shelter located i 33 within it municipal boundaries., a copy of the Interlocal Agreement is attached hereto and Heade 34 a hart hereof as Exhibit "Y". 3 Section 3. ` 11,1t this resolution shall become ef`f'ective inimediaately upon Passage, 36 PASSED AND ADOPTED this r � day of" fr` . t; ; r»'r 12017. 37 38 CITY OF BOYN` ON 3IFAC1I. FLORIDA 39 4Q YF"S NU 41 42 4layor m- Steven B. Grant 43 41 Vice Maor— Justin Katz 4' q6i Commissioner— Mack McC l'ay 4 4$ Comn-nissioner— Christina L. Romelus 4,9 I Commissioner— Joe Casello 61 52 53 V(:TL; L:, 34 55 ATTEEST� 5 ' d -- . %0 Juditl,i A. Kyle, CMC v� C6 Clerk � 6 63 64 (Corporate Seal) 5 FI CTrap'amFibs(SCA),NeectsC;i�nr�r)Exefn�crtcr�ff1']eill 0'NVIJC.U(3C(f8FAF-0091-4204SEID-C47t1IM24,IItBo.vnion Beach 7=934J.ILn 4lr�;la i'[nC 4F>ccl.�;�_L't ci�en y .h��_St�fP AITrEicr4ly_tiCSO Doc ss i' i i Page 60 of 665 6.B. CONSENTAGENDA 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-075-Approve the ranking as recommended by the Evaluation Committee and authorize the City Manager to sign an Agreement with Gehring Group, Inc. of Palm Beach Gardens, FL for RFP No. 012-1610-18/IT for Employee Benefits Consulting Services, in the monthly amount of$6,650 for an initial period covering July 1, 2018 thru December 31, 2019. The agreement allows for four (4) additional one-year renewal terms. The total amount of the initial eighteen (18) month term is$119,700. EXPLANATION OF REQUEST: Initial Agreement Term: July 1, 2018 thru December 31, 2019 On May 9, 2018, the City opened and tabulated four (4) proposals to RFP#012-1610-18/ITfor Employee Benefits Consulting Services. This RFP was issued seeking the services of a qualified firm to assist the City in the strategic planning, designing and negotiating for the best coverage and cost for selected employee benefit programs to maximize value for the City. The selected consultant would also provide services for the City's future health, dental, vision, life, AD&D and long-term disability. On May 9, 2018, in a public noticed evaluation meeting, the Selection Committee, comprised of City Staff, revealed and discussed their independent scores for each of the proposals based upon the evaluation criteria described in the RFP. The scores were tabulated by Purchasing Services to arrive at the final score for each firm and the final overall ranking. In a publicly noticed evaluation meeting held on October 18, 2017, the Committee revealed and discussed their scoring. The scores were tabulated by Purchasing Services to arrive at the final score for each firm and the final overall ranking. The Committee ranked the proposals as follows: Rank 1: Gehring Group, Inc. Rank 2: Lockton Companies, Inc. Rank 3: Marsh and McLennan Agency, LLC. (The City received a fourth submittal from Florida League of Cities, Inc. but Purchasing Services deemed the proposal non-responsive to the requirements of the RFP and it was not forwarded to the Committee for review.) The Committee's recommendation is to award the agreement to Gehring Group, Inc. as the highest-ranked qualified firm. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The purpose of this RFP is to secure the services of an independent consultant to assist the City with various aspects of employee benefits, such as: • Assist in identifying the City's needs and objectives for providing an overall benefit plan • Collect and maintain management information regarding group benefit plans Page 61 of 665 • Conduct benefit surveys with other agencies and companies as requested • Conduct detailed review, analysis and projection with City staff at key points during the fiscal year • Assist in design and implementation of wellness and disease management initiatives • Assist in preparation of any future proposal packages as it relates to benefits FISCAL IMPACT: Budgeted This expense has been included in the FY17/18 budget under line item 001-1610-513-49-17. Previous fiscal years' annual expenditures for these services were: F Y E 09/30/17- $79,800 F Y E 09/30/16- $79,800 F Y E 09/30/15- $79,800 ALTERNATIVES: Not accept the Committees' rankings; Re-rank and approve commission ranking; Request oral presentations to commission then rank; or Not to award and issue a new Request for Proposal. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 62 of 665 ATTACHMENTS: Type Description Resolution approving ranking and authorizing the D Resolution Agreement with Gehring Group for Employee Benefits Consulting Services D Agreement AGREEMENT- BENEFITS CONSULTING - GEHRING GROUP D Other Notice of I ntent to Award D Other Tabulation of Responses® RFP- Employee Benefits Consulting D Other Summary of Reviewers Scores® Benefits Gehring Group RFP Submittal ® Benefits D Other Consultant Page 63 of 665 1 RESOLUTION NO. R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING THE RANKING AS RECOMMENDED 5 BY THE EVALUATION COMMITTEE AND AUTHORIZING 6 THE CITY MANAGER TO SIGN AN AGREEMENT WITH 7 GEHRING GROUP, INC., OF PALM BEACH GARDENS, FL 8 FOR RFP NO. 012-1610-18/IT FOR EMPLOYEE BENEFITS 9 CONSULTING SERVICES IN THE MONTHLY AMOUNT OF 10 $6,650 FOR THE INITIAL PERIOD COVERING JULY 1, 2018 11 THRU DECEMBER 31, 2019; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 WHEREAS, on May 9, 2018 City staff opened and tabulated four (4) proposals 15 to RFP No. 012-1610-18/1T for Employee Benefits Consulting Services; and 16 WHEREAS, the selection committee provided its scores to Purchasing Services 17 who then tabulated them to arrive at the final score for each firm and the final overall 18 ranking; and 19 WHEREAS, the Agreement may be renewed for four (4) additional one year 20 terms; and 21 WHEREAS, the City Commission of the City of Boynton Beach upon 22 recommendation of staff, deems it to be in the best interest of the citizens and residents 23 to approve the ranking and authorize the City Manager to sign an Agreement with 24 Gehring Group, Inc., of Palm Beach Gardens, FL for RFP No. 012-1610-18/IT for 25 Employee Benefits Consulting Services in the monthly amount of $6,650 for the initial 26 period covering July 1, 2018 thru December 31, 2019. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 28 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and 30 confirmed as being true and correct and are hereby made a specific part of this C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\6BE48FE4-2548-4A55-8D6B-44939E986ECC\Boynton Beach.10736.1.Approve_Ranking_for_Employee_Benefits_Consulting_Services_(Gehring)_-_Reso.doc Page 64 of 665 31 Resolution upon adoption. 32 Section 2. The City Commission of the City of Boynton Beach, Florida, 33 hereby approves the ranking and authorizes the City Manager to sign an Agreement with 34 Gehring Group, Inc., of Palm Beach Gardens, FL for RFP No. 012-1610-18/IT for 35 Employee Benefits Consulting Services in the monthly amount of $6,650 for the initial 36 period covering July 1, 2018 thru December 31, 2019, a copy of the Agreement is 37 attached hereto and incorporated herein as Exhibit"A". 38 Section 3. That this Resolution shall become effective immediately. 39 PASSED AND ADOPTED this day of , 2018. 40 CITY OF BOYNTON BEACH, FLORIDA 41 YES NO 42 43 Mayor— Steven B. Grant 44 45 Vice Mayor—Christina L. Romelus 46 47 Commissioner—Mack McCray 48 49 Commissioner—Justin Katz 50 51 Commissioner—Joe Casello 52 53 VOTE 54 ATTEST: 55 56 57 Judith A. Pyle, CMC 58 City Clerk 59 60 61 (City Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\6BE48FE4-2548-4A55-8D6B-44939E986ECC\Boynton Beach.10736.1.Approve_Ranking_for_Employee_Benefits_Consulting_Services_(Gehring)_-_Reso.doc Page 65 of 665 "DRAFT" SUBJECT TO REVISIONS PRIOR TO SIGNING. AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND EMPLOYEE BENEFIT CONSULTING SERVICES PROVIDER THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and GEHRING GROUP, INC., hereinafter referred to as "PROFESSIONAL", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Firm is retained by the City to perform professional services in connection with the RFP FOR EMPLOYEE BENEFIT CONSULTING SERVICES; RFP No.: 012-1610-18/IT. 2. SCOPE OF SERVICES. Firm 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 PROFESSIONAL to proceed. PROFESSIONAL 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 an initial period of eighteen (18) months commencing July 1, 2018 thru December 31, 2019. The City of Boynton Beach may extend the contract with the same terms and conditions for four (4) additional, one-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. At the City's request, the Firm shall continue services beyond the final expiration date as approved by the City Manager or City Commission. Such extension(s) shall not exceed a six-month period. The Firm shall be compensated at the rate in effect when this extension period is invoked by the City. 5. PAYMENT: The City will pay the PROFESSIONAL, the fees as set forth in Exhibit B, Fees and Payments, which is attached hereto and made a part hereof. These fees will be paid by the City for completed work and for services rendered under this agreement as follows, not to exceed $6,650.00 per month for a total of$79,800 annually. a. Payment for the work provided by PROFESSIONAL shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to PROFESSIONAL shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or her designee. b. The PROFESSIONAL may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the PROFESSIONAL in the amount approved. c. Final payment of any balance due the PROFESSIONAL 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 by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals Page 66 of 665 necessary to complete the work. e. The PROFESSIONAL'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. Professional 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. Professional 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 fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Professional's own employees, or damage to property occasioned by a negligent act, omission or failure of the Professional. 9. INSURANCE. The Professional 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$2,000,000 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. Professional Liability (Errors & Omissions) Insurance - Professional Liability Insurance with the limits of liability provided by such policy for each claim and on a claim made basis or on an occurrence basis to be no less than one million Dollars ($1,000,000) per occurrence with a limit of no less than two million dollars ($2,000,000) aggregate with a deductible per claim not to exceed ten percent(10%) of the limit of liability. Consultant shall notify the City in writing within thirty (30) days of any claim filed or made against its Professional Liability Insurance Policy. Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent. If it is determined during construction of the project that changes must be made due to Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no cost to City and shall be responsible for additional costs, if any, of the project to the proportional extent caused by such negligent errors or omissions Page 67 of 665 10. INDEPENDENT CONTRACTOR. The Professional and the City agree that the Professional 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 Professional nor any employee of Professional 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 Professional, or any employee of Professional. 11. COVENANT AGAINST CONTINGENT FEES. The Professional warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Professional, 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 Professional, 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 Professional, 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 Professional 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 Professional. b. In the event of the death of a member, partner or officer of the Professional, or any of its supervisory personnel assigned to the project, the surviving members of the Professional 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 Professional 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. Page 68 of 665 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 Professional shall be sent to the following address: GEHRING GROUP, INC. 4200 NORTHCORP PARKWAY, SUITE 185 PALM BEACH GARDENS, FL 33410 ATTN: KURT N. GEHRING, CEO 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Professional 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 Professional. 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 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. Page 69 of 665 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 THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Page 70 of 665 DATED this day of 20 CITY OF BOYNTON BEACH Lori LaVerriere, City Manager for the GEHRING GROUP, INC. Attest/Authenticated: Title (Corporate Seal) Judy Pyle, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary Page 71� of 665 EXHIBIT A SCOPE OF SERVICES 1. SCOPE OF SERVICES TO BE PERFORMED A. PROFESSIONAL SERVICES 1. The Consultant shall collaborate with the Human Resources and Risk Management staff to identify the City's needs and objectives in providing an innovative, comprehensive and affordable benefits program. 2. The Consultant shall provide a self-service, Internet-based automated solution for the transmittal of benefit information to multiple carriers and administrative access for designated City Human Resources' personnel. 3. Collect and maintain management information regarding group plans necessary to facilitate decisions regarding employee group health benefits and services. 4. Conduct annual benefit surveys for comparing City benefits with other agencies and companies and provide comparison of results as required. 5. Conduct detailed review, analysis, and projection sessions with decision makers at key points throughout the year and at a minimum: mid-year and pre-renewal or fourth quarter if no renewal is contemplated. 6. Provide assistance and support as necessary to assist in the administration of the City's Employee Health and Wellness Center (on-site medical clinic). 7. Provide personal assistance to employees who require assistance with claims resolution matters. 8. If requested by the City, prepare an analysis and recommendation regarding the cost savings and liability of self-insurance with stop-loss. 9. Assist in the design and implementation of aggressive wellness and disease management initiatives. 10. Assist in the preparation of proposal request packages when appropriate. Analyze all proposals received and make verbal and written recommendations to the Director of Human Resources and Risk Management of those proposals which best meet the City's needs and objectives. Present information to Commission, if directed. Assist the City in assuring that the selected companies meet all contractual and legal obligations on an ongoing basis. 11. When requested, provide on-site administrative support in carrying out services. Page 772 of 665 12. Conduct contract renewal negotiations with vendors in collaboration with the Director of Human Resources and Risk Management. Provide review/analysis/projections sessions to include: 12.1 Review annual contribution strategy from active participants and retirees 12.2 Projected renewal costs 12.3 Projected loss ratios 12.4 Enrollment analysis and comparisons 12.5 Claims analysis and comparisons 12.6 High cost claim summary 12.7 Network utilization and cost avoidance reports 13. Service to include conducting on-site new hire benefit information presentations at New Hire Quarterly Orientation as requested by Human Resources and Risk Management. Explain each benefit option and answer questions. 14. As requested by Human Resources and Risk Management staff, conduct on-site meetings with employees and/or dependents on a voluntary basis for individual claim resolution and benefits counseling. 15. Assist with annual employee open enrollment meetings for the purpose of supporting and improving service delivery to employees. 16. Assist with annual Employee Health and Wellness Fair for the purpose of supporting and improving service delivery to employees. 17. Provide ongoing service and information to the City and employees to assure prompt and efficient claims payments. 18. Prepare marketing and education communications and materials regarding employee group benefits for the employees and their families. 19. Provide ongoing advice and assistance to the City regarding pertinent legislative changes, court decisions and other works and their impact on the group benefits and costs. 20. Assist City plan administrator and designated staff in maintaining the plan in the most time efficient manner through continued monitoring and analysis. 21. Assist the City in union contract negotiations as they pertain to the benefit plans. 22. Attend and/or conduct City Wellness Committee meetings with employees and management. 23. Conduct review sessions and renewal negotiations based on experience periods. 24. As requested by Human Resources and Risk Management staff, have discussions with City employees, City Management, and/or Union Representatives. Page -'3 of 665 25. Mid-year review/analysis/projection. 26. Fourth quarter or pre-renewal review/analysis/projection 27. Negotiates renewal options to present to City of Boynton Beach 28. Personally attend any meetings requested by the City of Boynton Beach. 29. The City of Boynton Beach reserves the right to meet with any and all providers. 30. Perform other related services on an "as needed" basis THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Page N of 665 EXHIBIT B FEES AND PAYMENTS REQUEST FOR PROPOSAL FOR, EMPLOYES BENEFITS COUSULT1`NO SeRVICE�S RFP No.: 012467 -'1 E PROPOSAL FORM PrOPOMM ShmMthis form for SUbmftg b Fee Proposal. The bnowinoPricing Is s, bfttbBd The ProMer's monthIlv fee 1w bansfit comutting e 1'rwnain:firm for,ft tarm of#m Agreement option 1by M1 shall be axwtjsW uponr tdL al r per, A alloriginal 9 erg! ndiffo adhered to no QftyftctDr M qi „ IN i .. y 12 _ y,/'q m ,rr,{.y gip /y _ iilsw 1" Ta �114GtL � _ - �... ._. ......��...._........ Gehhhl'ing Group.,Inc, _aRE - LIt➢ i 7 Kort N. Gehring'ff � LOMORAE N0,, rind .tt omPsen tete g� .nm E President - I.R. a r` _ _._. TL Apfli 11,2018 TMIS PAGE 4O RIS tb Mm"OpOSAL to aR O E 9 COMKM ANO ACCIPYAWL RFP M&012-1,010-T TR,. Pages 0f665 The City of Boynton Beach PROCUREMENT SERVICES 100 E.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. 012-1610-18/IT SOLICITATION TITLE: EMPLOYEE BENEFITS CONSULTING SERVICES DATE OF NOTICE: MAY 10, 2018 At the public ranking meeting of May 9, 2018, the Selection Committee for the above referenced solicitation scored and ranked the single submittal as follows: RANKING: 1. GEHRING GROUP, INC. 2. LOCKTON COMPANIES, INC. 3. MARSH AND MCLENNAN AGENCY, LLC. 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: GEHRING GROUP, INC. 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: * m4 4 7Ii e Ilyse Triestman, CPPO, CPPB, FCCN Purchasing Manager America's Gateway t®the Gulfstream Page 76 of 665 LO S S 0 rl- � : ® ¢ ! / 2 . - cl / \ , GS\ ( /§§)({ § _ : - . - - <00:Izmw ! » » / zD D _ . - » » » - - - - - k { �// ! ƒ ) § ])) § ] 9& ] wz , 3\ 0. / \ \ § - - / - - z0zw ( � ` . . y / - <zm » » » *! i7 -; 0 -6 )) \ (\! / : �Ul) ƒ \ ) §§ § )!! § ! 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'"^tR \d r"9 Due Date: Friday, April i t P.M. Submitt C:wr.4' GEHR1NG a� x y � EMPLOYEE BENEFtTS I RISS MANAGEMeNy ,.cd rt.,,-,Corp .F r_< 7kzr`5 h (5,61)F526-6,79-,7 P18, 0 r yi,a 6,91," e82 of 65 Table of Contents Tab 1' Int _ T tt Introduction L ni r.. i .•..•.,....,....,•..,..•..,.•.......•.....•......•............ aement Of TMinimuml l ........ ........................................................... ......... TQualificationsi 11 Qualifications of Fir . 16 Qualifications of Staff ..................... 1 Location................... .....................,......,.....,..................,........................... T24 ci I 3 Tab 6: Fee Proposal 39 Fee Proposal Form 68 Tab 7: Proposal Forms .69 Proposer'sAcknowledgement 7 Acknowledgment of AdAddendum(s ) Statement osr's Qualifications References Anti-Kickback Affidavit Non Collusion Affidavit of Prime Proposer Confirmation of Minorityed Business Confirmation of a DrugFre Workplace cknowledgement of PBC Inspector General City of Boynton Beach Local Business Status Schedule of Sub-Consultants Tab8: Exhibits........................................................................................................ Exhibit A .......................................... .................. ........... ...... Tek@ Online Enrollment ii.t..r...t..io..n.. SystemExhi r .......................•..•....•..,..•.•,.•.................................Sample Employee Benefit GuideExhi i ................ Sample Employee o unicionsExhibit ........................ Sample sports Work ProductExhi i . Exhibit F............ ...............................................Health Care Reform/ACA Seminar ExhibitG..................................................................sp ,. ie loy enialer ..Le ers o c nation ( ) GEHRING 3 of 65 8 Page 84 of 665 F- - Tab Introduction Letter The Respondent shah Provide an Introduction letter on corporate letterhead, i gned by a authorizedrepresentative c any.The letter shout clearly indicate the c 'a an signature.letter shall provide a briefnarrative highlighting theRespondent's al. Isincl a c ins. tab section shout not (3) ERIE dei 5 of 65 April 4, 2018 City of Boynton Beach Finance/Procurement Services 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Re: RFP No.012-1610-18/IT Employee Benefits Consulting Services Dear Evaluation Committee Member: Gehring Group is pleased to Provide this proposal in response to the Request for Proposal for Employee Benefits Consulting Services. As the City's currents nsurance Broker of Record,we welcome the opportunity to submit this response for consideration and express our sincere desire to continue our successful relationship. Gehring Group is unique in our qualifications to be Your broker/consultant for three notable reasons:uc ere public sector experts as Public sector is our only industry specialty, 2) our unique non-proer corporate organizational structure allows us to offer our clients a broad depth of value added services and a deep bench of expertise;and 3)our all-inclusive service model allows our clients the opportunityto utilize our resources without concern fora itio 1 cost. First, public sector is (and for over 25 years has been) our only specialty industry, and accordingly it influences how we think, and how we tailor ours ices and processes—specifically for the unique needs and nuances of this very importants or of employer organizat ons We have p ilsurs dedervices to over 100 Public secors throughout Florida 1 - rocounties,school boards,uility and transit authorities,spec- Tese organizations nclude municipalities, ial taxing districts and constitutional offices.Our extensive public sector focus and expertise affords us the ability and experience to provide real time benchmarking studies and related case study comparatives for consideration. Second, our organization is a collaborative advisory firm, rather than an agency of producers. Our team members, including our benefits consultants,are paid a salary rather than a commission. What this me for our clients is a depth of centralized resources and a think tank of seasoned exans s profes pertand siona committed to serving all clients' needs, collaborating and negotiating in an informed and experienlsced concurrent manner in order to achieve the most cost savings and greatest results for our clients. It also means resources—we employ our own wellness coordinators,ACA experts and graphic designers, and we tap into necessary outside focused resources to benefit our clients such as employment attorneys, Affordable Care Act attorneys, and actuaries with health program specialty. Without producers as a sales force, it is especially important to our organization that we create amazing client experiences—because we grow by having great references. At the foundation of Gehring Group's approach to client engageme a commitment to transparencflex y, ibility and responsiveness. nt is Third, Gehring Group is unique in that we offer an all-inclusive model. Our coreservicethose s exceed requested in the Scope of Services outlined in the RFP;and we have d dd services throughout our proposal which are included within our foutline various aitional value-added ee. (4) % HRING rR cr a e 6 of 65 Gehring Group has enjoyed 8 successful relationship that has benefited the City and its members 2012. During this time, your dedicated Gehring Group team has guided the City proactively in identisiine yg and modifying Its overall benefits program and administrative Processes in order cie and capitalize on cost saving Opportunities. some of these proactive solutions, sto ervicesachieve effi, and savines achieved include but are not limited to: 2013/2014 plan year — Negotiated over $350,000 In Premium savings epoposd renewal for medical and dental insuranover carrir re ce. 0 Conducted comprehensive benchmark survey of 12 surrounding entities to assist wit union negotiations. h • 2014/2015 plan year— Conducted RFP process for all lines of coverage; investigated options to carve out Fire Department employee benefits; evaluated high deductible plan options; and performed network disruptions and network discount analyses. Through the RFP process, your Gehring Group to was able to negotiate and secure: 0 $35,000 in Wellness funds to offset the City's costs of implementing various wellness initiatives; and 0 $30,000 in Technology funds to offset the annual cost of an electronic enrollment system. (Gehring Group absorbs costs over$30,000.) 0 Conducted educations sessions for employees regarding the high deductible health plan (HDHP) concept during the implementation of the dual option plan. • 2015/2016 plan year—Our team guided the City through: o Transitioning to a High Deductible Health Plan (HDHP) with City contributions to Health Savings Accounts (HSA) for each enrolled employee, saving the City over$1.5 million in comparison to its traditional plan renewal while negotiating an additional $40,000 in Wellness funds. 0 Implementing the BenTek Online Enrollment and Administration tem which the City's HR staff to administer and send benefits enrollment informSa tion to each venddor dor electronically and allowed employees to enroll in benefits coverage options online. 0 Negotiated$40,000 of Wellness funds and$30,000 in Technology funds. • 2016/2017 plan year—Gehring Group and the City collaborated to develop a three-year strategic plan which includes the implementation of an onsite Employee Health Center,transitIoning from a fully insured to a self-funded hybrid product, with the ultimate goal of self-insuring the medical program. During this process our team: 0 Conducted a comprehensive RFP process to secure a viable clinic vendor to administer the onsite Employee Health Center for City employees, ultimately selecting Care ATC as the awarded vendor. * Negotiated a 0%(no increase)to the medical coverage renewal. * Negotiated$40,000 of Wellness funds and$30,000 in Technology funds. (slGEHRING a e of 65 remain in compce wth all State and Federal regulations including the Affordable Care 0 Conducted a thorough compliance review to ensure the City's employee benefits program lianis Act. 0 Discussed future integration of the City'sWellness program with services Provided r. by the Health Cente • 2017/2018 plan year—During the currentplan year, we continue to execute Our strategic plan by: 0 Transitioning from a fully insured to self-insured hybrid product, (minimum prem um arrangement), allowing the City to retain any plan surpluses. The result of this t ns t on was a 14% reduction in premium from the prior year( ins over$950,000 ra i I with no changes to the medical plan design. This reduction also enabled the City to increase its contribution to dependent coverage premiums, making it more affordable for employees to cover their dependents. 0 Holding weekly implementation calls with CatC to review concerns, timelines and expectations with establishing the City's onsite Employee Health Center. 0 Providing a designated, certified Wellness Coordinator who worked in collaboration with the City to initiate and implement a formal wellness program, and vel collateral logo ur it lves). op and employee communication materials for the City branded program B 0 D.S. (Bettering ODay se • Gehring Group has assisted the City with planning and coordinating its annual Wellness and Benefits it since our engagement in late 2012. Our continued assistance includes Wellness Compliance for screenings, scheduling vendors, creating communication flyers and printed banners to encourage employee attendance,and more. • Gehring Group's ACA experts have assisted the City in completing the annual 1094/1095-C forms as required under the Affordable Care Act effective for the calendar years 2015, 2016 and 2017. With our determined and deliberate approach to providing one on one assistance to our clients, we worked with the City's Payroll department, BenTek and the City's IRS reporting vendor, the file for imprt from BenTek into ATS, and Populate the applicable offe a cy, I de American Technology Solutions (ATS), to review the BenTek impo ort data file for actor prov codes for the City's review and approval. r' and "safe harbor' Through strategic planning involving plan design changes, onsite Health Center i rraemplementation, year loPer transitioning funding angemnts and wellness program,the City has realized a four- average overall the 2 /2015 lyear. reduction claims Per Empyee Month (PEPM) as well as a reduction in premium to date compared to 014Pan The services we provide include expert knowledge of the insurance industry and all available pand funding options, consistent monitoring of the program claims experierograms nce, review of contract langand the provision of budgetary projections and funding recommendations. Inhuage erent in this process is mark,eting and renewal analysis, the RFP and evaluation process, clinic consulting and management, recommendations to staff and assistance with compliance issues such as domestic partner and overage dependent imputed income administration and performing the annual 112.08 filing of actuarial soundness requirement. GEHRING (6) RO e 8 of 65 Additional provided services include benefits communication and graphics services, new hire and open enrollment assistance, assistance with claims and billing issues and legislative compliance including Health Care Reform. Inaddition, Your Gehring Group team is available on an ongoing basis for onsite meetings with Staff, health and wellness committees, union groups, City management and council members, the general employee Population. Our in-house graphics department is also available to design and proorduce various employee Communication pieces in addition to our annual Employee Benefits Highlights booklet and Wellness Program Brochure that is customized according to your benefitsoptions. Our compreh proposal Includes all services as outlined in the RFP. en eve In addition, our extensive public sector focus and expertise affords us the ability and experience to provide real time benchmarking studies and related case study comparatives for consideration. With a centralized, commissioned, our professionals serving our clients collaborate and negotiate a rather than decentralized analytics team, and benefits consultants who are sal ried, rather than experienced concurrent manner in order to achieve the most cost savings in aninformed and clients. and greatest results for our As the top producing brokers/consultants specializing only inserving Public sector entities throughout the state, our firm also has the distinct honor of participating in the agent advisory councils of some of the top carriers in the state include Florida Blue, CIGNA HealthCare and Humana. This provides us with considerable leverage during client negotiations. We have also received additional recognitions and have been named a Florida Blue BlueDlamoncl Producer, CIGNA HealthCare Platinum Broker and United Healthcare Gold Membership. These strong carrier relationships allow us to effectively negotiate and implement innovative and cost saving measures. We represent all carriers objectively and hold no oro wnership in any insurer or TPA,therefore, emphasizing our independent status. interest In summary,Gehring Group continues to meet and exceed the minimum requirements of the RFP including licensing and insurance requirements, and we are confident that we can continue to provide the City with additional value and exceptional services, our past success with the City and approach to the business, coupled with our extensive public sector experienceo familiarity with applicable regulations, relationships, and enthusiasm make us the broker of choice. market We thank the membeof the committee in advance for the review of our comprehensive response and stand rears selection dy to provide any additional required clarification upon review of this proposal's contents. Sincerely, Kurt G '—CEO Gehring Group`- (7) GEHRING CFO e R ,a e 9 of 65 Page 90 of 665 Tab 2@- Statement of Organization Respondent shall Provide the following information: A. Legal contracting name including any dba. The Gehring Group, Inc. B. State of organization or incorporation. Florida C. Ownership structure of Respa rtion,Cotion) ndent's any. (e.g.,Sole Proprietorship, Partnership, Limited Liability Coporaorpra S-Corporation D. Federal Identification Number. 65-0361295 E. Contact information for Respondents Corporate headquarters. Address: 4200 Northcorp Parkway,Ste. 185 City,State,Zip: Palm each Gardens, FL 33410 Phone: 561-626-6797 1800-244-3696 F. Contact information for Respondenes Local office(if any). Address: 4200 Northcorp Parkway,Ste. 185 Clip: Palm each Gardens, FL 33410 Phone: 561-626-6797 1800-244-3696 G. List of officers, owners and/or Partners, or managers of the firm. Include names, business addresse email addresses,and phone numbers. 31 10096 Owner: Kurt Gehring, CEO Address: 4200 Northcorp Parkway,Ste. 1 City;State,Zip: Palm each Gardens, FL 33410 Phone: 561-626-6797 1800-244-3696 Email: kurt.gehring@gehringgroup.com Officer: Kate Grangard, CPA, CFO Address: 4200 Northcorp Parkway,Ste, 185 City;State,Zip: Palm each Gardens, FL 33410 Phone: 561-626-6797 1800-244-3696 Email: kate.grangard@gehringgroup.com (a) W'GEHRING :&R 0 L ?, 0 9N— of 65 Officer: Cindy Thompson, VicePresiden — Aerations Address: 4200 ort corp Parkway,Ste. 185 City,State,ZIP: Palm each Gardens, FL 33410 Phone: 561-626-6797 1800-244-3696 Email: cindy.thompson@gehringgroup.com H. Any additional organizational information that Respondent wishes to supp to a ment organizational structure. ly ug its Gehring Group will supply any additional information regarding the organization structure as requests . Contact information for Respondent's Primary representative during this RFP process. Name: Cindy Thompson,VicePresident—Operations Phone: 561-626-6797 1800-244-3696 E-mail: cindy.thomPson@gehringgroup.com Address: 4200 Northcorp Parkway,Ste. 185 Clty�State,ZIP: Palm Beach Gardens, FL 33410 J. Contact Information for Respondent's Secondary representative during this RFP process. Name: Valerie nsinger, Contracts Administrator Phone: 561-626-6797 1800-244-3696 E-mail. Valerie.etisinger@gehringgroup.com Address. 4200 Northcorp Parkway,Ste. 185 CltV,State,ZIP.- Palm each Gardens, FL 33410 K. Briefly summarize any Potential conflicts of Interest, pending or current litigation nurelating to the nc htn tInvi performace of reqested financial advisory services.in which Respondent is a part to. Disclose any intion lI r ini circumstae were he coct of he Respondent Is being estgated or has had an adverse determaby any ega oadmstrative body. Gehring Group has no conflicts of interest and is not involved in any pending or current litigation relating to the performance of the requested services. In addition, neither the firm nor any of its employees is being or has been investigated or had an adverse determination by any legal or administrative body. Provide details of any ownership changes to Respondent's organization in the past ree years ochanges lip) anticipated within six monthr ths of the Due Date and Time(e.g.,mergers,acquisitions,changes In executive eadersh . There has been no changes in ownership or corporate officers in the past threeyears changes anticipated within the next six months. , nor are any (a) mGEHRING- R 0 17J 0 V2 of ej of 65 Page 93 of 665 Tab I Minimum Qualifications Each respondent shall submit Information sit and documentation requested that ofirmmeets the following quBlIcn tion requirement(s): 1. Must be registered with the State of Florida,Division Of corporations to do business In Florida. Gehring Group is a Florida corporation, incorporated in 1992. 2. Must be licensed as required by the Florida Department of Financial Services,Division of Insuran aLicence Agent r l and Agency Services s a sed General Lines (2-20) Agent, Life (2-14) Agent, Health & Life (2-15) Agent,and/oHeath Agent(2-40)who Is appointed to represent one or more insurers. Provide B Copy Of Proposer's Insurance license issued by the Florida Department of Financial Services. The following includes a copy of Gehring Group's agency license as well as copies of the individual insurance licenses held by each member of the City's Proposed service team: Agency License: KAMIENT of FINAIVC,,4L St G U- CYROM rric 4=Na'aVCM MUWAY TrE W PALM BEAMIGARMM FL g5o36-j-.e; AgerxY License Number L088691 L—t-Mff*,W-.1 219 OU 05:k-2014 naAffim7L.M. 17.A,M, FmVr=Chup OfA lagaw AndApp. ?MUM TO Irl L* (4%P' saWjA LYWhA8=7L,, M,, ft'OILI—WLAMmm7lo,vitnItCkmlyMd*TQAMFCM bm DhpUYTjzLOMW kn,�O'Pk.W C),Mzmr Who ZOMnxAgmcyLO14bM& chbrfivatw. Office, — —-------- (10) GEHRING Fr �f (35 Individual Licenses: Senior Benefits Consultant ........ ............. ......... Dustin Kuehn '-01"DA DEPARTMENT OF FINANCL&L SERVICZ8 imsUFAMes License 0021,5 Ur-F,fW-L VAR ANNUI'7'y'a HEAY,,T�q Issue Date ............ ... ....... Benefits Consultant ---------- Melissa MorleV ELORIDA DE PAZ OF MANGLAL SERVICES msm'SA MORU7 "pum Ida l�EMINIVAUS LICalme *0215-LIFE INCA.VAR ANNUrN a H&WITI 17 Issue Date ............ Senior Account Manager Paige Pavlick FLORWA DEPAR-nRINT OF FINANCL4L SERVICES PAIGE PA;ZrCK L1rmvrmmwjwr, I Resident IneutIfflnee Lkenw, Issue Date 9021E LFE NCL VAR ANNuqTy& HEALTH' ov.220,16 as'GEHRING AND (6% of k5 Employee Benefits Analyst Marc Rodriguez MUCAOMEGMEZ I Ag M•S�:��1�e3 9� CED - Kurt GehringFLORID-IL ` A j L SEMCES AT-WEVOEL C,,EHRWG ft"ttM1"t 1"Sur8nee Cr o w knue Date aC1 2S 8 JAP'L U6 lu fl,qas `-%14 L?FE INCL%1AR L,E irY m 9 S LFE NOL VAR ANN,lt"Ey&H&ACTH"166 LEGAL EXPEk,8i a 00218.UFE& EA 7 , W *G21'6-LiF 11:29,1989, I I/Zee1, bi •L(utkatP �S�ar _.. dnxx,trPra,�.:u' 3• Must disclose any Insurance license complaints for the last five CSl Yea supporting documentation. , or, If none, u I Gehring Group is pleased to state that there V n no insurance license complaints for the last five years or prior. Please refer to GehringGroup's Letter Of Financial rvic s includeCertfbelow. ► n from theFlorida (12) GEHRING of 65 11 CHIEF r7NANCIAL GFF"QR, JIMMY PATRC.)NIS WONG,GROUP,R;C� 04"11.1240�1 81' 4200NIORn, o pA3knWAy STE, 185 PAL%"BEACHC%kMENS FL 65036-12955 COULNGGROLM,INC L08864.1 Ile above n=ed mym1kjF hakk,a Ice=f of Me f 011OvmW lne((,C'f ttMmr LicenWe. 2145AGLNCYU,,,r,,LNSECUr.':�LogS60�) Wned. 0511402014 AppWater 11,o Ibm hcme dwa DO mme muftmg e&=tjca kcw-Mr hu Vik&dl for teabow Igleta)If 1111,,, exxience, NO PMOO maY ad as,advftze,of,hold himsqrcl hemlf 01,Tt Imies he or,she =W n C= ,,CeL to be,au 1M Truce agma,or, 4"infin enaty or pemm md,�YawdeMtMW wd APPOia*d ky an appAV,-jzje =' xXc-e-aqmc"'!�Ocnon 1=32CT ivance Ln the liae'5 of b", 'IrL, 2na aioiwed to fnwa-c "mes;tl-!ai Ifs ntInTIZ ENDOFLErLM L"CM�SE WOMAnONT MALL APPE,M BEW141'rM LM -qzm Welk Tiff .......... . . ........................... G E H R I N G of 65 u have at least ten(10)years of experience In Providing health insurance consultant services for fully insured health plans and self-insured health plans In the Florida Public/Private Sector Group Insurance market. Preference will be given to those Individuals demonstrating In depth experience with comprehensive wellness programs and onsite clinic Implementation. Gehring Group has been providing expert employee benefits consulting services to Florida public sector entities for over 25 years and has grown to become one of the most respected insurance and risk management consulting agencies in the state. Furthermore, Gehring Group has serviced over 30 of our public sector clients for over ten years. Our clients have successfully implemented leading edge concepts such as Consumer Directed Health Plans, Onsite Clinicsand nnovative We ness Prog ms Our team members are Pioneers with regard to oeliness c nsite clinic/1 11 ra spearheading the RFP and implementation process for over 20 clients, any of which integrate wellness initiatives with the healthcare and screening services provided through the clinic. Gehring Group holds a strong commitment to hiring talented high caliber professionals for our team and remaining on the cutting edge of industry innovation. Such strategic hires nc ude former risk management personnel with public sector experience as well as former insuranc 1 1 with significant client service and underwriting experience. We also have form e carrier personnel underwriters, who bring their significant experience and expertise into the ne er insurance carrier renewals and rates, to the direct benefit of our clients gotiation of carrier properly licensed and remain in compliance with all conAll All personnel who interact with client s are inuing education requirements, S. Must have provided benefits consulting services to a minimum of three (3) Florida publics or groups with a minimum of 350 employees. Provide a list of all such clients and the time period of each engagement. Gehri I ng Group currently serves the following clients who each have more than 350 employees: Cape Coral, City of Charlotte County BOCC 10/3/2011 Citrus County BOCc 9/26/2000 Clearwater, City of 3/24/2009 Clerk&Comptroller, Palm Beach County 5/1/2001 Cocoa, City of 10/1/2002 Coral Springs, City of 10/1/2012 Deerfield Beach, City of 2/15/2017 Delray each,City of 8/1/2015 Hernando County BOCc 3/1/2015 Hollywood, City of 4/13/2011 Key West, City of 11/18/2014 Lake Worth, City of 6/21/2001 Lee County Sheriff Office 4/18/2017 Margate,City of 11/15/2015 Martin County BOCc 9/19/2012 2/21/2001 (1 4) GEHRING of 065 I A Martin County School District 8/16/2004 Martin County Sheriff's Office Naples, Ity of 10/1/2008 North Port, city of 5/5/2010 Osceola County Sheriff's Office 3/23/2017 Palm Bay, City of 5/17/2011 Palm each County Sheriff's Office 4/23/2015 Pinellas Suncoast Transit Authority 11/1/1992 Port St. Lucie, City of 5/1/2013 Sarasota County Sheriff's Office 7/12/2011 Solid Waste Authority of Pa'Im each County 3/2/2010 of Florida Water Management District 5/8/1995 Southwest Florida Water Management District 5/22/2017 St. Lucie County Sheriff's is 7/11/2014 Government of the US Virgin Islands 3/25/2013 Virgin Islands Water& Power Authority 6/29/2017 West Palm each, City of 1/16/2018 4/28/1998 6. Principal place of business must be physically located In the Broward, Palm each Coun Miami-Dade, Martin County, or Bty area for a minimum of six(6)years. Gehring Group's corporate headquarters and main servicing office to the City has been located in Palm Beach County, FL for over 25 years. OGEHRING 16b of d65 w m Page 100 of 665 Tab 4 Qualifications of Firm/Assigned Staff Provide a list of current clients and the carriers utilized. In addition, IlIncenrr Provide the amount of any COMMssons/ tive the Contactoreceives from the carrier. A. QUALIFICATIONS OF THE FIRM 1. Provide a brief history of the firm. services to Florida Public sector clients for over 25 years and has grown to become one of the Incorporated in 1992, Gehring Group has been providing expert employee benefits consu t ng st respected insurance and risk management consulting agencies in the state. Since incorporation in mo 1992, Gehring Group has experienced consistent growth year over year in staff and number of clients. Under the guidance and visionary leadership of Kurt Gehring, CEO Gehring Group clients have successfully implemented leading edge concepts such as Consumer'Directed Health Plans, Onsite Clinics and Innovative lin ss Programs. With expertise in all lines of coverage,the various funding arrangements and cutting edge, innovative cost saving solutions,our team can provide the City with various options and solutions to counter the increasing cost of health care. Inaddition, Gehring Group developed en k, an internet based employee benefits administration system in order to meet the growing benefit administration needs of its clients. Gehring Group currently employs over 60 full-time staff members and continues to specialize in serving the public sector. SenTek employs over 20 service staff and software developers. Inaddition to expert level benefits consulting services, we are also known for the value-added services that we provide to our clients including: • Affordable Care Act Consulting • Employee Advocacy Services • Custom Graphics and Employee Communications Division • Actuarial Services(via subcontracted resource) • Wellness Program Consulting • Employee Health Center(Clinic) Consulting 0 Human Resources and Compliance Resources a Online Enrollment& Benefits Administration (BenTek*) Kurt Gehring remains 100% owner of the firm; therefore, decisions can be made quickly without the layers and red tape inherent in other firms. Gehring Group's philosophy is to provide a full range of superior brokerage and consulting services to each of our clients. innovatv Proactive approach to continuously enhance the quality of our perfo s- Wetaken I e, or level beyond industry standards by providing an unparalleled service philosophy and a dedication to protecting the financial assets of our clients. Gehring Group's team of experts strives to become a collaborating partner in accomplishing each client's desired goals by developing long w diligently to produce Positive results. Our goal is for our clients to realizterm strategiese real dollar savand iorking ngs, experiencing greater employee satisfaction through increased commuication and navallabi of benefits information. lity while =7GEHRING 2 R 0 U 2 1 of 665 2. Respondents must Provide a list of all lawsuits In which the firm has r( I ihbeen named as a party in the Past fou4)years ag wth te status of the lawsuit. Gehring Group is pleased to state that the firm has not been named as aparty in lawsu the Past four years or prior to that. any its for ® Demonstrate the Firm's experience with Public Ent! EMPI e Benefit P rams In the State of Florida. (The degree Of Past experience of the Pro tV OVe rog benefit plans will be a Primary evaluation criterion.) Posing firm and consultant with public r Gehring Group has focused on servicing Public sector entities for over 25 years;therefore,ou has accumulated a vast amount of or experience relevant to that necessary to serve tr firm he needs of the City. Gehring Group's successful experience with public sector entities is further evidenced by the number of current public sector clients provided herein. Since Gehring Group's client base consists of public entities, our firm is uniquely qualified in Its understanding of Public eni tity issues. We understand the bid process and public record laws while maintaining knowledge of the constantly changing and complex Statutes that apply to governmental organizations. This specialized knowledge is especially vital netiating renewals and program changes with insurance carriers, Florida insurance trusts, and health when go insurance consortlums. We have access to benchmark information and are famillarwith the Florida insurance market as a whole. Additionally, our staff has extensive experience with evaluating, implementing and servicing all types of programs that include Health Savings AccountsAccounts (HRA), Consumer Driven Health Plans (CDHP), and Cafeteria Plans.Health ThroReimbursement ugh our knowledge and expertise, Gehring Group is able to aid clients in determining which plans represent viable options in order to assist management in making informed decisions regarding new concepts and identifying benefit programs that are in the best interest of their organization and membership. We work with the City to ensure that all union and benefit obligations have been considered throughout any RFP, evaluation and implementation process, and that the resulting contracts conform with the City's obligations under any union agreements. During Gehring Group's tenured experience, we have assisted our clients through a variety of plan and funding changes, recentl transitioning the City itself to a minimum premium arrangement in order to take vansadytge of the savings associated with integrating the City's Wellness Program with the services provided by the Employee Health Center resulting in increased return on investment year over year. Gehring Group is well respected as a forward thinking consultant. Not only were we one of first brokers to implement HRA's and HSA's ata public sector entity; we have substantithe al ons clinic experience, independently advising on, and Implementing various onsite/near-site heaite lth center models. We have also assisted numerous clients in evaluating various benefits technology tools such as online open enrollment and benefits eligibility and administration systems. We also support our clients in our role as advisor in the face of health carer for the recent legislation issued by the new administration. We have assisted, and continue to assist our clients through the compliance steps mandated by the Acts. We routinely guide our clients with Phance and prep., compliance and preparing financially in anticipation of legislative regulations. During this time of (f 7) rpms G E H R I N G rd- $9 2 0 ,665 legislative change, Gehring Group has taken on the role of becoming and educational resource our clients by consistently hosting informative seminars and webinars On relevant topics. for Gehring Group has proven to be invaluable in assisting clients to control spiraling benefit costs. We continually ensure clients are up to date and informed on the latest market recommend that our clients make employee benefits management a strategic int tierg nds.by defininWeg objectives and developing an action plan based on meeting those objectives and ensuring an organized, complete approach to fulfilling our clients' benefits and budget needs. 4. Firm must have demonstrated experience with the evaluation and implementation of onsite employee medical clinics and comprehensive wellness Initiatives. Describe experience (Maximum three pages,double-spaced, 12-point type.) Experience with Onsite Clinics Gehring Group's clinic consulting experience is vast and includes assisting over 20 clients, including the City of Boynton Beach, in making the decision of whether to open an on-site health clinic. This process includes conducting a feasibility analysis to determine if our clients can take advantage of the Potential cost saving benefits of opening an on-site or near-site clinic® By shifting costs from the medical plan to the clinics, many groups have been better able to manage specific areas of claims costs such as prescription drugs and preventive care visits,while providing additional access to medical care to their employees and their dependents at a lower cost. It is important to note that Gehring Group has no tie to any specific clinic provider, receives no compensation from ANY clinic vendor, and can therefore offer a completely unbiased recommendation based on which proposal best meets then s of each group. Gehring Group's first priority is to meet with staff to determine the goals theyare trying to achieve by operating an employee health center. As a part of this process Gehring Group reviews the programs and services that are envisioned in the operations of the clinic. This discussion includes considerations for medical services, staffing; equipment, facility type and location, willtion ispensing, and whether occupational medicine or worker's compensationsericebe provided. Other relevant discussion items include incentives for clinic use such as lower or no copays, integration of any wellness programs, and the availability of free generic prescriptions. Based on our experience with onsite clinic implementations, Your Gehring Group team is able to facilitate these discussions and cover topics that may not have been otherwise discussed in the planning stage. ti ) EGEHRING nd r 3 of 665 Some of the clients for whom our team performed a feasibility analysis, coordinated 7the RFP process, conducted the entire bid evaluation and finalist interview through to the implementation Process include the Charlotte County BOCC,Palm Beach County Sherif s ce C )f Cl r t r, f Offl , itY of Clearwater, f 1 . City of West Palm Beach, City Of Cocoa each, City of Dunedin, Martin County Sheriffs Office and City Of Port St. Lucie. Experience with Implementing Wellness PrORMS&Initiatives Gehring Group has assisted a number of clients in implementing a structured wellnessprogram with the goal of encouraging employees toward a culture of weliness. We are available to assist our clients in developing a concrete wellness strategy with written goals and are there each step of the way. Gehring Group coordinates services between carriers, health and weflness vendors and the client to facili ,tate the delivery of appropriate and coordinated health management and care management services through various outlets including clinics, educational seminars, management programs offered through the carrier, carrier resources, programs developed by the Gehring Group wellness team,and health improvement wellness challenge platform vendors. our Weliness Coordinators have knowledge of various effective wellness vendors and can provide you with an overview of the various services that may be in Your best interest as there are any aspects of a wellness program to take into consideration in the early stages of development of theprogram in order to obtain measurable results. These include: • Obtaining results through periodic health risk assessments and screenings; structured and non-structured activities provided by internal and external resources; • Providing incentive programs to encourage and sustain Participation; • Attaining support of management in order toeffectively communicate and encourage participation; an• d Determining the budget forth program. The simplest of Wellness Programs can cost next to nothing, however,Wellness Programs in which health risk assessments and blometric screenings are conducted for the entire e mployee Population and measured throughout several plan years can incur substantial cost to the group. For many of our clients who may not have a "wellness budget' per se, Gehring Group has been successful in negotiating "wellness funds" from various health insurance carriers inclusive with GEHRING 4 of 665 their renewal proposals as experienced by the City of Boynton Beach, Gehring Group successfully negotiated over$1so,000 of wellness funds during the past fourears from the City's current health insurance provider to fund the City's wellness initiatives. Another strategy Gehring Group has employed is to enlist the client's EAP provider or health insurance carrier to provide more extensive disease management and educational wellness seminars. We have also assisted some of our larger clients in the implementation of a comprehensive wellness plan that includes incentives for lifestyle changes such as weight loss, smoking cessation, lowering their cholesterol, exercise, etc. Planning and Launching a Comprehensive Weliness Prognarn The City Of Boynton Beach is just one example of our experience In the initiation and rollout of a structured Wellness Program. Our Welfriess team has also implemented structured and aggressive wellness programs at other public entities such as the City of Naples, City of Clearwater, Charlotte County BOCC, City Of Pont St. Lucie and City of West Palm Beach to name a few. Coor® by Gehring Group's Wellness Coordinator, Stephanie Morris, the City's Boynton each B.O.D.s. (Bettering OurDailySelves)campaign kicked off in early 2017. The program began with a meeting with the City's HR Director and staff to discuss the mission and direction for the wellness initiative, thus beginning the process of working with the City to create a comprehensive, cost effective wellness program. To accomplish this task, Gehring was able tonegotiate Wellness funds from the City's health insurance carrier to help develop the program. From there,we worked with the City brand the Program through a "Name that Campaign" contest to brand the program and encourage employees to initially engage in the Process and feel a sense of ownership in the program. The next step was to set up a wellness committee to help strategize, communicate information to employees, and develop educational programs. Gehring Group's wellness services for the City of Boynton Beach also includes conducting employee interest and satisfaction surveys, serving on the City's Wellness Committee and strategizing with wellness committee members during bi- monthly meetings, launching incentives for completing biometric screenings and health assessments at the Employee Health Center, Planning and communicating wellness challenges and campaigns with e-blasts and flyers created by Gehring Group's graphics department, planning and (20) - GEHRING Cw'j, 4�tH 111 NG.� W B SPA5 c 665 coordinating employee health and wellness fairs and assisting with the Planning and budgeting of wellness funds. List all Florida public and private sector clients for whom Your firm has prtwided services. ProWde: 0 Types of employee benefit plan services 0 Date contract began 0 Date contract ended. If services are on-golng;so state. Gehring Group has provided or is currently providing comprehensive employee benefits consulting services forall lines of employee benefits coverage to the following clients within thePast 10 ears, (Data beyond 10 years past the contract end date has been archived.) y Arc of Palm Beach County Arcadia,City of 9/15/2017 contract ongoing Baca Raton,City of 9/29/2000 9/30/2012 Boynton each,city of 9/30/2007 9/30/2012 Brooksville,City of 1/1/2013 10/1/2018 Cape Coral Professional Fire Fighters HIT 10/1/2007 contract ongoing Cape Coral,City of 11/5/2015 contract ongoing Career Source Palm each County 10/3/2011 12/31/2022 Charlotte County BOCC 10/1/2007 contract ongoing Children's Services Council of PBC 9/26/2000 contract ongoing Citrus County BOCC 4/6/2005 9/30/2020 Clearwater,City of 3/24/2009 11/30/2019 Clerk&Comptroller, PBC 5/1/2001 contract ongoing Cocoa Beach,city of 10/1/2002 9/30/2021 Cocoa,City of 7/21/2016 4/1/2022 Coconut Creek,City of 10/1/2012 6/11/2019 Cooper City,City of 6/1/2010 2/28/2022 Coral Springs,City of 4/1/2009 9/30/2009 Dania each,City of 2/15/2017 2/14/2023 Deerfield each,City of 5/30/2013 contract ongoing Delray each,City of 38/1/2015./1/2015 6/3012020 Dunedin,City of 2/24/2021 Estero Fire Rescue 4/1/2004 contract ongoing Estero,Village of 7/12/2016 contract ongoing Eustis,city Of 7/14/2016 contract ongoing Faith Farm Ministries 6/26/2009 12/31/2oog Fells ere,City of 9/2/2008 contract ongoing Florida Keys Aqueduct Authority 3/13/1997 contract ongoing Fort Pierce,City of 4/28/2006 3/31/2019 Hernando County BocC 11/13/2009 6/1/2011 4/13/2011 4/12/202.1 (21) GEHRING �N%6 of 665 Hollywood,City'of 11/18/2014 Indian River County BOCC 7/1/2010 7/27/2020 Indian Trail 'Improvement District 8/25/2017 9/30/2017 Islamorada,Village of Islands 8/31/2022 Juno each,Town of 10/1/2012 contract ongoing Jupiter Island,Town of 8/18/2003 contract ongoing Jupiter,Town of 6/6/2009 contract ongoing 1/ 31/2 Key West Hospice,Visiting urns 1/ 2009 / 018 es Assn. 10/28/2009 Key West Housing Authority 7/16/200.9 9/4/2015 Key West,City of contract ongoing Keys Energy Services 6/21/2001 contract ongoing Lake Mary,city of 8/30/2010 8/30/2020 Lake Park,Town of 4/18/2013 4/18/2016 Lake Worth,City of 5/10/1994 contract ongoing Lakeland Area Mass Transit District 4/18/2017 contract ongoing Lantana,Town of 3/18/20()9 7/2/2016 Lee County Sheriff Office 6/28/2004 12/31/2011 Lighthouse Point,City of 11/15/2015 contract ongoing Loxahatchee River District 5/11/2011 6/30/2022 Manalapan,Town of 8/1/2009 contract ongoing Marco Island,city of 9/27/2006 contract ongoing Margate,City of 7/5/2011 contract ongoing Martin County BOCc 9/19/2012 9/1/2023 Martin County School District 2/21/20o1 contract ongoing Martin County Sheriff's Office 8/16/2004 6/30/2021 Melbourne,City of 10/1/2008 contract ongoing Miram8/1/2015 ar,City of 9/30/2017 Naples,City of 4/4/2012 12/31/2017 North Palm each,Village of 5/5/2010 9/30/2020 North Port,city of 6/8/2006 contract ongoing Oakland Park,City of 3/23/2017 3/28/2023 Okeechobee BOCC 7/7/2011 7/7/2024 Oldsmar, City of 6/30/2010 10/1/2010 Osceola County Clerk of Court 8/1/2008 contract ongoing Osceola County Sherifrs Office 7/21/2011 12/31/2013 Oviedo,City of 5/17/2011 9/30/2020 Palm Bay,City of 4/1/2012 contract ongoing Palm each County Expositions,Inc. 4/23/2015 4/30/2020 Palm each County Health Care District3/4/2014 contract ongoing Palm each County SOf herJfrs ice 3/29/2004 9/2/2010 Palm Harbor Fire Rescue 11/1/1992 9/30/2023 Palm Springs,Village of 11/10/2015 contract ongoing Parkland,City of 11/5/2014 4/1/2022 Pasco County Clerk 5/1/2012 9/30/2023 4 9/ 1/20 3,/20ing 22 23 Pinellas Suncoast Fire and Rescue 3/1/2017 contract ongoing 11/22/2011 contract ongoing (22) 0 GEHRING EHR I' 7 of 665 Pinellas SuncOast Transit Authority 5 2013 Port Richey,City of 1/20/2010 7/31/2018 Port St. Lucie,City of 7/12/2011 B/15/2017 Rockledge,City of contract ongoing Royal Palm each,Village of 9/4/2012 contract ongoing Sanibel,City Of 11/11/1993 contract ongoing Sarasota County BOCC 2003 contract ongoing Sarasota County Sheriffs:Office 10/1/2017 10/20/2022 Sarasota,City of 3/2/2010 contract ongoing Satellite each,city of 6/26/2009 6/26/2016 Seacoast Utility Authority 7/22/2013 7/22/2018 Sebastian,City of 1993 5/16/2019 Solid Waste Authority Of Palm each County 5/25/1999 contract ongoing South Florida Water'Managernent District5/8/1995 6/11/2020 Southern Manatee Fire Rescue District 5/22/2017 6/30/2022 Southwest Florida Water arta en District 2/16/2016 contract ongoin Offig St. Lucie County Sheriffs ice 7/11/2014 6/30/2022 Stuart,City of 3/25/2013 contract ongoing Tampa Bay Water Authority 7/1/2003 contract ongoing /1/2015 Tax Collector, Palm each County 8 7/6/2024 Ten-8 Fire Equipment, Inc. 8/15/2007 contract ongoing Tequesta,Village of 5/1/2017 contract ongoing US Virgin Islands,Government of 5/1/2009 contract ongoing US Water Services Corporation 6/28/2017 6/30/2020 Vero each,City of 3/1/2014 contract ongoing Virgin Islands Water&Power Authority 6/2/2003 9/30/2012 Wellington,Village of 1/16/2018 1/16/2019 West Palm each,City of 3/23/2000 7/31/2024 4/28/199S 1/31/2023 G GEHRING EHRI.No %8 of 665 B. QUALIFICATIONS OF ASSIGNED STAFF 1, Provide an organizational chart of the key n . Inlupersonnel assigned to the contract, Including senior maagementcde the amount of involvement Of staff expressed as a percentage of time. r hrinroue resource. Each team includes a Senior Benefits Consultant, a Benefits Consultant, three account Geg Gp employs a team approach to ensure that all clients always have an available managers, two employee benefits analysts, wellness coordinator and various support staff. Your dedicated Consultant and Account Managerare available for all on-site meetings and take an active role in the servicing Of all aspects of Your group. In addition to yours nior Account Manager, our clients are also assigned an Internal Client Service Specialist whos ryes asan employee advocate and additional resource for questions and claim issues. These professionals, along with an easily accessed upper management staff and our corporate philosophy regarding our team approach, provides assurance that our clients have access to experienced professionals who are aware of, or can easily access their files, to provide resolution and answers at all times. Gehring Group's standard is to return a call promptly,generally within the same day; however,our clients enjoy the ability to always get a message to their service team who may be out of the office either through their cell phones or our administrative assistants. Gehring Group's service team consists of highly qualified personnel whose resumes include years of consulting for and servicing public sector clients. The service team proposed includes the following personnel- 0 Executive Staff: Kurt Gehring 0 Senior Benefits Consultant: Dustin Kuehn 0 Benefits Consultant: Melissa Morley ® Senior Account Manager: Paige Pavlick 8 Senior Employee Benefits Analyst: Marc Rodriguez 0 Wefins s Coordinator:Stephanie Morris We hold a strong commitment to hiring talented high caliber professionals for our team remaining on the cutting edge of industry innovation. Such strategic hires iand nclude former risk management personnel with public sector experience as well as former insurance carrier personnel with significant clients rvic nd underwriting experience. We also have former insurance carrier underwriters, who bring their significant experience and expertise into the negotiation of carrier renewals and rates,to the direct benefit of our clients. Our service team organizational structure and team who will manage the project is represented as follows- (24) GEHRING ,d(PEHR �r rd (P W69 of 665 i 1 Bfidrup i4,tj consurcant Melft"Marley q! e gadwp Ac�.Sount Manager Badelp Beni We e anticipate City,s involVernent with GehringGroup ill be as follows.. Staff InVOIVement with Cityi me 15 Senior Benefits Consultant 1 g. 10 Employee Benefits Analyst Senior Account Manager o In-House li nt Service Speciallsis Ila Coordinator Additional Staff Resources - ( ' R2 GEHRING - 0 0f 665 F7� Employee Benefits Consulting Team Resumes ild, afy Cons; Dustin Kuehn,Senior Benefit Consultant Professional Licenses: Life,Health&Variable Annuity Education: Florida State University Degree. B.S. Finance Industry Tenure:10 years Years with Gehring Group:7 years Offlice Location: Palm Beach Gardens, FL Responsibilities: A resident of the City of Boynton Beach, Dustin Kuehn will continue to serve as the City's Senior Benefits Consultant, a role in which he will spearhead strategic and budget Planning as it relates to the City's employee benefits program, making recommendations as necessary and providing guidance with regard to compliance with health care reform and otherState and Federal legislation. He will be available as needed for meetings with decision makers and is available to make presentations to executive staff, employee committees and City Council as requested. Qualifications. Dustin Kuehn earned a Bachelor of Science Degree in Finance, Magna Cum Laude from Florida State University. After working for a national insurance company for several years, Dustin joined the Gehring Group as a member of the Analytical Services Department in early 2011,where he immediately contributed to the team and earned our clients' confidence, developing strong client and vendor relationships. In Gehring Group's Analytical Services Department, Dustin focused on public sector benefit programs, working on Projects ranging from developing RFP's, compliance during the RFP process, evaluating various funding arrangements and program options,and providing detailed analysis of Proposal responses. He was the key liaison between the Lead Consultant, the client and the insurance carrier throughout the negotiation process. His industry expertise includes comprehensive knowledge of the various health plan funding arrangements including fully insured, self-insured and minimum premium programs as well as experience evaluating numerous carrier proposals for all lines of care and ancillary employee benefits coverage. In his current role as Senior Benefits Consultant, Dustin brings a creative approach as well as a comprehensive level of experience working with public sector employee benefits programs. Guiding his implemented various all, S S ull clients through the strategic planning Process, he has advised groups large and sm. ucce sf y cost savings strategies such as onsite employee health clinics, various types of wellness initiatives and participates in several client employee benefits committees. Dustin's knowledge and detail oriented analytical skills have proven to be a valuable asset to our team and the clients he serves. Public Sector Experience: Dustin's extensive experience includes employee benefits consulting for such large public sector employers as the City Of Port St. Lucie, City of Cape Coral, Martin County Sheriffs Office, St. Lucie County Sheriff's Office, Loxahatchee River District, Southwest Florida Water Management District and the Solid Waste Authority of Palm Beach County. (27) G E H R I N G 665 2 QQ ndrof Pdre,,,ar Paige PavIlcl;Senior Account Manager Professional Licenses. Life,Health&Variable Annuity Education: St.Joseph's College, Patchogue, NY Degree: B.S.,Health Administration Industry Tenure:30 years Years with Gehring Group:3 years Office Location:Palm Beach Gardens, FL Responsibilities. Paige Pavlick will continue to serve as the City's primary Account Manager, assisting City staff and its employees with their day-to-day benefits related issues. She will be a direct contact regarding all service aspects of the benefits program including implementation, open enrollment, employee claim issues, and various compliance issues, Qualiflcations.- Paige will serve as the day-to-day contact to the City for all employee benefits service issues. Paige will have direct responsibility for coordinating and conducting open enrollments, providing claims assistance, coordinating wellness fairs, providing assistance with billing and carrier issues, and acting as a service resource to her clients. She is supported by several other Gehring Group staff members including other account managers, in-house account services specialists and analytical staff to ensure all client needs are met promptly. As a Senior Account Manager for Gehring Group based Out of our Palm Beach Gardens office, Paige brings 30 years of insurance industry experience having served in a number of professional roles. Paige's career has included insurance product salesg employee benefits, broker account management, team management, regulatory compliance and health care reform education. Paige has worked in the benefits brokerage arena as well as the health Insurance company arena. At Gehring Group, Paige plays a Pivotal role in building and maintaining strong relationships with clients and insurance carriers. Paige's expertise and experience enables her to work very effectively and independently with clients with complex employee benefit programs consisting of group medical, dental, life, vision, pharmacy management, disability, and workplace benefits. In this professional Position, Paige works with clients and insurance carriers to implement insurance programs, resolve benefit administration Issues and deliver ongoing superior customer service. Additionally, Paige proactively identifies areas of Potential concern during the implementation process and strategically manages obstacles. Paige also prepares all aspects of clients' open enrollments which may include establishing open enrollment formats and schedules,coordinating carriers'attendance,developing and conducting presentations to clients'employees and working with the in-house graphics team to create employee communication materials. Paige's responsibilities also include providing thorough benefits education to clients' staff as necessary throughout the year. She continually and expertly guides clients through the strategic development and implementation of wellness program initiatives. Paige also anticipates and supports clients' needs regarding issues Of compliance, legislation, health care reform and due diligence. Paige efficiently resolves client issues relative to escalated billing and eligibility, complex claims, high-level appeals, benefit Lverifications, medical procedure authorizations and other ongoing Plan administration complexities. (29) W.GEHRING 1P �94 of 665 F- .. 7.. . Additional Staff Resources Kurt Gehring,CEO Pi"Ofesslonal Licenses: Life,Health&Variable Annuity,General Lines Property&Casualty;Surplus Lines Education: Florida State University Degree., BA—Marketing Industry Tenure:30 years Years with Gehring Group:25 years Kurt Gehring is an alumnus of Florida State University and currently serves on FSU's College of Business Board of Governors. An insurance industry veteran with over 25 years' experience, Kurt is an insurance expert licensed in Health, Life, and Variable Annuities, Property and Casualty Insurance, and Surplus Lines License. Kurt has successfully recommended, implemented, and serviced various types of employee benefit, workers' compensation and Property and casualty insurance programs, while specializing in the communication skills, Kurt has been a featured speaker at various conferences on a vari s i large group market. Recognized for his extensive knowledge, expertise as well a h s excellent topics. etY of insurance Kurt founded the Gehring Group with the mission of providing clients the highest level of service,exceeding not only industry standards, but also client expectations. Recognizing the inherent challenges in servicing organizations with a large number of employees, various contracting Parties, and various insurance obligations, the Gehring Group utilizes a unique, team-based approach customized to meet the specific needs of each client. Each Gehring Group employee makes an unprecedented effort to address each situation both promptly and effectively. The success of the Gehring Group is a direct result of this promised and delivered, unparalleled service standard. Under the guidance and visionary leadership of Kurt Gehring, Gehring Group clients have successfully implemented leading edge concepts such as Consumer Directed Health Plans,Onsite Clinics and Innovative Welfness Programs. In addition, the Gehring Group developed BenTek", an internet based employee benefits administration system in order to meet the growing benefit administration needs Of its clients. This system allows clients to conduct internet enrollments, transmit electronic eligibility to insurance carriers, and provides employees with access to an "Employee Benefits Center" help site. The Gehring Group's growth and success in maintaining long lasting client relationships is a re I its commitment to personalized service to its clients as an independent resource, facilitat su t of strong advisor. or, advocate, and Kate Grangard,CPA,Chief Financial Officer Professional Licenses.Certified Public Accountant,Certified Health Care Reform Specialist Honors. Board Member—The Lord's Place;2016 Class of"Leadership Florida" Education. Fordharn University Degree: BS—Business Administration, Public Accounting Industry Tenure*25 years Years with Gehring Group: 12 years Kate Grangard graduated with honors from Fordham University in 1987 with a B.S. degree in Business Administration with a concentration in Public Accounting. She is a licensed Certified Public Accountant in LFlorida, and has also held licensure in New York. Kate is a member of the American Institute of Certified (a2) CMOs GEH RING (ORQUA 7 o 665 Consultant, experience with two national insurance carriers, owning and operating a third-party - providing analysis of benefit plans and claims utilization, oversight firm. Her responsibilities have included I ro rag administration company, and experience as Director of Account Management with a nationa b ke e of the RFP and evaluation process, management of various funding arrangements, coordination of open enrollments and health fairs, and the handling of escalated member issues and billing reconciliation. Licensed in 26 states,she has also serviced such large employers as IBM and FPL where she r rod k_p e e r a a s 1 y e r ght of op en bil I ng r _ ie.e Ishe managed several MuJtj-state employee benefit programs, performed health insurance claim audits and I assisted with the completion of required Form 5500's. Her expertise in compliance issues,state and federal regulations also make her a valuable asset the Gehring Group team and the clients she serves. In addition, Anna Maria brings invaluable insight and experience from her employment experience with two national health insurance carriers. Her years at these carriers enabled her to gain special expertise regarding the inner workings of an insurance carrier and provided the opportunity for the establishment of significant industry relationships. As Senior Benefits Consultant and resource to your Gehring Group service team,Anna Maria is responsible for overseeing all aspects of client service and technical analysis to ensure delivery of the highest level of service with the ultimate goal of achieving both client and member satisfaction.She is supported by several other Gehring Group staff members Including account managers, benefits specialists and analytical staff. Anna Maria's experience at Gehring Group includes servicing clients from 50 to 3,500 employees to whom she brings the experience and knowledge to lead each client in its effort of maintaining a cost effective program. Some of these clients include the Martin County School District (3,000+ employees), Martin County Sheriffs office (600+ employees), St. Lucie County Sheriffs Office (550+ employees), City of Cape Coral (1,600+employees) and the Citrus County BOCC(BOG+employees),to name a few. Senior Benefit Consultant. Christian Bergstrom,CHRS Professional Licenses: Life, Health&Variable Annuity,General Lines Property&Casualty Certifications:Certifled Healthcare Reform Specialist Carrier Recognitions: Cigna Agent Advisory Council, Florida Blue Agent Advisory Council Education. University of Texas Degree. B.S., Public Administration Industry Tenure:17 years Years with Gehring Group: 15 years For the past 17 years, 15 of which spent at Gehring Group, Christian has worked in the insurance arena, focusing on public sector clientele. Familiar with all lines of insurance coverage and funding arrangements, Christian is licensed to transact life, health,variable annuity,and property and casualty classes of insurance in the State of Florida. Christian Bergstrom earned a Bachelor of Science Degree in Public Administration, Cum Laude from the University of Texas. He was a Fast Track student in Public Affairs and is an alumnus of P!Sigma Alpha, the national Political science honor society. Christian has also earned his CHRS (Certified Healthcare Reform Specialist) designation through the Employer Healthcare& Benefits Congress. Christian joined Gehring Group as a Senior Analyst in 2003 charged with analyzing all financial aspects of our clients' fully and self-insured programs. Currently in his role as Senior Benefits Consultant, he is responsible for overseeing all aspects of client service and technical analysis of his large group clients' employee benefits program needs. These include:coordinating RFP development,bidding and compliance during the RFP process, and providing detailed analysis of the bid's analytical data in order for an (34) GEHRING QMLIN 65 appropriate recommendation to be made. During the bid and negotiation process, Christian acts as t7he key liaison between the client and the insurance carrier/TPA, negotiating aggressively on the client's behalf. Christian currently serves as the Senior Benefits Consultant for such large employers as the Palm Beach County Sheriffs Office, City of West Palm Beach, the Martin County Board of County Commissioners and City of Naples and is therefore, well-versed in the services required in the public sector market. Christian's reputation in the industry has earned him the invitation to sit on the "agent advisory councils" Of two of the largest group insurance carriers in the State of Florida; Florida Blue and Cigna Healthcare. He also has an excellent working relationship with the Florida Municipal Insurance Trust (FMIT), Aetna, Humana and United Healthcare. His insurance expertise and real-life experience in advising his clients allow him to provide real time, relevant feedback to these carriers regarding specific programs and plan models. He also maintains close working relationships with other vendors and upholds an unbiased allegiance to making recommendations that best meet the needs and goals of his clients. Shawn Fleming;CSFS,Senior Benefits ConsultarTt Professional Licenses: Life,Health&Variable Annuity,CertiftdSelf-Funding Specialist Education., University of Missouri Degree:B.S.,Business Adm in istratlon Industry Tenure: 13 years Years with Gehring Group. 10 years Shawn began his insurance career in 2002 pursuant to earning his Bachelors of Science Degree in Business Administration from the University Of Missouri.As a Financial Representative for Northwestern Mutual, his responsibilities focused on advising clients in the purchasing of Life, Health, Disability Insurance, as well as small business insurance planning. He is licensed to transact Life, Health, and Variable Annuity Insurance and previously held his Series 6 and 63 Investment License in the State of Florida. In addition, he is recognized for having the "Certified Self-Funding Specialist"(CSFS) professional designation. Immediately prior to joining Gehring Group in 2007,Shawn worked with a brokerage firm that represented large partnerships, including many Top 25 AMLAW law firms and large advertising partnerships. Shawn's responsibilities included analyzing current benefit plans for partners and employees,developing RFP's,and providing plan analysis to clients. While there, Shawn earned a reputation for using his detailed contract, demographic, and product analysis to ensure proper plan design and se ection hawn ha b ught his extensive analytical and presentation skills to his Position as Senior Benefit I - S s ro s Analyst for the Gehring Group. Approaching 10 years at Gehring Group,Shawn's focus has remained focused on serving the Public sector. He has provided employee benefits consulting services for groups with 50 to 3000 employees, implementing various benefits program strategies and steadily refining his level of expertise in all types of insurance programs and funding arrangements. In addition,Shawn also pioneered Gehring Group's efforts with regards to onsite clinic/weifness center consultation, a role in which he spearheaded the process for over a dozen Gehring Group clients throughout the state in the successful implementation of an onsite clinic, with additional clients currently in the evaluation and/or implementation process. His expertise in this area combined with his knowledge of the health insurance market makes Shawn a valuable asset to any employer considering managing a self-insured health plan that integrates wellness services via an onsite clinic. Shawn currently serves as the Senior Benefits Consultant for such public sector entities as the City of Cocoa, City of Clearwater, City of Dunedin, Hernando and Charlotte Counties. GEHRING 665 Kimberly Hall,Analytics Team Supervisor Professional Licenses:Life,Health&Variable Annuity Education: Immaculata College Degree: B.S., Mathematics/Cornputer Sclence/Physics Industry Tenure:30+years Years with Gehring Group:3 years In her role as the Analytfcs Team Supervisor, Kim Hall will be responsible for overseeing the tea performing the financial and analytical aspects relating to the account. She will also be an additionmal contact regarding all financial aspects of its benefits program. Kimberly is a tenured professional with extensive experience in the Underwriting and Actuarial Services arena. Prior to joining the Gehring Group, Kimberly spent 28 years in the underwriting department of Blue Cross Blue Shield of Delaware where served as an Underwriting Senior Consultant and then promoted to Tactical Manager her she provided operational management to the entire underwriting department. In this role, she was responsible for developing, evaluating and recommending underwriting strategie's designed to increase market share by providing cost effective solutions for clients. She was also involved in conducting analysis of client data and financials, monitoring performance, rate setting strategycoaching and account level guidance and collaborating between sales,account management and other key,internals. As Tactical Manager for over 10 years, Kimberly served as a company-wide resource on matters pertaining to rating and was responsible for reviewing and approving the or Output of the entire unit, as well as delivering top-notch consulting work on the most"premier accounts". Kimberly Hall earned her Bachelor of Science Degree in Mathematics/Computer Sciencegradu Sigma Zeta Math/Science Honor Society from Immaculata College, Pennsylvania. Upon her/Physics move to Florating ida, Kim joined the Gehring Group team in early 2015. Having worked with Local and National governmental accounts, her level of expertise has proven and invaluable resource to our team. (37) of 65 C. LOCATION The City of Boynton Beach Administrative Policy No. 10-15-01 provides for a local business preference. All Gehring Group to members assigned to service the City of Boynton Beach are located in our Palm Beach Gardens headquarters in Palm Beach County, Florida. Due to Gehring Group's close proximity to the City, our team is easily accessible to City staff to attend onsite meetings as requested. We are also available as needed via telephone,cell phone,email,web-conference and tele-conference. Please also note that our Company has a strong working relationship with and is located in close proximity to BenTek, allowing the City to benefit from these additional resources and efficiencies. (38) MGEHRING �CAWJ Qj�,Q U R, of C 665 - n Page 124 of 665 Tab s -_Technical Approach L Pirovide a brief description of the firms approach to the PrOJan ect d services outlined In this Request for Proposal and Provide samples of work product. Gehring Group understands the City's desire tooffer its employees a competitive benefit package to attract and retain valued employees and is well versed in the goals and objectives of the City. Inherent in this Process is marketing and renewal analysis,renewal negotiations,the RFP process, claims monitoring and data analysis, recommendations to staff, assistance with coand mplianceevaluation issues and Open enrollment assistance. Gehring Group's comprehensive level of service includes all services outlined in the RFP scope Ofservices,with no limits on the number of meetings and no travel or printing costs passed through to the City. Gehring Group's approach to employee benefits advisory services is based upon sophisticated analysis of data, awareness of local and regional options, and the strategic focus to help our clients chart a course for the longterm and not just the renewal or the next open enrollment. Part of our strategic approach is to challenge our clients to think "over the horizon" and to plan today's actions regarding health care and employee benefits based on tomorrow's needs. As an Independent consultant, our goal is to ascertain that all available Products and insurers are considered to ensure that the City finds the best match for its needs. At the foundation of Gehring Group's technical approach is a commitment to transparency, flexibility and responsiveness. Our marketing process typically includes the following steps: STEP I Discovery Process The first step in the procurement process is the gathering of all information pertinent to Your current programs. This includes interviewing staff regarding what they deem to be the Positive aspects of their program as well as any areas of particular concern. Discussion of future is and objectives will be analyzed. We out also collect all relevant plan documents and benefit summaries in order to become familiar with the details of each policy. Based on our experience and familiarity with the City, our team is already well-versed on the Policies and programs in force. Inaddition, a review of Your available claims experience, prescription drugs and large claims information,premium rates,wellness initiatives and all other information would take place in order to evaluate your in force program. At that time, we will determine a tentative schedule for monthly or quarterly meetings, setting a timetable for the release of any RFP's that may be necessary as well as analysis of alternative funding arrangements including self insurance. STEP 2 Presentation Of InIfial Analysis&Strategk Planning Upon our review of the current program,the Gehring Group will produce a concise analysis of each line of insurance to include any compliance concerns. Due to our specialization in the public entity market, we maintain access to comparative data from numerous other Public sector entities that isoften used to determine how (39) GEHRING EFor f-25 o 665 Your benefits program equates to those of other like entities. With this information, we can offer insight regarding the implementation of additional programs,such as consumer driven healthcare options and onsite clinics,and make recommendations regarding Potential changes to Your current I program. It is our job to educate you on any new product in the industry that may reduce administrative burden or aid in the reduction Of costs. During our time with the City, we have performed various benchmark surveys for the City to aid in future benefits decisions. STEP 3 Market Solicitation(The RFP Process) Gehring Group coordinates and assists in conducting all phases of the procurement process for those lines of insurance deemed suitable forbidding. Ourinvolve ment in this process can be as comprehensive as you wish. Once we have reviewed all necessary background information, we will work with staff to compile all RFP's for submission to the insurance market. This includes negotiating renewal rates, working with the procurement division to maintain the integrity of the bid process as well as issuing bid specifications directly to the market. Gehring Group has vast experience in the solicitation of all types of insurance and we are confident that acquisition of various competitive options will be accomplished. Toeffectively market anemployee benefits plan, we consider any factors. We must present and negotiate a Plan that is in line with our clients` oafs,contribution structure, plan design, union obligations, network availability and entity structure. Inaddition to the required information such as census data,plan design and claims experience,we also consider various other aspects involved in the decision making process such as prescription drug formularies, top utilized providers, hospital access and the physical location of the entity. Location within the state may have animpact on how robust each provider network is as well as the extent of provider discounts. STEP 4 Proposal Evaluation&Recommendation Upon receipt of all proposals submitted in response to the RFP process, Gehring Group will perform a detailed analysis of each program offered. We will comp all proposals siare de by side to the in-force program and illustrate the program differences to include thea vats s and disadvantages of each. This will include a detailed cost comparison which outlines the total cost of the program in addition to breaking down the costs related to employer and employee contributions and detailing all applicable proposal caveats. At this time,we will also compare provider networks to determine which proposers may be considered viable options in addition to performing a network disruption and network discount analysis. During this stage in the procurement process, Gehring Group will meet with Staff to review our initial findings. Once our analysis has determined that particular vendors are viable,we then attempt to clear up any details that must be clarified prior to making a recommendation. This process is a (40) GEHRING �QH��6of665 STEP 6 ongoing Service, As Part of our continuous service, Gehring Group staff also conducts detailed reviews, analysis and projection sessions with decision makers at key points throughout the year. We consistently track the available claims utilization data of Your program throughout the plan year in order to more effectively prepare for the renewal process and develop strategies for ensuring that your group gets the most value for its health care dollar. We will provide monthly claim reports and review large claims data to determine whether Your Programs are running favorably and utilize this claims data to forecast renewal Projections and negotiate with vendors. With this information and by conducting a local entity survey,we can partner with You to develop an action plan to accomplish the goals of the City. Additional services Provided during our year-round presence at our clients Include: 0 Annual compliance review 0 Health care reform consulting and advisory services * Legislative updates,seminars and webinars throughout the year regarding numerous legislative compliance issues a Assistance with claims and billing issues (employee advocacy) a Meeting with employees individually as needed a Assistance coordinating health and wellness fairs 0 Implementing/maintaining wellness programs and initiatives 0 Employee communications and graphics services 0 Onsite clinic consulting and ROI review(if applicable) 0 Collecting all data necessary for the actuary to perform its 112.08 annual filing of actuarial soundness filing with the State of Florida if self-frisured Additional details regarding Gehring Group's value added services are outlined below, following the timetable of activities. A typical timetable of activities is included below for your review. This schedule can be customized to accommodate any specific needs or additional services requested by rf-ve,C1tv. e 0 ring G rou revi 6 months prior to renewal eh in clud ing claims expen Pre-Renewal Meeting with employee benefits Staff to discuss satisfaction and strategy Gehring Group to request coverage renewals Release RFID to carriers for all applicable lines of coverage(if deemed necessary) or begin renewal negotiations 0 (42) NOGEHRING COP H�8 of 665 At' do 5 months prior to renewal . if-RF i�rssued: o Gehring Group receives proposal responses from Purchasing o Gehring Group review and analysis of Proposals o Draft of initial review r s me to Staff Interview finalists (if deemedc ssa ) Best and Final offers due Gehring Group recommendation/Gehring Groupavailable to aka presentations to committees and Board o Councll/Boarcl makesCouncil/Boar selection • I r I n o f ion 1jjRFP notYis u p. o Gehring Groupwill aggressively negotiate renewal premiums, n stop loss premiums o Review all stop loss alternatives (deductibles, etc.) Analyze claims to to determine for cost reduction to e ts os prior to renewal • Preparation of Open Enrollment Materials including to Benefit Hi !i hs bookletcommunication Postersye s , etc. , payroll Discuss and finalize employer contri in strategies • Plan Implementation • Provi nwith renewal plan information update months prior to renewal • Preparation of OE Materials including !oyes neitui communication os e' , payroll su a , etc. • Finalize employer contribution strategies • Completion of implementation Paperwork i carriers • Implementation eti s with all applicable carriers in the event of a carrier change • Provide all information regarding pI changes and rates to BenTekO for Programming updates • Testing of BenTek6 Open Enrollment site November • Open Enrollment Meetings December • Finalize all details regarding new pIan year January Y • Plan Year Begins January--March • Conduct Hire ri ntatio as necessary • Additional meetings with Staff and/or eloy s as needed Late April • Review Quarterly claims experience(if available) meet i ( ) IL9 of 665 April-June • Conduct New Hiret Orientations as n, ecessary • Additional meetings with Staff and/or employees as needed • Request renewals Additional Due to Gehring Group's industry ri nce, we are confident that we can meetexceed our sery expectations. Gehring Group's advisory services is include, are not limited ollo i ; ice Gehring Group is proactivelyaddressing each of the requirements an behalfof all of our clients to ensure that all Policy renewals s ! the mandates are in compliance ith the Health Care Reformlegislation. We proactivelyhost informational seminars and webinars on the newlaws for our clients so that they have all the information e be adequately r r for the mandates. Topics have included L R Rebate Distribution, -2 Reporting of Employer Sponsored Healthov r e, Determining Seasonal and Variable Employeesh Employer Shared ResponsibilityPenalty ( . . . Pay or PI ay), Requirements under Sections 6055/6056 of Minimums n ial Coverage and ApplicableLarge EmployReportiur, Mastering the -C, etc. During the Past three years, our ACA experts have assisted the City in completing h annual 1094/1095-C forms as required under the AffordableCare Act. With our determined and deliberate approach to providing one on one assistance to our clients, we worked with the City's Payroll department, BenTek and the City's IRS reporting vendor, American TechnologySolutions (ATS), to review the BenTek import ata file for accuracy, provide the file for i "o r" "safe r or"c es for the Ci review n a port nTek into n Populate the applicable approval.. Gehring Group also assists our clients in the decision of whether to open an -site health clinic. I requested, Gehring Group ill conduct feasibility analysis to determine if our clients can take avant age of the potential cost saving benefits of openinganon-site r near-site clinic. By shiftingcosts from the i medical plan to the clinics, many groups have n better able to manage specific areas of claims costs, hila providing additional access to medical care to theire loy ehrinGroup has experience in conducting the bid process to determine which clinic Providern clinic model would best meet then eeds of our clients,and inaddition, is available to oversee the implementation res once a decision has been made. Members of your service team are not only available to benefits administration staff and decision makers, t are also directly accessible by employees n retirees. a are available to assist the City andits employees in the resolution of unresolved claim issues, in addition to your assigned accountane er Gehringroup also provides re in-house Client Service Specialists specifically for this purpose. These, staff a are v ila le to help employees or hro claims issues by Orkin i carrier claims r servicerepresentative s well s t analin the issue andprovids office to resolution. The internal Client Service Specialists r also intricate in helpingo resolver' solve scld cli es issues assisting with writing appeal letters in the event a claim has been denied. r Gehring Group team will follow up with the applicable carrier claims e a en or service representative an assist in ) GEHRING EVA I 0 of 665 gathering all required information and documentation and continuously follow up throughout theeal process. They exhaust all avenues in their efforts to bring each employee issue to resolution. app SMX� ,, yfc Lej;;ai P'�-gnnei,,,shlh _Se p ,law Gehring Group retains Seyfarth Shaw's Benjamin Conley as an additional resource for legal issues and research regarding health and welfareplans, ERISA and other benefits related topics. Mr. Conley regularly HIP AA privacy regulations I , advises on defined benefit and defined contribution plan compliance,ACA,Section 125, ER SA COBRA and . He is also a member of Seyfarth Shaw's healthcare reform team and regularly consults with various governmental agencies such as the IRS, Department of Health and Human Services and the Department of Labor on health care reform developments, receiving clarification and interpretation of guidance directly from the source. One example of this is Seyfarth Shaw's participation in the American Bar Association's Joint Committee on Employee Benefits. This is an influential organization that meets regularly with representatives from the IRS to Pose issues needing further clarification and discussion. This group oftentimes influences IRS regulatory decisions. In addition to Mr. Conley and his team at Seyfarth, we utilize IS and labora orneys at For Harrison including Christine Hanley,a partner in the West Palm Beach, Florida office,to assist when our clients need either basic and/ore e health and welfare regulatory advice. Christine Hanley's practice focuses regulatory issues affecting the employment relationship. Ms. Hanley and Mr. Conley have been selecteond b Gehring due to it best in class reputations, straightforward and businy ess centric approach, industry reputation, and Gehring client satisfaction. Actuafl4l flesounes–+ kell"'Cons',Vfthlf,�G up rc� Should the City elect to transition to a self-insured health plan, Gehring Group proposes the services of Walely Consulting Group to perform actuarial services as deemed necessary. Gehring Group's analytical team (which consists of former carrier underwriters) will work in conjunction with Wakely Consulting to perform required filings, annual projections, self-funded rate setting and reserve calculations to ensure independent actuarial review. Wakely Consulting Group, Inc. is an actuarial consulting firm with a focus on the health care industry. All of its professionals are members of the American Academy of Actuaries (www.actuary. rg) as weas be recognized as Associates or Fellows of the Society of Actuaries ( oll ing www.soa.org). Wakely's to provide each client with personal value-added service at a very reasonable cost. Once assimission is gned to your project, their actuaries quickly focus on your timetable and the tasks at hand. Unlike other firms that hire nurses, doctors, lobbyists, and attorneys; Wakely focuses on what they do best — providing actuarial services to the health care sector. r cMPh5,,p,!e fffflnieflts,flandbook Gehring Group's proposal includes the annual provision of an employee benefits highlights booklets at no additional cost. At the beginning of each new plan year we compile all of the information regarding your insurance coverages and summarize it in ane ply friendly benefit booklet. This booklet has proven to be a valuable resource to our client's employees and has reduced the number of inquiries received by our client's HIR and Benefits staff. This service isoffered at no additional cost. We will provide you with enough copies for open enrollment and as needed for new-hire orientations throughout the in year. (Example included in Exhibit B.) L (45) OGEHRING as r1% rur 15,1 491 of b65 During this time of legislative change, Gehring Group has taken on the role of becoming and educational resource for our clients by hosting several informative seminars on relevant topics. Each year, we host several client seminars/webinars on the topic of health care reform, in order to ensu that our clients have all the information needed to be adequately prepared for the mandates and are comfortable in their understanding of the new requirements. (Sample included in Exhibit E.)As part Gref our commitment to keeping our clients informed and educated, Gehring Group also hosts an annual two-day Insurance Education, Innovation, and Excellence Summit specifically for the Public Sector organizations. During the summit, we provide engaging sessions on Leadership Training, Weliness, Legislative/Compliance Updates, and Innovation and Trends in Employee Benefits and Risk Management. Last but not least, Gehring Group will make a point to meet with clients face to face to address issues or opportunities specific to that client. Since Gehring Group sits on the agent advisory councils of many of the major insurance carriers in the state, we are often the first to be informed of new health plan trends and product offerings resulting from the new legislative mandates and can,therefore, keep our clients well informed of any programs or potential new cost saving opportunities. In addition,we meet with each client to address any changes in state or federal regulations that may affect them. MINHH't,ess N,09,�,,,im ConstuMulng Gehring Group has assisted numerous clients in implementing a structured wellness program with the goal of encouraging employees toward a culture of wellness. We are available to assist our clients in developing a concrete welfness strategy with written goals and are there each step of the way. Gehring Group coordinates service,,between carriers, health and wellness vendors,and the client to facilitate the delivery outlets including clinics, I of appropriate and coordinated health management and care management services through varous educational seminars, management programs offered through the carrier, carrier resources, programs developed by the Gehring Group wellness team, and health improvement wellness challenge platform vendors. Gehring Group's Wellness Coordinator is also available to advise and assist in designing and implementing programs to help achieve effective Population health management practices for your organization. Gehring Group's Wellness Coordinators have knowledge of various effective wellness vendors and can provide you with an overview of which services may be in your best interest. Gehring Group current provides the City a designated, certified Wellness Coordinator who worked in collaboration with the City to initiate and implement a formal wellness. program, and develop collateral logo and employee communication materials for the City branded program, B.O.D.S. (Bettering Our D iy Selves). a/ (',,cnVnuous Plan AnWysis As part of our continuous service, Gehring Group staff conducts detailed reviews, analysis and projection sessions with decision makers at key points throughout the year. We consistently track the available claims utilization data of your program throughout the plan year in order to more effectively prepare for the renewal process. We review available claims utilization reports to determine whether your programs are running favorably, and utilize this claims data to forecast renewal projections and negotiate with vendors. pJaul flkarfewah& In addition to bidding your employee benefits program, Gehring Group will also aggressively negotiate renewals with your current carriers. As previously stated, our block of business provides us with the (47) IF GEHRING a Y?3 of P65 credibility to negotiate with insurance carriers more effectively. We get results. Our highly trained staff is able to negotiate more effectively due to the high quality of our own analysis. �,n gi 10 n fte S e In addition to the processes above, your Gehring Group service team will maintain continuous communication throughout the plan year to provide support to staff with administrative, legislative, enrollment and billing questions. Gehring Group is available to assist our clients'staff with the resolution of claim problems and other issues such as Policy interpretation. In addition,Gehring Group staff is always available to provide on-site assistance with new-hire orientations and employee benefits fairs. Emp"yee Suryey,,,,� One of the most effective ways to acquire employee feedback regarding the r benefits prog m or any other topic of interest, is through an employee survey. Gehring Group has the 1 ra , is paper survey form, or electronically, via the internet. These surveys h ve p ability to accomplish th via results that aid in future decision making. a roven to generate effective Bft chniark Suryt�ys With Gehring Group's extensive public sector client base, our team also has access to a significant amount of in-house benchmark information including premium rates, em ployee/em p foyer contributions, benefits data, carrier trend factors,ASO fees, reinsurance premiums and other comparative data. With our carrier leverage, access to information,and our familiarity with the public sector market as a whole,our team can negotiate more effectively on behalf of our clients and provide valuable information to help clients make decisions regarding their benefit program options and contributions. (48) W GEHRING Sri 549 q64 of�65 2. Respondents must provide a list oF additional services that will be provided If selected by the CitV of Bovnton Beach to act as the cKys group insurance consultant that has not been stated int RFP. Gehring Group also provides our clients with additional value added services including the following technological and research tools at no additional cost: L Onhe Human % earch TOM',,:Think HR M,,nkp)WePro GeuM. hring Group provides Think HR to all clients Thlin,W , Think HR offers a one-stop resource for nick answers to thousands of human resources and employee benefits questions covering such issues as record-keeping, employment law, and withholding,workers'compensation,harass n , wages t,ERISA,COBRA and FMLA. Think HR provides you with easy and immediate access to expert HR advisors who will provide information and answers in a timely manner to minimize the exposure and risk associated with legal and regulatory matters, These answers are provided via phone, web oremail, followed up with a written response to summarize the issue and result. This services also includes over 200 safety training courses and thea il! to assign and track completion of training. F Wall z........... Think HR Live Includes- HR Hotline—Immediate, unlimited help from PHR and SPH R Advisors via phone ore ail. * Phone access to HR advisers anytime Mon-Fri,9am-8prn EST 0 Written/email follow-up on complex issues or researched matters a National and regional expertise HR Library—Immediate access to HR resources to solve your HR concerns. • Thousands of forms,documents,tools and checklists for every HR department Job description builder and salary benchmarking tools Learn Pro— More than 200 online training courses that ensure compliance, reduce risk and drive employee engagement. • Intuitive administrative dashboard • is and Safety content Robust reporting Gehring Group provides Think HR to all clients at no additional charge. (49) GEHRING CMM 5 of 65 ("I"ent r hit Ipl9rVw ';% "'R, "'art0 Gehring Group also hosts a client portal to communicate with and serve as an informational resource to its clients. This site allows us to post documents for clients to review, so that as the landscape of health care reform continues to evolve,we can ascertain that they have timely access to relevant newsletters, documents and analysis to help them navigate through this period of change. Subscribers to our portal additionally receive daily updates from CCH HR Answers Now on national regulatory changes. . ............ tN......... (60) W GEHRING G 2 7 -RO 65 4. Describe how your firm would assist In the evaluation of vendors'Proposals in the following plans: a. Self-insured Medical Insurance b. Self-insured Pharmacy Plan c. Fully Insured Dental Insurance d. Fully Insured Vision Insurance e. Long Term Disability Insurance f. Life and AD&D Insurance Limit your answers to no more than two(2)pages per benefit plan,double spaced, 12-point type. Self-insured Medired Instiamra When evaluating vendor proposals for a self-insured medical program, Gehring Group analyzes all variables involved including TPA fees, pharmacy benefit management services, reinsurance premiums and maximum liability factors. This includes much more than merely the competitiveness of the proposed administration fee provided by the Third Party Administrator (TPA). We also take into account the group's physical location and the available provider networks in the area. A certain TPA may have the lowest administration fees; however, the proposed network may not have aggressive provider discounts. It is important to keep in mind that administration fees typically represent only about 3% - 8% of the entire program cost, therefore, special consideration must be given to the provider network and utilization management programs since claims typically represent 80%or more of Yourtotal plan cost. We standardly include a requirement for proposers to provide a claims repricing analysis to truly understand how costs would be managed under the proposer's purview. In add t on to pricin& we also evaluate the value-added benefits available from the various TPA's and insurance carriers. These include disease management programs, employee assistance plans, 24-hour nurse lines, wellness.programs and other available features and cost saving initiatives that add value to your group health plan. We also evaluate the advantages and disadvantages of having a separate pharmacy benefit manager(PBM). Our analysis includes the solicitation and evaluation Of stop loss insurance to reduce or eliminate the group's exposure to the expenses associated with large, ongoing claims. "Specific"stop loss coverage provides protection in the event of one claim exceeding a specific amount(i.e.$100,000 or$150,000). "Aggregate"stop loss coverage limits the group's overall exposure to excessive utilization of the group as a whole. Stop loss insurance would be marketed as part of the RFP process to solicit self-insured (52) GEHRING 9Y?8 of 65 20 proposals and would include the review of the three main components of a stop loss program: 1) specific insurance, 2) aggregate insurance, and 3) the maximum claims liability factors (aggregate factors). Gehring Group would also evaluate various alternative stop loss deductible concepts and present all viable options to the City. To solicit the most competitive stop loss quotes,we would review for the City's consideration all cost saving options, including but not limited to: Traditional specific deductible with aggregate coverage, Aggregating specific deductible options, Stop loss tiered Pooling options, Features such as monthly maximum liability accommodation, Limited liability tiered Pooling options, etc. Our analytical reports also include projected annual cost totals which are helpful in comparing a self- funded option to the cost of a fully insured arrangement. Considering all these factors will enable us to recommend a health insurance program with costs that are in line with the City's goals and budget. Seff-),nsured Pharmacy plall Pharmacy costs can now represent 18%to 30%or more of a group's total health plan costs;therefore, it is very important to carefully evaluate all options as it relates to a group's prescription drug coverage. Choosing to self-fund pharmacy costs involves the consideration of many factors. Some of these factor's include the average wholesale price (AWP), dispensing fees, administration fees, utilization management programs, level of pharmacy rebates and pharmacy network access. Our goal is to achieve transparency in pricing in our review of fees for claims processing, discounts, dispensing fees and rebate guarantees. Oftentimes, one pharmacy benefit manager's (PBM) definition of the word of rebate" can differ from that of another, so it is essential for us to consider all such variables in our evaluation. Variations can be considerable,so it is important to determine the various levels of rebates that will be returned to the group versus those that will be retained by the carrier/PBM. In addition, if the TPA is an insurance carrier,there are differences between how each carrier treats and even defines the term "rebate". (53) GEHRING Of 65 Furthermore,fees may also differ depending on the group's prescription drug formulary and utilization of brand name versus generic drugs, the impact of which may be significant to the group. Much like rebates,the definition of"generic" medications may differ from one PBM to another,so it is important to know that they are using appropriate "J"codes for an equitable comparison. When these expenses are not transparent, it is difficult to find the areas in which costs can be reduced. As part of our evaluation, we also recommend a complete re-pricing of the historical data of a group's pharmacy claims by the PBM's under consideration to determine the potential cost savings. Gehring Group partners with several pharmacy consulting experts through which we can reprice prior year claims based on the various vendor proposals to determine which is the most competitive and of have produced the most cost savings. This analysis also considers drug formulary options and drug tiers. Integration of the prescription utilization patterns with medical utilization is an important tool for predictive modeling and addressing any changes to benefits. Furthermore, it is important to continuously monitorthe specific prescriptions utilized by the group's employee Population in order to target abuse, aid in disease management Programs, and formulate employee education strategies regarding generic versus brand names and less costly alternatives. 'r ll Inuired Denvid 19surance Gehring Group evaluates dental proposals in similar fashion to medical proposals. If the dental plan is self-insured,we review and compare administration fees and projected claims liability to determine if purchasing dental stop loss insurance is necessary. If the dental plan is fully insured, we consider network and provider availability in addition to performing a benefits comparison of all plans proposed. After determining the goals of the client, we analyze all options including Dental Maintenance Organizations (DMO), Dental PPOs, Direct Assignment Dental plans, Limited Benefit Plans, etc. to accomplish the most cost effective option. When evaluating dental PPO options, we not only consider premium cost, we evaluate the coverage level of the various services included under each service classification (i.e. Preventive, Basic, Major, (54) GEHRING PYfb of 65 "C f Term DN?R,Yitly',nsurance In most cases, cost is the main variable in determining the competitiveness of a long term disability program. However, it is also very important to ensure that the plans being compared are "apples to apples"meaningthat all plan variables are duplicated, These variables include the benefit percentage, monthly maximum benefit, own/any occupation definitions, "gross-up"options, consideration of paid time off (PTO) Offsets against benefits, partial disability benefits, etc. We work with the client to determine the most appropriate elimination period based on their sick leave policy to best bridge the gap betweenwhen payroll ceases, and benefits begin. It is also crucial to understand the claims intake process, reporting and notification capabilitles,W-2 and FlCA match services,and other administrative concerns,such as Ming and forms management. Disability carriers have different servicing models as well, so ahgning the group to the best fit is inherent in our evaluation process. These features as well as the A.M. Best rating of the Insurance carrier are considered during our comprehensive evaluation process. Life and AND lnsurance Employer group life insurance and AD&D is typically the least complicated and least costly benefit provided to employees, We perform a cost analysis and detailed review of the proposed benefit. We take into consideration any additional benefits offered by some carriers such as the "seatbelt benefit", accelerated benefits, portability, and other features that provide added value for your employees. Much like disability products, we put an emphasis on understanding administrative concerns, such as billing and report!ng/notification access. we also look for proposers' ability to match existing classes, eligibility definitions and benefits,in addition to takeover provisions and actively-at-work requirements. When necessary, we also strategize t,o break out pricing for different employee groups, such as public safety personnel or retirees, to ensure that budgetary needs are met with the goal of providing comprehensive benefits. Gehring Group only recommends reputable companies vifth positive ratings by A.M. Best and other rating services. G E H R I N G 'ROUP, of 65 S. Describe in detail what concepts you have proposed to clients to help contaWreduce healthcare costs. (Maximum three(3)pages,doubled-spaced, 12-point type.If marketing materials used,limit to three(3) pages. From new insurance and health care concepts to keeping our clients updated regarding new legislation, Gehring Group is not only known for taking a leadership role in the industry, but also known for being pacesetters. This is evidenced by our progressive efforts in ensuring that our clients are taking advantage of all available cost saving insurance concepts and funding arrangements. For example, Gehring Group was the fir stto implement a consumer driven health plan option for large publies ector employer in Florida during the early 2000's. Inaddition,we have guided a number of our public sector clients through the entire process of bidding for, evaluating and implementing onsite employee health clinics, msot of which have have generated a considerable return on investment and providing additional access to care for employees. Many of our clients have also implemented innovative lin ss programs which incorporate various types of incentives and/or biametric screenings. We have also evaluated the benefits of various other concepts including telemedicine, value based plan designs, specialty Physician designation cost share differences, plans with "narrow networks", international prescription sourcing, and live diabetic monitoring with mobile-enabled glucometers via a it party diabetes management vendor. Gehring Group remains on the forefront of the industry, recommending creative solutions and innovative strategies that help our clients save money. There are any examples in which Gehring Group has aggressively pursued a cost effective benefits program for its clients. The following includes several actual case samples of Gehring Group clients ranging in employee size, who have experienced notable savings due to Gehring Group's expert consulting, negotiating experience, value-added services and knowledge of product offerings. 0-1 Karmacnl: During the 2016/2017 plan year,Gehring Group guided this county through the implementation of two new and innovative programs to help tackle it rising health plan claims costs. The first was the Kannact Diabetes Management program. Kannact delivers personalized diabetic monitoring and coaching using advanced technology at no additional cost,and often lower cost to patients. Under this program,a single coach is assigned to each (57) ftGEHRING R3 of 65 iF17_ .______ patent, creating a relationship focused on long-term goals for a patient's future wellbeing. The program includes the Provision of a mobile(cellular)enabled glucometers which automatically collects, encrypts and transmits blood glucose data to health coaches. Supplies are delivere'd directly to the patient's home at no cost,and patients have access to their data via mobile app or web portal. Kannact is a "no extra cost solution." This service replaces or supplements the current carrier for all diabetic supplies; provides supplies at a lower cost than pharmacy networks; and shipping, coaching, monitoring, mobile app, web portal, alerts, data plan and all analytics are included in the price of the supplies. One participant of the program has already achieved significant success. A county employee(49 year- old male) joined the program in April, 2017, at which time he had 8.4% AX level and considered moderate-to-severe Type 11 diabetes; a condition he has maintained for over five years. His Kannact journey begin with setting up regular reminders to check blood sugar levels and receive weekly coaching. After 75 days, his AIC level dropped to 6.4%, now considered "pre-diabetic, with a future goal of achieving an AlC below 5.7%(diabetes free). The second program implemented is the Cana Rx international prescription drug reimportation program. CanaRx Is a no cost, voluntary program offered in addition to the self-funded prescription plan already in force. The program covers brand name and specialty drugs only which are imported from only from Tier One countries including Canada, Australia, United Kingdom and New Zealand. Employees may enroll at any time, based on their need or current medical condition. Based on claims and utilization to date, the program is projected to result in a 1.55:1 return on investment by the end of the plan year, resulting in an approximate savings to the plan of over$225,000 to the employer. ty� uU,'ni'(',n Beneft"', &T In 2013,Gehring Group and the City developed a five-year strategy that included streamlining benefits for all employee groups (i.e. General, Police, Fire), the expansion of services available at its onsite employee health center and the ultimate transition from a minimum premium funding arrangement to a total self-insured arrangement. The first step was tonegotiate an 18-month rate guarantee for its fully insured medical insurance contract to effectively move the plan anniversary from January 1st to July 1st in an effort to allow the (58) GEHRING G 65 City to better budget for health care expenditures, including additional fees imposed by the Affordable Car Act and the cost to Provide additional services at the onsite health center. This resulted in a $640,000 savings to the City from their initial renewal offer and a savings of $496,000 in overall premiums for the Police Department. In mid-2014,the City was again faced with a double digit increase for its minimum premium program. A budget increase to that degree was not justifiable based on our independent budget projections,and moreover, not sustainable for the long-term. Gehring Group was able to re-align the Cltv's goal to manage health insurance costs by transitioning their current dual plan benefit offering to a single high deductible health plan with employer contributions to a Health Reimbursement Account (HRA). This resulted in a 20%savings, or$2.3 million dollars over current premium to the City while also adding value to the employees by providing first dollar coverage for out-of-pocket costs under the high deductible plan funded by City contributions to a health reimbursement account(HRA). During the 2015/2016 plan year, Gehring Group was again successful in negotiating a savings to the City's medical plan premiums with then of renewal coming in under current costs based on the pIan's success in the prior year. In 2016/2017,the City,the Police Department and the City's Fire Department accomplished their of of streamlining its benefit offerings under one self-insured program. Gehring Group worked with the City to hold numerous Union meetings to explain the benefits of coming together under one medical plan and was successful in negotiating a self-insured contract resulting in savings to the employees of each group. The plan to date has experienced a . million dollar surplus since the transition to self- funding and expansion of wellness services at the employee health center. Inaddition, as of year-end 2017, Gehring Group's continued oversight of the City's employee health center has increased the City's return on investment from 2.3:1 in 2013 to 3.3.1 in 2017. C GEHM INIG 2AW1OA_GROVP, 65 6. Describe In detail wellness Initiatives you have Proposed to clients. (Maximum three Pages, double- spaced, 12-point type. As stated in Tab 4, Gehring Group has assisted a number of clients in implementing a structured weliness program with the goal of encouraging employees toward a culture of weliness. We are available to assist our clients in developing a concrete wellness Strategy with written goals and are there each step of the way, Gehring Group coordinates services between carriers,health and wellness vendors, and the client to facilitate the delivery of appropriate and coordinated health management and care management services through various outlets including clinics, educational seminars, management programs offered through the carrier, carrier resources, programs developed by the Gehring Group wellness team, and health improvement wellness challenge platform vendors. Our Wellness Coordinators have knowledge of various effective wellness vendors and can provide you with an overview of the various services that may be in your best interest as there are many aspects of a wellness program to take into consideration in the early stages of development of the program in order to obtain measurable results. Gehring Group successfully negotiated over$110,000 of wellness funds during the past four years from the City's current health insurance provider to fund the City of Boynton Beach'ss wellness initiatives. The City is just one example of our experience in the initiation and rollout of a structured Wellness Program. Coordinated by Gehring Group's Wellness Coordinator,Stephanie Morris,the City's Boynton Beach B.O.D.S. (Bettering Our it Selves)campaign kicked off in early 2017. The following example includes wellness program initiatives that began with health risk assessments, then adding biometric screenings and applicable targeted measurements, HRA funding incentives,and various opportunities to Participate in health challenges, individual coaching and nutritional education. We,nes,, Over the Past six years,this City has worked with Gehring Group and its health partner,CIGNA,to build a health improvement program to improve the well-being of its employees, but also help the realize the financial rewards of a healthy workforce. Creating a culture built on management support for healthy change has been crucial to the City's successful wellness journey. And the results of this five- year strategy have been record-breaking and award-winning by many standards. r!,wori G E H R I N G 2598LY, �)46 of 65 in'Sim l Recognizing that employees perform best when healthy, the City implemented a voluntary wellness incentive program. They rewarded employees for health actions, encouraging them to reach targets such as. 1. Achieve a BMI of less than 30 2. Achieve a blood sugar level of less than 100 mg/dI 3. Achieve a total cholesterol level of less than 239 mg/dI 4. Achieve a LDL cholesterol level of less than 129 md/dI S. Achieve a blood pressure level of 139/89 or less 6. Successfully participate in tobacco cessation program To participate and meet these targets, employees were required to work with their primary care doctors, participate in biometric screenings plush l assessments. And when they successfully meet their targets, employees receive an additional$500 in the Health Reimbursement Account. gqjlldlng ,,qn_$ucq@ss As the program gained traction,the City added Cigna's MotivateMe program to enhance their wellness efforts. Providing coaching online and over the phone, this program gives employee even more opportunities to be rewarded for achieving wellness goals. The coaching encourages employees to reach previously unattainable targets by improving nutrition, exercising, learning to manage stress, working toward a healthier weight, and ending tobacco use. Each year, the City comes closer to its strategic of of behavior change. In 2015, participation in the wellness incentive program rose to 99% with increased funding from the City, employees' Health Reimbursement Account funding became dependent upon completion of a biometric screening and health assessment. Today, the wellness program includes an extensive roster of strategies, ranging from exercise and healthy cooking programs to fitness challenges and health fairs. Through their Onsite Wellness Coordinator, the City has developed strategies and funding options that enable employees to use Cigna-provided programs as well as local resources.And as employees have become more engaged in (slyE DGEHRING Fs G f P,aff"65 their well-being,the efforts have shown significant improvement in workforce health and productivity all of which Contributes to greater fiscal well-being for the City and the City budget. f ......" nn Inaddition to this,the City has also accomplished the following achievements: • 4 year's with no rate increase to health plan • 99%Participation In Wellness Incentive Program 0 22%increase In preventive care visits(60%vs. no 25%) 0 $288,000 in actual ROI from various• programs 11%reduced catastrophic claims cost per covered Iffe 7%decrease in blood pressure&23%reduction in cholesterol risk levels • 4%decrease in High Risk Levels and 7%increase In Low Risk Levels • Platinum Employer by AHA–BlueZone Approved–2016 CIGNA WellBelng Award —-—-------- Based upon the program adjustments in year one and two along with the current implementation of the Wellness Incentive Program,the City has experienced a significant reduction in average claims costs along with a reduction in a reduced trend and overall paid claims. The City's most recent strategy includes the addition of a smoker surcharge for those employees unable to complete the non-smoker affidavit or who are unwilling to participate in a smoking cessation program. (62) E=GEHRIING G 0 P CV77' R 0 ' _12� 65 hours per week. The clinic treats on average over 700 patients per month and dispenses over WO prescriptions per month. The Health Center also offers Worker's Comp and occupational health services. 3. City of Cocoa Clinic opening: September, 2014 Facility: Cocoa location and Satellite Beach location-City owned buildings built out by CareATC Vendor: Care ATC The City of Cocoa opened its employee health center in 2014 in a City owned building designed by Care T . In 2017, Cocoa joined with the City of Rockledge, Cocoa each, and Satellite Beach via an interlocal agreement to share the healthcare services provided at the clinic, subsequently opening a second location in a City of Satellite each owned building. 4. Palm Beach County Sheriffs Office Clinic opening: June, 2010 Facility: Leased offsite Vendor: Cigna Onsite Health The Palm each County Sheriffs Office Health &Wellness Center provides primary, urgent, acute and radiological medical care to more than 4,000 employees and 12,000 dependents. The Health &Wellness Center is the flagship medical clinic for CIGNA Onsite Health nationwide, boasting over 5,000 square feet,with ten providers and the CIGNA Electronic Health Record system. Among the health services available at the center are physicals, laboratory services, screenings, immunizations,wellness programs, health education and a medication dispensary with an average 80% generic-fill rate. A medical doctor leads the onsite team, which includes two nurse practitioners, four medical assistants, radiological assistant and three outsourced providers to provide specialty care. During the current year, the clinic continues to see a steady 60%+ penetration rate(i.e. Percent of employee population that visited the health center during a rolling 12 month period). (Note: Cigna Onsite Health does not obligate the PBSO to Cigna Healthcare in any way. They can select any health insurance provider they choose.) Gehring Group has extensive experience in the clinic evaluation process for Florida public sector entities. We are completely independent and evaluate all clinic proposals as on the needs and goals of our clients. We have issued numerous requests for proposals and have consistently received responses from various clinic vendors, local and national. The City can be sure that Gehring Group will work on its behalf to a make the City's investment into its employee health center a success. SM 11GEHRING (64) G R 0 U P S. Describe the organization's quality Initiative Program and the type of smeasuring (or benchmarking) system ued to ensure continuous Improvement. Gehring Group strives to exceed client expectations through our high level of client service, dedicated personnel, innovation and commitment to excellent client satisfaction. We rely on our clients to be our references, and insomuch we work toward not only being excellent technicians but also excellent communicators and a valued resource for all their benefits needs. Our goal is to return ail phone calls and emails within 24 hours if not the same day. Our staff understands the value of our reputation and the importance of meeting our clients'expectations. A key member of our team whose role is focused on ensuring client satisfaction is our Danielle Shull, our Director of Client Experience. A senior level experienced professional, Danielle has been with Gehring Group for over 10 years and is especially familiar with Gehring Group's comprehensive level of services, our team structure, and most of all, the needs of public sector entities. Her duties include a strop focus on communicating with our clients to ascertain whether we are meeting expectations,and to receive feedback from clients ono iti s and future trending needs. In addition to our team approach, in which every position has ata member of the same Position who is able to back up, or pitch in as needed, Gehring Group also utilizes a client relationship management system into which client related activities, projects, and timelines are entered. Your team's Senior Benefits Consultant and staff managers utilize this tool with its extensive capabilities daily to manage workflow and ensure that committed work is planned for and delivered timely. Regardless of the hurdle,our team will work aggressively Pursue all tasks to completion and on time as we have successfully done in the past. Our of is to have an open relationship with our clients so that we can discuss any issues regarding vendors and performance openly. We are also willing to put Provide feedback, as well as our Director of Client Experience role, who proactively reaches 0 ity satisf=lon. Gehring Group also conducts focus groups which gves our clients an oppo un I! Performance guarantees in place where we would uta portion of our fees at risk to ensure c ent 1 rt to clients to guage their level of satisfaction. In our organization,we have a very involved leadership Ut to who are always accessible to our clients and committed to meeting their needs. team (65) GEHRING U &6&1 Of 65 9. Describe in detail the self-service,Int emet based solution(s)you are able to offeryour clients to transmit data to multiple carriers and to automate enrollment processes.All fbes associated with the use of this solution must be Included int fee proposal. Bei ',ek'OnOne ¢Na.&Administrafl'onSyster,,,, Gehring Group's proposal continues to include the services of the BenTek Online Enrollment and Administration System to provide a comprehensiveBenTek solution with YEAR ROUND benefits administration services and capabilities. ii-o",�i W,iz i'i)fr"'Z_,Wk a,t, v The services of BenTek are included within the fee proposed in Tab 6:Fee Proposal. BenTeke is a system developed over 13 years ago specifically to meet the unique needs of the public sector. It is an easy and convenient, online benefits enrollment and administration system that streamlines benefit enrollment by delivering a web-based enrollment solution to over 100 Florida public sector entities currently. Via BenTek, employees can easily and securely access the Employee Benefits Center and enroll in theirbenefits from anywhere. Boynton Beach has successfully utilized the BenTek6 system since 2015 to achieve a more efficient web-based enrollment process. The online enrollment experience, "Enrollment in 7 Steps",is designed to guide employees through the enrollment process in seven progressive steps,each tracked within the Enrollment Progress Bar.During any enrollment process (Open Enrollment, New Hire, Qualifying Event), employees can view both current and future enrollment and deduction information for all benefit options on one page. Each enrollment module provides a detailed confirmation statement of all elected benefits and deductions that can be saved, printed, and viewed in future sessions. Employees can access detailed plan information such as Summaries of Benefits and Coverage (SBC's), plan Summaries, plan comparisons as well as acknowledge compliance notifications, disclaimers,and more. The Employee Benefits Center also provides easy access to benefit information and resources, self-service tools and online enrollment 24/7/365. Employees can perform any benefit related functions including reporting qualifying life events, managing life insurance beneficiary designations,accessing provider sites and claim forms, and more. BenTeko Open Enrollment Key Advantages: • Rules based enrollment provides a customized user experience built with benefit logic, alerts, and informational notifications based on the unique needs of each Client's employee population. • Improved employee communication with access to current enrollment, cost, and provider information to assist with enrollment decisions, 0 Customized content including open enrollment news, embedded links, access to videos and presentations to create a system that is filled with benefit resources for employees. 0 Powerful self-service tool providing employees with 24/7/365 access from the comfort of their homes to view real time comprehensive benefit summary, review and compare plans, report qualifying life events,view dependents, manage beneficiaries for life insurance and retirement plans, and more. ® GEHRING r GRO !:14a nf 1565 Page 154 of 665 Tab 6: Fee Proposal Respondents shall include in this section theirfee proposal on the form attached herewith,plus any additional Wbrmational sheets, The completed Fee Proposal Form is included on the following page. (68) GEHRING IF'GROUP ::��5 REQUEST FOR PROPOSAL FOR EMPLOYEE BENEFITS CONSULTING SERVICES RFP No.: 012-1610-18111T FEE PROPOSAL FORM Proposers should use this form for submitting its Fee Proposal. The 11 ng pricing is submi as mail inclusive"to provide financial advisory services ins an ccordce fb OVA tted in this Scope of Work and as set forth in this RFP document. with the requirements identified The Proposers monthly fee for benefft consulting services shall remain firm for the to of the Agreement. The option for renewal shall be exercised upon mutual agreement between Contractor and City, by written agreement with all original terms and conditions adhered to with no deviations. IT UNITP RId—E— fo—Tk PRICE �Fiiid. fief—fee"kr-—Ben�e—rdd-oin-8ue,r ng 1. 12 MONTHS servl�es 6,650 79,800 --T........... ......... —+"7...10)10 TOTAL ANNUAL FEE: S Gehring Group, Inc. —CO—MPANY—NAM—E E(3 626-6797 APr GNXT--URE L1 - ) Kurt N. Gehring tE—LCP—HONE—NO--� PRINTED NAME cindy.thompson@gehringgroup.com CEO and President E-1�AIL0��DDRESS TITLE April 11, 2018 DATE THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 26 COMPLETE AND ACCEPTABLE. RFP No.012-1610-18/IT Page 156 of 665 Page 157 of 665 Tab 7.- Proposal Forms Respondents must complete a nd su bmit the req of forms in order for su bmittal to be considered a"valid response. DO NOT INCLUDE YOUR PRICE PROPOSAL FORM IN THIS SECTION RATHR N TAB S— PRICE PROPOSAL. EINCLUDE IT I Enclosed please find the following required forms: Pro poser's Acknowledgement Acknowledgment of Addendum(s) Statement of Pro poser's Qualifications References Anti-Kickback Affidavit Non Collusion Affidavit of Prime Proposer 0 Confirmation of Minority Owned Business Confirmation of a Drug Free Workplace Acknowledgement of PBC Inspector General City of Boynton Beach Local Business Status Schedule of Sub-Consultants (70) I rCGEHRNG 's Yr�t�72 8 ooff 49 665 REQUEST FOR PROPOSAL FOR EMPLOYEE BENEFITS CONSULTING SERVICES RFP No.: 012.1610-1 WIT PROPOSER ACKNOWLEDGEMENT Submit RFP's To: PROCUREMENT SERVICES 100 E. Boynton each Boulevard P.O. Box 310 Boynton each, Florida 33425-0310 Telephone: (561) 742-6322 RFP Title: EMPLOYEE BENEFITS CONSULTING SERVICES RFP Number: 012-1610-18/IT RFP Received BY: APRIL 13, 2018, NO LATER THAN 2:30 P.M. and time is scheduled for: APRI . 13. 2018 NO LATER THAN 2:30 P.M. 1 to RFP's will be opened in Procurement Services unless specified otherwise. RFP receiv ng da and may not be withdrawn within nine11 ty(90) days aVer' iuch'dat"Wd�t 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: Gehring Group, Inc. Federal I.D. Number: 65-0381295 ............. A Corporation of the State of Florida Code: (501) 6 Area Cod Telephone Number: 26-6797 Area Code: (561) ® F Number: 62"970 Mailing Address: 4200 North corp Parkway, Suite 185 City) Zip: Palm each Gardens, Florida 33410 E-mail Address: cindy.thompson@gehringgmup.com d1 r Aut o u re Kurt N. Gehring, CEO Name Typed�' THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 24 COMPLETE AND ACCEPTABLE. RFP No.012-1810-18/IT Page 159 of 665 A D D E N D A CITY OF BOYNTON BEACH FLORIDA RFP TITLE: 'EMPLOYEE BENEFITS CONSULTING SERVICES' RFP NO.: 012-1610-181IT DATE SUBMITTED. April 1 , 201 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 of transportation, coordination, labor and services necessary to completelprovide 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 to the Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM 03/15M018 DATE 2 03/19QOIB 3 04/0&2018 NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 25 COMPLETE AND ACCEPTABLE. RFP No.012-1610-1811T Page 160 of 665 -7 he City of Boynton Beach Ffnanc&Procmmgnt Services 100E.Boynton Beach Boulevard P. 0.Box 310 Beynton Beach,Florida 33425-o310 Telephone: (561)742-6310 FAX (561) 742-6316 ACK A NQ, EMPLOYEE BENEFITS CONSULTING SERVICES' RFP No,: 012-1610-1811T RESPONDENT MUST SI DATE ADINCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM NO. I WITH RFP PACKAGE FOR SUBMITTAL TO BE CONSIDERED COMPLETE ANQ ACCEPTABLE. Kurt N. Gehring, CEO "Al 7 IG ' T ry' tORIZED REPRESENTATIVE REPRESENTATIVE Gehring GroUp, Inc. April 11, 2018 �PAW -DATE""--,---- Addendum No. I RFP NO. 0 1 2-1610-18/IT EWLOYEE BENEFITS CONSULTING SVCS. Page 161 of 665 The City of Boynton Beach Financelprocurement services 100 E.Boynton Beach Bodevard P.0.Box 310 BoynionBeach,Flom da 33425-0310 Telephone., (561)742-6310 FAX (561)742-6316 AQKKQWLEQQEMEN! QEAQ EbjpUM-N% 2 "EMPLOYEE BENEFITS CONSULTING VICE °' RFP No.: 012-1610-1 IIT RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM NO. 2 WITH RFP PACKAGE FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. Kurt N. Gehring, CEO u ki—NT P4 RE't- REPRESENTATIVE A-VT RIZED REP ESENTAf Mg Gehring Group, Inc. April 11, 2018 --NAME& d6-M-PAN-Y--- -11111111- Addendum No. 2 RFP NO. 012-16 10-1 SAT-EMPLOYEE BENEFITS CONSULTING SVCS. Page 162 of 665 e City Of Boynton Beach FlhamWPmcurement Services 100 E.Boynton Beach Boulevany P. O Box 310 Boynton a Florida 33425-0310 Telephone: (561)742-6310 FAX.- (561) 742-6316 C L E T F nl lun[l�.r ti^ "EMPLOYEE BENEFIT LTI SERVICES" RFP No.: 012-1610-18/1T RESPONDENT MUT SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT F ADDENDUM NO. 3 WITHPACKAGE FOR SUBMITTAL T O BE CONSIDERED COMPLETE TA L . Kurt N. Gehring, CEO P I T T I :.:-- a.w..., Ati U _ . ,. � n . REPRESENTATIVE REPRESENTNE Gehring Group, Inc. April 11, 201 Y .v—ua. ------- Addendum No. 3 RFP No. 0 12-16 10-1 –EMPLOYEE BENEFITS Page 163 of 665 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: Gehring Group, Inc. 2. Business Address: 4200 Northcorp Parkway Suite 185 Palm Beach Gardens, Florida 33410 October 6, 1992 3. When Organized. 4. Where Incorporated: State of Florida 5. How many years have you been engaged in business under the present firm name? 22 Y-eam 6. General character of work performed by your company. Gehring Group is a premier insurance brokerage and consulting firm specializing in the public or. With a unique producer-free environment, Gehring Group provides year-round based team support and value-added services to our clients in the areas of 6-m--pTo—y—ee--be—nerits—a—nUr—is-R-rfia—nagem—enF-s-olu—tion—s. 7. Enclose evidence of possession of required licenses and/or business permits.See attached licenses. Gehring Group: 64 8. Number of employees. 6 11 9. Background and ex erten ce of princl al members of your personnel, including officers. Please refer to ab 4: Qualificafions of Firm/Assigned Staff 10. Banding capacity, if applicable.N/A 11. Have you ever defaulted on a contract? If so, he and why?*No. THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 27 COMPLETE AND ACCEPTABLE. RFP No.01 -1610-1 T Page 164 of 665 12. Experience in performance of work similar in importance to this project. Project $Value Contact Name Phone# Martin County Sherifrs Offics $12 million Yolanda Bills (772)220-7010 mardn County School District $23 million Julie Sessa (772)219-1200 CRY Of West Palm Beach $20 million Jenniller Chdpczuk (581)494-1013 City of Port St.Lude $20 million Claudia McCaskill (772)344-4081 13. Contracts on hand. Included in Tab 4: Qualifications of FirTn/Assigned Staff 14. Largest completed projects (include final cost). 1) U.S.Virgin Islands-Total value of al I lines-$150 m Hlion 2) Palm Beach County Sherlfrs Office-Total V81us of all fines-$80 million 3) Martin County School District-Total value of all lines-$23 million 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: None 3) provide case number and style: N/A Dated at: Palm Beach Gardens, FL hiIT'h y oApril ts daf 20 By: r Name: Kurt N. Gehring Title: CEO (printed or ) typed THIS PAGE TO BE SUBMFTTED FOR PROPOSAL TO BE CONSIDERED 28 COMPLETE AND ACCEPTABLE. RFP No.012-1810-ISAT Page 165 of 665 REFERENCES FOR Gehring Group, Inc. I I Comii_a_n!j_4im MARTIN COUNTY SHERIFF'S OFFICE - 5. _Off-Monterey Stuart, Florida3994 _.-_. Contact Name. _ _._ __- Yolanda Bills-Benefits Coordinator, Human Resources Unit P. _ - (772)2211=491-1 I Is I rI I .0 Company Name: .. MARTIN COUNTY SCHOOL DISTRICT 500 East Ocean Boulevard Stuart, Florida 34994 nt Na a I Julie S0898-Coordinator, Riskloye en Phone: - .... ..—, (77 ) 1 1200 x. 30371 (772)24526 E-Msll; s0ssaj @martln.k12.fl.us Company Name: ,,,,. �.... _.. O T PAL EACH Address: 1 Clsmatis Street, 3rd Floor West Palm Beach, Florida 33401 Contact Jennifer Chripczuk-Human Resources Officer - {ho 1)494-1013 Fax: ail: _. 1) -1 jchripezuk@wpb.org CITY OF PORT ST. LUCIE Add s: _.. 121 SW Pdrt St. Lucie Boulevard iPort St. Lucie, Con#a m - ..._� -� ,. : ®....0 , Claudia McCaskill HR Manager, Benefits Phone: . _._-._...., Fax: E-Mail: -- 1 (772)871-5274 skill i pl.c IS PAGE To BE SuBmnTED FOR PROPOSAL TCONSIDERED 2 COMPLETE AND ACCEPTABLE. RFP No.012-1610-181IT Page 166 of 665 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA COUNTY F PALM I,the undersigned hereby dulr , depose andno portion of the sumin submitted ill be paidny employees of the Cityon Beach as a commission, kickback, reward of gift, directly or indirectly r any member of my firm or by an officer of the r or tion. By: ATURE Sworn n subscribed bere me this y of April 20 1 Printed Information: Kurt N. Gehring WA M _ President TITLE NOTARY PU C,�. _Stateof lori t Large Gehring Group, Inc. VALERIE JEAN E - m MYCOMMOSKNOW071108COMPANY 1 UWWWkW Valerie J. Ensinger FII LL Sf�AM '._ THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 30 COMPLETE AND ACCEPTABLE. RFP No.012-1010-18/IT Page 167 of 665 NON COLLUSION AFFIDAVIT State of Florida County of Palm Beach Kurt N. Gehring being first duly sworn,deposes and says that: 1) He/She is CEO & President -- of Gehring Group, Inc. , the qualifier (Title) (Name of Corporation or it who has submitted the attached RFP ® 012-116110-1611T for EMPLOYEE BENEFIT CONSULTING SERVICES 2) He/She is fully informed respecting the preparation and contents of the attached Submittal and of all pertinent circumstances respecting such submittal; 3) Said RFP is genuine and is not a collusive or sham RFP; 4) Further, the said qualifier nor any of its officers, partners, owners, agents, representatives, empI oyees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other qualifier, ff rm or person to submit a coIli sive or sham RFP in connection with the Contract for which the attached RFP 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 qualifier, firm or person to fix the price or prices in the attached RFP or of any other qualifier, or to fix any overhead, profit or cost element of the RFP price or the RFP pace of any other qualifier, 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 qualifier or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) (Title)CEO & res! erf o Subscribed allm to before me This–VI —nday of April 20 2018 WILEIRREMAREMIUM My commission expires 000FION THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 31 COMPLETE AND ACCEPTABLE. RFP No.012-1610-18/IT Page 168 of 665 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a Part of our files lbr future use and information. Please fill Out and Indic ate in the appropriate spaces Provided which category best describes your company. Return this fonn with your bid proposal sheet making it an OffiCial Part of your bid response. Is Your Company a Minority Owned Business 7 x Ye--i-- W6---- If Yes. please indicate by an "X0 in the appropriate box: AMERICAN INDIAN ASIAN BLACK HISPANIC WOMEN OTHER NOT APPLICABLE (specify) Do You Possess a Certification qualifying Your business as a Minority Owned Business? YES NO X If YES, Name the organization f which this certification was obtained and date: Not applicable (S-6117--j- in Org—anIz—aii—or,—fc)r de—rtift—cj�t—lorj � Not applicable to 86fC a Certification THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. 32 RFP No.012-1610-18/IT Page 169 of 665 CONFIRMATION OF DRUG-FREE WORKPLA6E NIQrill 1,iii-ILE aj&jCMLa Preference shall be given to businesses with drug-five workplae s. Whenever two or more submittals which are equal with respect to price, qualicpr ty, and servicograme are received by the City of nton Beach or by any Political subdivision for the procurement Of commodities or contractual services, a sul 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 fie submittals will be followed if none of the tied Professionals have a drug-free workplace program. Inorder to have a drug-free workplace program, a business shall: 1) Publish a statement no*ing 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 employ s drug use violations. eefor 3) Give eche ploy a engaged in providing the commodities or contractual services that are under submittal 8 copy of the statement speciffed in subsection (1). 4) In the statement Specified in subsection(1),no*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 ntify 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 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 Int statement I certffy that this Hrm the above requIrements. Compiles fully with ro 881 ature Kurt N. G hring I CEO THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. 33 Ii No. 012-1610-18AT Page 170 of 665 PA wry ALM BEACH _ GENERAL ACKNOWLEDGMENT The Respondent is aware that theInspector General of palmc n ty has the authority o investigate u it matters relatingto thenegotiation and Performanceo this tr in furtherance thereof fromthe r r n its r lower tiersubcontractors. n ti The Respondent understands and agrees that in additionto all other remedies consequences provided I , the failure the Contractor or its subcontractorsr lowe r tier subcontractors to fully cooperate with the Inspector General when requested deemed y the municipality o ri Ih this contract t r i tion. justifyingits Gehring Group, Inc. r p Title Kurt Gehring, CEO andr ! nt Date: April 11, 2018 THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. 34 FP No. 1 -1810-9 1T Page 171 of 665 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION 1, Kurt N. Gehring the CEO& President Fe N�m—o I�fIcerof of �company�) � (Title Wof of�ficer of�comp�any) Gehring Group,-Inc. locateda 4200 Northcorp Parkway. mes, Palm Beach Gardens. FL 33410 CN—------- ---- t 1�------- amS of Corporation/Compan)6— (Business Address) Certify that I am an authorized representative of the business and, on behalf of the Business, request that it bed to be a local business for Purposes of the City of Boynton each 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 foIli ng to be true and correct: NAME OF BUSINESS:Gehring Group, Inc. 1. Is t a business located ' fthin the City limits E N-0 Nurn bar of of Boynton each, Florida? Years.X N/A 2. Does the busiin—eishave -a business tax NQ Business rec8lPt issued in the current year? X Number: License Palm Beach Count 002 17782 3. Is the business istered with the Florida YE- NQ— Division Of Corporations? Since 10/6/1992 X I understand that misrepresentation of any tacts in connection with this request be fo removal from the certified local business list. I also agree that the business is may Cause rrered to the City in writing should it Cease to qualify as a local business, quinotify Print Name. Kurt N. Gehring, CEO Signature: ***FOR PURCHASING USE ONLY*" Business License Year Established. Active: Verffied by. Date: THIS PAGE TO 31 SUBMITTED FOR PROPOSAL TO BE CONSIDERED 35 COMPLETE AND ACCEPTABLE. RFP No.012-1610-18/IT Page 172 of 665 Page 173 of 665 Section 8-. Exhibits This section Includes the following exhibits: Exhibit A........................................................BenTekO Online Enrollment&Administration System Exhibit B..........................................................................................Sample Employee Benefit Guide Exhibit C............................................... .....................................Sample Employee Communications Exhibit D.................... ....................................................--............ Sample Reports&Work Product Exhibit E............................................................ ..........................Health Care for /ACA Seminar Exhibit F..................................... ......... .................................Sample Employee Benefit Newsletters Exhibit G.................................................................................................Letters of Recommendation C (71) GEHRING"Fq G R 0 U P Page 174 of 665 I I i E I I I Page 175 of 665 Human Resources& Risk Management E L J E I) viek�" f `f., est.. �evrF'� �j.-� - t � ��,� �`k "' AND BENEFITS F,AIR J T H U RSDAY, MARCH 311T 9AM _ 3PM CIVIC CENTER - 128 E. OCEAN AVENUE, BOYNTON BEACH ENJOY SMOOTHIES,,COMPLIMENTARY HEALTH SCREENINGS, RAFFLE PRIZES,AND SO MUCH MORE! Allemployees are welcome to d ! BIOMETRIC SCREENINGS - SCHEDULE YOUR APPOINTMENT TODAY! Make sure to coordinate withyour departmentsurvisrrst before signing up for the biometric screenings,then employees ill need to access theappointment bsite by the link below. Employees should register as new users to schedule an appointment If they do not have computer access or If they prefer to have the appointment made via phone,they can call,( 77) 7055. http://tinyuri.com/CBB-Blometrics vx«„� „fir Ilk N F v k, v gtF: Page 176 of 665 1 Syt ID 7. is I 1 1 tF t 1 I i 3 , , l I 1 z 1 rr - 4 l I i I � t „} I I i � I I � I , } _ t � � I 7 I I I I I � { , � h t � } k � 1 I � 7 I { t p � r i 7 ,4 1. S t \ 4 , s yy , ,a. r 1 r ! rt ( r �i ,t „ I t I } I t 1 1 , r,. ! t t. 1 i <i3 , 7 6 \ , y { r, ( ! Y I � 1 } 1 # I t # } ( { I \ � i ,i f l } � t 1 ,4 # i 1. I r I ON-SITE ! ASSISTANCE f - online enrollment Open Enrollment iso ilin i BenTek.is an internet internbased benefits assistance will be provided enrollment system that allows you to do the following 24 hours a on-siteI an a I7 days a week duringthe open enrollment period: Wellness l=air. * View all benefit elections and payroll deductions Thursday,August1 Make new elections or changes online •to 2:00 pm. ® View plan summaries and link to provider websites Civic Center Auditorium Designate life insurance beneficiaries 128 E.Ocean Avenue The open enrollment ri to view your benefit options,make Boynton Beach, changes,or waive coverage is August 17th-August 31 st. u may also contact - Human Resources for online enrollment assistance ( 1)742-6275 during the open enrollment ri . Page 177 of 665 r„ �0 s 1 ` Stuart TCMA Urgent Care Urgent Care A ri 77 ' ' Okeechobee 1 ��i �t 7 tii ` Il-t{ �Id� ori i111i1y Int �� } 3405 NIU Federal Hwy, �f` ��' '1 305 NE Park Street. Jensen Bach,FL 34957 �i � � Pl 3' �1 � tii' �jb:t �1`s �� Okeechobee, FL 34972' rr i - ?i 44r t t 1 ^i i t� r�fS tl1 i t t X113 le isr.S}�r t ""111 O o h,Sup i 235 F� 334?] (772) 692-8082 „ (863)484-8154 wwwstuarturgentcare,corn ` '1 `5 + ' 2 "�t� +f 1/�r�` 1 � t"�"I ot1 ��,; ; ,; vrwuv.stuarturgentcare.com ,ri It 1 i � t4H - rr lllflt. 1)� rls: > >i � n a Monday 5:30 am-7:00 pm Monday 7:00 am 6:00�.m Monday 5:30 am-7:00 pm Tuesday 5:30 am-7:00 pm Tuesday 7:00 am-6:00 pm Tuesday 9:30 am-7:00 pm Wednesday 9:30 am-7:00 pm Wednesday �' 7:00 am 6:00:,m �"`{ Wednesday 5:30 am-7:00 pm .,t... . Thursday 5:30 am-7:00 prn Thursda'v 7:00 am-6-00 r-m Thursday 9:30 am-7:00 pm Friday 5:30 am-7:00 pm Frida,r 7:00 am-4.00 z.m �' Friday 5:30 am-7:00 pm Saturday 9:30 am-3:00 pm U„' Saturday 1 5:00 am-Noon Saturday 9:30 am-3:00 pm Sunday CLOSED Sunday CLOSED Sunday CLOSED lg� t X1,114 _ . 1'..I'll, 31, tea 4ti t , l < r RX Refill Line a t Phone: 561.822.1585. Available for established patients. Remember:Upon visiting the Health Center or alternate locations, employees MUSTprovideia valid City ID Oadge and show a current Cigna medical Insurance ID card. Page 178 of 665 4 µ 16, 4Y� S vjY" ......................................................a..e®aeae................................e...........................e.aeam..............................eooe..e............................ma.ae...........................m.o........................®ao®ao......................00e.. WELLNESSCITYFIT PRIZES GRAND AND PRIZE DWI NG ( oGS) Wellness Retreat at Safety Harbor Resort and Spa (Value of$1,221) Location: Harbor, FL • 3nights fspacious guestr cc ti ns a Dailymassages • All meals included 9 Europeanfacial • Access ll resort amenities rooms and dry • Comprehensive nutritional consultations 9 Round trip transportationr local it s • Personal to r iisessions r transportation is included • Daily to s classes and meditation i. . mileage,fuel,airfare, c. • Herbal r r hydrois Is r a Single Occupancy Only. The City of WPO will not cover oulec y. DRAW'ING 3" DRAWING 1 Year Membership ssage Envy Massage and Facial (Value of$780) (Value of$300) • 12 massages or facials To be entered into all drawings employees t t must complete all four quarters of their CityFit ; Passport. i ill be pulled at the Benefits Fair in May, but prizeill not be providedtil June 30th, 2018, contingent upon completion of the 4thr activities. Pleaseit i Wellness r ram Brochure and Pass r r further information. t2�' W,, Page 179 of 665 '' WW51N.f;aiwN iwN - sas wy1A _ — •��` �� ' u „ �U �^l tltz�r, „s i Page 180 of 665 � � t { f e YOUR HEALTH AND, 4 BENEFITNEEDS Medical * Dental # Vision Life * Disability Flexible Spending & Dependent Care Accounts Health Supplemental Insurance 2016-2017 ANNUAL OPEN ENROLLMENT APRIL 18th - APRIL 29th AH Changes Effective July 1.. 2016 n%y TNFd*mfi:j>j Computers ill be available. BulletinWatch Emails.. for all the details! rr d Page 181 of 665 SATUR DAY, M A R,C H 7, 2 015 LOCRION.,- HIDDEN OAKS MIDDLE SCHOOL CAFETORIUM TIME:9:OOAM 1:OOPM 6 W,, IM 0,P t, I X, 11...............llll� 1111" IG Page 182 of 665 i £7. f 1 f� t tifiaYk '� y i 7' #is „rk i - 1 - } �11 — , r _ 1 age $3 of 665 V l r f 204 1 2015' EMPLOYEE BENEFIT ON-LINE OPEN ENROLLMENT BEGINS THURSDAY'JULY S1 — ENDS NOW^AUGUST IS Representatives from Florida Blue, Florida Combined Life, Hartford, Aflac, and Gehring Group will be present to answer any questions regarding your insurance plans. 3 FOLLOW-UP EMPLOYEE SERVICE DATES n ,v ! It !4i• �1 B o e ® • a • • t„ age 84 of 665 S Y 14S3 �4 1 E i .... r, ,A1 For the 2013/2014 Health Insurance Plan Year employee contributions will be increased by $50.00 per month. This contribution increase will occur with the first pay period in January 2014. However, to encourage employee weUness a waiver of this premium increase will be made available foremployees who test negative for nicotine or through completion of a tobacco cessation program for those employees who use tobacco. Both the nicotine testing and tobacco cessation program are at no cost to the employee and are providedthrough the Employee Health Center. How do I quaLlify for the premiumincrease waiver? 1. Complete a nicotine test between May 1, 2013 and September 1, 2013. Nicotine tests ill be administered at the Employee Health Clinic and can be requested at the time of your Personal Health Risk Assessment. 2. Testing negative for nicotine will automaticaLly automaticallyqualify you for the premium increase waiver. . if you test positive for nicotine you can complete a Tobacco Cessation Program through the Employee Health Center to qualify for the premium increase waiver. You must complete the Tobacco Cessation Program by December 1, 2013 to get the premium increase waiver. 4. Employees that do not take the nicotine test between May 1, 2013 and September 1, 2013 or that test positive for nicotine and do not complete a Tobacco Cessation Program by December 1, 2013 will NOT BE ELIGIBLEfor the premium increase waiver. Page 185 of 665 9 1 v9 l s r i rBusinesses pay an for Disease Control Tobacco use causes [CUN tobacco use adds average of numerous cancers $2189 an average of between a ? including cancers of the 1,300 and 1 ,640workers' lung, bladder, oral cavity, Per year in medical costs, larynx, esophagus, cervix, compensation and $1,700 absenteeism kidney, pancreas, artd and loss of productivity costs for tobacco user, stomach... Smoking causes as compared to compared with $176 for 87,11/o of ling cancer cases. non-tobacco users anon-tobacco user. . a , _ ---------------------- w.e-------- - Tobacco users have Tobacco users are approximatet f/ -14 3 0 titnes /o more likety to develop higher risk of hospitalization than k heart disease and non-tobacco users and 2 times more likely to have die 13 to 14 years earlier a stroke than than no -tobacco users.. non-tobacco users. n - Please contact risk management for tobacco cessation programs that are avaitable to you at no cost. Sh C , F1 t linic CSC U 0 .tob 8p 2 Tuesday Oc er 2 014 9:00 am to Noon, Located in the Conference R 149 oom is CSC Cigna embers: Please remember to bringour Cigna t 14{ card for a complimentaryl vaccination. 'k rit�4 lyy CSC en-Cigna Members: The cost is $25 and can be paid direct to CSC via check. If you have any questionsto schedule $zan appointment, pleasec cPaulina n t ext. 2173. Children's �r% U �\ 11 tt yp l rp�1Sit rEyi�t 3 ft� t uyir e'sr ' PALM BEACH COUNTY 4` Page 187 of 665 Page 188 of 665 GEHRING GROUP ' EMPLOYEE BENEFITS RRSK MANAGEMENT i Employee Health Center Re-turn on Investment Analysis City City It 2011®2013 CapacityIl 100% 9096 80% 179E �'- 30% r� 20% w96 I . ,�.� ..r. �. .. .,�..;_ �;. ... .; ,. .., ,. m... R .,. w,.. ., s q re ;,R rc !„ is 11F , GEHRNG GROUP 1 Page 189 of 665 City of West Palm Beach Health Center 2014-2015 Capacity by Month (All Employees) 120% ili`*104ft ions ION 80% 71% 609% re 40% ii W% City of West Palm Beach Health Center 2017 YTD Capacity by Month (All Employees) ',......... BM 40'A 20% Mor-17 Aw'17 MO 11 Jun-27 Jul-27 AM-17 Up47 GEHRING GROUP 2 Page 190 of 665 City of West Palm Beach Health Center 201S-2016 Office Visits per Month (All Employees) low 900 No 700 6W Soo 400 Soo 200 100 0 4; CIZ R�nING GRCUP City of West Palm Beach Health Center 2017 Office nth(All Employees) B62 638 777 817 796 700 615 611 B" aw SOB 500 AN 300 200 100 0 Cp-GEHRiNG GROUP 3 Page 191 of 665 City of West Palm Beach Health Center 2015-2017 Office Visits by Quarter 13, 2p750 2AN z,s ix" 2A17 L200 M2 367 1,755IX47 750 V 251) 0 Q2 Q3 2015 2016 2017 City of West Palm Beach Health Center Return on Investment Study(Actual Capacity Medical Savings from Aug 2011-Doc 2013 mom 0MC@%ism wAn $177 $3,4gS, $112 SLI67,936 1.95:1 ............... 4.S Pxwdpflons 15,352 $log $203,m, in 6BA48 4:1 labnraeey 2,571 $61 $i1S6,i31 $30 1 $77,130 .6Q 170 $Ill.= $17 S27,26S 0121 SubtuW 1 $1.6406729 m.... .... , ErAPIOM 2OA26 6 S26 PCP $m7w $0 savinp I5,352 @$15 RS Tatal SwAnp 2.61,1 -j ........... 9 Z ' ZOUP E FOR I N G G Q 4 Page 192 of 665 City of West Palm Beach Health Center Return on Investment Study(Actual Capacity–TCMA) Medical Savings from Mamh'14–December'14 4�71 X0'7 SUN e5s 'w? 7,0 IM, N1.1 42 —i-—--------- --------- 133 ,,M'V,Awa .......... .......... 9 559 Ism; v79 5 .500 ............ -—------- Is=IN$23 PCF ...............—.......... GROUP City of West-Palm Beach Health Center Medical Savings from January IS–December'15 om vim Me sm laz ties 9 $17 S V_.�.....SAM 116 $776 $102 11-1- JI --- iss�i 44 $2,085 "19 124 $700 f $245 $4LNO PDARRUMI 5213MAN Ina -——----------- ---T WWI wn Sri SITA'as 614 SI .......... so so" S99 143Aov T— s AII L45d Z $, 6 $23 5-inp ww SFARP 2.m;l -—-—-------- t ................ -—---- `G GROUP GEHR 114 5 Page 193 of 665 City of West Palm Beach Health Center Ritu—Ir-n, Medical Savings from January'16—December'16 -——-------- pe MORD Sias I U 6.04:1 th Sm Sam 7.61:1 Do NeWSID S778 W�M hH�, Was VSWAP"", $BID $30AW 22311 FF Anmal Phys 175 $700 $265 PD A!n 75 Sm WAN $214 321.1 S1,49.523.1 Lobomm ZEN Sias ........... 024 E.W". oso So %009@0617ft tri .. ........ ........... ........... ..... !NG GROUP ............. City of West Palm Beach Health Center ity—TCMA) Medical Savinp from January'17—December'17 .. .............. .. . ........... ---------------------- $17 L94:1 . .... 8776 $21LB70 ..........7 .. 7! FMM MH Pho 22 a2ml . ......... FF Annw,Ph" $12"N $44400 Vol PD Annual PhP; 70 $214 $1484 x.fa.a $136 475 OWN a~ Saw,= I 3,3161 617 Rx Lmpl%— 62S PCF Uft, G;644 R 1,N G G R 0 U P 6 Page 194 of 665 City of West Palm Beach Health Center tf —Investment t Medical i ° - r` 7 $$891,904 1&2:1 PMbIpwM 2fi,227 $109=$116 57,lIOS71 $27 I 5445159 6.64:1 Om H"Ith 9,1 $776 ,971 $162 $319,056 7611 . aM� FF&PU NNP 1 $2,025 $910 $134,680 3.29.1 F�P 692 $706 $345 $18,540 2.16:1 PO AmuW Php 332 $902 1 $214 $71,0 2.11:1 Lha 7,193 $61-$130 $14 $112,712 7.90:1 dl® 2,269 $70-$75 $0 suk" ,911 $4.16NM 1'd EMPIURO 24217 0 US PI2a 5 $® Sa 26227 $15 $17 7W�I9Mnp 519,19x. 6 54.144,799 1.741 �., uN+i9 aa9A.+3 Yd.mamax„3da4 City of West Palm Beach Health Center Presenteelsm Analysis s 2034 2011 =17 TOW Offleevidt9 5,552 7,636 9,642 6,522 24,352 Time Saved per 2 2 2 2 2 M (hr) I Aug. oud a $27.59 $27.59 $27.59 $27.59 $27.59 Cost Avoidance ` SO359 6. ,14'354.48 $475,453-56 $N9 _3 5 + $ , 95.3 Page 195 of 665 City of West P aim Beach Health Center ActuaB tment from October'16—September'17 ..... -------............. .......... FF Annuel P". 214 —PD 93 UV12 1,1MM M6 75 SubWW ...................... .......... ............ AN 0 S25 PCP OWN Emp"SB*W $17 Rac ——-------- TOW WRF 14"t, ............ 2-M4 �,,-EHRING GROUT 8 Page 196 of 665 SAMPLE CLIENT GEHRING GROUP 1kM1p&,0V11 allithfS I WIN M44ACIIIINT Medical Insurance Renewal Projection �ffective: ! l 1, 2018 I-TO, Total Medlcal and Pharmaclai = 15,036,247 Less Capitation $ (671,188) Less Large Claims(8 Claimants Exceeding$200,000 Specific Deductible) $ (Imopo) Net Claims = $ 12,765,059 Maturation Factor(Completion) x 1.05 Total Incurred&Paid Claims = $ 13,403,312 Effective Trend for 20 months(10%) x 1.1722; Trended Claims $ 15,710,859 Plus Capitation + $ 671,188 Account Claims Liability(8 Claimants Exceeding$200,000) + $ 1,600,000 Total Trended&Pooled Claims = $ 17,982,047 Average Setback Lives 1,521 Credit for Plan Changes(-1.4%HMCM-8 Months) x 0.991 Average Paid Claims Per Employee Per Year 11,712 'Current In Force x 2,528 Expectsd Claims Fixed Costs Administrative Service Fee(No Increase) + $ 666,514 Reinsurance PremTurn(15%Increase) + $ 1,683,960 Total Fixed Costs 2,35O474: PPA CA-Comparative Effectiveness Research Fee(S2.39 PMPY)* + $ 7,619 20.254.292 Total P $ Current FLInding for this Period(based on current enrollment annualized) $ 18,754,243 Recommended Annual Funding $ 20,254,292 $increase Needed for 201&2019 Plan Year $ 1,SW,049 %Increase Needed for 20184019 Plan Year = 8.0%1 HRA Funding for 2018-2029 Plan Year + $ 4,059,000 pBall Projected Cost for 2018-2019 Plan Year v $ 24,313,292 turrent membership®3,188 Estimated claim reserve requirement 60 days: 2, 41 This projection is for illustradve purposes only.increased plan uti1 andlor catastrophic events could affect overall plan pedbrmance. Page 197 of 665 7 4wa CL lzl- t }, fi 6, 1 d," 40 4 ih'. hn ItSa' a IA- ass46 mei , W tO 40 M, 10, Baa 46 46 W1, 4W , rxr 4 �, rear 44 8 - 4� v i Page 198 of 665 -------- D .9, IR 0 1A 4A V� Hill I z ,w w .L"0 L 0 xe u1p n 0 R IAQ 0 ll® � K. *% IN V� 4A t4 61� 4m • '01 E �4 C41 4. ui Page 199 of 665 9SISMIS z ® e" ==t= , N T,ri ' UJ 0 .c T n ,a I 5 T i T 5 48'ZZB$ � a (i f F L 'Z9 V cc 0D E .a vsz,gL _ Oa. n S ,TSM O E r4 ti Z -Z97 u us ......... ................ ..... Page 200 of 665 SAMPLE CLIENT Stop Lossi l / r i lis Claims Period: 'o ®,r lot's Claimant Pard Claims $200,000 $175,000 , 000 1 $220,760 $200,000 $175, $150,000 2 $192,476 $192,476 $175,000 _ $150,000 $ .3,31 $183,318 $175, $150,000 _. a _ $ 4 $179,049 $179,049 $175, $150,000 $178,782 $178,782 $175,000 $150,000 $146,701 $146,701 $146,701 $146,701 $130,467 $13,01,4167 $130,467 $130,467 ................ $127,005 $127,005 $127,005 $127,005 ,454 $118,454 $118,454 11 , 1 $97,066 $97,066 $97,066 $97,066 ......... 11 $89,493 $ ,4.3 $89,493 $89,493 12 $88,931 $88,931 $98,931 $88,931 1 $88,426 $88,426 $88,426 ,426 ................. 1 $..1,124 $81,124 $81,124 $81,124 15 $75,970 $75,970 $75,970 $75,970 1 11 0,134 $60,134 $60,134 $60,134 17 $57,138 $57,13857,13 $57,13 1 $55,796 $55,796 $55,796 $55,796 1 $55,679 .. -. $55,679 $55,679 $55,679 2 $55,320 $55,32 55,320 $55,32 .__ 1 .$53,580 $53,580 $53,580 $53,580 2 $52,700 $52,7 $52,70 - $52,700 . ..._23 $51,077 $51,077 $51,077 - $51,077 2 $50,901 $50,901 $50,901 - $50,901 ) Claims Cost $2,490,34S , _ $2,410,961 , , 1 ) Stop toss Pays $20,760 $79,384 $204,384 c) ISL Premium $552,758 $625,996 $782,133 ) Aggregate Premium $36,795 $35,506 $34,024 rot l Cost , ,1 3, _, 11 varlmMe;;Mpurestcot QP n $13,325 $42,9!80 For illustrative purposes only. Page 201 of 665 IOL lzl- LO . rq n � u► v► v► v►I en ' � +�► 0 'j k s ui go LnLn Lq In m 14 m In us 4A v► ilk in 41. v► ok` irk 4& 46 I i .._..._._.......,_... M rlN NI Ln 1m43 � N `N N N N N mr Q N+ I m M1 M RI Uk'.. VF V►� N qs J VF, ifk iQ 40 M1 rim W .. ,. __.. .. ,...__.. _ '..... ILn En ni N N: Nto :Ln _ Ln VI n w06 ' '^ 3 ChN GoN ° m N m w N ®CL Ln N n n `.° N w nUl LU wo 14 N n N 3m. N A r[ +rte 10 r m h Ia rl N � t .I1 E emvffn [ w N h � V ink irk int vk in I � w +A in ilk in" vk, �► d A LL, Page 202 of 665 a� a C Ni Cw i Cs LU co 0 C3 C3 0 i � s 0 rW0 OD A tn c-6 Page 203 of 665 05 M LU 12 Qj W LW LA M W it} tS�zF w 00 ��ti,tisl t3, mm }r}ri,S I �OR�,,gM� G Qj Rm r r+! rmko N W4 E Ln mry LM m viin cc Lfjr -� ` eq �.. ". ht w l tq en. 9 cm Lq 71 cn A LCA6 Ln en N r�E r Ea ffi m NCL °' �'P- r4 91 N Do Goim W4 OL W L iD ' OV-1 1 LU cc LU � � s t� !0 i tuj Z 0 - _- LC z � w Ln cc v� �C 0! 41 r t E CL E ,o ff i u a ,N Page 205 of 665 H. sif r, ........... s Ong um�v� win s i m V011% w T1 t l� n WFr5 96 f $ y"I'$ I am IL RL k ` iR M w cn A ern °rzOs VNIM wt ., _k . � } j I=M ps qWffaWOq Z ry r a r aR AI m i � 5 i Page 206 of 665 3 d Page 207 of 665 & GEHRING GROUPRefresh: Minimum Esiential Coverage& Applicable Large Employer(ALE)Reporting -A rF.,vle%f of the 2017 Forms 1095/104 B and C 2017 Form 109411095 Reporting -The sizatrz of our filing vendor partners and Healthcare Legislation & -A mview of newly vWlable BenTelt reports to asslst in ixalidatft data Guidance Update Webinar a Refresh -What's New �Review samples or,st 011�1 Employer Health Insurance Reporting Refresh: MinlM.-JO EsSential icable Coverage& 'ApplLarge Employer(ALE)Repoiling Sections 6055&6056 of ACA. 1, Issuer/ErnplaFyur replar tingof rninimurn essential cmerage(ME,,-.)far plan subscribers ............ .......... ........ . ......... 1, 'N I RdreW. Minimum Essential Coverage& Refresh. Minimum Essential Coverage& Applicable Large Employer(ALE)Reporting Applicable Large Emp!qr� )Reporting MEC 711 Sections 605S&6OS6 of ACA: Reporting: ,,r,"A'Q repor-fng of nn, sponsz,,re,,l ,,,ige, 01 o-t er,love n srr Ii e ra 27 i t1111V S,q ty i!Em 0.G.R169 Page 208 of 665 Refresh: MINImurn Essential Coverage& Applicable Large Employer(ALE)Reporting Form 11095-C(Part 11) ALE Une 14 Codes for types of coverage offers Reporting: R hbMlnll,, A efres. e LA Fo Pp"C ALE Reporting V, q f1l, .......... Form 1095-C (Part 11) Refresh.- Minimum Essential Coverage& Applicable Large Employer(ALE)Reporting .......... MEC "h"", w Reparbl ff7-7-- 444 —----------- Refresh- Minimum Essential inimum Essential Coverage& Applicable Large Employer(ALE)Reporting Applicable Urge Employer(ALE)�eportlng_ ............................... UWw IN P* NBC Imaw Umdwm Be no DGE DOE ON a KA NA NBC IRMW at ff w WWOMM w bomw I NA EN14M I EIVWW BTWW own F* CWW CMI&Wmow Mftw Nft. M F* Offff NICK In DWOM wM Nme own Be KA mm HA bk*fw OWkw Ew^- NEC a hwmw Owc (IN&C OW-4 ODW ENDUQ or ORP Offiff Poto) PMINI Pad% r 2 Page 209 of 665 What'sForm 1094-C What's Now—Form 1094-C ............ .............. Fann 1OWC ..................... ....... fd. ........... -Mr TY, What's Now—Form 1094-C What's Now—Form 1094-C ................. .... .............. FbrM IMC �!- FbM log" Part Ill. CM0711— Vt"l,......... RIMY Mum ........... What's New—Form 100,44 What's- Now,—Form 1094-C ftvm U94-C Par ash Mrt Hh. V—dy . W, -1 L Wuvv,?T-wF Page 210 of 665 What's N -Forrn 1095-C f' �-Foy 1 F 109 N OrM What's New- Form 1 t' rvn I Form 102Foes laftyc Una 14 Cod" 7, AL Qwjaz M j 5st , m 02., What's n to .. w —7 .. Una M Cadal Line 15 Codes DUMB-W fcir''t s " f Itr nm =n I'd a Ald xTaGY.4b?Fhi dN,but c 4 Page 211 of 665 What's —For Other 109415 Considerations v � � r Natuble UPdatn-- Urm 16 Coda 1i ii, E. Other 109415 ConsiderationsConsiderations Other Notable Ilam G rns: AE, „ ... } h t t ,rr�fs u�u Other 1109415 Considerations 2018 Reporting Deadlines � 145, 1 ro ioyeas January M.2018 Submk Forme to IRS(Paper Flier) Febuary2t 2016 E _< E��` Submit Fame to IRS(C-Fier) Apol z 2016 5 Page 212 of 665 Other 1WV5 Consideradart s Other 10,945 .................... ......... Resources EH NG GROUP .. ................. .......................... Responding to M Letter 226 J 0 r ..... ....... ............. 'a!,,I fuctiorg IMckgrou nd-What Employers are Sued to Background:What Employers are Su bject to Employer Shared Responsibility Requirements? Employer Shared Responsibility Requkements? llmsWd "'Lang"a "'nool em o,,',v1,ddeve,,d zx,,geflw', Cnie In pftl"yenal, as ple controve".1 0 + "w"c"'Or-,-F,,CSM'k-n: rfat 6 Page 213 of 665 Rackgrouft: hat Is the Employer Shared Background:: I the Employer Shams Responsibility Peng nlliPenal f."m kq,a,a,"s"",tt3)drJa,tY„.1"Og s.,'sa,a"m(a) e4taaije tea air 1,,6sai2fim ;,,ia<a�a:�ar,atV4.,ud,t ., ,7ltsrtarWi d r,raae,?,x<II czr are, �r ?s:r..ev.t,1'm:Np ,r;us E R' 'a3WjF:avae?sa,N n p.'aS;rs,.r,owith"UDIC,air,mrw,.: as,rt,il aar kv w,,I, r, x a ,.t a t I, u n.,iara,;,hrtfi�� ra�o-�a,a,r,ls a�t ,,,ed✓tm D syta s Mv,a a^.;w tri rd St 4c r'o°r to,a rn r a r,Myw., n ".f,„ar rwe za,a i-ta,ai.a,at,.tdPrka,�xt,aaysr V .,.�.gll a ;- } .,n�ii%sa,�riw aa,a,a na un,Oa,a�i?,i�r,r,�a: P>e , t ,$2 r r�x r+V,iy NArre Mo-aay€ yea,% Ua , naokly .1U for the,?"Nrr + (A g,=r,, ,a,tC,iu.�ar?i'T"Sar,,13-a rnx,at-.ra.,cxori..am,asN,i„aa,.,visU, i ,t.,�^�,ir,ar',}FC'r„�r Soli,«&) But tr”te,PpplicUWepL.nah',y,sthe vrolo'OFV'1JR0 "m 2,11”"a5 Uri i-.„tc S,,,jhlve,-�,ix,9."BC.dMi? L F IRS Penalty Notice 4?< PenaltyIRS I Process ConsiderationsResponding a not t�ss4a �+,v}a Mt r 1(r€ `4frd C Q �2'C7. �sj mc,,elv 1 ti 22,1-V €Y\\,v { s, it�'t��S,tA�,. .�i$s2�ititm ^,vYvt't6(SS�f`Oofr& narc"� SrperSf�( &aPms2E."a sr Ov Opp a�mhar 4l Jaz,H ;, a„t r t H""hart Nnav not,be, �s�,;,zaasasa� t�3➢�tt„ bn4:�c'SP.ar SS't'ySt 6Wt i.*:.�'h"¢,at'r",€lls dd.f E ..sad° �.attm+.sasm s^ c,� li P� tY1 d rdu as {{ to t>plw 19' -d"W" lyki,01ftmO"ImA#M&& kAWIWA, _ d�.sYs�pBtlS vhs Sr amara,, i�SYSk@.Y}7!r t ?Y bzim I Considerations i n:ireg Considerations in Responding s 3aSEs", t Ee� ,..a?rYf day a4.r?,fi.” 4„,.' ,.Y .�¢Nv.1u SI k.}omatader,,;ai{v3��-ar” 'oneyFavarS��v rv?a„?,a,4:s.Na s.P.4,a➢�'�1 � ,.7I'"�fi:�'vit,�a2'. ¢'+se-r ak4 a'.,r,.,,S r. a aSsd xa� Amrnmene,a,r ca"pwo,,Yd „a„AM, ter UM be P,a..av,6-:.a,led as R"Po mf of w L.ai"„a„- e<Str ,t ar; sahrsl,,ap lis to '+ad,m,,,,a,lsN ;tr.Y�.r`aa'”3Yayv�J,arwd��?,vT,v7drd"n,psY'«.'.€ to`eta,; Considerations in Re-sporifffirig Considerations in Responding ............- Esitenslor,pastsIble? ConoWer HWAA privac,,VIMS-A 510 In responding vs. MAAA,oMy pernIts txe or dW,',knure PPO for cent.'sn No farrrml ortt,rWon roquesot process penrOtted pupwws C"onta"n agem,and nquut,rewanadr addf%0mW - a(dpand,"S On-AMM Of rwe"� 'Jim HIPAA ownm'Mw @X61"u,hwe ,pedad of t SF cont,01 O-m6-wwxw 0, 'Wfi A� xx S& or crm"e's) � -rant offfenant tderarr P, ERNSM, .am pdaymum',Rolm GET CONFIRINIUAMON W WWVPVG� w4sfing,to berwflts 'Perm nnbar ff(a)penWty dopsnt Pppy-bhey'IR nnungar On krnpiwymn row how S Mwg e emnplvpwa V,)(b)pen"'k'Ity so ru"Se"mi be"Ibet,respardinsi LIM ............ Healthcare for &Legislative Update Healthcare Reform &Legislative Update ......... ---- 216J,Ufrtens-41.980H Proposed Peneftes ,T)Heafth hnsurance,"nix�est,�,-3,s%or,'FuHY Insure-it, "R ',Reporilng Dead nes�n de}syed uo-dsote ind Mediaal Devk-,e Thm(23%)rep,,ea .094/15 at Mi poftei cari't recehvefles witfl fWG,4anuary -Omnibus Wfl-Dei�em iber 22(12 o NoUce of Sene,"I"US,&Fayrr*nts 21sperdng t,sfflsj &HHS In'teerpret'I'Ve O"Mancv. ,,Exrnutivi C),rdw -Cz-dMac Rox-wnpopublrffio movennent-,ahOvAtrd ?V,LR Fund2020 Euem,,W Health N,,miffla;deflruitions At lnduslons -IndIvIdual Pvlandwqe Compromise MH N ,ndmWsvRVor, 1IRS11MIS ..rMO-aidd0donals U rnibon irg,,nnsurred by?CY24""", Healthcare Reform&Leoiglafte Update Questions? E.,xecutive Ordev—VD/12 Nsonbld-lan HeWrdh Mma unong uvwt4med EMSA erotkdes, -Short termi Wnfted durathun ooNdn, Muirm.,NAJaxander Nrz�WO„a,I&Serator nw..2 i$ iI t 5,h a r E n t 'und gReduodonr madlux stabMiaflan effzx+ MurBrW99 funding-CS Nsfion mw 2,fews to P_ aflerft "1 41 Page 216 of 665 CZ GEHRING GROUP BenTek Client Data Review �MFLDTH SupmowtioW'10`341109,5 F11,ing Vendors BenTek mmmmis Client Date Review Resougve to c"Pents using alternate vendors, onthly ACA Audit daUM"hin a spedfled datc,anop Shodd be rrw!vi,,md p-n-1-or,to exparildig dalm from lmporrtm nove fffirgremAcm UP qC"'Pop IS F Monthly ACA Audit MonthlyACAAudit ............ 0 1-,)e Run repovt for V-1 12017 m,1213 1/M 4S,"? Descdpfions of the tabs in the Exel Me can be found Monthly I Review hAontifly A-CA Audift,and mge applicable conrections by December.22r�d,201 BenTek Export Deadlines Monthly ACA Audit—Tab Descriptions Rolaw MoMMV ACA MR and maka oncember nal,=7 appa-lulm cum-d—by. ACA Track-Dab malkhlm Mar miew In ACA Jon mV46,2018 Twk om Dandrme to app rm ftrms far fulfillmants Jan 6my 191 20M GmAmW-Data film mailabin far raymnu on! Diummmhar 10,IM7 a Wath app nfarfaHillm January 211-%2ale PA mmuninondmd hV Jan ZPJ mammin"-cmap film wart wamble ftr janum"V%2012 upland an: FI nw DwAlfin to amplals Word A Sahrrift JmnLwy 13%,2M ru. ......... 10 Page 217 of 665 M Monthly ACA Audit—Tab Descriptions Monthly ACA Audit—Tab Descriptions Monthly ACA Audit—Tab De3criptions Monthly ACA Audit—Tab Demptions Month ly ACA Aud it—Tab Clescri ptions THE END ............--", 11 Page 218 of 665 N Page 219 of 665 rGEHRING March 8,2013 r" GROUP COMPLIANCE UPDATE EMPLOYEE BENEFITS I RISK MANAGEMENT IRS Reduces HSA Limit for Family Coverage for 2018 OVERVIEW On March 5,2018,the Internal Revenue Service(IRS)released IMPORTANT DATES 2 ',It Ll_U,,1 to announce changes to certain tax limits for 2018, Including a reduced contribution limit for health savings accountHSAS). January 1, 2018 The 2018 contribution fiml-113 for The new tax law enacted late last year--the Tax Cuts and Jobs Act® HSAs became effective. changed the consumer price index for making annual adjUStments to the HSA limits.Based on this new index,the IRS lowered the HSA contribution March 5 2018 limit for individuals with family coverage under a high deductible health 0 plan(H D HP)from $6,900 to$6,850,This change Is effective for the 2018 rpie IRS annwnced that the HSA calendar year,The IRS'ether HSA and HDHP limits for 2018 remain thecontributi I on limit for farnfly HDHP same. coverege is reduced'for 2018. ACTION STEPS Employers with MPs should Inform ernployees about the reduced HSA contribution limit for family HDHP coverage. Employees may need to change their HSA elections going forward to comply with the new limit.Also,any individuals with family HDHP coverage who have already contributed$6,900 for 2018 must receive a refund of the excess contribution in order to avoid an excise tax. HSA/HDHP LIMITS Each year,the IRS announces inflation-adjusted limits for HSAs and HD Ps.The adjusted contribution limits for HSAs take effects of the next Jan. 1,The adjusted HDHP cost-sharing limits(minimum deductible and maximum out-of- pocket limit)take effect for the plan year beginning on or after the next Jan.I g The IRS originally the inflation-adjusted limits for HSAs and HDHPs for 2018 In May 2017. The new federal tax law,which was enacted at the end of 2017,changed the consumer price index for making adjustments to certain tax limits,including the HSA limits.Using the new index,the IRS reduced one of the HSA/HDHP limits for 2018—the HSA contribution limit for individuals with family HDHP coverage.This limit is lowered by$SO— from $6,900 to$6,850,effective for the 2018 calendar year,All of the other HSA and HDHP limits for 2018 are unchanged,and remain the same as those announced by the IRS in May 2017. GEHRING GROUP 51 EMPLOYEE BENEFITS I RISK MANAGEMNNT Page 220 of 665 IRS Reduces HSA Limit for Family Coverage for 2018 The following chart shs I l Its for 2018,as adjustedr the IRS'recent guidance. Self-only , HSA Contribution Limit Family , HSA Catch-up Contributions Age 55 or,older $1,400 $1,OOO No change (not subject to adjustment for inflation) HDHP Minimum Self-only , Deductible it change HDHP Maximum t- Self-only $6,650 $6w650 No change of-packet s i it iV S13,300 $13,300 No change Group Brief is any disc ussion or plMons'b construed sic . for Ia6 advice. Page 221 of 665 rGEHRING November,13, o1" riGROUP COMPLIANCE UPDATE MPLOY99 BENEFITS I RISK MAN ENT p Final Forms & Instructions for 2017 ACA Reporting - Form 1094 & Form 1095 Released On Sept.28,2017,the Internal Revenue Service(IRS)released fln 2017 fbr for reporting under Internal Revenue Code(Code) Sections 6055 and 6056. IMPORTANT DATES 2017 For !224&and JD2FL&(and related ingr1gLfir ,?njs are used by applicable large employers(ALEs)to report under January 31,, 2018 Section 6056,as well as for combined Section 6055 and 6056 Individual statements for 2017 must reporting by Al-Ess who sponsor self-insured plans. be furnished by Jan. 31,201& 2017 Forms 104=k and jQ2L-R(and related:1jrstLu � L tQ0,5)are February 28, 2018 used by entities reporting under Section 6055,Including self- IRS returns for 2017 must be filed by insured plan sponsors that are not ALEs. Feb. 28, 2018(April 2,2018, if filed Final instructions for 2017 were released in early October.The 2017 electronically,since March 31, 2018 forms are substantially similar to the 2016 versions,except that is a Sunday). sectlons related to expired Section 4980H Transition Relief were removed. 2017 Forms and Instructions The 2017 forms and instructions are substantially sir it the 2016 versions.However,the following changes should be noted: V r, Several forms oftransition rellefwere.available to some employers under Section 4980H for the 2015 plan year(including any portion of the 2015 plan year that fell in 2016).However, no Section 4980H transition relief Is available for 2017. As a result the 2.017 instructions for Forms 1094-C and 1095-C were revised to remove references to Section 4980H transition relief.In addition,Form 1094-C has been revised to remove references to this transition relief. Specifically,the following two sections on Form 1094-C related to this transition relief have been designated as'Reserved'and should not be used:Part 11,In the'Cocations of Eligibility'Section on Line 22,Box Q and Part III,In the'ALE Member Wbrmation- Monthly"table,column(e). Both individual statements(Forms 1095-B and 1095-C)include an'Instructions for Recipient"section, On both of the 2017 Forms 1095-B and 1095-C,the following paragraph was added: "Additional information. For additional information about the tax provisions of the Affordable Care Act(ACA), including the individual shared responsibility provisions,the premium tax credit,and the employer shared C:mrj G E H R I N G-% G RO U P 1 EMPLOYEE BENEHYS I RISK MANAGEWNT Page 222 of 665 Final Forms & Instructions for 2017 ACA Reporting - Form 1094 & Form 109S Released responsibility provisi ,see www.irs.gov/Affordable-Care-Act/individuals-and-Familles or call the IRS Healthcare tli r ACA questions(1-800-919-0452)."lra Both sets of 2017 instructions incl ted penalty amountsfor failures tII returns and furnish statements in 2017.The adjusted penalty amount is$260 per violation,with an annual xi (up frommaximum f$3,193,000,for 2016). The 20171 rU I sf rForms 1 n 1095-C clarify that there is no specific code to enter on line 16 to indicate that a full-time employee who was offeredcoverage either did not enrollr waived the coverage. _, 1Y' ",The 2017 Instructions f r Forms 1 and 1 include additional information for employers that have errors on Forms 1095-C. Specifically,the instructions indicate that Forms 1095-C flied with incorrect doIl r amounts on line 15,Employee Requiredtri ui n,may fall under a safe harbor for certain i i iserr rs.The safe harborgenerally applies if no single u in error differs from the correct amount by re than$100.If the safe harbor applies,employers Will not have to correct r 1095-C v i penalties.However,if the recipientelects for the safeharbor not to apply,the employer may have to issue corrected r 1095-C id penalties.For more information, x, , -,t,' 1 '` }+,t¢„r �t,i3szt4t's4c�°zit tis � !�`��,,"',. 171 rll 1 sf rForms 1 - 1 - cl rl that reporting for catastrophic coverage enrolled in through the Exchange remains optional for 2017.It was expected that health insurance iss rs and carriers I required report thiscoverage i i i 2017.However,the instructions clarifythat reporting s r is coverage enrolledrExchange ill remain i I for coverage in 2017(filing in 2018). Vs ��` .1i d' ��. ,, r , d Both sets of 2017 instructions cl ri t t all returns lie it the IRS must be printed in landscape format. It is especially important that hand produced forms are prepared and flied withint e formats r cri 1 . In addition,a prior draft version r 1 for 2017 clarified that the Vlan StartMonth"box In Part II of Form 1095-C wIll remain optional fbr 2017.The instructions r 1094-C and 1095-Cindicate this box may be mandatory for the 2018 Form1095-C. Delivery Filing Deadlines With no anticipated extension from the IRS for the distribution of the 2017 forms,meaning a due date to send to employees January 1, 18;and a due date to eletronicallyI rms with the IRS by April 2,2 (since March 31 falls on a Sunday); it is very important to ensureprior to year end that your records r complete ccr ,i order t afiling deadline. Attention BenTek Clients! For BenTek users,it is important to review update your entitys plan participant data in BenTekr accuracy and completeness. ssis you In this effort,BenTeks developed the Monthly ACA Auditt v available under the Exports section. The Monthlyi ill provide a full report of data that may be potentiallyinvalid,c n icin , This Gehring Group Legislative Brief is not Intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. Page 223 of 665 Fina I Forms & I nstructions for 2017 ACA Reporting - Form 1094 & Form 1095 Released r missing fort reporting. iirators are stronglyencouraged review audit i r i n r the report periodJanuary 1,2017 through December 31,2017 ,and at year end,and update the employee records resolve Identified concerns. Some of the mostcommon issues Include: Invalid r mlssing dependent social security numbers(i. . 's entered as consecutive numbers or all numbers with the same digit) Waiting pl (i. .an employee's coverage start date falls outside the calculated effeciv to based on entity's waiting periodr benefits) No status record(i. .employee is not Identified "retired",or" ") terminatedEmployment status ill active(i. .the n fit class r a terminated employee does not have a termination ) Job End Date discrepancy( job(thejob end date of the LASTjobi t s does not have the same date as the termination datof that actives).For example a retirement r 7/18 and retiree status coverage is entered as beginning 8/1. The correct r for the activecoverage ter woulddate 7/31 -the date in whichcoverage ceased for the employee,rather than theire retirment date. The complete xport guide for the Monthly ACA Auditisincluded II i s.If you have any questions regarding the export, I your BenTek accountr for assistance. This Gehring Group Legislative Brief Is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice, Readers should contact legal counsel for legal advice. Page 224 of 665 S t Hitt i ti t`�5 �� 1 � f{{�``(\ Brought to you by Gehring Group EEOC FINALIZES WELLNESS RULES UNDER ADA AND GINA OVERVIEW ........ .____ On May 16,2016,the Equal Employment OpportunityCommission (EE0Q Issued n l rules that describe howthe Americans with Disabilities Act(ADA)and the Genetic Information Nondiscrimination (GINA)apply to employer-sponsore wellness programs. The fin I rule provides guidanceon the extent to which The fl nal rules'n otice employers may offer Incentives to employees to participate in requirement n incentive limits wellness ro r s that ask them to answer disablifty-related applyof the first day of the questions or to undergo medical examinations. first plan year that begins on or Thenal I r l clarifies that an employer may offer a limited after Jan. 1 s 2017( r the health incentive ton employee whosespouse rovi s information about his plan used to determine or her current or past health status as part of the r to is wellness amount of Incentive). program. AC.TION STEPS The nal rules provide long-awaited gui nc on how to structure wellnessprograms it ou violating the ADA or GINA.Employersthat sponsor wellness programs should ork with their Gehring Groupteam to determine what changes,I nye should be madeto their weliness programsdesign to comply ith t 's final rules. WELLNESS, PROGRAMS Design Many to rs offer workplace wellness programs as a wayo help control health care costs,encourage healthier lifestyles and prevent disease.Wellness programs can be offered to employees as part of an ernployer-sponsored health plan or separately as a benefit of employment. Many of these r ask employees to answer questions on a health risk assessment(HRA)or to undergo iom tris screenings for risk factors(such as high blood sur or cholesterol). h r wellness programs provide educational health-related information or programs that may include nutrition classes,weight lass and smoking cessation ro r ms,on-site exercise facilities or coaching to help employees meet healthgoals. GEHRIGROUP1 INSURANCE BROKERS&CONSULTANTS Page 225 of 665 Wellness r r Incentives can be framed s rewards r penalties and oftenthe form of prizes,cash,or reduction or Increase in health care premiums or cost-sharing. LegalConcerns Employee wellness programs must be carefully esi comply i the ADA,GINAother federal laws that prohibit discrimination based on race,color,sex(including r n ),national origin,religion,compensation or age. Additionally,wellness programs that are part of group health plans must be designedto comply ith I 's nondiscrimination requirements,as amended by the Affordable C (ACA).Under HIPAA,health-contingent wellness programs are requiredto followcertain standards related to nondiscrimination,including standard that limits theamount of incentives that can be offered.The maximum rewardunder HIPAA for health-contingent wellness programs Is 30 percent of the cost I ( r 50 percent for programs designed to prevent or reduce tobacco ). The ADA prohibits employers with IS or more employeesfrom discriminating against individuals with disabilities. Under the ADA,an employer may make disability-related inquiries and require medical examinations after employment begins only if they are job-related and consistent with business necessity, rHowever,these inquiries and exams are perrnitted if they are part of a voluntary wellness program. Additionally,the ADA requires employers to make all wellness programs,even those that do not obtain medical information,available to all employees,to provide reasonable accommodations(adjustments or modifications)to employees with disabiiities,and to keep all medical'information confidential. LINA prohibits employers with 15 or more employees from using genetic information when rain (_ decisions about employment,and it restricts covered employers from disclosing genetic Information. It also restricts employers from requesting, requiring or purchasing genetic information,unless one or more of six narrow exceptions applies.One of those narrow exceptions applies when an employee voluntarily accepts health or genetic ser=vices offered by an employer, Including services offered as part of a wellness program. FINAL RULES The final rules provide much needed guidance for employers on how to structure employee wellness programs without violating the ADA and LINA.Most Importantly,the final ADA rule provides guidance on the extent to which employers may offer incentives to employees to participate In wellness programs that ask them to answer disability- related questions or undergo medical examinations. The final ADA rule does not apply to wellness programs that do not obtain medical information but simply require employees to engage In an activity(such as walking a certain arnount every week)In order to earn an Incentive.However,employers must provide reasonable accommodations to allow employees with disabilitles to earn the incentive. This Gehring Group Legislative rie is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal 6unsel for legal advice. Page 226 of 665 IV s Also,the final GINA rule clarifies tanemployer may offer a limited Incentive for an employee's spouse o provide information out the spouse's current or past health status as part of a voluntary wellness program. Incentives The final ADA rule provides that incentives offered to an employee who answers disability-related questis or undergoes icl examinations art of a wellness program williparticipatory and outcome program incentives are limited tot the following: When the wellness program is available only toemployees who are enrolled In specific ru health plan,the Incentive may not exceed of the total cost for self-only coverage of the health plan in which the employee is enrolled. When an employer offers only one group health plan,and does not require employees o be enrolled In the health plan In order to participate in the wellness program,the incentive may not excee w��0 of the total cost for self-only coverage under the health plan. When an employer offers more than one group health plan,and does not require employees to be enrolled In a health plan In order to participate In the wellness program,the Incentive may not exceed oft the total cost of the lowest cost self-only coverage under a major medical group health plan offered by the employer. In addition,the final GINA rule provides that: The value of the maximum incentive attributable to a spouse's participation may not exceed0 percent of the total cost of self-only coverage,which is the some Incentive allowed for the employee; The incentive for the employee and the spouse must be accessible as separate,Ineentently attainable Incentives; The Employers may offer children the opportunity to participate in wellness programs,but may not offer Inducements in exchange for current or past health status Information about children; Inducements in exchange for genetic Information about spouses and children(such as a spouse's or child's family medical history)are prohibited;and Tobacco Incentive limitations remain at 50 percent of the cost of health coverage If using self-verifying methods,but is lowered to 30 percent if testing Is done to verify use. Voluntary r r s In order for participation to be considered voluntary under the ,anemployer: requireMay not icitin; May not deny access to health insurance or benefits to anemployee who does notparticipate; This Gehring Group Legislative Brief is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice, Readers should contact legal counsel for legal advice. Page 227 of 665 111111111 lillljl��Ijlljil 11ii �ll mil l�ii l�i!�iii, May not require participation In a wellness program to access a different plan(no gateway plans); May not retaliate in ,Interfere it ,coerce,intimidate ort ten any employee who does not participate or who fails to achieve certain health outcomes; Must provide a noticethat explains the medical Information that will be obtained,how It will be used,who will receive it and the restrictions ondisclosure;and Must comply with the Incentive limits described In the final rule. Program esi n The ADA and GINA rules Seto ensure that wellness programs actually promote good health and are not Just used to collect or sell sensitive medical Information about employees and family members or to Impermissibly shift health Insurance costs to them.Both rules require wellness programs to be reasonably designed to promote health and prevent l ase. Confidentiality Both rules state that information from wellness programs may be disclosedto employers only In aggregate terms. The ADA rule requires I rs give participatingemployees a noticells them what Information III be collecteds part of the welliness program,with whom It will be shared r what purpose, I Imits on disclosuren Information ill be kept confidential.The EEOC has provided a M, i % ) to helpemployers comply withi requirement. I A Includes statutory notice and consent provisions for health and genetic services provided to employees and their family members. Both rules prohibit employers from iri employees or their family members to agree to the sale,exchange, transfer, r other disclosure of their health information in order to participate in a wellness program or to receivean Incentive. Applicability Date The provisions of the final rules related to the incentive limits and the ADA notice requirement will apply only prospectivelyto employer-s s ellness programs as of the first day of the first plani r after .1,2017,for the health plan used to determine the level of Inducement.According to the EEOC,other wellness program r visio s(such as the reasonable design and confidentiality requir ts)are clarifications o existing li tins. Source: Equal Employment portunit Commission This Gehring Group Legislative Brief is not Intended to be exhaustive nor should any discussion or opinions be construed as legal avice. Readers.should contact legal counsel for legal advice. Page 228 of 665 s � s SAMPLE NOTICEIWELLNESS PROGRAM .,,�� Is a voluntary wellness,program II I II employees.The program is administered according to federal rules permitting employer-sponsored wellness programs that seek to improve employee health or prevent disease,Including the Americansi i llitiof 1990,the Genetic Information Nondiscrimination Art of 2008,and the Health Insurance il'ty and Accountabilitys applicable,among others. If you choose 'pa in the wellness program you will be asked to completeIn health risk assessment or"HRX that asks a sodas questions out your health-related 'vittes and behavlarsand whether you have or had certainmedical n ''ons( . ., cancer,dl ,or heart disease).You will also be asked to completebio °c screening,which will include a bloodtest r[be specific about the conditions for which blood will be tested.)You am not requiredto complete the HRA or to participate in the to t or other medical examinations. However, m to o choose to participate in the wellness program will receive an Incentive f[Indicate e incerdivel for [specify i ri ].Although you are not requiredle the r participate in the biometric screening,only employees o do so will receive[the incentive]. Add°' n I incentives u [in !cate the additional incentives]may be available for employees whoparticipate in certain health-related activities[specify ivitl ,if any]or achieve certain health outcomes[specify partic ! r health e achieved,ifany]. If you are unable rtici In any of the health-ralatedactivities or achieve anyof the health outcomes requiredto earn an incentive,you may be entified reasonable m ation or an afternative standard.You may request a reasonableaccommodation or an alternative standard by contacting[name]at[contact information]. The information from your HRA andthe resultsfrom your biom trio screening willb used to provideyou with Information to help you understand your current hI potential ria n also be used r you services through the wellness program,such s[indicate s that may be offered].You also are encouragedshare your results or concerns with your own doctor. Protections i I Information We are required law to maintainthe privacy and security of your personally identifiable health Information.Although the wellness programn [name of employer]may use aggregate information It collects to design a program based on identified health Hake in the workplace, g f�nj will never disclose any of your personal in tion either publicly or to the employer,except as necessary to respond to a request from you for a reasonable accommodation needed to participate in the weliness program, or as expressly permitted by law. Medical information that personally Identifies you that is providedin connection with the wellnessm will not be providedyour supervisors or managers and may never be used to make decisionsin your employment. Your health Infiormation will not be sold,exchanged,transferred, r otherwise disclosed except to the extent porTnftd by law to carry out specific activities related to the wellnesed you will not be asked or required to waivee confidentiality your health information as a condition of participatingIn the wellness program or receiving an incentive. Anyone h receives your information for purposes of providing you services as part of the wellnesswill abide by the same confidentialityui n .The only Individual(s) ho will receive your personally Identifiable health Information i (are)[indicate o will receive Information such is ,""a r,"or"a health coach"]inorder to provide u with services under the wellness m. In addition, all medical in tion obtained through the wellness program will be maintainedseparate r personnel records, Information selectronically will be encrypted,and no information you provide as part of the wellness program will be used In making anyI ln. [Specify any other or additional confidentiality protections if applicable.] Appropriate precautions will be taken to avoid any datan in the event a data breach occurs involving information you provide In connection with the wellness program,we wIll no*you immediately. You may not be discriminatedagainst in employment because of the medical I ation you provide rt of participating In the wellness.program, nor may you be subjected li tion if you choose not to participate. If you have questions or concerns regardingis notice, r about protections against discrimination and retaliation,please c [insert name of appropriatet[contact in tion]. This Gehring GroupLegislative Brief is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. Page 229 of 665 n i a MCLf a Page 230 of 665 E November , 2016 Kurt Gehring The Gehring Group 115 05 Fairchild . Suite Palm Beach 1 am pleased to havei to recommend the Gehring Group for all services It Employeeed to line Enrollment and Onsite Employees I i ng. During the City's I + you relationshipi vprovided l of employee t consulting expertises . As pail of the City Of West Palm Beach's long term employee benefits cost savingstrategy, the Gehring Group guided the City / i selection implementation of our Employee Health Center. In 2016 they providedor r entire benefits medical, dental, visiori, life/LTD which included, f the long term benefitsstrategy a move "self-funded"medical plan. Our Gehring Group team was involved t of the process through the finalist interviews,presentations,provider 1 , inclusive of o ur health center. The City also utilizesonline II abilityfocused on the end user and the i of employeemeetings, employee absenteeismi 1 t o xperience by the inclusion it . With 1Group, I am pleasedresults I ast year fbr our now employees. s offered were important in decidingI i ty of WPB. . _ * Compared to previous employer, Irate l of benefits as. Befter—73.5%, About 24.1°las . greatThe City has confidence withability to problemIv bring fbrth ideas t help the City to be a sought after leader in employment. is confirm the importance of benefits in attracting, retaining top talent and confirm the excellent service1ationship the City has with CLEMATIS401 P.O. BOX 3366 WEST PALM BEACH,FL MM 1 A94.1 Page 231 of 665 I am pleased to recommend the Gehring Group to any organizationo i s,onsite employeeI t system. Sincerely, Patricia4&61�v Azal� r , CCP HRIS &Benefits Manager ' y of West Palm Beach Page 232 of 665 d p �5 RIC L. BRADSHAW, SHERIFF November 15,2016 Ladies& Gentlemen: The Palm Beach t Sheriffs Office has enjoyedlong relationshipi e i ,as they have been our Agent of Record forEmployee its for over 20 years.During thisiv periodiGehring uts i i to our organization. They highly v f unqualified support and expertise us throughout the years. It is with pleasurethat I recommend Gehringu organizations. PI of hesitate call for fun- r information. Sincerelvy. Ric'Sheriff ........ 3228 Gun Club Road E West Palm Beach.Florida 1 ( 1)688-3021Email:BMd8hAwRQpbeo.org Page 233 of 665 SCHOOL BOARD OF MARTIN , FLORIDA Risk& Employee Beneflts Department500 q East Ocean Boulevard `telephone: (772) 219.81200 Ext.30206 1 Stuart, Florida 34994 FAX- (772) 219-1226 Donald ,. kite III - , CPCU Coordinator of Risk&, Employee Benefits November 14, 2016 Gehring Group Insurance Brokers & Consultants To Whom It May Looe : Please accept this letter of reference as a formal recommendation in support of the Gehring Group. The Martin County School Board has contracted wit the Gehring Group for more than eleven years to a.. lat In obtaining, maintaining administering a wide range of employee benefits, most notably our medical insurance. The Martin Countyloot Board has a fully insured pro a , including me i al, dental, vision, and life insurance, as well as long-tcrm and short-term disability lanae, an employee assistance program, flexible spending accounts, and other supplemental insurance, Te Gehring Group has provided us with skilled, a ate and t hely benefit analysis, obtained quotes, suggested benefit design changes, and consulted on numerous regulatory and administrative a.tte & It is y profound pleasure to work both, Ms. Anna Maria Studley, a senior benefits consultant with the firm, her account team, Their dedication to our school district is atrong, the relationships are sincere, and the technical support is outstanding, Contact me nti e if I can e of further assistance to you, Sincerely, Donald bite Coordinator of Risk and Employee Benefits Laurie J, Gaylord,Superintendent W,,iilaei Di e irlaa,t f ima, ' t., .4. Neg kc) „u., Powe, Ch"NVY"a r p`Rrs,benu "u'ur�;,:,"ys.`; Administrative Services 65 Stone r 'ILO BDA Phone: (321) 433-8665 IBM Apr116, 2015 To Whom It MayConcern: I am writingrecommend the Gehri r u resource in implementing yout Employee Health Center. The City of Cocoa has used Gehringsince 2012 as our i broker and they have instrumental in reducing int ini r overall Insurance s . Last yr, with Gehring's great support, re able to launch our Employee HealthCenter to all employees and retirees ur health plan. Gehring wroteRequest for Proposal ( ); provided an extensive review n lysis of eachr s l; and assistedstep-by-step i selection implementation of our new Healthr. This was all completed under intense deadlines and within budget. i ring's support, r Health Center project wouldn a success. it extensive I ntt til on healthcenters r worries at . I feel confident in recommending Gehrin r their benefit broker services. If you have anyfurther questions, please do not hesitatecontact . Sincerely, f Tammy B. Gehlortati Administrative Services Director City t r �r� :ifl. r Stay tcocoaa.org 0 0 0 Page 235 of 665 U TELEPHONE(239)213-1810 rl 213-1845 TO WhomIt May Concern: t benefit h enjoyed consultingservices1 the i In 201 theC Naplescontractedi the Gehringu r b n mutually beneficial relationship sin tiGehring Group ' td h° in kinsignificant l sin including the implementation nt tionhh deductible I n and phase outtelimination Of our low deductible/high costplan. In addition, Gehring provides monthly financial analysis and has been instrumental in assisting iwith navigation n compliance the Afflordable In addition, i uses BenTek for benefit administration and enrollment. Paperless enrollment s really helped us to manage easier, o efficient, cu n ! time consuming.in . user re benefits proces1 ndl makiPit enables employees to go online andenter iron llrogram ment data. t o i in u n carriers whicheliminates e d then itin, T i lknowledgeableand rrors helpful. etCustomer senaddoi is top priority. Their dedicated team has been therestep f rom implementation training it support. With the helpn Tek we have streamlined our benefit n !! n#and benefit init tion process. Please assistance. n h n ( 3 ) 1 -1 N n further Sincerely, &A,L., fri P. McCullers Risk Manager Page 236 of 665 Tr� City of Stuaft 121 SW 0291a Avww*SMat*MoA&34,994-2139 DepartmentHuman Resources ' Telephone*(772)288-5322 FAX -1226 Www.CftYOhtUwLUS Linda J.TOM M-S,FIM 1 ,Dhctor Email address.jtoppi(2vj.stuwj.fl.us April 1,2015 To Whom It May Co I am plewedto mcommead the Gehring Cymup fbr ajj SeMceslI tobenefits and on-site health clinic I i . 110 CitY of Sftmft has utilized toI ro ° to nal emcc aspects of our relth porting refit to incl o t o analysis, Ion l Itltl oo R facilitation o to o. f our '11M years ago we called pmfessional expertise of the C-Chring G for the endeavor tO set uP an on-site employee health clinic. l size of our organization,less than 300 employees, l able to arramp for the City to pmtaer with local entitiesto establish employee clinic in a cost. tw This innovative solution maximized our cost savings on the front end by sharing expenses alnong three entities. We have been most pleased to report to Our Commission a reduction year by this arfangemenL 'ut foundWe have our woddngdo g C'TOUP mostI an levels in the tion our CMPIOYee grouphealth progTams. I highly recommend consulthig services. Please feel free to contact me dircctlyif o additional information, Sincerely, Linda Topp! Page 237 of 665 r �YW ��t�k�i iI d�k l'E£ ,l , STI i "S s FdF1o�" Post ��lf�� " IIIi�� l !5 i .11 'lull e 941; ,5800 361-40,39 October 1 , 2010 Mr. Kurt Gehring, President Gehring roup Professional Services 11505 Fairchildens Avenue Suite 202 Palm Beach Gardens, FL 33410 Dear Mr. The Pr'Ocew of branchIng out and doingsomething that is outside of on es expertise and comfo,rt zone is a difficult undertaking. We carefully selected you as our broker and I want you to know e are extremely pleased withe services you have roide " On any occasions during this Process you have dropped e in and came to our offices or answered our telephone calls and a ails® While we as a Istaff didnot POssess the expertise to ask the questions and examine the data, you did, I a confident in saying that had we not engaged your ftrm to examine e costs imposed on s by county government we would not have reached the resolution that we did, WhIle therey be more savings W be had, theagreement e have come to withn staff guaranteesour employees wills I savings in their pockets in 2011. Ths could n ot have been accomplished Mthout the help of your dedicated have asked Major Kurt Hoffman and Captaln pat Marshall to remain in contact with your group becauseI firmly believe that this Issue will remain one that mquires constant examination. During recent meetings in Tallahassee, Major Hoffman was contacted by several majors and undersherIfFs fromvarious agendes inquiring a s to how e Initiated this process. I have instructed him to share i ern your RFP for er serVices in the hopes that they may avail themselves of your services. If you have any current o at you wish to list the Sarasota County SherifFs Office as a reference, you have My express e i ion to do so. Please accept this letter with my humble appredation fbr what you did fors and may do fors again In the future. Since-rely, 0r'.""s g" on'o ' e x` Thomas I ht, Sheriff Sarasota n' FloEqual Opportunity Employer rida Accredited ei oa elft Agency1'cm',"orw' 6 Page 238 of 665 6.C. CONSENTAGENDA 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-076-Adopting the City's Local Housing Assistance Plan (LHAP) for Fiscal Years 2018/19, 2019/20, and 2020/21. Plan approval is for the continuation of the State Housing Initiatives Partnership (SHIP) Program. EXPLANATION OF REQUEST: In accordance with Florida Statutes Chapter 420, dedicated revenues resulting from the William E. Sadowski Affordable Housing Act are distributed to various municipalities that are "entitled" communities in an effort to assist with the production of affordable housing. The current Plan is a continuation of the Plan which was initially established in 1997 with input from Planning staff and entities involved with the housing industry, and is consistent with the housing element of the City of Boynton Beach Comprehensive Plan. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? SHIP grant funds playa major part in the City's continuing effort to provide decent, affordable housing and improvement of the existing older housing stock in depressed neighborhoods in the CDBG target area and some deteriorating housing citywide. FISCAL IMPACT: Funds allocated for the 2018/19 Fiscal Year are approximately $98,000. However this amount is contingent upon the approved state budget and the actual collections generated from doc stamps. ALTERNATIVES: Not to adopt the plan and receive funds, and fund the City's housing programs from the general fund. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Yes Grant Amount: Page 239 of 665 ATTACHMENTS: Type Description D Resolution Resolution adopting the City's Local Housing Assistance Plan D Addendum Local Housing Assistance Plan (LHRH} 2018/2021 Page 240 of 665 I RESOLUTION R18- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, ADOPTING THE LOCAL 6 HOUSING ASSISTANCE PLAN (LHAP), FOR STATE 7 FISCAL YEARS 2018/19, 2019/20, 2020/21, FOR THE 8 CONTINUATION OF THE STATE HOUSING 9 INITIATIVES PARTNERSHIP (SHIP) PROGRAM; 10 PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, in accordance with Florida Statutes Chapter 420, dedicated revenues 13 resulting from the William E. Sadowski Affordable Housing Act are distributed to various 14 municipalities that are "entitled" communities to assist with affordable housing efforts; and 15 WHEREAS, The Plan (attached hereto and made a part hereof) was initially 16 established in 1997 with input from citizens directly involved in the housing industry, and is 17 consistent with the housing element of the City's Comprehensive Plan; and 18 WHEREAS, upon the recommendation of staff, the City Commission deems it to 19 be in the best interests of the citizens and residents of the City of Boynton Beach to adopt 20 the City's Local Housing Assistance Plan (LHAP) for State Fiscal Years 2018/19, 2019/20 21 and 2020/21. 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 true and correct and are hereby 25 ratified and confirmed by the City Commission. 26 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 27 adopts the City's Local Housing Assistance Plan (LHAP) for State Fiscal Years 2018/19, 28 2019/20, and 2020/21, for the continuation of the State Housing Initiatives Partnership C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\ADOA29C4-DA31-49B6-A081-EBE1F6560EC6\Boynton Beach.10741.1.Adopt_LHAP_2018-21_-_Reso.doc Page 241 of 665 29 (SHIP)Program. 30 Section 3. This Resolution shall become effective immediately upon passage. 31 PASSED AND ADOPTED this day of , 2018. 32 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 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\ADOA29C4-DA31-49B6-A081-EBE1F6560EC6\Boynton Beach.10741.1.Adopt_LHAP_2018-21_-_Reso.doc Page 242 of 665 City of Boynton Beach 2018-2021 LHAP Floridousing City of Boynton Beach V SHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP) 2018-2019, 2019-2020, 2020-2021 Department of Development — Community Development Division Octavia S. Sherrod, nit Improvement r Lashea Brooks.. i Improvement ci list Page 243 of 665 City of Boynton Beach 2018-2021 LHAP Flori,da,Housing Table of Contents Description Page# Section 1, Program Details 3 Section 11, Housing Strategies 7 A. Purchase Assistance With Rehabilitation 7 B. Purchase Assistance without Rehabilitation 10 C. Owner Occupied Rehabilitation 13 D. Disaster Repair/Mitigation 17 Section 111, Incentive Strategies 19 A. Expedited Permitting 19 B.Ongoing Review Process 19 Exhibits 20 A. Administrative Budget for each fiscal year covered in the Plan B. Timeline for Estimated Encumbrance and Expenditure C. Housing Delivery Goals Chart(HDGC) For Each Fiscal Year Covered in the plan D. Signed LHAP Certification E. Signed, dated,witnessed or attested adopting resolution F. Program Information Sheet - 2 - Page 244 of 665 City of Boynton Beach 2018-2021 LHAP Florida -ousing I. Program Details: A. Name of the participating local government: City of Boynton Beach Is there an Interlocal Agreement: Yes No X If"Yes", name local government(s) in the Interlocal Agreement: B. Purpose of the program: 1. To meet the housing needs of the very low, low and moderate income households; 2. To expand production of and preserve affordable housing; and 3. To further the housing element of the local government comprehensive plan specific to affordable housing. C. Fiscal years covered by the Plan: 2018-2019 2019-2020 2020-2021 D. Governance: The SHIP Program is established in accordance with Section 420.907-9079, Florida Statutes and Chapter 67-37, Florida Administrative Code. Cities and Counties must comply with these applicable statutes, rules and any additional requirements as established through the Legislative process. E. Local Housing Partnership: The SHIP Program encourages building active partnerships between government, lending institutions, builders and developers, not-for-profit and community based housing providers and service organizations, providers of professional services related to affordable housing, advocates for low-income persons, real estate professionals, persons or entities that can provide housing or support services and lead agencies of the local continuums of care. F, Leveraging: The Plan is intended to increase the availability of affordable residential units by combining local resources and cost saving measures into a local housing partnership and using public and private funds to reduce the cost of housing. SHIP funds may be leveraged with or used to supplement other Florida Housing Finance Corporation programs and to provide local match to obtain federal housing grants or programs. G. Public Input: Public input was solicited through face-to-face meetings with housing providers,social Page 245 of 665 City of Boynton Beach 2018-2021 LHAP Florida ""Housing' service providers and local lenders and neighborhood associations. Public input was solicited through the local newspaper in the advertising of the Local Housing Assistance Plan and the Notice of Funding Availability. H. Advertising and Outreach: SHIP funding availability shall be advertised in a newspaper of general circulation and periodicals serving ethnic and diverse neighborhoods,at least 30 days before the beginning of the application period. If no funding is available due to a waiting list, no notice of funding availability is required. I. Waiting List/Priorities: A waiting list will be established when there are eligible applicants for strategies that no longer have funding available. Applicants on the waiting list will be notified of their status. The list will be maintained in an order that is consistent with the time applications were submitted as well as any established funding priorities as described in this plan. The following priorities for funding described/listed here apply to all strategies unless otherwise stated in the strategy: Order of Ranking Priority: 1. Special Needs Households a. Very low b. Low c. Moderate 2. Essential Services Personnel a. Very low b. Low c. Moderate J. Discrimination : In accordance with the provisions of ss.760.20-760.37, it is unlawful to discriminate on the basis of race, color, religion, sex, national origin, age, handicap, or marital status in the award application process for eligible housing. K. Support Services and Counseling: Support services are available from various sources. Available support services may include but are not limited to Homeownership Counseling (Pre and Post), Credit Counseling,Tenant Counseling, Foreclosure Counseling and Transportation. L. Purchase Price Limits: The sales price or value of new or existing eligible housing may not exceed 90%of the average area purchase price in the statistical area in which the eligible housing is located. Such average area purchase price may be calculated for any 12-month period beginning no earlier than the fourth calendar year prior to the year in which the award occurs. The sales price of new and existing units, which can be lower but may not -4 - Page 246 of 665 City of Boynton Beach 2018-2021 LHAP Florida Mousing exceed 90%of the median area purchase price established by the U.S.Treasury Department or as described above. The methodology used is: X U.S.Treasury Department Local HFA Numbers M. Income Limits, Rent Limits and Affordability: The Income and Rent Limits used in the SHIP Program are updated annually by the Department of Housing and Urban Development and posted at www.flori a � , "Affordable" means that monthly rents or mortgage payments including taxes and insurance do not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the households as indicated in Sections 420.9071, F.S. However, it is not the intent to limit an individual household's ability to devote more than 30%of its income for housing, and housing for which a household devotes more than 30%of its income shall be deemed Affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30%benchmark and in the case of rental housing does not exceed those rental limits adjusted for bedroom size. N. Welfare Transition Program: Should an eligible sponsor be used,a qualification system and selection criteria for applications for Awards to eligible sponsors shall be developed,which includes a description that demonstrates how eligible sponsors that employ personnel from the Welfare Transition Program will be given preference in the selection process. O. Monitoring and First Right of Refusal: In the case of rental housing,the staff and any entity that has administrative authority for implementing the local housing assistance plan assisting rental developments,shall annually monitor and determine tenant eligibility or,to the extent another governmental entity provides periodic monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. However, any loan or grant in the original amount of$10,000 or less shall not be subject to these annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored annually for no less than 15 years or the term of assistance whichever is longer unless as specified above. Eligible sponsors that offer rental housing for sale before 15 years or that have remaining mortgages funded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. P. Administrative Budget: A line-item budget of proposed Administrative Expenditure is attached as Exhibit A. - 5 - Page 247 of 665 City of Boyntoneach 2018-2021 LHAP I ne � i 11 The City of Boynton Beach finds that the moneys deposited in the local housing assistance trust fund shall be used to administer and implement the local housing assistance plan. Section 420.9075 Florida Statute and Chapter 67-37, Florida Administrative Code, states: "A county or an eligible municipality may not exceed the 5 percent limitation on administrative costs, unless its governing body finds, by resolution, that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan." Section 420.9075 Florida Statute and Chapter 67-37,Florida Administrative Code, further states: "The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5 percent of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(19), and eligible municipalities receiving a local housing distribution of up to$350,000 may use up to 10 percent of program income for administrative costs."The applicable local jurisdiction has adopted the above findings in the resolution attached as Exhibit E. Q. Program Administration: Administration of the local housing assistance plan will be wholly performed and maintained by the City of Boynton. R. Project Delivery Costs: S. Essential Service Personnel Definition: Define in accordance with Rule Chapter 67-37.002(8) F.A.C. and Chapter 67-37.005(8), F.A.C. and Section 420.9075(3)(a) FS. The City of Boynton Beach defines Essential Service Personnel as persons in need of affordable housing whose income does not exceeds 120% of Area Median Income (AMI)of Palm Beach County and are employed in the following areas: Educators in K-12,other school district, community college and university employees, Active Military, National Guards stationed in Palm Beach County, police and fire services personnel, health care personnel,other public services, childcare services, retail and wholesale services, and skilled building trade industry personnel. T. Describe efforts to incorporate Green Building and Energy Saving products and processes: The City of Boynton Beach evaluates all properties in order to pursue assistance with improvements and/or funding to replace depleted assets. The City will continue its efforts to use Energy Star and/or energy efficient products for the following components: • Windows and doors • Roofing materials • Central Air/Heating Units, with a minimum 16 SEER Page 248 of 665 City of Boynton Beach 2018-2021 LHAP FI ri usin • Programmable Thermostats • Insulation, with an upgrade to R-30 • Hot Water Heaters • Water conservation utilizing"Water Sense"Technology o Toilets o Showerheads o Faucet aerators • Hurricane Shutters The City implemented a Green Building Program, which established procedures and incentives for the implementation of green building standard Chapter Two, Article One Overview, of the City's Land Development Regulations by Ordinance 11.014. This effort demonstrates the City of Boynton commitment to a green building program. U. Describe efforts to meet the 20%Special Needs set-aside: A minimum of 20%of the City of Boynton Beach State Housing Initiative Partnership (SHIP)fund allocation will be set aside to serve persons with special needs as define in FL Statue 420.0004. Person with developmental disabilities will have first priority. American Disabilities Act (ADA) accessibility measures to include bathroom accommodation i.e.fixtures,toilets, showers and grab bars; wheelchair ramps; door widening; kitchen accommodations and accessibility from the outside of the home. V. Describe efforts to reduce homelessness: The City of Boynton Beach continues to collaborate with The Homelessness and Housing Alliance (HHA)of Palm Beach County(formerly the Continuum of Care) in its efforts to deliver comprehensive and coordinated continuum of services to homeless individuals and families in Palm Beach County. Components of HHA include homeless prevention, outreach and assessment,emergency shelter, transitional housing, supportive services, permanent housing and permanent supportive housing. Section II. LAP Strategies: r4:r lt 1,tolr, a. Summary of Strategy: This strategy will award deferred interest loans to assist eligible first-time homebuyers with the purchase of existing or newly constructed (with a Certificate of Occupancy)eligible affordable housing. The deferred interest loan will provide "GAP"financing for first mortgages to ensure affordable monthly payments. Eligible costs under this strategy may include but are not limited to down payment and closing costs, and principal reduction costs for new construction. Eligible costs - - Page 249 of 665 City of Boynton Beach 2018-2021 LHAP Floridausin under this strategy may include but are not limited to down payment and closing costs on the first mortgage and repairs needed to make the unit habitable. Eligible properties include existing homes which need rehabilitation. Rehabilitation is defined as the repairs or improvements needed for safe and sanitary habitation, and/or correction of substantial code violations b. Fiscal Years Covered 2018-2019, 2019-2020, and 2020-2021 C. Income Categories to be served: Extremely Low,Very Low Income, Low Income, Moderate Income d. Maximum award: Extremely Low/Very Low $75,000.00 Low $60,000.00 Moderate $20,000.00 e. Terms: 1. Repayment loan/deferred loan/grant: Deferred Interest Loan secured by a recorded mortgage and note. 2. Interest Rate: 0% 3. Years in loan term: Fifteen years(15) 4. Forgiveness: Pro rata rate over 15 years(15) If no default occurs,the deferred interest loan will be forgiven at a pro rata rate over a period of fifteen (15)years. 5. Repayment: No payment as long as the loan is good standing and no default occurs. 6. Default: The loan is in default if any of the following occurs during the fifteen (15) year loan period: sale,transfer,or conveyance of property; conversion to a rental property,vacating of property, loss of homestead exemption status; failure to occupy the home as primary residence, refinancing with cash out or debt consolidation, or subject to a Reverse Mortgage. If any of these occur,the outstanding balance of the deferred interest loan is due and Page 250 of 665 City of Boynton Beach 2018-2021 LHAP Flori,a ousin payable to the City of Boynton Beach. In cases where the qualifying homeowner(s) die during the loan term, an income eligible heir who will occupy the home as a primary residence may assume the loan. If the legal heir is not income eligible, chooses not to occupy the home,or the house is sold,transferred,or refinanced, the outstanding balance of the loan will be due and payable to the City of Boynton Beach. Income eligible heir must execute Mortgage and Promissory Note. The Mortgage will be recorded in the public records of Palm Beach County. In the event where failure of payment to the superior mortgage lien holder which leads foreclosure and/or loss of property,the City may foreclose and take legal actions to recover the secured mortgage funds. f. Recipient Selection Criteria: Applicant(s)will be selected on a first-qualified,first-served basis with priorities give to income groups described in Section 1 (1)of this plan. g. Sponsor/Developer Selection Criteria: Not Applicable h. Additional Information: Applicant must secure a first mortgage by an approved lender. All first mortgages must be a fixed rate loan product. The household assisted must be income qualified.Annual income will be determined as defined in 24 CFR 5.609. Applicant(s) are required to provide all documentation requested for income, eligibility, and qualification determination. SHIP staff will obtain third party verification of income,employment, and assets. Ineligible applicant(s) will be notified in writing for reason of ineligibility and that they may reapply for SHIP assistance six (6) months from the date of the letter. Applicants must attend a 6 hours Homebuyer Education class from a HUD- approved housing counseling agency prior to loan closing. Eligible properties include the purchase of existing single-family homes, townhouses,villas and condominiums. Mobile homes are ineligible. Eligible property must be located within the City limit of Boynton Beach. Applicant(s) must be first time homebuyers, defined as an individual and/or his or her spouse who has not owned a house within the past three (3)years prior to Page 251 of 665 City of Boynton Beach 2018-2021 LHAP l ri a "H si applying for assistance, including displaced homeowners due to divorce, (unless the displaced homeowner was,the parent awarded custody and/or provides the primary residence of minor child/children). Applicant(s) may not currently have monetary assets exceeding$25,000(gifts included in the asset calculation). If the applicant has funds that exceed the $25,000 maximum and is income certified, he/she must commit one third (1/3) of the of cash on hand over the maximum allowable to be used in addition to the amount of assistance provided. The exception to this would be if the applicant has funds in a retirement fund accessible only by termination or retirement. Applicant(s) will be responsible for a minimum of three percent(3%)of their own funds towards down payment/closing costs,and/or the financial institution's processing fee and the first year's premium of homeowner's insurance. Gifts,Seller Contributions, Lender and/or Non-Profits Contributions cannot be counted towards 3%. Applicant(s) must not own any other residence unless it is being replaced with the construction of a new home though the SHIP Program. Property must meet City of Boynton minimum housing quality standards and be inspected and approved by Community Improvement Division Construction Coordinator. Subordination of the SHIP program loan will not be approved for a purpose other than refinance debt that was secured by the subject property prior to or of the same date of the SHIP program loan. The City of Boynton Beach will only allow One (1) subordination approval during the term of the SHIP program loan. The City of Boynton Beach reserves the right to deny any subordination request it deems not in its' or the homeowners best interest. The authority to approve subordinate requests or exceptions to the Subordination Policy will rest the City Manager or his/her designee. Energy efficiency and green housing related repairs shall be encouraged. Repairs shall also be guided by the minimum building code which is the 2014 Florida Building Code Residential. a. Summary of Strategy: This strategy will award loans to assist extremely-low, very-low, low, and - 1 - Page 252 of 665 City of Boynton Beach 2018-2021 LHAP Florida Housing moderate-income homebuyers with the purchase of a home and will provide "GAP" financing for first mortgages to ensure affordable monthly payments. Eligible costs under this strategy may include but are not limited to down payment and closing costs on the first mortgage and repairs needed to make the unit habitable. Eligible properties include existing homes which need rehabilitation. Rehabilitation is defined as the repairs or improvements needed for safe and sanitary habitation, and/or correction of substantial code violations b. Fiscal Years Covered: 2018-2019, 2019-2020, 2020-2021 C. Income Categories to be served: Extremely Low,Very Low Income, Low Income, Moderate Income d. Maximum award: Extremely Low/Very Low $60,000.00 Low $60,000.00 Moderate $10,000.00 e. Terms: 1. Repayment loan/deferred loan/grant: Deferred Interest repayment loan 2. Interest Rate: 0% 3. Years in loan term: Fifteen years(15) 4. Forgiveness: Pro rata rate over 15 years(15) If no default occurs,the deferred interest loan will be forgiven at a pro rata rate over a period of fifteen (15)years. 5. Repayment: 6. No payment as long as the loan is good standing and no default occurs. 7. Default: The loan is in default if any of the following occurs during the fifteen (15) year loan period: sale, transfer,or conveyance of property; conversion to a rental property,vacating of property, loss of homestead exemption status; failure to occupy the home as primary residence, refinancing with cash out or debt consolidation,or subject to a Reverse Mortgage. If any of these occur,the outstanding balance of the deferred interest loan is due and Page 253 of 665 City of Boynton Beach 2018-2021 LHAP Florida"Housing payable to the City of Boynton Beach. In cases where the qualifying homeowner(s) die during the loan term, an income eligible heir who will occupy the home as a primary residence may assume the loan. If the legal heir is not income eligible, chooses not to occupy the home, or the house is sold,transferred,or refinanced, the outstanding balance of the loan will be due and payable to the City of Boynton Beach. Income eligible heir must execute Mortgage and Promissory Note. The Mortgage will be recorded in the public records of Palm Beach County. In the event where failure of payment to the superior mortgage lien holder which leads foreclosure and/or loss of property,the City may foreclose and take legal actions to recover the secured mortgage funds. f. Recipient Selection Criteria: Applicant(s)will be selected on a first-qualified,first-served basis with priorities give to income groups described in Section 1 (1)of this plan. g. Sponsor/Developer Selection Criteria: Not Applicable h. Additional Information: Applicant must secure a first mortgage by an approved lender.. All first mortgages must be a fixed rate loan product. The household assisted must be income qualified.Annual income will be determined as defined in 24 CFR 5.609. Applicant(s)are required to provide all documentation requested for income, eligibility, and qualification determination. SHIP staff will obtain third party verification of income, employment, and assets. Ineligible applicant(s)will be notified in writing for reason of ineligibility and that they may reapply for SHIP assistance six(6) months from the date of the letter. Applicants must attend a 6 hours Homebuyer Education class from a HUD- approved housing counseling agency prior to loan closing. Eligible properties include the purchase of existing single-family homes, townhouses,villas and condominiums. Mobile homes are ineligible. Eligible property must be located within the City limit of Boynton Beach. Applicant(s) must be first time homebuyers, defined as an individual and/or his or her spouse who has not owned a house within the past three (3)years prior to applying for assistance, including displaced homeowners due to divorce, (unless the - 12 - Page 254 of 665 City of Boynton Beach 2018-2021 LHAP Florida �Housing displaced homeowner was,the parent awarded custody and/or provides the primary residence of minor child/children). Applicant(s) may not currently have monetary assets exceeding$25,000(gifts included in the asset calculation). If the applicant has funds that exceed the $25,000 maximum and is income certified, he/she must commit one third (1/3)of the of cash on hand over the maximum allowable to be used in addition to the amount of assistance provided. The exception to this would be if the applicant has funds in a retirement fund accessible only by termination or retirement. Applicant(s)will be responsible for a minimum of three percent(3%) of their own funds towards down payment/closing costs, and/or the financial institution's processing fee and the first year's premium of homeowner's insurance. Gifts,Seller Contributions, Lender and/or Non-Profits Contributions cannot be counted towards 3%. Applicant(s) must not own any other residence unless it is being replaced with the construction of a new home though the SHIP Program. Property must meet City of Boynton minimum housing quality standards and be inspected and approved by Community Improvement Division Construction Coordinator. Subordination of the SHIP program loan will not be approved for a purpose other than refinance debt that was secured by the subject property prior to or of the same date of the SHIP program loan. The City of Boynton Beach will only allow One subordination approval during the term of the SHIP program loan. The City of Boynton Beach reserves the right to deny any subordination request it deems not in its'or the homeowners best interest. The authority to approve subordinate requests or exceptions to the Subordination Policy will rest the City Manager or his/her designee. L E�] a. Summary of Strategy: This strategy will award loans to assist Owner Occupied homeowners with needed repairs as defined by Chapter 67-37, Florida Administrative Code. The City of Boynton Beach passed a Community Appearance Code Ordinance in 1996. The result of stepped-up code enforcement has made rehabilitation a cost burden for many extremely low, very low, low and moderate income residents. Rehabilitation is defined as the repairs or improvements - 13 - Page 255 of 665 City of Boynton Beach 2018-2021 LHAP Floridlng needed for safe and sanitary habitation, and/or correction of substantial code violations. Repairs of an emergency nature, as determined by the City of Boynton Beach's Construction Coordinator, will be given priority. Mobile homes and rental units are not eligible for assistance in this strategy. b. Fiscal Years Covered:2018-2019, 2019-2020, 2020-2021 C. Income Categories to be served: Extremely Low, Very Low, Low, Moderate* Moderate income residents will be considered only for code/safety related repairs. d. Maximum award: Extremely Low/Very Low $50,000.00 Low $50,000.00 Moderate $20,000.00 e. Terms: 1. Repayment loan/deferred loan/grant: Deferred Interest repayment loan 2. Interest Rate: 0% 3. Years in loan term: Fifteen years(15) 4. Forgiveness: The deferred interest loan will be forgiven after 15 (fifteen) years if no default occurs. 5. Repayment: No payment as long as the loan is good standing and no default occurs. 6. Default: The loan is in default if any of the following occurs during the fifteen (15) year loan period: sale,transfer,or conveyance of property; conversion to a rental property,vacating of property, loss of homestead exemption status; failure to occupy the home as primary residence, refinancing with cash out or debt consolidation,or subject to a Reverse Mortgage. If any of these occur,the outstanding balance of the deferred interest loan is due and payable to the City of Boynton Beach. - 1 - Page 256 of 665 City of Boynton Beach 2018-2021 LHAP Florlda%ousing In cases where the qualifying homeowner(s) die during the loan term,an income eligible heir who will occupy the home as a primary residence may assume the loan. If the legal heir is not income eligible, chooses not to occupy the home,or the house is sold,transferred,or refinanced, the outstanding balance of the loan will be due and payable to the City of Boynton Beach. Income eligible heir must execute Mortgage and Promissory Note. The Mortgage will be recorded in the public records of Palm Beach County. In the event where failure of payment to the superior mortgage lien holder which leads foreclosure and/or loss of property,the City may foreclose and take legal actions to recover the secured mortgage funds. f. Recipient Selection Criteria: Applicant(s) will be selected on a first-qualified, first-served basis with priorities give to income groups described in Section 1 (1)of this plan. g. Sponsor/Developer Selection Criteria: Not Applicable h. Additional Information: This program will address repairs for single family,owner-occupied detached houses. Applicant(s) may not own any other residence; and must own,occupy,and homestead the home being rehabilitated for the duration of the deferred payment loan. All property taxes and mortgage payments must be current. Eligible property must be located within the City limit of Boynton Beach. Applicant(s) may submit a completed SHIP application to the City of Boynton Beach for determination of eligibility at any time. The household assisted must be income qualified. Annual income will be determined as defined in 24 CFR 5.609. Applicant(s)are required to provide all documentation requested for income, eligibility, and qualification determination. SHIP staff will obtain third party verification of income,employment,and assets. Ineligible applicant(s)will be notified in writing for reason of ineligibility and that they may reapply for SHIP assistance six(6) months from the date of the letter. Applicant(s)are required to provide all documentation requested for income, eligibility, and qualification determination. If the applicant has funds that exceed - 15 - Page 257 of 665 City of Boynton Beach 2018-2021 LHAP ,Florida _xAousing the$15,000 maximum and is income certified, he/she must commit one third (1/3) of his/her excess funds over the maximum allowable to be used in addition to the amount of assistance provided. The exception to this would be the applicant(s) that has funds in a retirement fund that can only be accessed by termination. Applicant(s) are required to have property insurance. Eligible repairs may include, but are not limited to cost of labor and materials for: L Installation and/or repairs of sanitary water and waste, disposal systems, together with related plumbing and fixtures, which meet local health department requirements ii. Energy conservation measures such as installation of energy efficiency door and windows iii. Repair or replacement of heating and/or cooling systems with high energy efficient 16 SEER or higher iv. Electrical upgrading v. Repair or provision for structural support and foundation vi. Replacement of seriously deteriorated siding, porches, or stoops vii. Alteration of the unit's interior or exterior to provide greater accessibility for any family member that may be physically impaired or have mobility problems viii. Repair or replacement of roofing system ix. Replacement housing to provide GAP financing to the following households of extremely low, very low, and low incomes; with priority given to the elderly (62+), and/or medically/physically impaired homeowners in these income categories, residing in homes deemed not viable for rehabilitation. Demolition of existing property, construction cost of replacement home on the same lot or new location selected by the City of Boynton Beach, and/or the purchase of an existing home. Energy efficiency and green housing related repairs shall be encouraged. Repairs shall also be guided by the minimum building code which is the 2014 Florida Building Code Residential. Subordination of the SHIP program loan will not be approved for a purpose other than refinance debt that was secured by the subject property prior to or of the same date of the SHIP program loan. The City of Boynton Beach will only allow One subordination approval during the term of the SHIP program loan. The City of Boynton Beach reserves the right to deny any subordination request it deems not in its' or the homeowners best interest. The authority to approve subordinate requests or exceptions to the Subordination Policy will rest the City Manager or his/her designee. - 16 - Page 258 of 665 City of Boynton Beach 2018-2021 LHAP Fl ,ridaN usin 1,1. 0�71,5ft'( a. Summary of Strategy: Disaster Repair: In the event of a disaster declared by Executive Order, SHIP funds that have not been encumbered will be used to leverage available federal and state funds to provide assistance to income eligible households for the purpose of repairing eligible housing, providing assistance with insurance deductibles, and obtaining short term temporary housing. Mobile homes and rental units are not eligible for repair assistance in this strategy; however the residents of these units may be eligible for assistance for short-term temporary housing. Disaster Mitigation: This program is designed to assist homeowners secure and protect their property against hurricane force winds. The funds will assist the homeowner with the purchase of hurricane shutters and impact rated doors. Accordion shutters will be installed on the property. b. Fiscal Years Covered 2018-2019, 2019-2020, 2020-2021 C. Income Categories to be served: Extremely Low Income Very Low and Low Income Moderate-Income d. Maximum award: $10,000.00 e. Terms: 1. Repayment loan/deferred loan/grant: Disaster Repair: The SHIP funds are provided in the form of a grant, not requiring households to repay funds used for disaster relief. In the event the City Of Boynton Beach Receives reimbursement from federal or state sources, such repaid funds will be utilized in accordance with the approved Housing Assistance Plan in effect at the time funds are disbursed. Disaster Mitigation: There are no monthly payments associated with this loan. The 0% interest deferred loan will be forgiven proportionally each year over a ten (10)year period, at the conclusion of which the debt will be satisfied. If at any time during the ten year period the property is sold, refinanced, rented or ceases to be owner-occupied, which does not constitute default, the loan recipient shall pay to the City the remaining _ 17- Page 259 of 665 City of Boynton Beach 2018-2021 LAP Florldi ^Housing balance of the loan. Recipients must execute a Promissory Note and Mortgage. The Mortgage will be recorded in the public records of Palm Beach County. 2. Interest Rate: 0% 3. Years in loan term: Ten (10)years 4. Forgiveness: The loan will be forgiven proportionally each year over a ten (10)year period, at the conclusion of which the debt will be satisfied. S. Repayment: No payment as long as the loan is good standing and no default occurs. 6. Default: If at any time during the ten year period the property is sold, refinanced, rented or ceases to be owner-occupied (including Reverse Mortgages). f. Recipient Selection Criteria: Applicant(s)will be selected on a first-qualified, first-served basis with priorities give to income groups described in Section 1 (1) of this plan. . Sponsor/Developer Selection Criteria: Not Applicable h. Additional Information: Applicant(s) may not own any other residence; and must own, occupy,and homestead the home being rehabilitated for the duration of the deferred payment loan. Eligible property must be located within the City limit of Boynton Beach. Applicant(s) may submit a completed SHIP application to the City of Boynton Beach for determination of eligibility at any time. - 18- Page 260 of 665 City of Boynton Beach 2018-2021 LHAP Flod&"Housing III. LHAP Incentive Strategies In addition to the required Incentive Strategy A and Strategy B, include all adopted incentives with the policies and procedures used for implementation as provided in Section 420.9076, F.S.: A. Name of the Strategy: Expedited Permitting Permits as defined in s. 163.3177 (6) (f) (3)for affordable housing projects are expedited to a greater degree than other projects. Provide a description of the procedures used to implement this strategy: The Department of Development has been responsible for processing and facilitating affordable housing projects. The Community Improvement and Plan Review staff will oversee the projects certified as "affordable" through the review process in an effort to make sure that they are processed with three to five (3-5) days.This division will be the developer's point of contact for all questions concerning the review process. The Plan Review Administrator will be responsible for expediting the building permitting process for affordable housing projects. He has designated individuals who have successfully guided and given these projects top priority.Staff will continue to obtain training in affordable housing development. B. Name of the Strategy: Ongoing Review Process An ongoing process for review of local policies, ordinances, regulations and plan provisions that increase the cost of housing prior to their adoption. Provide a description of the procedures used to implement this strategy: The Department of Development's various divisions, particularly the Community Improvement Division,will review all policies, procedures, ordinances, regulations, and plan provisions to determine what effects if any they may have on the cost of producing affordable units prior to their passage. The City Manager will disperse all information concerning ordinances in sufficient time needed to evaluate and comment on any impact it may have on affordable housing. The Community Improvement Division maintains maps of the current inventory of all vacant land including those properties owned by the City of Boynton Beach and Palm Beach County within the target area. The City funds land acquisition in an effort to acquire land for potential pre-qualified homebuyers.This effort has resulted in considerable cost saving in the production of affordable units. - 19 - Page 261 of 665 City of Boyntoneach 201 - 1 LHAP Florida � sig I . EXHIBITS: A. Administrative Budget for each fiscal year covered in the Plan. B. Timeline for Estimated Encumbrance and Expenditure. C. Housing Delivery Goals Chart(HDGC) For Each Fiscal Year Covered in the plan. D. Signed LHAP Certification. E. Signed, dated, witnessed or attested adopting resolution. F. Program Information Sheet - 20 - Page 262 of 665 Exhibit "A" ADMINISTRATIVE BUDGET FOR EACH FISCAL YEAR City of Boynton Beach Fiscal Year 2018/2019 Estimated Allocation for Calculating $ 98,691.00 Salaries and Benefits $ 9,100.00 Office Supplies and Equipment $ 169.00 Travel Perdiem Workshops, etc $ 300.00 Advertising $ 300.00 Other $ TOTAL 1 % Fiscal Year 2019/2020 Estimated Allocation for Calculating $ 98,691.00 Salaries and Benefits $ 9,100.00 Office Supplies and Equipment $ 169.00 Travel Perdiem Workshops, etc $ 300.00 Advertising $ 300.00 Other $ 10% Fiscal Year 2020/2021 Estimated Allocation for Calculating $ 98,691.00 Salaries and Benefits $ 9,100.00 Office Supplies and Equipment $ 169.00 Travel Perdiem Workshops, etc $ 300.00 Advertising $ 300.00 Other $ TOTAL $ 9,869.00 110% Page 263 of 665 July 1, 2018 Exhibit B Timeline for SHIP Expenditures City of Boynton Beach affirms that funds allocated for these fiscal years will meet the following deadlines: Fiscal Year Encumbered Expended 1St Year AR 2"d Year AR Closeout AR 2018-2019 6/30/2020 6/30/2021 9/15/2019 9/15/2020 9/15/2021 2019-2020 6/30/2021 6/30/2022 9/15/2020 9/15/2021 9/15/2022 2020-2021] 6/30/2022 6/30/2023 ]----9/15/2021 1 9/15/2022 1 9/15/2023 If funds allocated for these fiscal years are not anticipated to meet any of the deadlines in the table above, Florida Housing Finance Corporation will be notified according to the following chart: Fiscal Year Funds Not Funds Not V Year AR 2nd Year AR Closeout AR Encumbered Expended Not Not Not Submitted Submitted Submitted 2018-2019 3/30/2020 3/30/2021 6/15/2019 6/15/2020 6/15/2021 1 2019-2020 3/30/2021 3/30/2022 6/15/2020 6/15/2021 6/15/2022 2020-20 1 3/30/2023 6/15/2021 1 6/15/2023 Requests for Expenditure Extensions(close-out year ONLY) must be received by FHFC by June 15 of the year in is funds are required to be expended.The extension request shall be emalled to robert.dearduff@florid?housing.org and IgLry.auringerp_floridahousinK.or and include: j_ 1. A statement that"(city/county) requests an extension to the expenditure deadline for fiscal year 2. The amount of funds that is not expended. 3. The amount of funds that is not encumbered or has been recaptured. 4. A detailed plan of how/when the money will be expended. Note: an extension to the expenditure deadline(June 30)does not relieve the requirement to submit (September 15)the annual report online detailing all funds that have been expended. Please email terrV.aurinaer(cDfloridahousina.ora when you are ready to "submit"the AR. Other Key Deadlines: AHAC reports are due for each local government the same year as the local government's LHAP being submitted. Local governments receiving the minimum or less allocation are not required to report. Page 264 of 665 TIS � wNs a I 3 r a D G) x D A cn z a) v 0 'n M ' z pa0m CL;U oaac A c cmc 3 m 3* CD ? 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OCI N — iD w co O) ® N O lu d N N m y a D O O O O N O 0 � n x m x p fA 7 U1 3 K p ' n o 0 3 0 ° c 0 0 0 � > o co 0 0 0 y i i @ O O O 3 T D z O = 2 y 0 CD to ea w ow w v v m ° — — w OW n to _p O O O O O . N O O O O O N 'Ge O N N O O O O O O O O O 0 0 0 0 0 0 0 0 O N On m 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O :r x CD !, 2 T x W fu 0 0 0 0 o 0 0 0 0 0 0 0 0 ° m �j 0 0 0 0 0 0 0 0 0 0 01 0 0 0 0 0 0 0 0 c °1 n O O 0 0 0 0 0 0 0 O O m O O 0 0 0 0 0 0 O m m N O o o e e o 0 0 0 0 o A o - o 0 0 -. 0 0 o N N 7C> C C i x 7 O p T N 1.1. a 0 a o IN o I'D 1c) 0 a N a a of 665 Exhibit D 67-37.005(1),F.A.C. JULY 1,2018 CERTIFICATION TO FLORIDA HOUSING FINANCE CO"ORATION Local Government or Interlocal Entity: Ci o o ton each Certifies that: (1) The availability of SHIP funds will be advertised pursuant to program requirements in 420.907- 420.9079, Florida Statutes. (2) All SHIP funds will be expended in a manner which will insure that there will be no discrimination on the basis of race, color, national origin, sex,handicap, familial status, or religion. (3) A process to determine eligibility and for selection of recipients for funds has been developed. (4) Recipients of funds will be required to contractually commit to program guidelines and loan terms. (5) Florida Housing will be notified promptly if the local government/interlocal entity will be unable to comply with any provision of the local housing assistance plan(LHAP). (6) The LHAP provides a plan for the encumbrance of funds within twelve months of the end of the State fiscal year in which they are received and a plan for the expenditure of SHIP funds including allocation, program income and recaptured funds within 24 months following the end of the State fiscal year in which they are received. (7) The LHAP conforms to the Local Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the LHAP. (S) Amendments to the approved LHAP shall be provided to the Florida Housing for review and/or approval within 21 days after adoption. (9) The trust fund exists with a qualified depository for all SHIP funds as well as program income or recaptured funds. (10) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. (11) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements (CAFR). An electronic copy of the CAFR or a hyperlink to the document shall be provided to Florida Housing by June 30 of the applicable year. 1 Page 268 of 665 Exhibit D 67-37.005(1),F.A.C. JULY 1,2018 (12) Evidence of compliance with the Florida Single Audit Act, as referenced in Section 215.97, F.S. shall be provided to Florida Housing by June 30 of the applicable year. (13) SHIP funds will not be pledged for debt service on bonds. (14) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements, similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (15) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to serve eligible persons. (16) Rental Units constructed or rehabilitated with SHIP funds shall be monitored for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e). To the extent another governmental entity provides periodic monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. (17) The LHAP meets the requirements of Section 420.907-9079 FS, and Rule Chapter 67-37 FAC. (18) The provisions of Chapter 83-220, Laws of Florida have not been implemented (except for Miami-Dade County). Witness Chief Elected Official or designee Witness Type Name and Title Date OR Attest: (Seal) 2 Page 269 of 665 Exhibit E 67-37.005(1),F.A.C. [eff. date] RESOLUTION#: A RESOLUTION OF THE COMMISSION OFT (Local Government)FLORIDA APPROVING THE LOCAL HOUSING ASSISTANCE PLAN AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT,SUBSECTIONS 420.907-420.9079, FLORIDA STATUTES;AND RULE CHAPTER 67-37, FLORIDA ADMINISTRATIVE CODE; AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE ANY NECESSARY DOCUMENTS AND CERTIFICATIONS NEEDED BY THE STATE; AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the State of Florida enacted the William E. Sadowski Affordable Housing Act,Chapter 92- 317 of Florida Sessions Laws,allocating a portion of documentary stamp taxes on deeds to local governments for the development and maintenance of affordable housing; and WHEREAS,the State Housing Initiatives Partnership(SHIP)Act,ss.420.907-420.9079,Florida Statutes (1992), and Rule Chapter 67-37,Florida Administrative Code, requires local governments to develop a one-to three-year Local Housing Assistance Plan outlining how funds will be used; and WHEREAS,the SHIP Act requires local governments to establish the maximum SHIP funds allowable for each strategy, and WHEREAS,the SHIP Act further requires local governments to establish an average area purchase price for new and existing housing benefiting from awards made pursuant to the Act;The methodology and purchase prices used are defined in the attached Local Housing Assistance Plan; and WHEREAS, as required by section 420.9075, F.S. It is found that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5%of program income deposited into the trust fund,except that small counties, as defined in s. 120.52(17), and eligible municipalities receiving a local housing distribution of Page 270 of 665 Exhibit 7-37.005(1),F.A.C. [ef . date] up to$350,000 may use up to 10 percent of program income for administrative costs. WHEREAS,the Economic and Community Development Department has prepared a three-year Local Housing Assistance Plan for submission to the Florida Housing Finance Corporation; and WHEREAS, the City Commission finds that it is in the best interest of the public for the (local government)to submit the Local Housing Assistance Plan for review and approval so as to qualify for said documentary stamp tax funds; and NOW THEREFORE, IT RESOLVED1 THE OFTHE FLORIDA that: Section 1: The (commission or council)of the (local government) hereby approves the Local Housing Assistance Plan, as attached and incorporated hereto for submission to the Florida Housing Finance Corporation as required by ss.420.907420-9079,Florida Statutes,for fiscal years Section 2: The (Chairman or Mayor or designee), is hereby designated and authorized to execute any documents and certifications required by the Florida Housing Finance Corporation as related to the Local Housing Assistance Plan, and to do all things necessary and proper to carry out the term and conditions of said program. Section 3: This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS DAY OF 9 Chairman or Mayor or designee (SEAL) ATTEST: City or County Clerk Page 271 of 665 Exhibit"F' STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM INFORMATION SHEET LOCAL GOVRNMENT: City of Boynton each CHIEF ELECTED OFFICIAL: Steven B. Grant, Mayor ADDRESS: 100 East Boynton Beach Blvd., Boynton Beach, Florida 33435 SHIP ADMINISTRATOR: Octavia S. Sherrod, Community Improvement Manager ADDRESS: 100 East Boynton Beach Blvd., Boynton Beach, Florida 33435 TELEPHONE: 561-742-6066 FAX: 561-742-6089 EMAIL ADDRESS: she[Lod@bbfl.us ALTERNATE SHIP CONTACT: S. Lashea Brooks, Community Improvement Specialist TELEPHONE: 561-742-6066 FAX: 561-742-6089 EMAIL ADDRESS: brooksL )bbflus LOCAL GOVERNMENT EMPLOYER FEDERAL IDENTIFICATION MUMBER: 59-6000282 Page 272 of 665 6.D. CONSENTAGENDA 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-077-Authorize the Mayor to sign an I nterlocal agreement between the City of Boynton Beach and the Boynton Beach CRA for funding associated with the NW 11th Avenue Street and Utility Improvements as part of the Model Block Project. EXPLANATION OF REQUEST: On May 8, 2018 the Boynton Beach CRA approved the interlocal between the City and CRA for funding associated with the NW 11th Avenue Street and Utility Improvements as part of the Model Block Project. The City and CRA have been working together on property acquisitions, new single family ownership opportunities, pedestrian enhancements in addition to roadway and utility improvements within the Model Block Project(south of Poinciana Elementary School between NW 11th Avenue and NW 10th Avenue) since 2012. The current project that the City awarded on May 22, 2018 was for roadway, utility and pedestrian improvements to be constructed on NW 11th avenue along with the required re-platting of existing lots owned by the CRA and City in order to create more buildable lots. The ILA will provide funding up to $350,000 towards the Model Block Project in accordance with the CRA budget. The CRA will only reimburse eligible costs as covered by the I LA. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This ILA will provide funding towards the project, the current bid that was awarded was for $507,262.25, funding will be from this I LA with the CRA, Utility funds and the City's capital improvement fund. FISCAL IMPACT: The ILA will provided funding towards the NW 11th Avenue Street and Utility Improvements that are estimated to cost$507,262.25. ALTERNATIVES: Do not approve the ILA STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 273 of 665 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving ILA with CRA for funding of parts of the Model Block Project D I nterlocal Agreement ILA with CRA D Attachment C RA Agenda item 5-8-18 Page 274 of 665 I RESOLUTION NO. R18- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF 5 BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY 6 REDEVELOPMENT AGENCY FOR FUNDING ASSOCIATED 7 WITH THE NW 11TH AVENUE STREET AND UTILITY 8 IMPROVEMENTS AS PART OF THE MODEL BLOCK PROJECT; 9 AND PROVIDING AN EFFECTIVE DATE. 10 WHEREAS; on May 8, 2018 the Boynton Beach CRA approved the Interlocal 11 Agreement between the City and the CRA for funding associated with the NW 11th Avenue 12 Street and Utility Improvements as part of the Model Block Project; and 13 WHEREAS, the City and the CRA have been working together on property 14 acquisitions, new single family ownership opportunities, pedestrian enhancements in addition 15 to roadway and utility improvements within the Model Block Project since 2012; and 16 WHEREAS,the Interlocal Agreement will provide funding up to $350,000.00 towards 17 the Model Block Project in accordance with the CRA budget and the CRA will only reimburse 18 eligible costs as covered by the ILA. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. Each Whereas clause set forth above is true and correct and incorporated 22 herein by this reference. 23 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 24 approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton 25 Beach and the Boynton Beach Community Redevelopment Agency for CRA funding associated C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\IEBD4E10-A292-492D-SEBA-6E761B6C8750\Boynton Beach.10716.1.ILA With CRA_For Funding_Portions_Of Model Block Project_-_Reso.Docx Page 275 of 665 26 with the NW 11th Avenue Street and Utility Improvements as part of the Model Block Project, 27 a copy of said Interlocal Agreement is attached hereto as Exhibit"A". 28 Section 3. That this Resolution shall become effective immediately upon passage. 29 PASSED AND ADOPTED this day of , 2018. 30 CITY OF BOYNTON BEACH, FLORIDA 31 32 YES NO 33 34 Mayor— Steven B. Grant 35 36 Vice Mayor— Christina L. Romelus 37 38 Commissioner—Mack McCray 39 40 Commissioner—Justin Katz 41 42 Commissioner—Joe Casello 43 44 VOTE 45 ATTEST: 46 47 48 49 Judith A. Pyle, CMC 50 City Clerk 51 52 53 (City Seal) 54 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\IEBD4E10-A292-492D-SEBA-6E761B6C8750\Boynton Beach.10716.1.ILA With CRA_For Funding_Portions_Of Model Block Project_-_Reso.Docx Page 276 of 665 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF CERTAIN PORTIONS OF THE MODEL BLOCK PROJECT THIS AGREEMENT is made this _ day of r 2018, by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually and collectively, the "Party" or"Parties"). WITNESSETH : WHEREAS, the 2016 Boynton Beach Community Redevelopment Plan ("Plan") calls for the redevelopment of the Heart of Boynton District as described in the Plan; and WHEREAS, the CITY and the CRA desire to provide funding for a streetscape project known as the Model Block Project ("Project"), which falls within the CRA boundaries, and more specifically, in the Heart of Boynton District; and WHEREAS,the Project is intended to improve the public rights-of-ways in the area of NW 11"' Avenue, west of Seacrest Boulevard in the CITY of Boynton Beach, as more specifically described in Exhibit A("Project Scope"); and WHEREAS, the Project will help prevent and eliminate slum and blight within the Redevelopment Area in accordance with the Plan; and WHEREAS, the CRA desires to assist the CITY with the acquisition of property and infrastructure improvements that are necessary for the Project; and WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's fimds is consistent with the CRA's Redevelopment Plan, and Chapter 163, Florida Statutes; and WHEREAS, due to the intended elimination of slum and blighted conditions, and the beneficial economic impact of the Project, the CRA and the CITY find that this fun ding agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the CITY of Boynton Beach, including the Community Redevelopment Area. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitals. The recitations set forth above are hereby incorporated herein. 2. Obligations of the CRA. 00975472-1 CRA--77h1w:1LAAZ018 Page 277 of 665 a. The CRA shall provide fimding to the CITY in an amount not to exceed Three Hundred Fifty Thousand and 00/100 Dollars ($350,000.00), for the engineering design services of right-of-way improvements, the property acquisitions necessary for the completion of right-of-way improvements, and the undergrounding of existing overhead electrical service as described within the Project Scope, to be used for reimbursement of certain eligible costs. b. The CRA shall make payments to the CITY upon receipt of a written request from the CITY for payment,which request shall include all documentation required by this Agreement. 3. Obligations of the CITY. a. The CITY shall ensure funds provided by the CRA are not used for any purposes prohibited by§ 163.370(3), Florida Statutes, or otherwise prohibited by law. b. The CITY shall ensure that the Project is designed and constructed in compliance with the Plan, C. The CITY shall be responsible for overseeing the Project and contracting with other entities as necessary to effectuate the Project, but shall coordinate with the CRA concerning compliance with the Plan. d. Upon request from the CRA, or an authorized agent of the CRA, including the Executive Director and the CRA Attorney, the CITY shall provide all documents reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance Florida Statutes. 4. Reimbursement of Funds a. The CITY shall provide a written request for reimbursement of funds ("Reimbursement Request")to the CRA no later than December 31, 2018, which shall include the following information: i. The amount of reimbursement requested; ii. A summary of the Project improvements for which the City seeks reimbursement; iii. A statement and evidence that the Project is in compliance with the Plan. iv. Copies of all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payment made by the CITY for the Project for which the CITY is seeking reimbursement. b. Upon receipt of a Reimbursement Request from the CITY meeting the requirements of this Agreement, the CRA shall remit funding in the amount requested, consistent with this Agreement, to the CITY within thirty(30)days of receipt of the Reimbursement Request. 00975472-1 CRAMriwAMU018 2 Page 278 of 665 C. If the CITY fails to submit a Reimbursement Request by December 31, 2018, the CITY will no longer be eligible to receive any reimbursement and this Agreement shall terminate. If the CITY submits a Reimbursement Request that the CRA deems incomplete, the CRA shall notify the City in writing. The City shall have 30 days from receipt of the notice to provide the necessary documentation to complete the Reimbursement Request. If the City fails to provide the documentation required by the CRA within 30 days, the City shall only be eligible for the portion of the Reimbursement Request, if any, that the CRA deems complete and eligible. The CRA will not reimburse the City for any portion of the request the CRA deems ineligible for reimbursement. 5. Limits of CRA Obligations for the Project. The Parties agree that the CRA shall only be responsible to the CITY for providing reimbursement for eligible expenses for the Project, and shall not otherwise be responsible for effectuating the Project. 6. Indemnification. The CITY shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct of persons or the faulty equipment (including equipment installation and removal) associated with the Project. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the CITY as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the CITY to indemnify the CRA for its own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 7. Term of the Agreement. This Agreement shall become valid and commence upon execution by the last Party to this Agreement, and unless earlier terminated pursuant to this Agreement, shall terminate on December 31, 2018, or after the CRA reimburses the CITY, whichever occurs first ("Termination Date"). In no case shall the CRA be required to reimburse the CITY for any requests submitted after the Termination Date. The term of the Agreement may be extended only upon the execution of a written amendment signed by the CITY Council and the CRA Board. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreement in accordance with other provisions in this Agreement. 0097M72-1 CRA:TDriw:ILM2018 3 Page 279 of 665 1 8. Records. The CITY and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other Party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least 1 year after the termination of the Agreement. 9. Filing, The CITY shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11) of the Florida Statutes 10. Default. If either Party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of ten(10) calendar days after receipt of written notice of such default from the other Party, the Party giving notice of default may terminate this Agreement through written notice to the other Party. Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of such rights.No Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. 11. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 12. Compliance with Laws. The CITY and the CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be.applicable. 13. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the to of this Agreement. 00975472-1 CRA:TDriYc:1L&s\201 9 4 Page 280 of 665 14. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such the remainder of the Agreement shall continue to be binding upon the Parties. To that end, this Agreement is declared severable. 15. Governing Law and Venue. The terms of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of laws principles. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida, to which the Parties expressly agree and submit. 16. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 17. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice. CITY: Lori LaVerriere, CITY Manager CITY of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 CRA: Michael Simon, Executive Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, Florida 33435 Copies To: James A. Cherof Goren, Cherof,Doody&Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 00754112-1 CRAMkivelLAsUDIS 5 Page 281 of 665 Copies To: Tara Duhy,Esquire Lewis,Longman&Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 18, No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Party. 19. Interpretation Independent Advice. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 20. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 21. Survival. The provisions of this Agreement regarding indemnity, waiver, and termination, and records shall survive the expiration or termination of this Agreement and remain in fall force and effect. 22. Time is oft a Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 23. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, expenses, and costs, including those at the appellate level, in addition to any other relief to which it may be entitled. 00975472-1 C7,A.TDriwMAsV918 6 Page 282 of 665 IN WITNESS WHEREOF, the CITY and the CRA hereto have executed this Agreement as of the to set forth above. ATTEST: CITY OF BOYNTON BEACH, a Florida municipal corporation By: Juditb Pyle, CITY Clerk Steven B. Grant, Mayor Approved as to Form: Date: (SEAL) Office of the CITY Attorney Approv to F rrn: BOYNTON BEACH COMMUNITY pprov rin. REDEVELOPMENT AGENCY """y U'PM AGENCY I,x5f By: 0 e jothe CRA Attorney Stees' B. Grant, Chair Date:— O'Y 0075472-1 CRA:TDHJlAsUOIS 7 Page 283 of 665 EXHIBIT A Project Scope — Design Plans 00975472-1 CakTDrM:MAs\2G18 8 Page 284 of 665 Q14 SnN valbwj HO 30 NOMOS afl� see.Yr si 9"/ uHO V20 NOINA08-40 AID S310NIVH9N30 oimnudid iswom (IQiw.A anN3AV FUI PAN till 11 1ul I 111! 0 1 o 11 1 .1 11 ill IF, FRI tilt IR 'I I I �ll I.1 - j 1 1, 11, Ill 11110,11 R Noun 11 IMF all molt 1.1 F, ! 91 oil I JillP,111% LZO gill I b h 9 01111 IF HIP 11191 11 IN 6 2 I ik R it 11h all 1 12 Wks L" I ill, lei Bit 0 0 111. I, z OYe N H ffi I I -- I I I . I 1 11 11 11110 -i ,all I H Is it l I lit 1101 1 .1.1 11. 1 1 Ill H9111 11. 11 JOB 1 OR Jill HIM lb 11111 61 1 I,s lit 0 ro a t 011111 leEHIM 0 IS 501 10 ,11 ll 111110 Ail Ill II di fig 11 1911 1 M. 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I I I� a i I I I I d II - m l M 002 zz wmv gag — h y ® gg LL II I — II a 11 B I e — 1� Qmrs CD C. 41 I 5 r 2 I I L �' p3- m ® p LU �� W kt � ,, ;st{rrr; � 1Fd?2'22tk': er ��1 e uj LL ax LL NMS 69U0Lnu.xg 03.LNI'dd [E'.9c:K StOMIM 31YUSIVU JD-W Page 290 of 665 0 SECTION 07025 -MEASUREMENT AND PAYMENT PROCEDURES PART 1 GENERAL of work has not been established by the Bid Form or Payment Items, he shall 1.01 GENERAL include the cost for that work in some other applicable bid item, so that his A. The Contractor shall receive proposal for the project does reflect his and accept the compensation total price for completing the work in its provided in the Bid and the entirety. Contract as full payment for furnishing all materials, labor, 1.02 MEASUREMENT tools and equipment, for performing all operations A. The quantities for payment under this necessary to complete the Contract shall be determined by actual work under the Contract, and measurement of the completed items, in also in full payment for all loss place, ready for service and accepted by or damages arising from the the CITY, in accordance with the nature of the work, or from any applicable method of measurement discrepancy between the therefore contained herein. actual quantities of work and quantities herein estimated by 1.03 AUTHORITY the CONSULTANT, or from the action of the elements or from A. Measurement methods delineated in the any unforeseen difficulties FDOT Standard Specifications for Road which may be encountered and Bridge Construction 2000 Edition, or during the prosecution of the the individual specification sections work until the final acceptance complement the criteria of this section. In by the CITY. the event of conflict, the Contractor shall notify the CITY in writing. In determining B. The prices stated in the Bid the resolution, the CITY shall consider include all costs and expenses the requirement of the individual for taxes, labor, equipment, specification section, FDOT requirements materials, commissions, and this Section. transportation charges and expenses, patent fees and B. Any requirements of the Contract royalties, labor for handling Documents, i.e., technical specifications materials during inspection, or project construction drawings for which together with any and all other the method of payment is not explicitly costs and expenses for defined are considered to be incidental performing and completing the costs and should be included in other pay work as shown on the items as appropriate. Drawings and specified herein. The basis of payment for an 1.04 RELATED SECTIONS: item at the unit price shown in the proposal shall be in A. Testing Allowance accordance with the description of that item in this B. Applications for Payments: Section Section. SC1027 C. The Contractors attention is C. Shop Drawings, Working Drawings, and again called to the fact that the Samples—Section SCO 1340 quotations for the various items of work are intended to D. Schedule of Values.Section SCO 1370 establish a total price for completing the work in its E. Change Order Procedures: Section entirety. Should the Contractor SC01153 feel that the cost for any item F. Field Engineering:Section SCO1050 Boynton Beach Utilities—NW 116'Avenue Reconstruction SCO1025-1 MEASUREMENT AND PAYMENT PROCEDURES Page 291 of 665 G. Record Drawing Requirements Reports with next Application Section SC01705 for Payment to the CITY. H. Testing Specific Utility Systems b. Reimbursement to the Contractor upon proof of 1. Refer to Section 02513 payment (to the testing and/or POTABLE WATER AND inspecting firm) on approval by RECLAIMED WATER the CONSULTANT. DISTRIBUTION SYSTEMS for applicable and specific B. When other allowances, such as requirements. Contractor is NPDES permit and/or SFWMD responsible for all testing costs dewatering permit application fees, or associated with these systems. coordination with FP&L/AT&T/ Comcast or other utility are identified on the 1.05 ALLOWANCES Schedule of Bid Items, the following applies: A. When a Testing Allowance is identified on the Schedule of Bid 1. Only those items qualified for CITY Items,the following applies: reimbursement shall be considered. All items shall have written, 1. Costs in Testing Allowance advance approval of the CITY. includes engaging a certified, testing agency; execution of 2. Payment Procedures: tests; and reporting results as approved by the CITY and a. Submit two (2) copies of the CONSULTANT. agreed invoicing format with proof of payment (as 2. Costs not included in the applicable) with next Testing Allowance: Application for Payment. a. Costs of testing services 1.06 SCHEDULE OF VALUES used by Contractor separate from Contract A. Submit Schedule of Values at the Pre- Document requirements Construction Meeting. b. Testing agency's stand-by B. The Schedule of Values shall be a time. computer generated original. When the Contractor's proposed Schedule of c. Costs of retesting upon Values is accepted by the CITY, it shall failure of previous tests as become the basis for the Application for determined by the Payment. CONSULTANT. C. Contractor shall only revise the 3. Only those items qualified for accepted Schedule of Values to identify, CITY's reimbursement shall be as separate line items approved on a considered. Such items may Field Order or Change Order. The CITY include water quality testing of may issue a Field Order substituting or dewatering activities, modifying Schedule of Value items. geotechnical, concrete strength cylinders, special compaction 1.07 APPLICATIONS FOR PAYMENT and proctor testing, etc. All predetermined items shall have A. Submit five (5) copies of each written, advance approval of Application for Payment (AFP). After the CITY. certification by the CONSULTANT, the CONSULTANT will retain one (1) copy, 4. Payment Procedures: one (1) copy will be returned to the Contractor and three (3) copies will be a. Submit two (2) copies of forwarded to the CITY for review, the testing and/or authorization and processing. inspecting firm's invoice and copies of the Test Boynton Beach Utilities—NW 111'Avenue Reconstruction SCO1025-2 MEASUREMENT AND PAYMENT PROCEDURES Page 292 of 665 B. Content and Format: Utilize capping. The replacement of existing Schedule of Values for listing items irrigation in the Public Right-Of-Way as in Application for Payment outlining the result of pipeline installation or Swale the following: development is NOT a pay item. Replacement of existing ROW irrigation 1. Provide a column for each of shall be incidental to the Unit Price of the following: the pipeline or swale development. a. Item Number 1.08 MEASUREMENT OF AND PAYMENT FOR WORK b. Item Description A. Monthly Payments to the Contractor. c. Quantity The Contractor shall plan its work for construction on the basis of twelve (12) d. Unit of measurement monthly pay periods per year. So long e. Scheduled Value as the work is prosecuted in compliance with the provisions of the Contract, the f. Change Orders Contractor will, on or about the last day of the pay period, make an approximate g. Work Completed: estimate, in writing on a form approved 1. Previous Period by the CITY of the proportionate value (Quantity and Value) of the work done,items,and locations of 2. This Period(Quantity the work performed up to and including and Value) the last day of the period then ending. The CONSULTANT will then review h. To Date (Quantity and such estimate and make the necessary Value) recommendations to the Contractor for revision. The Contractor shall revise the i. Percentage of Completion Application for Payment and resubmit to the CONSULTANT for review and j. Balance to Finish Certification.Redlined Applications for Payment will not be accepted by the k.. Retainage CITY. If the Contractor and the CONSULTANT do not agree on the NOTE: There is no column for approximate estimate of the "Materials Stored". proportionate value of the work done for does not pay for items ordered any pay period, the determination of the and or stored on site. As CONSULTANT shall be binding. The defined later in this Sectionamount of such estimate after deducting payment for pay items are paid_ ten percent (10%®) and all previous for once the item is installed, payments, shall be due and payable to measured in place, completed the Contractor in accordance with the and accepted. Florida Prompt Payment Act, §218.70 Florida Statutes, as may be amended C. Application for Final Payment must from time to time. be marked FINAL. Contractor must include in the FINAL AFP package, B. Substantiating Data: When the proof of payment and final CONSULTANT requires substantiating settlement with the CITY with information, Contractor shall submit data regards to any temporary and/or justifying quantities and dollar amounts construction water meters used in question. Contractor shall provide during the course of the project. three (3)copies of data with cover letter for each copy of submittal showing D. When existing Right-Of-Way application number and date, and line (ROW) irrigation must be disturbed item by number and description. due to pipeline installation or swale development, any existing irrigation 1.09 MEASUREMENT AND PAYMENT - UNIT lines shall be marked on the PRICES Contractors drawings prior to or at the time of temporary cutting-&- A. Measurement methods delineated in individual specification sections Boynton Beach Utilities-NW 11"'Avenue Reconstruction 5COt025-3 MEASUREMENT AND PAYMENT PROCEDURES Page 293 of 665 0 complement criteria of this section. 1.10 Measurement of Quantities: In event of conflict, requirements of individual specification section A. Weigh Scales: Inspected, tested and govern. certified by the applicable State of Florida Weights and Measures B. Contractor shall take daily and department Within the past year. weekly measurements and compute quantities. The Contractor B. Platform Scales: Of sufficient size and shall review and sign these daily capacity to accommodate the conveying and weekly measurements with the vehicle. CONSULTANT. The CONSULTANT shall also sign-off C. Metering Devices: Inspected, tested and on the weekly measurement sheets certified by the applicable State of indicating the CONSULTANT's Florida Weights and Measures progressive concurrence with the Department within the past year. quantities. The Contractor shall transmit the signed-off weekly D. Measurement by Weight: Concrete measurement sheets to the reinforcing steel rolled or formed steel or CONSULTANT. These other metal shapes will be measured by measurement sheets shall be used handbook weights. Welded assemblies to form the basis of the quantities will be measured by handbook or scale claimed on the Application For weight. Payment. E. Measurement by Volume: Measured by C. Unit Quantities cubic dimension using mean length, width and height or thickness. 1. Quantities indicated in the Schedule of Bid Items are for F. Measurement by Area: Measured by bidding and contract purposes square dimension using mean length only. Quantities.-... and and width or radius. measurements supplied or placed In the Work and verified G. Linear Measurement: Measured by by the Consultant and CITY linear dimension, at the item centerline. determine payment. Minor offsets(less than a total of five (5) feet) Will not be measured for payment. 2. If the actual Work requires Measurement shall be along the more or fewer ausintities than horizontal axis at finished grade. those auantities indicated in the bid items, ContractorshallH. Stipulated Sum/Price Measurement: provide the required quantities Items measured by weight, volume, at the unit - sum/prices area,or linear means or combination,as contracted. appropriate, as a completed and accepted item or unit of the Work. D. Payment Includes: Full compensation for required labor, I. Payment for Work does not indicate products, tools, equipment, acceptance. Work items previously paid facilities, transportation, services for may require additional work effort to and incidentals; erection; bring them into compliance with the application or installation of an item requirements of the specific technical of the Work; and overhead and specifications and/or project drawings. profit. 1.11 UNIT OF MEASURE—SCHEDULE OF BID E. Final payment for Work governed PRICES by unit prices will be made on the basis of the actual measurements A. Payment for furnishing and installing and quantities accepted by the those items cited in the Schedule of Bid CONSULTANT and CITY, Items and subsequent Schedule of multiplied by the unit sum/price for Values is noted herein. If"remove and Work, which is incorporated in or replace" is indicated on the project made necessary by the Work. construction drawings (by either annotation or line weight), then the item Boynton Beach Utilities—NW 111 Avenue Reconstruction SC01 025-4 MEASUREMENT AND PAYMENT PROCEDURES ............. ........................ Page 294 of 665 0 descriptions below include the pay item may be disqualified and the removal and proper disposal of the CITY and Consultant may not existing items. evaluate their bid proposal. This cost shall be shown on the Schedule of B. Mobilization/Demobilization Bonds Values. Insurance & General Requirements — Bid Items No.1 3. Partial payments for the NPDES compliance shall be made in 1. Payment for the General accordance with the following Conditions shall be made per schedule: item and shall be full compensation for preparatory Percent of original Allowable percent of work and operations in mobilizing Contract Amount NPDES Compliance and demobilizing for the project Earned including but not limited to, those 10 10 operations necessary for the 25 25 movement of personnel, 50 50 equipment, supplies and 75 No additional payment incidentals to and from the Final Payment 100 project site, Maintenance of Traffic, for establishment of D. Record Drawings—Bid Item No.3 temporary offices, buildings, 1. Payment for Record Drawings shall safety equipment, sanitary and other facilities and nd compliance be made at the Contract lump sum it conditions for permits price and shall be full compensation with perm secured it either the Owner or for preparation and maintenance of Contractor. the Record Drawings as specified in technical specification 01340 SHOP 2. MOT plans shall be required for DRAWING REQUIREMENTS and the work within City of Boynton requirements of this Special Beach R-O-W. Conditions. 3. Audio Video Documentation shall 2. Partial payments for the Record be performed pre and post Drawings shall be made in construction as specified in accordance with the following Special Conditions SCO1390 schedule: VIDEO AND PHOTOGRAPHIC Percent of Original Contract Allowable percent of Lump SITE SURVEY. Amount Earned Sum Price For Record Drawings 4. The cost of bonds, permits, 10 10 required insurance and any other 25 25 pre-construction expense 50 50 necessary for the start of the 75 75 work shall also be included in the Final Payment 100 General Conditions. 3. Contractor shall submit updated As- C. NPDES Compliance—Bid Item No_2 Built Drawings with each Pay Application Request. 1. Payment for NPDES compliance shall include the preparation of E. Indemnification—Bid Item No.4 the NPDES Plan, development and compilation of the BMPs, site 1. Payment under this item is in implementation and accordance with of the Front-End documentation of inspections. Contract Documents. 2. Contractor shall refer to the F. Demolition—Bid Item No.5 Schedule of Bid Items for instructions on the method of 1. Method of Measurement: The calculation for this Pay Item. Any quantity to be paid for under this bidder who enters an amount section shall be on a lump sum basis. greater than the 1.5%limit for this Boynton Beach Utilities—NW III Avenue Reconstruction SC01025-5 MEASUREMENT AND PAYMENT PROCEDURES Page 295 of 665 Z Basis of Payment: Payment shall be at the Contract Lump I. Sub rade Preparation—Bid item No.8 Sum Price and shall include, but not be limited to, furnishing 1. Method of Measurement: The all materials, labor, and quantity to be paid for under this equipment required to remove section shall be per square yard. concrete sidewalk, signs, fence, guardrail, . asphalt 2. Basis of Payment: Payment shall pavement, base, curb&gutter, be at the Contract Unit Price and on-site debris, abandoned shall include, but not be limited to, utilities, utilities to be removed furnishing all materials, labor, and except those with separate bid equipment required to prepare items, including disposal, and subgrade, including stabilizing, any other work described on grading, compaction, testing, and the plans or required for a any other work described on the complete and functional plans or required for a complete system. and functional system. G. Site Restoration—Bid Item No.6 J. Base—Bid Item No.9 1. Method of Measurement: The 1. Method of Measurement: The quantity to be paid for under this quantity to be paid for under this section shall be on a lump sum section shall be per square yard. basis. 2. Basis of Payment: Payment shall 2. Basis of Payment: Payment be at the Contract Unit Price and shall be at the Contract Lump shall include, but not be limited to, Sum Price and shall include, furnishing all materials, labor, and but not be limited to, furnishing equipment required to install base all materials, labor, and material, including grading, equipment required to restore compaction, testing, and any other the site to a condition equal to work described on the plans or or better than the existing and required for a complete and any other work described on functional system. the plans or required for a complete and functional system. K. Millin —Bid Item No. 10 1. Method of Measurement: The H. Earthwork—Bid Item No.7 quantity to be paid for under this section shall be per square yard. 7. Method of Measurement: The quantity to be paid for under this 2. Basis of Payment: Payment shall section shall be on a lump sum be at the Contract Unit Price and basis. shall include, but not be limited to, furnishing all materials, labor, and 2. Basis of Payment: Payment equipment required to mill the shall be at the Contract Lump existing asphalt pavement (V Sum Price and shall include, minimum), including millings but not be limited to, furnishing disposal, and any other work all materials, labor, and described on the plans or required equipment required to bring the for a complete and functional site to proposed grade, system, including excavation, embankment,grading, disposal Of excess material, L. 1"Asphalt—Bid Item No. 11 compaction, testing, and any 1. Method of Measurement: The other work described on the quantity to be paid for under this plans or required for a complete and functional section shall be per square yard. system. Boynton Beach Utilities—NW 11"'Avenue Reconstruction SC01025-6 MEASUREMENT AND PAYMENT PROCEDURES Page 296 of 665 0 2. Basis of Payment: Payment 2. Basis of Payment: Payment shall shall be at the Contract Unit be at the Contract Unit Price and Price and shall include, but not shall include, but not be limited to, be limited to, furnishing all furnishing all materials, labor, and materials, labor, and equipment required to install base equipment required to install 1' material, including grading, thick asphalt (compacted compaction, testing, and any other thickness), including tack coat, work described on the plans or compaction, testing, overbuild, required for a complete and and any other work described functional system. on the plans or required for a complete and functional P. Millin —Count RMI—Bid Item No. 15 system. 1. Method of Measurement: The M. 1-112"Asphalt—Bid Item No.12 quantity to be paid for under this section shall be per square yard. 1. Method of Measurement: The quantity to be paid for under this 2. Basis of Payment: Payment shall section shall be per square yard. be the Contract Unit Price and shall include, but not be limited to, 2. Basis of Payment: Payment furnishing all materials, labor, and shall be at the Contract Unit equipment required to mill the Price and shall include, but not existing asphalt pavement (1" be limited to, furnishing all minimum), including millings materials, labor, and disposal, and any other work equipment required to install 1- described on the plans or required 112" thick asphalt (compacted for a complete and functional thickness), including prime system. coat, compaction, testing, and any other work described on Q. 1" Asphalt — Count RAMI — Bid Item No. the plans or required for a 16 complete and functional 1. Method of Measurement: The system. quantity to be paid for under this N. 5uborade Preparation — County Rsection shall be per square yard. MI —Bid Item No.13 2. Basis of Payment: Payment shall be at the Contract Unit Price and 1. Method of Measurement: The shall include, but not be limited to, quantity to be paid for under this furnishing all materials, labor, and section shall be per square yard. equipment required to install 1" Payment: Payment thick asphalt (compacted 2. Basis of Pa Y thickness), including tack coat, shall be at the Contract Unit compaction, testing, overbuild, and Price and shall include, but not any other work described on the be limited to, furnishing all plans or required for a complete materials, labor, and and functional system. equipment required to prepare subgrade, including grading, R. 1-112" Asphalt — County RAW — Bid Item compaction, testing, and any No. 17 other work described on the plans or required for a 1. Method of Measurement: The complete and functional quantity to be paid for under this system. section shall be per square yard. O. Base—County RAW—Bid Item_No. 14 2. Basis of Payment: Payment shall be at the Contract Unit Price and 1. Method of Measurement: The shall include, but not be limited to, quantity to be paid for under this furnishing all materials, labor, and section shall be per square yard. equipment required to install 1-112" thick asphalt (compacted Boynton Beach Utilities—NW 111 Avenue Reconstruction SCO1025-7 MEASUREMENT AND PAYMENT PROCEDURES Page 297 of 665 t, i thickness), including prime equipment required to adjust coat, compaction, testing, and existing manhole rims to proposed any other work described on grade and any other work described the plans or required for a on the plans or required for a complete and functional complete and functional system. system. V. Exfiltration Trench—Bid Item No.21 S. Ditch Bottom Inlet--Bid Item No. 18 1. Method of Measurement: The 1. Method of Measurement: The quantity to be paid for under this quantity to be paid for under this section shall be per linear foot. section shall be per each. 2. Basis of Payment: Payment shall 2. Basis of Payment: Payment be at the Contract Unit Price and shall be at the Contract Unit shall include, but not be limited to, Price and shall include, but not furnishing all materials, labor, and be limited to, furnishing all equipment required to install materials, labor, and exfiltration trench, including filter equipment required to install fabric, washed rock, pipe (including ditch bottom inlets, including solid sections at inlets/manholes), filter fabric, washed rock, pipe backfill, compaction, testing, and connections, frame & grate, any other work described on the backfill, compaction, testing, plans or required for a complete and any other work described and functional system. on the plans or required for a complete and functional W. Flume—Bid Item No.22 system. 1. Method of Measurement: The T. Manhole—Bid Item No. 19 quantity to be paid for under this section shall be per each. 1. Method of Measurement: The quantity to be paid for under this 2. Basis of Payment: Payment shall section shall be per each. be at the Contract Unit Price and shall include, but not be limited to, 2. Basis of Payment: Payment furnishing all materials, labor, and shall be at the Contract Unit equipment required to install Price and shall include, but not flumes, including excavation, be limited to, furnishing all formwork, concrete placement, saw materials, labor, and cutting, and any other work equipment required to install described on the plans or required manholes, including filter for a complete and functional fabric, rock support, pipe system. connections, bricks, frame & cover, backfill, compaction, X. Bollard—Bid Item No.23 testing, and any other work described on the plans or 1. Method of Measurement: The required for a complete and functional system. quantity to be paid for under this section shall be per each. U. Adiust Rim—Bid Item No.20 2. Basis of Payment: Payment shall be at the Contract Unit Price and 1. Method of Measurement: The shall include, but not be limited to, quantity to be paid for under this furnishing all materials, labor, and section shall be per each. equipment required to install bollards, including excavation, 2. Basis of Payment: Payment formwork, concrete placement, shall be at the Contract Unit backfilling, compaction, testing, Price and shall include, but not painting, and any other work be limited to, furnishing all described on the plans or required materials, labor, and for a complete and functional Boynton Beach Utilities—NW 11th Avenue Reconstruction SC01025-8 MEASUREMENT AND PAYMENT PROCEDURES Page 298 of 665 i system. system. Y. Curb&Gutter—Bid Item No.24 BB, Detectable Warning—Bid Item No.27 1. Method of Measurement: The 1. Method of Measurement: The quantity to be paid for under this quantity to be paid for under this section shall be per linear foot. section shall be per square foot. 2. Basis of Payment: Payment 2. Basis of Payment: Payment shall shall be at the Contract Unit be at the Contract Unit Price and Price and shall include, but not shall include, but not be limited to, be limited to, furnishing all furnishing all materials, labor, and materials, labor, and equipment required to install equipment required to install detectable warning surfaces and curb & gutter, including any other work described on the compaction, formwork, plans or required for a complete placement, saw cutting,testing, and functional system. and any other work described on the plans or required for a CC.Sign—Bid Item No.28 complete and functional system. 1. Method of Measurement: The quantity to be paid for under this Z. Curb—Bid Item No.25 section shall be on an assembly basis. 1. Method of Measurement: The quantity to be paid for under this 2. Basis of Payment: Payment shall section shall be per linear foot. be at the Contract Lump Sum Price and shall include, but not be limited 2. Basis of Payment: Payment to, furnishing all materials, labor, shall be at the Contract Unit and equipment required to install Price and shall include, but not signs, including anchor, post, be limited to, furnishing all fasteners, placard, and any other materials, labor, and work described on the plans or equipment required to install required for a complete and curb, including compaction, functional system. formwork, placement, saw cutting, testing, and any other DD. Pavement Markin —Bid Item No.29 work described on the plans or required for a complete and 1. Method of Measurement: The functional system. quantity to be paid for under this section shall be on a lump sum basis. AA. Sidewalk—Bid Item No.26 2. Basis of Payment: Payment shall 1. Method of Measurement: The be at the Contract Lump Sum Price quantity to be paid for under this and shall include, but not be limited section shall be per square yard. to, furnishing all materials, labor, and equipment required to install 2. Basis of Payment: Payment thermoplastic pavement markings, shall be at the Contract Unit including temporary markings, Price and shall include, but not retroreflective pavement markers, be limited to, furnishing all and any other work described on materials, labor, and the plans or required for a complete equipment required to install and functional system. concrete sidewalk, including grading,compaction,formwork, EE. 2" Line Stog and Restrained Ca — Bid placement, expansion joints, Item No.30 saw cutting, testing, and any other work described on the plans or required for a complete and functional Boynton Beach Utilities—NW 1111'Avenue Reconstruction SC01025-9 MEASUREMENT AND PAYMENT PROCEDURES Page 299 of 665 I o Method of Measurement: The backfilling, compaction, testing, and quantity to be paid for under this any other work described on the section shall be per each. plans or required for a complete and functional system. 2. Basis of Payment: Payment shall be at the Contract Lump HH.6"x8"Reducer—Bid Item No.33 Sum Price and shall include, but not be limited to, furnishing 1. Method of Measurement: The all materials, labor, and quantity to be paid for under this equipment required to install 2" section shall be per each. line stop and restrained cap, including excavation, concrete, 2. Basis of Payment: Payment shall backfilling, compaction, testing, be at the Contract Unit Price and temporary patching, and any shall include, but not be limited to, other work described on the furnishing all materials, labor, and plans or required for a equipment required to install 6"x8" complete and functional reducers, including restraint, and system. any other work described on the plans or required for a complete PI=. Water Main Removal — Bid Item No. and functional system. 31 ll. 14"x8"Stainless Steel Ta in leeve and 1. Method of Measurement: The Valve—Bid Item No.34 quantity to be paid for under this section shall be per linear foot. 1. Method of Measurement: The quantity to be paid for under this 2. Basis of Payment: Payment section shall be per each. shall be at the Contract Unit Price and shall include, but not 2. Basis of Payment: Payment shall be limited to, furnishing all be at the Contract Unit Price and materials, labor, and shall include, but not be limited to, equipment required to remove furnishing all materials, labor, and potable water system,including equipment required to install 14"x8" excavation, draining, pipe, stainless steel tapping sleeve and services, meter boxes, valve, including excavation, appurtenances, disposal, restraint, box, EMS marker, backfilling, compaction, testing, indicator plate, backfilling temporary restoration, and any compaction, testing, and any other other work described on the work described on the plans or plans or required for a required for a complete and complete and functional functional system. system. JJ. 6"Gate Valve—Bid Item No.35 GG.6"x6" Stainless Steel Tappina Sleeve and Valve—Bid Item No.32 1. Method of Measurement: The quantity to be paid for under this 1. Method of Measurement: The section shall be per each. quantity to be paid for under this section shall be per each. 2_ Basis of Payment: Payment shall be at the Contract Unit Price and 2. Basis of Payment: Payment shall include, but not be limited to, shall be at the Contract Unit furnishing all materials, labor, and Price and shall include, but not equipment required to install 6"gate be limited to, furnishing all valves, including restraint, box, materials, labor, and EMS marker, indicator plate, and equipment required to install any other work described on the 6"x6" stainless steel tapping plans or required for a complete sleeve and valve, including and functional system. excavation, restraint, box, EMS marker, indicator plate, KK. 8"Gate Valve—Bid Item No.36 Boynton Beach Utilities—NW 11"'Avenue Reconstruction SC01025-10 MEASUREMENT AND PAYMENT PROCEDURES Page 300 of 665 1. Method of Measurement: The 3. Method of Measurement: The quantity to be paid for under this quantity to be paid for under this section shall be per each. section shall be per each. 2. Basis of Payment: Payment shall 4. Basis of Payment: Payment be at the Contract Unit Price and shall be at the Contract Unit shall include, but not be limited to, Price and shall include, but not furnishing all materials, labor, and be limited to, furnishing all equipment required to install fire materials, labor, and hydrants, including excavation, equipment required to install 8" fittings,valves, pipe, restraint,thrust gate valves, including restraint, blocks, EMS marker, backfill, box, EMS marker, indicator compaction, testing, and any other plate, and any other work work described on the plans or described on the plans or required for a complete and required for a complete and functional system. functional system. 00.8'Water Main with Tracer Wire—Bid Item LL. Sam lin Point—Bid Item No.37 No.40 1. Method of Measurement: The 1. Method of Measurement: The quantity to be paid for under this quantity to be paid for under this section shall be per each. section shall be per linear foot. 2. Basis of Payment: Payment 2. Basis of Payment: Payment shall shall be at the Contract Unit be at the Contract Unit Price and Price and shall include, but not shall include, but not be limited to, be limited to, furnishing all furnishing all materials, labor, and materials, labor, and equipment required to install 8" equipment required to install water main with tracer wire, sampling points, including including excavation, additional chlorinating the main, piping required to account for bacteriological testing, and any change in vertical elevation, other work described on the disinfection, filling, backfilling, plans or required for a compaction, pressure testing, and complete and functional any other work described on the system. plans or required for a complete and functional system. MM.8"x6"Tee—Bid Item No.38 3. Method of Measurement: The PP: 8" 11.25-Degree Bend—Bid Item No.41 quantity to be paid for under this 1. Method of Measurement: The section shall be per each. quantity to be paid for under this section shall be per each. 4. Basis of Payment: Payment shall be at the Contract Unit 2. Basis of Payment: Payment shall Price and shall include, but not be at the Contract Unit Price and be limited to, furnishing all shall include, but not be limited to, materials, labor, and furnishing all materials, labor, and equipment required to install equipment required to install 8" 8"x8" tees, including restraint, 11.25-degree bends, including and any other work described restraint, thrust blocks, and any on the plans or required for a other work described on the plans complete and functional or required for a complete and system. functional system. NN. Fire Hydrant—Bid Item No.39 QQ.8"45-Degree Bend—Bid Item No.42 Boynton Beach Utilities--NW 11'Avenue Reconstruction 5CO1025-11 M EASU REM ENT AND PAYMENT PROCEDURES Page 301 of 665 0 1. Method of Measurement: The quantity to be paid for under this 3. Method of Measurement: The section shall be per each. quantity to be paid for under this section shall be per each. 2. Basis of Payment: Payment shall be at the Contract Unit 4. Basis of Payment: Payment shall Price and shall include, but not be at the Contract Unit Price and be limited to, furnishing all shall include, but not be limited to, materials, labor, and furnishing all materials, labor, and equipment required to install S" equipment required to install 6" 45-degree bends, including sanitary services, including restraint,thrust blocks,and any excavation, cut-in, EMS marker, other work described on the cleanouts, mini manholes, concrete plans or required for a collars, wing nut plugs, trench complete and functional restoration, testing, and any other system. work described on the plans or required for a complete and RR.Water Service—Bid Item No.43 functional system. 1. Method of Measurement: The UU. Power Under—grounding —Bid Item No.46 quantity to be paid for under this section shall be per each. 1. Method of Measurement: The quantity to be paid for under this 2. Basis of Payment: Payment section shall be on a lump sum basis. shall be at the Contract Unit Proe and shall include, but not 2. Basis of Payment: Payment shall be limited to, furnishing all be at the Contract Lump Sum Price materials, labor, and and shall include, but not be limited equipment required to install to, installing all materials (provided water services, including by FPL), labor, and equipment excavation, casing, copper required to relocate existing tubing, EMS marker, meter overhead power utilities to an boxes, backfilling, compaction, underground location, including testing, and any other work risers, excavation, conduit and wire described on the plans or installation, equipment installation, required for a complete and tracer wire, EMS markers, backfill, functional system. trench restoration, sidewalk restoration, compaction, testing, SS. Lateral Removal—Bid Item No.44 terminations, and any other work described on the plans or required 1. Method of Measurement: The for a complete and functional quantity to be paid for under this system. section shall be per each. W. Telephone Under—grounding —Bid Item No. 2. Basis of Payment: Payment 47 shall be at the Contract Unit Price and shall include, but not 1. Method of Measurement: The be limited to, furnishing all quantity to be paid for under this materials, labor, and section shall be on a lump sum basis. equipment required to remove sanitary sewer laterals, 2. Basis of Payment: Payment shall including excavation, disposal, be at the Contract Lump Sum Price wing nut plugs, trench and shall include, but not be limited restoration, testing, and any to, furnishing all materials, labor, other work described on the and equipment required to relocate plans or required for a existing overhead telephone utilities complete and functional to an underground location, system. including excavation, conduit, pull boxes, ground wires, backfill, TT. 6"Sanitary Service—Bid_Item_No._45 compaction, testing, and any other Boynton Beach Utilities—NW 11'„Avenue Reconstruction SC01025-12 MEASUREMENT AND PAYMENT PROCEDURES Page 302 of 665 0 work described on the plans or testing, and any other work required for a complete and described on the plans or required functional system. for a complete and functional system. WW. Television Undergrounding — Bid Item No.48 YY,. Landscape and Irrigation—Bid Item No 50 1. Method of Measurement: The 1. Method of Measurement: The quantity to be paid for under this quantity to be paid for under this section shall be on a lump sum section shall be on a lump sum basis. basis. 2. Basis of Payment: Payment shall 2. Basis of Payment: Payment be at the Contract Lump Sum Price shall be at the Contract Lump and shall include, but not be limited Sum Price and shall include, to, furnishing all materials, labor, but not be limited to, furnishing and equipment required to install all materials, labor, and landscaping and irrigation, including equipment required to relocate trees, shrubs, ground cover, existing overhead television planting soil, staking, mulch, utilities to an underground maintenance, fence, water service, location, including excavation, controller, rain sensor, excavation, conduit, conduit terminations, valves, boxes, sleeves, mainline, backfill, compaction, testing, thrust blocks, utility marking tape, and any other work described wiring, lateral lines, backfill, on the plans or required for a compaction, testing, sprinklers, complete and functional bubblers, and any other work system. described on the plans or required for a complete and functional XX. Street Lighting—Bid Item No.49 system. 1. Method of Measurement: The 2 PART 2 PRODUCTS Not Used. quantity to be paid for under this section shall be on a lump sum 3 PART 3 EXECUTION Not Used. basis. SPECIAL NOTE: 2. Basis of Payment: Payment shall be at the Contract Lump The CITY retains the option to utilize up to 20% of Sum Price and shall include, the excess material from excavation and trenching but not be limited to, installing operations. If the CITY exercises this option, all materials(provided by FPL), Contractor shall stockpile the excess material and labor, and equipment required deliver to the CITY's facility as directed by the to install street lighting, CITY's Representative. including excavation, conduit installation, pull box installation, tracer wire, EMS END OF SECTION markers, backfill, compaction, Boynton Beach Utilities—NW 11"'Avenue Reconstruction 5CO1025-13 MEASUREMENT AND PAYMENT PROCEDURES Page 303 of 665 (`nisi\t'`1�1,�Alltti b)�i�� B OY N TO,N 118MBEACH ORA CRA BOARD MEETING OF: May 8, 2018 NEW BUSINESS AGENDAITEM: 14.13. SUBJECT: Consideration of Interlocal Agreement between the Boynton Beach CRA and City of Boynton Beach for funding associated with the NW 11th Avenue Street and Utility Improvements associated with the Model Block Project SUMMARY: Located within the Heart of Boynton and Poinciana Gardens neighborhood, the Model Block project continues to be a successful collaboration between the CRA and the City of Boynton Beach to revitalize an entire residential block directly south of Poinciana Elementary School between NW 11th Avenue and NW 10th Avenue. The CRA and City of Boynton Beach have been working together on property acquisitions, new single family homeownership opportunities, pedestrian enhancements in addition to roadway and utility improvements within the Model Block project area since 2012. Working together with Habitat for Humanity and the Boynton Beach Faith Based Community Development Corporation (CDC), six (6) new homes have been built with a seventh home currently under construction (see Attachments I & 11). The project is now focused on the planned roadway, utility and pedestrian improvements to be constructed on NW 11 th Avenue along with the required re-platting of existing lots owned by the CRA and City in order to create more buildable lots. The design and construction plans for the NW 11th Avenue Street and Utility Phase were completed by CRA and City staff working with our engineering services firm, Kimely-Horn & Associates, Inc. The City's Purchasing Department managed the Invitation to Bid (ITB) process along with key City staff from the Planning and Development and Public Works Departments (see Attachment 111). Final contractor selection and contract award will not be completed until the beginning of June 2018 but CRA funding will need to be committed and available to the City in the form of an Interlocal Agreement (ILA) prior to official contract execution by the City Commission (see Attachment IV). The CRA Board approved funding in the amount of $350,000 within the Fiscal Year 2017-2018 Project Fund for the NW 11th Avenue Street & Utility Phase of the Model Block Project. Page 304 of 665 FISCAL IMPACT: Fiscal Year 2017-2018 Budget, Project Fund Line Item - 02-58200-406: $350,000. CRA PLAN/PROJECT/PROGRAM: 2014 Heart of Boynton Plan, 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the Interlocal Agreement between the Boynton Beach CRA and City of Boynton Beach for funding in the amount of $350,000 to be used for the NW 11 th Avenue Street and Utility Improvements associated with the Model Block Project. 2. Do not approve the Interlocal Agreement between the Boynton Beach CRA and City of Boynton Beach for funding in the amount of $350,000 to be used for the NW 11 th Avenue Street and Utility Improvements associated with the Model Block Project. ATTACHMENTS: Description Attachment I - Model Block Project Map Attachment II - Model Block Project, Heart of Boyton District Attachement III - NW 11th Ave Roadway Plans Attachment IV - ILA Model Block - NW 11th Ave Page 305 of 665 y 4t t�t -t i 3331{ �'t{�Ilf t�1IrAjittbt I JS 1 �jil(I �{ �t tt�ti� I�j�j1 t ti;s}ttl 11 It '11 it � )JJ)��II 1 ��Illt�llthi( '� � off,l F A t � t i r � I I tt _._ 1 t 4W, 7�'I ,atFrt � u O r m �3. , , t r t NJ - � I II (t to � �f F. ,i Iiia@Mtaw�lr��, h I — S I { Page 306 of 665 Heartof Boynton Dis tric t Introduction Planning Challenges Planning Considerations The Vision Recommendations Page 307 of 665 ,intro i f'i. C. Stanley Weaver(C-Canal) canal to the north, 1-95 the west, N.E. 3rd Avenue to the south and the The Heart of Boynton District is a 380-acre FEC rail line to the east. The area is within walking neighborhood developed predominantly with distance of the Cultural and Downtown Districts. single-family homes. The neighborhood has several parks, two public schools and numerous A major arterial road—SeacrestBoulevard—runs churches. Unfortunately, it has been the victim through the neighborhood north/south. Martin Luther of disinvestment over the last 50 years. The two King, Jr. Boulevard, once lined with locally-owned Census blocks of Tract 61 which encompasses businesses, runseast/west. this District have the median household income There are o public elementary schools in the of$20,848, the lowest in the City. neighborhood, Poinciana and Galaxy. Both schools To counter the decline of the neighborhood,in 2001 are STEM schools(Science,Technology, Engineering the CRA and City adopted the Heart of Boynton andMath). Community Redevelopment Plan. The Plan was updated in 2014 to reflect the achievements of the There are number of parks and special use areas within the neighborhood, such as, Carolyn Sims original plan and add new projects to reflect the current market conditions. Community Center, Galaxy Park and Scrub and Sara Sims Park. A number of recommendations of the original ;n CRA Plan have been implemented, including: Ap;i • The demolition of the Cherry Hill public housing project 'dF The redevelopment of the Boynton Terrace i� site–Ocean Breeze West– into 21 single- family homes • Redevelopment of Wilson Park and into Carolyn Sims Community Center • Expansion of the Palmetto Greens Park Redevelopment of Sara Sims Park – Master Plan created, property acquired • Streetscape Improvements on Seacrest Boulevard • Redevelopment of Martin Luther King, Jr. Boulevard – Property acquired and Family Dollar developed • Development of new housing – 6 new single family homes developed In partnership with nonprofits, the City and CRA. The Heart of Boynton District is bounded by the Page 308 of 665 r � } w r { 70S .. � , -_.� a�7' '��'f•__ �. �. ,'{fie t'l Figure 5T Heart of Boynton District Location Map Page 309 of 665 The Heart of Boynton area suffers from an aging the neighborhood; clearly, the road is not presently and poorly maintained housing stock. The CRA designed at a neighborhood scale. and City, in partnership with local non-profits, continue to develop single-family homes, but Both 5eacrest Boulevard and Martin Luther King, Jr. there is a need for quality affordable multi-family Boulevard have older, ill-maintained power poles with rental housing. The problem is that--given low overhead utilities, causing a "visual blight." median household incomes—it cost more to build even modest apartments than many of the families can afford. This gap will has to be filled through some form of a subsidy. Another major deterrent to private investment is the visible blight and crime. There are still a number of small convenience stores that , allow loitering and illegal activities for all to see, discouraging people to buy homes or invest in businesses within the area. t z � 5 The District is comprised of small parcels platted in the 1920's – 1930's, during Florida's land Figure 58:Example of District Planning Challenges boom. The parcels are owned by many different people making assembly of a developable site y very difficult and expensive. Moreover, many owners have an unrealistic sense of the value of their property. ® Over the years, the neighborhood has lost most of their retailers and service providers. There is o full service grocery store and only one take- out restaurant. The majority of commercial use is represented by convenience stores. A new Family Dollar store at the corner of Martin Luther King,Jr. Boulevard and 5eacrest Boulevard has been a welcome addition, but there is a need for more retail services. The neighborhood is bifurcated by a four- lane 5eacrest Boulevard, which has only one signalized pedestrian crossing even though there are two elementary schools in the neighborhood. The width of the road and drive aisles encourage speeding through {,_ Page 310 of 665 Several factors were considered in determining the Historic District. There are a significant number of land use designations for the Heart of Boynton District. historic cottages located along both sides of NE future commuter rail station for the planned Tri- 3rd Avenue and the south side of NE 4th Avenue Rail Coastal Link service, which will serve the South between N. Seacrest Boulevard and NE 1st Street. Florida metropolitan region, is planned for downtown at In order to protect these cottages while allowing N.E. 4th between Ocean Avenue and Boynton Beach commercial redevelopment of the south side of NE Boulevard. To improve land development patterns 3rd Avenue, the Plan recommends that: in advance of station development, the City adopted a Downtown Transit Oriented Development District The historic cottages from the south side of ( T ), covering a %Z mile radius around the station's NE 3rd Avenue be relocated to the vacant location,including a portion of the Heart of Boynton.The lots on the north side of NE 3rd Avenue. DTOD district regulations support increased intensity of development through a 2 % density bonus. n completion of the relocations, a historic district, tentatively called Shepard Funkt A second consideration is the Transportation P Addition Historic Cottage District, be created ConcurrencyException Area TCEA which, in addition p ( ) within the block enclosed by N. Seacrest �4;= to the residential exception area applicable east of 1-95, Boulevard, NE 1st Street, NE 3rd Avenue, exempts all development from the Palm Beach County and NE 4th Avenue. I� traffic concurrency requirements thus allowing denser development. The Plan recommends increasing density within t the area where the TCEA and TOD designations overlap. However, because this District is a low- scale neighborhood, no increase in height over ' i recommended. t Jt •YV , c Ss, ij Yit{� ��(Jj}iy$y�1��(( � 1V„t �(c,,:t) s}}��li t� ',?F l5't((tp Yf t 4uY i }\\f tSr1 \\rt t j sirs @i+fi si7 iil��i`�S t��nf jtf c�f}c�1,4±(tl rit yt s��ll ;gili}ir��di11 SL Y'� 7 ” sYSt s Y I �I, a MET Figure g: Historically significant cottages in the HOB Page 311 of 665 Vision The Heart of Boynton area will become a model neighborhood, with its unique character and history preserved. The vision includes enriching the original vernacular architecture of the neighborhood, investing in housing and commercial uses, and connecting both through the pedestrian and vehicular networks. Streetscape enhancements are recommended for the Seacrest Blvd and Martin Luther King Jr. Blvd. The space for these enhancements may be obtained through either right-of-way dedications or public easements. The enhancements should include: • Implement a Complete Streets program for Seacrest Boulevard and ML K Jr. Boulevard to accommodate bike lanes and bike racks, widening of sidewalks, decorative street lights, street furniture, and on-street parking. • Marking of major intersections with materials such as pavers, paint, etc. • Enhanced median landscaping ` Bus shelters (will be required as part of new construction) • Additional signalized pedestrian crossings(including mid-block)along Seacrest BoulevardAddition of canopy street trees (,f Creation of a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: k` Minimum 8'wide clear sidewalk �Ittr • Decorative light poles at both the vehicular and pedestrian scales }is,�. • Require installation of canopy trees that provide immediate shading at time of construction • Undergrounding of overhead utilities • Creation of a greenway to connect the greenway proposed along NW 1 st Avenue, Sara Sims Park, and Wilson Park per the Connectivity Plan • Creation of an eco-trail to connect the existing scrub and linear parks per the Connectivity Plan I I Page 312 of 665 " Figure 60. Seacrest'Blvd Streetscape Area rgureL lvd. t'reetscape rea` t.� 6 45'Max. RES. 2i'WN Awour RES. VA Aq �J �C RES e ; RES, s'o` �a a• s`o` �'a` �'o• 12'-W Figure 62: MILK JR. Blvd.Street Section Page 313 of 665 The existing land use designations within the Heart of Boynton District are: • Low Density Residential —5 units per acre (all of this land use designation is concentrated on the west side of Seacrest Boulevard. • Medium Density Residential — 10 units per acre (this land use designation is concentrated on the east side of SeacrestBoulevard) • High Density Residential— 11 units per acre (currently over the Ocean Breeze West development and along W. Seacrest from N.W. 8th to N.W. 9th) • Mixed-Use — 40 units per acre (this land use designation is placed on the CRA-owned Ocean Breeze East block and o CRA-owned property alongL , Jr. Boulevard) • Local Retail Commercial, General Commercial, Industrial, Recreational, and Public & Private Governmental/Institutional Below is a table of the proposed land use and zoning designations that will apply within the Federal Highway Corridor District: Table 7: Recommended Future Land Use(FLU)Classifications within the Heart of Boynton District LAND USE DENSITY CORRESPONDINGZ I G DENSITY MAX HEIGHT jar Mixed-Use Medium50 MU-2e MU-3 5th 75' - ' Mix Use Low 23 U-1 20 45' RechHigDensity 15 R4, IPUD 15 45' en f4ediurn DensAy 11 R0, IPUD Residential 11 45' -Low Density 7.5 -1® -1- -1- -1- -14 Residential PUD 7.5 4 ' ® Local Retail n!a C-2, C-3,PCD - - rrtercial n1a General n./a C-4 Commercial n1a 45' Industrial n/a 1-1 n1a 4& PPGI n/a Public Usage rVa 45' Recreation n1a Recreation We 45' Properties located within the TOD may recieve a 25%density bonus i Page 314 of 665 Figure 63: Recommended Land Use for the Heart of Boynton District �� u ` `y W 111 �� 1111M III Wil All I 'S9� " � � I ��i I i i I � - i a i { ji- lkj 1vi, 4� k LJ ,� iCA . a i P Ilan l ',v y 1 dA �f lvi ., i .i . S �c � , ' u a It ,, A .,sm ' `' i ? g , &l r" IL{�iE..GEND fi g)';}`�ealmnal(R) jndustdel(1) 'Low Density Residential(LDR)5 didac ,Medium Density Residential(MDR)11 dulac High Density Residendel(HDR)15 duddd Hila Dwft Residential(SHDR)20dulse _ _ YYinsFWational(PPGO) I&S,:Lwal Rstall Com tardal(LRC) G—.l Commercial(GC) i Use L.uw(MUL)20 dwac Mbmd Use Medium(MUM)50 dufac Use High(MUH)g4 du/ao r' T ;} Page 315 of 665 • There are three architectural styles of historic structures in the Heart ofBoynton: Mission, Frame Vernacular, and Mediterranean Revival. When building in this District, new development shall attempt to utilize one of these architectural styles. • A Historic Cottage District should be considered adjacent to the proposed Cottage District; where feasible, historically contributing cottages in the area shall be relocated in the Historic Cottage District. • Commercial buildings fronting MLK Jr., Boulevard and/or Seacrest Boulevard shall maximize the amount of glazing. • Residential buildings fronting L Jr., Boulevard and/or Seacrest Boulevard shall be designed to have pedestrian access from the main road and have front door facing the main road. • All buildings along MLK Jr., Boulevard and/or Seacrest Boulevard shall be set back to allow for pedestrian zone. • Approximately 7 %of the lot frontage must be occupied by structure and be adjacent to the pedestrian zone. • Buildings fronting MLK Jr., Boulevard shall be a maximum of two story and stepped back to continue to the maximum allowed height in the designated Zoning District. • Parking shall be located to the rear or side of the buildings • Curb cuts shall be permitted on Boynton Beach Blvd only when access is not possible from the rear or side. • When adjacent to commercial uses, single-family areas shall be protected through the use of 4` landscape buffers and/or walls as appropriate. Figure 64: Heart of Boynton Projects MLK Commercial j a Model Block � . Sara Sims Park— '01 l f q s gt' a . Ocean Breeze East Cottage fr r oed Histor Cottage District � .. Page 316 of 665 Sara Sims Park Expansion Working with residents of the community,the CRA and its consultant created a master plan for the expansion ` and improvement of Sara Sims Park. The CRA has also purchased seven properties and deeded them to110}1 the City in preparation for the eventual expansion of the park. Staff will review the feasibility of converting a portion of Sara Sims Park Master Plan, along the � U {�� h �� ; : western boundary, from Recreational Land Use to �,,ti =i Single Family. This process shall include a publiknA c ''0 ` �KPI"11 9 y p p , mtt�tyltst `, tF meeting,the Parks and Recreation Board review andU a _ ,,ire+t+�,„��rr�{ � recommendation, and City Commision approval. Figure 65: Sara Sims Expansion Ocean Breeze East The CRA owns 4.5 acres of vacant land east of Seacrest Boulevard between N.E. 6th and 7th Avenues. The CRA is seeking a private development � Y partner to build a multi-family project on the site. �., � i .rz �� p Y p 1 "tib t.t Cottage District ➢4 Figure 66: ocean Breeze East The CRA owns approximately 5 acres on the block r between N.E. 4th and 5th Avenue. The CRNs goal for this site is to attract a private development partner } to build single-family for-sale homes in the style of the surrounding historic cottages. x LK Commercial Leveraging CRA-owned land and economic development grants, the CRA was able to bring , y a Family Dollar store to the Martin Luther King, £' Jr. Boulevard corridor in 2015. The CRA owns additional land on the corridor and continues to Figure 67: Cottage District work with developers to attract new and needed neighborhood retail. MLK Multi Family Utilizing CRA-owned land, the CRA is seeking to attract a private development partner to build a multi- familydevelopment along the Martin Luther King, Jr. Boulevard corridor. The development may include commercial uses. 1151 Page 317 of 665 1\jP i d A t t ^: i �rk - i 44 ;; , ? l l 1 tt ct : E,. f Figure 68: Example of a Commercial Project on MILK Jr. Blvd. Aw 6 Page 318 of 665 ttS �%t Ot� tl f'_ 1i11ii(�t+ t i51�� l�l� S�ttt+}\it ti t�1t r A �{j t j`f 11�,)�i tt� i�}?�)1+tt i tr t )i��Sjr�fi��+}}��}1��1 tl�t� i � ,,� „•�� f t) � r t h - W f l i t*'k l� I� i i + (4. 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The Contractor shall receive proposal for the project does reflect his and accept the compensation total price for completing the work in its provided in the Bid and the entirety. Contract as full payment for furnishing all materials, labor, 1.02 MEASUREMENT tools and equipment, for performing all operations A. The quantities for payment under this necessary to complete the Contract shall be determined by actual work under the Contract, and measurement of the completed items, in also in full payment for all loss place, ready for service and accepted by or damages arising from the the CITY, in accordance with the nature of the work, or from any applicable method of measurement discrepancy between the therefore contained herein. actual quantities of work and quantities herein estimated by 1.03 AUTHORITY the CONSULTANT, or from the action of the elements or from A. Measurement methods delineated in the any unforeseen difficulties FDOT Standard Specifications for Road which may be encountered and Bridge Construction 2000 Edition, or during the prosecution of the the individual specification sections work until the final acceptance complement the criteria of this section. In by the CITY. the event of conflict, the Contractor shall notify the CITY in writing. In determining B. The prices stated in the Bid the resolution, the CITY shall consider include all costs and expenses the requirement of the individual for taxes, labor, equipment, specification section, FDOT requirements materials, commissions, and this Section. transportation charges and expenses, patent fees and B. Any requirements of the Contract royalties, labor for handling Documents, i.e., technical specifications materials during inspection, or project construction drawings for which together with any and all other the method of payment is not explicitly costs and expenses for defined are considered to be incidental performing and completing the costs and should be included in other pay work as shown on the items as appropriate. Drawings and specified herein. The basis of payment for an 1.04 RELATED SECTIONS: item at the unit price shown in the proposal shall be in A. Testing Allowance accordance with the description of that item in this B. Applications for Payments: Section Section. SC1027 C. The Contractor's attention is C. Shop Drawings, Working Drawings, and again called to the fact that the Samples—Section SCO 1340 quotations for the various items of work are intended to D. Schedule of Values: Section SCO1370 establish a total price for completing the work in its E. Change Order Procedures: Section entirety. Should the Contractor SC01153 feel that the cost for any item F. Field Engineering: Section SCO1050 Boynton Beach Utilities—NW 11th Avenue Reconstruction SCO1025-1 MEASUREMENT AND PAYMENT PROCEDURES 0 G. Record Drawing Requirements — Reports with next Application Section SCO1705 for Payment to the CITY. H. Testing Specific Utility Systems b. Reimbursement to the Contractor upon proof of 1. Refer to Section 02513 payment (to the testing and/or POTABLE WATER AND inspecting firm) on approval by RECLAIMED WATER the CONSULTANT. DISTRIBUTION SYSTEMS for applicable and specific B. When other allowances, such as requirements. Contractor is NPDES permit and/or SFWMD responsible for all testing costs dewatering permit application fees, or associated with these systems. coordination with FP&L/AT&T/ Comcast or other utility are identified on the 1.05 ALLOWANCES Schedule of Bid Items, the following applies: A. When a Testing Allowance is identified on the Schedule of Bid 1. Only those items qualified for CITY Items,the following applies: reimbursement shall be considered. All items shall have written, 1. Costs in Testing Allowance advance approval of the CITY. includes engaging a certified, testing agency; execution of 2. Payment Procedures: tests; and reporting results as approved by the CITY and a. Submit two (2) copies of the CONSULTANT. agreed invoicing format with proof of payment (as 2. Costs not included in the applicable) with next Testing Allowance: Application for Payment. a. Costs of testing services 1.06 SCHEDULE OF VALUES used by Contractor separate from Contract A. Submit Schedule of Values at the Pre- Document requirements Construction Meeting. b. Testing agency's stand-by B. The Schedule of Values shall be a time. computer generated original. When the Contractor's proposed Schedule of c. Costs of retesting upon Values is accepted by the CITY, it shall failure of previous tests as become the basis for the Application for determined by the Payment. CONSULTANT. C. Contractor shall only revise the 3. Only those items qualified for accepted Schedule of Values to identify, CITY's reimbursement shall be as separate line items approved on a considered. Such items may Field Order or Change Order. The CITY include water quality testing of may issue a Field Order substituting or dewatering activities, modifying Schedule of Value items. geotechnical, concrete strength cylinders, special compaction 1.07 APPLICATIONS FOR PAYMENT and proctor testing, etc. All predetermined items shall have A. Submit five (5) copies of each written, advance approval of Application for Payment (AFP). After the CITY. certification by the CONSULTANT, the CONSULTANT will retain one (1) copy, 4. Payment Procedures: one (1) copy will be returned to the Contractor and three (3) copies will be a. Submit two (2) copies of forwarded to the CITY for review, the testing and/or authorization and processing. inspecting firm's invoice and copies of the Test Boynton Beach Utilities—NW 11th Avenue Reconstruction SCO1025-2 MEASUREMENT AND PAYMENT PROCEDURES 0 B. Content and Format: Utilize capping. The replacement of existing Schedule of Values for listing items irrigation in the Public Right-Of-Way as in Application for Payment outlining the result of pipeline installation or swale the following: development is NOT a pay item. Replacement of existing ROW irrigation 1. Provide a column for each of shall be incidental to the Unit Price of the following: the pipeline or swale development. a. Item Number 1.08 MEASUREMENT OF AND PAYMENT FOR WORK b. Item Description A. Monthly Payments to the Contractor. c. Quantity The Contractor shall plan its work for construction on the basis of twelve (12) d. Unit of measurement monthly pay periods per year. So long e. Scheduled Value as the work is prosecuted in compliance with the provisions of the Contract, the f. Change Orders Contractor will, on or about the last day of the pay period, make an approximate g. Work Completed: estimate, in writing on a form approved 1. Previous Period by the CITY of the proportionate value (Quantity and Value) of the work done, items, and locations of 2. This Period (Quantity the work performed up to and including and Value) the last day of the period then ending. The CONSULTANT will then review h. To Date (Quantity and such estimate and make the necessary Value) recommendations to the Contractor for revision. The Contractor shall revise the i. Percentage of Completion Application for Payment and resubmit to the CONSULTANT for review and j. Balance to Finish Certification. Redlined Applications for Payment will not be accepted by the k.. Retainage CITY. If the Contractor and the CONSULTANT do not agree on the NOTE: There is no column for approximate estimate of the "Materials Stored", the CITY proportionate value of the work done for does not pay for items ordered any pay period, the determination of the and/or stored on site. As CONSULTANT shall be binding. The defined later in this Section, amount of such estimate after deducting payment for pay items are paid ten percent (10%) and all previous for once the item is installed, payments, shall be due and payable to measured in place, completed the Contractor in accordance with the and accepted. Florida Prompt Payment Act, §218.70 Florida Statutes, as may be amended C. Application for Final Payment must from time to time. be marked FINAL. Contractor must include in the FINAL AFP package, B. Substantiating Data: When the proof of payment and final CONSULTANT requires substantiating settlement with the CITY with information, Contractor shall submit data regards to any temporary and/or justifying quantities and dollar amounts construction water meters used in question. Contractor shall provide during the course of the project. three (3) copies of data with cover letter for each copy of submittal showing D. When existing Right-Of-Way application number and date, and line (ROW) irrigation must be disturbed item by number and description. due to pipeline installation or swale development, any existing irrigation 1.09 MEASUREMENT AND PAYMENT - UNIT lines shall be marked on the PRICES Contractors drawings prior to or at the time of temporary cutting-&- A. Measurement methods delineated in individual specification sections Boynton Beach Utilities—NW 11th Avenue Reconstruction SCO1025-3 MEASUREMENT AND PAYMENT PROCEDURES 0 complement criteria of this section. 1.10 Measurement of Quantities: In event of conflict, requirements of individual specification section A. Weigh Scales: Inspected, tested and govern. certified by the applicable State of Florida Weights and Measures B. Contractor shall take daily and department within the past year. weekly measurements and compute quantities. The Contractor B. Platform Scales: Of sufficient size and shall review and sign these daily capacity to accommodate the conveying and weekly measurements with the vehicle. CONSULTANT. The CONSULTANT shall also sign-off C. Metering Devices: Inspected, tested and on the weekly measurement sheets certified by the applicable State of indicating the CONSULTANT's Florida Weights and Measures progressive concurrence with the Department within the past year. quantities. The Contractor shall transmit the signed-off weekly D. Measurement by Weight: Concrete measurement sheets to the reinforcing steel rolled or formed steel or CONSULTANT. These other metal shapes will be measured by measurement sheets shall be used handbook weights. Welded assemblies to form the basis of the quantities will be measured by handbook or scale claimed on the Application For weight. Payment. E. Measurement by Volume: Measured by C. Unit Quantities cubic dimension using mean length, width and height or thickness. 1. Quantities indicated in the Schedule of Bid Items are for F. Measurement by Area: Measured by bidding and contract purposes square dimension using mean length only. Quantities and and width or radius. measurements supplied or placed in the Work and verified G. Linear Measurement: Measured by by the Consultant and CITY linear dimension, at the item centerline. determine payment. Minor offsets (less than a total of five (5) feet) will not be measured for payment. 2. If the actual Work requires Measurement shall be along the more or fewer quantities than horizontal axis at finished grade. those quantities indicated in the bid items, Contractor shall H. Stipulated Sum/Price Measurement: provide the required quantities Items measured by weight, volume, at the unit sum/prices area, or linear means or combination, as contracted. appropriate, as a completed and accepted item or unit of the Work. D. Payment Includes: Full compensation for required labor, I. Payment for Work does not indicate products, tools, equipment, acceptance. Work items previously paid facilities, transportation, services for may require additional work effort to and incidentals; erection; bring them into compliance with the application or installation of an item requirements of the specific technical of the Work; and overhead and specifications and/or project drawings. profit. 1.11 UNIT OF MEASURE — SCHEDULE OF BID E. Final payment for Work governed PRICES by unit prices will be made on the basis of the actual measurements A. Payment for furnishing and installing and quantities accepted by the those items cited in the Schedule of Bid CONSULTANT and CITY, Items and subsequent Schedule of multiplied by the unit sum/price for Values is noted herein. If "remove and Work, which is incorporated in or replace" is indicated on the project made necessary by the Work. construction drawings (by either annotation or line weight), then the item Boynton Beach Utilities—NW 11th Avenue Reconstruction SCO1025-4 MEASUREMENT AND PAYMENT PROCEDURES 0 descriptions below include the pay item may be disqualified and the removal and proper disposal of the CITY and Consultant may not existing items. evaluate their bid proposal. This cost shall be shown on the Schedule of B. Mobilization/Demobilization, Bonds, Values. Insurance & General Requirements — Bid Items No. 1 3. Partial payments for the NPDES compliance shall be made in 1. Payment for the General accordance with the following Conditions shall be made per schedule: item and shall be full compensation for preparatory Percent of Original Allowable percent of work and operations in mobilizing Contract Amount NPDES Compliance and demobilizing for the project Earned including but not limited to, those 10 10 operations necessary for the 25 25 movement of personnel, 50 50 equipment, supplies and 75 No additional payment incidentals to and from the Final Payment 100 project site, Maintenance of Traffic, for establishment of D. Record Drawings—Bid Item No. 3 temporary offices, buildings, safety equipment, sanitary and 1. Payment for Record Drawings shall other facilities and compliance be made at the Contract lump sum with permit conditions for permits price and shall be full compensation secured by either the Owner or for preparation and maintenance of Contractor. the Record Drawings as specified in technical specification 01340 SHOP 2. MOT plans shall be required for DRAWING REQUIREMENTS and the work within City of Boynton requirements of this Special Beach R-O-W. Conditions. 3. Audio Video Documentation shall 2. Partial payments for the Record be performed pre and post Drawings shall be made in construction as specified in accordance with the following Special Conditions SCO1390 schedule: VIDEO AND PHOTOGRAPHIC Percent of Original Contract Allowable percent of Lump SITE SURVEY. Amount Earned Sum Price For Record Drawings 4. The cost of bonds, permits, 10 10 required insurance and any other 25 25 pre-construction expense 50 50 necessary for the start of the 75 75 work shall also be included in the Final Payment 100 General Conditions. 3. Contractor shall submit updated As- C. NPDES Compliance—Bid Item No. 2 Built Drawings with each Pay Application Request. 1. Payment for NPDES compliance shall include the preparation of E. Indemnification—Bid Item No.4 the NPDES Plan, development and compilation of the BMPs, site 1. Payment under this item is in implementation and accordance with of the Front-End documentation of inspections. Contract Documents. 2. Contractor shall refer to the F. Demolition—Bid Item No. 5 Schedule of Bid Items for instructions on the method of 1. Method of Measurement: The calculation for this Pay Item. Any quantity to be paid for under this bidder who enters an amount section shall be on a lump sum basis. greater than the 1.5% limit for this Boynton Beach Utilities—NW 11th Avenue Reconstruction SCO1025-5 MEASUREMENT AND PAYMENT PROCEDURES 0 2. Basis of Payment: Payment shall be at the Contract Lump I. Subgrade Preparation—Bid Item No. 8 Sum Price and shall include, but not be limited to, furnishing 1. Method of Measurement: The all materials, labor, and quantity to be paid for under this equipment required to remove section shall be per square yard. concrete sidewalk, signs, fence, guardrail, asphalt 2. Basis of Payment: Payment shall pavement, base, curb & gutter, be at the Contract Unit Price and on-site debris, abandoned shall include, but not be limited to, utilities, utilities to be removed furnishing all materials, labor, and except those with separate bid equipment required to prepare items, including disposal, and subgrade, including stabilizing, any other work described on grading, compaction, testing, and the plans or required for a any other work described on the complete and functional plans or required for a complete system. and functional system. G. Site Restoration—Bid Item No. 6 J. Base—Bid Item No. 9 1. Method of Measurement: The 1. Method of Measurement: The quantity to be paid for under this quantity to be paid for under this section shall be on a lump sum section shall be per square yard. basis. 2. Basis of Payment: Payment shall 2. Basis of Payment: Payment be at the Contract Unit Price and shall be at the Contract Lump shall include, but not be limited to, Sum Price and shall include, furnishing all materials, labor, and but not be limited to, furnishing equipment required to install base all materials, labor, and material, including grading, equipment required to restore compaction, testing, and any other the site to a condition equal to work described on the plans or or better than the existing and required for a complete and any other work described on functional system. the plans or required for a complete and functional system. K. Milling—Bid Item No. 10 1. Method of Measurement: The H. Earthwork—Bid Item No. 7 quantity to be paid for under this 1. Method of Measurement: The section shall be per square yard. quantity to be paid for under this 2. Basis of Payment: Payment shall section shall be on a lump sum be at the Contract Unit Price and basis. shall include, but not be limited to, 2. Basis of Payment: Payment furnishing all materials, labor, and equipment required to mill the shall be at the Contract Lump existing asphalt pavement (1" Sum Price and shall include, minimum), including millings but not be limited to, furnishing disposal, and any other work all materials, labor, and described on the plans or required equipment required to bring the for a complete and functional site to proposed grade, system. including excavation, embankment, grading, disposal of excess material, L. 1"Asphalt—Bid Item No. 11 compaction, testing, and any other work described on the 1. Method of Measurement: The plans or required for a quantity to be paid for under this complete and functional section shall be per square yard. system. Boynton Beach Utilities—NW 11th Avenue Reconstruction SC01025-6 MEASUREMENT AND PAYMENT PROCEDURES -6 RAI 0 2. Basis of Payment: Payment 2. Basis of Payment: Payment shall shall be at the Contract Unit be at the Contract Unit Price and Price and shall include, but not shall include, but not be limited to, be limited to, furnishing all furnishing all materials, labor, and materials, labor, and equipment required to install base equipment required to install 1" material, including grading, thick asphalt (compacted compaction, testing, and any other thickness), including tack coat, work described on the plans or compaction, testing, overbuild, required for a complete and and any other work described functional system. on the plans or required for a complete and functional P. Milling—County R/W—Bid Item No. 15 system. 1. Method of Measurement: The M. 1-1/2"Asphalt—Bid Item No. 12 quantity to be paid for under this section shall be per square yard. 1. Method of Measurement: The quantity to be paid for under this 2. Basis of Payment: Payment shall section shall be per square yard. be at the Contract Unit Price and shall include, but not be limited to, 2. Basis of Payment: Payment furnishing all materials, labor, and shall be at the Contract Unit equipment required to mill the Price and shall include, but not existing asphalt pavement (1" be limited to, furnishing all minimum), including millings materials, labor, and disposal, and any other work equipment required to install 1- described on the plans or required 1/2" thick asphalt (compacted for a complete and functional thickness), including prime system. coat, compaction, testing, and any other work described on Q• 1" Asphalt — County R/W — Bid Item No. the plans or required for a 16 complete and functional system. 1. Method of Measurement: The quantity to be paid for under this N. Subgrade Preparation — County R/W section shall be per square yard. —Bid Item No. 13 2. Basis of Payment: Payment shall be at the Contract Unit Price and 1. Method of Measurement: The shall include, but not be limited to, quantity to be paid for under this furnishing all materials, labor, and section shall be per square yard. equipment required to install 1" thick asphalt (compacted 2. Basis of Payment: Payment thickness), including tack coat, shall be at the Contract Unit compaction, testing, overbuild, and Price and shall include, but not any other work described on the be limited to, furnishing all plans or required for a complete materials, labor, and and functional system. equipment required to prepare subgrade, including grading, R. 1-1/2" Asphalt — County R/W — Bid Item compaction, testing, and any No. 17 other work described on the plans or required for a 1. Method of Measurement: The complete and functional quantity to be paid for under this system. section shall be per square yard. O. Base—County R/W—Bid Item No. 14 2. Basis of Payment: Payment shall be at the Contract Unit Price and 1. Method of Measurement: The shall include, but not be limited to, quantity to be paid for under this furnishing all materials, labor, and section shall be per square yard. equipment required to install 1-1/2" thick asphalt (compacted Boynton Beach Utilities—NW 11th Avenue Reconstruction SCO1025-7 MEASUREMENT AND PAYMENT PROCEDURES -6 ARA 0 thickness), including prime equipment required to adjust coat, compaction, testing, and existing manhole rims to proposed any other work described on grade and any other work described the plans or required for a on the plans or required for a complete and functional complete and functional system. system. V. Exfiltration Trench—Bid Item No. 21 S. Ditch Bottom Inlet—Bid Item No. 18 1. Method of Measurement: The 1. Method of Measurement: The quantity to be paid for under this quantity to be paid for under this section shall be per linear foot. section shall be per each. 2. Basis of Payment: Payment shall 2. Basis of Payment: Payment be at the Contract Unit Price and shall be at the Contract Unit shall include, but not be limited to, Price and shall include, but not furnishing all materials, labor, and be limited to, furnishing all equipment required to install materials, labor, and exfiltration trench, including filter equipment required to install fabric, washed rock, pipe (including ditch bottom inlets, including solid sections at inlets/manholes), filter fabric, washed rock, pipe backfill, compaction, testing, and connections, frame & grate, any other work described on the backfill, compaction, testing, plans or required for a complete and any other work described and functional system. on the plans or required for a complete and functional system. W. Flume—Bid Item No. 22 1. Method of Measurement: The T. Manhole—Bid Item No. 19 quantity to be paid for under this 1. Method of Measurement: The section shall be per each. quantity to be paid for under this 2. Basis of Payment: Payment shall section shall be per each. be at the Contract Unit Price and shall include, but not be limited to, 2. Basis of Payment: Payment furnishing all materials, labor, and shall be at the Contract Unit equipment required to install Price and shall include, but not flumes, including excavation, be limited to, furnishing all formwork, concrete placement, saw materials, labor, and cutting, and any other work equipment required to install described on the plans or required manholes, including filter for a complete and functional fabric, rock support, pipe system. connections, bricks, frame & cover, backfill, compaction, testing, and any other work X. Bollard—Bid Item No. 23 described on the plans or required for a complete and 1. Method of Measurement: The functional system. quantity to be paid for under this section shall be per each. U. Adjust Rim—Bid Item No. 20 2. Basis of Payment: Payment shall be at the Contract Unit Price and 1. Method of Measurement: The shall include, but not be limited to, quantity to be paid for under this furnishing all materials, labor, and section shall be per each. equipment required to install bollards, including excavation, 2. Basis of Payment: Payment formwork, concrete placement, shall be at the Contract Unit backfilling, compaction, testing, Price and shall include, but not painting, and any other work be limited to, furnishing all described on the plans or required materials, labor, and for a complete and functional Boynton Beach Utilities—NW 11th Avenue Reconstruction SC01025-8 MEASUREMENT AND PAYMENT PROCEDURES 0 system. system. Y. Curb &Gutter—Bid Item No. 24 BB. Detectable Warning—Bid Item No. 27 1. Method of Measurement: The 1. Method of Measurement: The quantity to be paid for under this quantity to be paid for under this section shall be per linear foot. section shall be per square foot. 2. Basis of Payment: Payment 2. Basis of Payment: Payment shall shall be at the Contract Unit be at the Contract Unit Price and Price and shall include, but not shall include, but not be limited to, be limited to, furnishing all furnishing all materials, labor, and materials, labor, and equipment required to install equipment required to install detectable warning surfaces and curb & gutter, including any other work described on the compaction, formwork, plans or required for a complete placement, saw cutting, testing, and functional system. and any other work described on the plans or required for a CC. Sign—Bid Item No. 28 complete and functional system. 1. Method of Measurement: The quantity to be paid for under this Z. Curb—Bid Item No. 25 section shall be on an assembly basis. 1. Method of Measurement: The quantity to be paid for under this 2. Basis of Payment: Payment shall section shall be per linear foot. be at the Contract Lump Sum Price and shall include, but not be limited 2. Basis of Payment: Payment to, furnishing all materials, labor, shall be at the Contract Unit and equipment required to install Price and shall include, but not signs, including anchor, post, be limited to, furnishing all fasteners, placard, and any other materials, labor, and work described on the plans or equipment required to install required for a complete and curb, including compaction, functional system. formwork, placement, saw cutting, testing, and any other DD. Pavement Marking—Bid Item No. 29 work described on the plans or required for a complete and 1. Method of Measurement: The functional system. quantity to be paid for under this section shall be on a lump sum basis. AA. Sidewalk—Bid Item No.26 2. Basis of Payment: Payment shall 1. Method of Measurement: The be at the Contract Lump Sum Price quantity to be paid for under this and shall include, but not be limited section shall be per square yard. to, furnishing all materials, labor, and equipment required to install 2. Basis of Payment: Payment thermoplastic pavement markings, shall be at the Contract Unit including temporary markings, Price and shall include, but not retroreflective pavement markers, be limited to, furnishing all and any other work described on materials, labor, and the plans or required for a complete equipment required to install and functional system. concrete sidewalk, including grading, compaction, formwork, EE. 2" Line Stop and Restrained Cap — Bid placement, expansion joints, Item No. 30 saw cutting, testing, and any other work described on the plans or required for a complete and functional Boynton Beach Utilities—NW 11th Avenue Reconstruction SC01025-9 MEASUREMENT AND PAYMENT PROCEDURES 0 1. Method of Measurement: The backfilling, compaction, testing, and quantity to be paid for under this any other work described on the section shall be per each. plans or required for a complete and functional system. 2. Basis of Payment: Payment shall be at the Contract Lump HH. 6"x8" Reducer—Bid Item No. 33 Sum Price and shall include, but not be limited to, furnishing 1. Method of Measurement: The all materials, labor, and quantity to be paid for under this equipment required to install 2" section shall be per each. line stop and restrained cap, including excavation, concrete, 2. Basis of Payment: Payment shall backfilling, compaction, testing, be at the Contract Unit Price and temporary patching, and any shall include, but not be limited to, other work described on the furnishing all materials, labor, and plans or required for a equipment required to install 6"x8" complete and functional reducers, including restraint, and system. any other work described on the plans or required for a complete FF. Water Main Removal — Bid Item No. and functional system. 31 II. 14"x8"Stainless Steel Tapping Sleeve and 1. Method of Measurement: The Valve—Bid Item No. 34 quantity to be paid for under this section shall be per linear foot. 1. Method of Measurement: The quantity to be paid for under this 2. Basis of Payment: Payment section shall be per each. shall be at the Contract Unit Price and shall include, but not 2. Basis of Payment: Payment shall be limited to, furnishing all be at the Contract Unit Price and materials, labor, and shall include, but not be limited to, equipment required to remove furnishing all materials, labor, and potable water system, including equipment required to install 14"x8" excavation, draining, pipe, stainless steel tapping sleeve and services, meter boxes, valve, including excavation, appurtenances, disposal, restraint, box, EMS marker, backfilling, compaction, testing, indicator plate, backfilling temporary restoration, and any compaction, testing, and any other other work described on the work described on the plans or plans or required for a required for a complete and complete and functional functional system. system. JJ. 6"Gate Valve—Bid Item No. 35 GG.6"x6" Stainless Steel Tapping Sleeve and Valve—Bid Item No. 32 1. Method of Measurement: The 1. Method of Measurement: The quantity to be paid for under this section shall be per each. quantity to be paid for under this section shall be per each. 2. Basis of Payment: Payment shall be at the Contract Unit Price and 2. Basis of Payment: Payment shall include, but not be limited to, shall be at the Contract Unit furnishing all materials, labor, and Price and shall include, but not equipment required to install 6"gate be limited to, furnishing all valves, including restraint, box, materials, labor, and EMS marker, indicator plate, and equipment required to install any other work described on the 6"x6" stainless steel tapping plans or required for a complete sleeve and valve, including and functional system. excavation, restraint, box, EMS marker, indicator plate, KK. 8"Gate Valve—Bid Item No. 36 Boynton Beach Utilities—NW 11th Avenue Reconstruction SC01025-10 MEASUREMENT AND PAYMENT PROCEDURES 1. Method of Measurement: The 3. Method of Measurement: The quantity to be paid for under this quantity to be paid for under this section shall be per each. section shall be per each. 2. Basis of Payment: Payment shall 4. Basis of Payment: Payment be at the Contract Unit Price and shall be at the Contract Unit shall include, but not be limited to, Price and shall include, but not furnishing all materials, labor, and be limited to, furnishing all equipment required to install fire materials, labor, and hydrants, including excavation, equipment required to install 8" fittings, valves, pipe, restraint, thrust gate valves, including restraint, blocks, EMS marker, backfill, box, EMS marker, indicator compaction, testing, and any other plate, and any other work work described on the plans or described on the plans or required for a complete and required for a complete and functional system. functional system. 00.8"Water Main with Tracer Wire— Bid Item LL. Sampling Point—Bid Item No. 37 No.40 1. Method of Measurement: The 1. Method of Measurement: The quantity to be paid for under this quantity to be paid for under this section shall be per each. section shall be per linear foot. 2. Basis of Payment: Payment 2. Basis of Payment: Payment shall shall be at the Contract Unit be at the Contract Unit Price and Price and shall include, but not shall include, but not be limited to, be limited to, furnishing all furnishing all materials, labor, and materials, labor, and equipment required to install 8" equipment required to install water main with tracer wire, sampling points, including including excavation, additional chlorinating the main, piping required to account for bacteriological testing, and any change in vertical elevation, other work described on the disinfection, filling, backfilling, plans or required for a compaction, pressure testing, and complete and functional any other work described on the system. plans or required for a complete and functional system. MM.B"x6"Tee—Bid Item No. 38 3. Method of Measurement: The PP. 8" 11.25-Degree Bend—Bid Item No.41 quantity to be paid for under this 1. Method of Measurement: The section shall be per each. quantity to be paid for under this 4. Basis of Payment: Payment section shall be per each. shall be at the Contract Unit 2. Basis of Payment: Payment shall Price and shall include, but not be at the Contract Unit Price and be limited to, furnishing all shall include, but not be limited to, materials, labor, and furnishing all materials, labor, and equipment required to install equipment required to install 8" 8"x6" tees, including restraint, 11.25-degree bends, including and any other work described restraint, thrust blocks, and any on the plans or required for a other work described on the plans complete and functional or required for a complete and system. functional system. NN. Fire Hydrant—Bid Item No. 39 QQ.8"45-Degree Bend—Bid Item No.42 Boynton Beach Utilities—NW 11th Avenue Reconstruction SCO1025-11 MEASUREMENT AND PAYMENT PROCEDURES 0 1. Method of Measurement: The quantity to be paid for under this 3. Method of Measurement: The section shall be per each. quantity to be paid for under this section shall be per each. 2. Basis of Payment: Payment shall be at the Contract Unit 4. Basis of Payment: Payment shall Price and shall include, but not be at the Contract Unit Price and be limited to, furnishing all shall include, but not be limited to, materials, labor, and furnishing all materials, labor, and equipment required to install 8" equipment required to install 6" 45-degree bends, including sanitary services, including restraint, thrust blocks, and any excavation, cut-in, EMS marker, other work described on the cleanouts, mini manholes, concrete plans or required for a collars, wing nut plugs, trench complete and functional restoration, testing, and any other system. work described on the plans or required for a complete and RR.Water Service—Bid Item No.43 functional system. 1. Method of Measurement: The UU. Power Undergroundinq—Bid Item No.46 quantity to be paid for under this section shall be per each. 1. Method of Measurement: The quantity to be paid for under this 2. Basis of Payment: Payment section shall be on a lump sum basis. shall be at the Contract Unit Price and shall include, but not 2. Basis of Payment: Payment shall be limited to, furnishing all be at the Contract Lump Sum Price materials, labor, and and shall include, but not be limited equipment required to install to, installing all materials (provided water services, including by FPL), labor, and equipment excavation, casing, copper required to relocate existing tubing, EMS marker, meter overhead power utilities to an boxes, backfilling, compaction, underground location, including testing, and any other work risers, excavation, conduit and wire described on the plans or installation, equipment installation, required for a complete and tracer wire, EMS markers, backfill, functional system. trench restoration, sidewalk restoration, compaction, testing, SS. Lateral Removal—Bid Item No.44 terminations, and any other work described on the plans or required 1. Method of Measurement: The for a complete and functional quantity to be paid for under this system. section shall be per each. W. Telephone Undergroundinq — Bid Item No. 2. Basis of Payment: Payment 47 shall be at the Contract Unit Price and shall include, but not 1. Method of Measurement: The be limited to, furnishing all quantity to be paid for under this materials, labor, and section shall be on a lump sum basis. equipment required to remove sanitary sewer laterals, 2. Basis of Payment: Payment shall including excavation, disposal, be at the Contract Lump Sum Price wing nut plugs, trench and shall include, but not be limited restoration, testing, and any to, furnishing all materials, labor, other work described on the and equipment required to relocate plans or required for a existing overhead telephone utilities complete and functional to an underground location, system. including excavation, conduit, pull boxes, ground wires, backfill, TT. 6"Sanitary Service—Bid Item No.45 compaction, testing, and any other Boynton Beach Utilities—NW 11th Avenue Reconstruction SC01025-12 MEASUREMENT AND PAYMENT PROCEDURES -6 ARA 0 work described on the plans or testing, and any other work required for a complete and described on the plans or required functional system. for a complete and functional system. WW. Television Undergrounding — Bid Item No.48 YY. Landscape and Irrigation—Bid Item No. 50 1. Method of Measurement: The 1. Method of Measurement: The quantity to be paid for under this quantity to be paid for under this section shall be on a lump sum section shall be on a lump sum basis. basis. 2. Basis of Payment: Payment shall 2. Basis of Payment: Payment be at the Contract Lump Sum Price shall be at the Contract Lump and shall include, but not be limited Sum Price and shall include, to, furnishing all materials, labor, but not be limited to, furnishing and equipment required to install all materials, labor, and landscaping and irrigation, including equipment required to relocate trees, shrubs, ground cover, existing overhead television planting soil, staking, mulch, utilities to an underground maintenance, fence, water service, location, including excavation, controller, rain sensor, excavation, conduit, conduit terminations, valves, boxes, sleeves, mainline, backfill, compaction, testing, thrust blocks, utility marking tape, and any other work described wiring, lateral lines, backfill, on the plans or required for a compaction, testing, sprinklers, complete and functional bubblers, and any other work system. described on the plans or required for a complete and functional XX. Street Lighting—Bid Item No.49 system. 1. Method of Measurement: The 2 PART 2 PRODUCTS Not Used. quantity to be paid for under this section shall be on a lump sum 3 PART 3 EXECUTION Not Used. basis. *SPECIAL NOTE: 2. Basis of Payment: Payment shall be at the Contract Lump The CITY retains the option to utilize up to 20% of Sum Price and shall include, the excess material from excavation and trenching but not be limited to, installing operations. If the CITY exercises this option, all materials (provided by FPL), Contractor shall stockpile the excess material and labor, and equipment required deliver to the CITY's facility as directed by the to install street lighting, CITY's Representative. including excavation, conduit installation, pull box installation, tracer wire, EMS END OF SECTION markers, backfill, compaction, Boynton Beach Utilities—NW 11th Avenue Reconstruction SCO1025-13 MEASUREMENT AND PAYMENT PROCEDURES INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF CERTAIN PORTIONS OF THE MODEL BLOCK PROJECT THIS AGREEMENT is made this day of , 2018, by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually and collectively, the "Party" or "Parties"). WITNESSETH : WHEREAS, the 2016 Boynton Beach Community Redevelopment Plan ("Plan") calls for the redevelopment of the Heart of Boynton District as described in the Plan; and WHEREAS, the CITY and the CRA desire to provide funding for a streetscape project known as the Model Block Project ("Project"), which falls within the CRA boundaries, and more specifically, in the Heart of Boynton District; and WHEREAS, the Project is intended to improve the public rights-of-ways in the area of NW 1 lth Avenue, west of Seacrest Boulevard in the CITY of Boynton Beach, as more specifically described in Exhibit A("Project Scope"); and WHEREAS, the Project will help prevent and eliminate slum and blight within the Redevelopment Area in accordance with the Plan; and WHEREAS, the CRA desires to assist the CITY with the acquisition of property and infrastructure improvements that are necessary for the Project; and WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds is consistent with the CRA's Redevelopment Plan, and Chapter 163, Florida Statutes; and WHEREAS, due to the intended elimination of slum and blighted conditions, and the beneficial economic impact of the Project, the CRA and the CITY find that this funding agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the CITY of Boynton Beach, including the Community Redevelopment Area. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitals. The recitations set forth above are hereby incorporated herein. 2. Obligations of the CRA. 00975472-1 CRA:TDrive:ILAs\2018 Page 339 of 665 a. The CRA shall provide funding to the CITY in an amount not to exceed Three Hundred Fifty Thousand and 00/100 Dollars ($350,000.00), for the engineering design services of right-of-way improvements, the property acquisitions necessary for the completion of right-of-way improvements, and the undergrounding of existing overhead electrical service as described within the Project Scope, to be used for reimbursement of certain eligible costs. b. The CRA shall make payments to the CITY upon receipt of a written request from the CITY for payment, which request shall include all documentation required by this Agreement. 3. Obligations of the CITY. a. The CITY shall ensure funds provided by the CRA are not used for any purposes prohibited by § 163.370(3), Florida Statutes, or otherwise prohibited by law. b. The CITY shall ensure that the Project is designed and constructed in compliance with the Plan. C. The CITY shall be responsible for overseeing the Project and contracting with other entities as necessary to effectuate the Project, but shall coordinate with the CRA concerning compliance with the Plan. d. Upon request from the CRA, or an authorized agent of the CRA, including the Executive Director and the CRA Attorney, the CITY shall provide all documents reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance Florida Statutes. 4. Reimbursement of Funds a. The CITY shall provide a written request for reimbursement of funds ("Reimbursement Request") to the CRA no later than December 31, 2018, which shall include the following information: i. The amount of reimbursement requested; ii. A summary of the Project improvements for which the City seeks reimbursement; iii. A statement and evidence that the Project is in compliance with the Plan. iv. Copies of all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payment made by the CITY for the Project for which the CITY is seeking reimbursement. b. Upon receipt of a Reimbursement Request from the CITY meeting the requirements of this Agreement, the CRA shall remit funding in the amount requested, consistent with this Agreement, to the CITY within thirty(30) days of receipt of the Reimbursement Request. 00975472-1 CRA:TDrive:ILAs\2018 2 Page 340 of 665 C. If the CITY fails to submit a Reimbursement Request by December 31, 2018, the CITY will no longer be eligible to receive any reimbursement and this Agreement shall terminate. If the CITY submits a Reimbursement Request that the CRA deems incomplete, the CRA shall notify the City in writing. The City shall have 30 days from receipt of the notice to provide the necessary documentation to complete the Reimbursement Request. If the City fails to provide the documentation required by the CRA within 30 days, the City shall only be eligible for the portion of the Reimbursement Request, if any, that the CRA deems complete and eligible. The CRA will not reimburse the City for any portion of the request the CRA deems ineligible for reimbursement. 5. Limits of CRA Obligations for the Project. The Parties agree that the CRA shall only be responsible to the CITY for providing reimbursement for eligible expenses for the Project, and shall not otherwise be responsible for effectuating the Project. 6. Indemnification. The CITY shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct of persons or the faulty equipment (including equipment installation and removal) associated with the Project. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the CITY as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the CITY to indemnify the CRA for its own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 7. Term of the Agreement. This Agreement shall become valid and commence upon execution by the last Party to this Agreement, and unless earlier terminated pursuant to this Agreement, shall terminate on December 31, 2018, or after the CRA reimburses the CITY, whichever occurs first ("Termination Date"). In no case shall the CRA be required to reimburse the CITY for any requests submitted after the Termination Date. The term of the Agreement may be extended only upon the execution of a written amendment signed by the CITY Council and the CRA Board. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreement in accordance with other provisions in this Agreement. 00975472-1 CRA:1Drive:ILAs\2018 3 Page 341 of 665 8. Records. The CITY and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other Party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least 1 year after the termination of the Agreement. 9. Filing. The CITY shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11) of the Florida Statutes 10. Default. If either Party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other Party, the Party giving notice of default may terminate this Agreement through written notice to the other Party. Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of such rights. No Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. 11. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 12. Compliance with Laws. The CITY and the CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 13. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 00975472-1 CRA:1Drive:ILAs\2018 4 Page 342 of 665 14. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such the remainder of the Agreement shall continue to be binding upon the Parties. To that end, this Agreement is declared severable. 15. Governing Law and Venue. The terms of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of laws principles. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida, to which the Parties expressly agree and submit. 16. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 17. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice. CITY: Lori LaVerriere, CITY Manager CITY of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 CRA: Michael Simon, Executive Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, Florida 33435 Copies To: James A. Cherof Goren, Cherof, Doody& Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 00975472-1 CRA:TDrive:ILAs\2018 5 Page 343 of 665 Copies To: Tara Duhy, Esquire Lewis, Longman& Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 18. No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Party. 19. Interpretation Independent Advice. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 20. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 21. Survival. The provisions of this Agreement regarding indemnity, waiver, and termination, and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 22. Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 23. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, expenses, and costs, including those at the appellate level, in addition to any other relief to which it may be entitled. 00975472-1 CRA:TDrive:ILAs\2018 6 Page 344 of 665 IN WITNESS WHEREOF, the CITY and the CRA hereto have executed this Agreement as of the date set forth above. ATTEST: CITY OF BOYNTON BEACH, a Florida municipal corporation By: Judith Pyle, CITY Clerk Steven B. Grant, Mayor Approved as to Form: Date: (SEAL) Office of the CITY Attorney Approved as to Form: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By:_ Office of the CRA Attorney Steven B. Grant, Chair Date: 00975472-1 CRA:TDrive:ILAs\2018 / Page 345 of 665 EXHIBIT A Project Scope — Design Plans 00975472-1 CRA:Mrive:U-As\2018 8 Page 346 of 665 ;t r_ ruvn rv., o �f - �,�� - . .. rrxe es .. l0lY lif t7 1� .'.V' 3Hi?JW QI?NV3dd £`J nNDAV Hit L NAPS { 1 �t J { pR�x s V7 r a a sp > u D �� 5 u tV itik 13 Ar1...... , _ F. i s r a. a uj i k } > W S s v:.5 UJ s 9 on yt + 0 .ir r9 Page 347 of 665 3^o SWN VOIHOIj HJV39 NOiW09 sooe Nmoll+s sv 3�a� Nb�d 9Nlnbd HOV38 NO1NA08 30 ALIO c. 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Y Y? NIL e I ¢ ....... `°.... � I J m I 4 I (n z W a U �I m KI n C z ( ...._ ...... 9 ... 2� ...... ...._ ...... ....... m L � v ® o r LL a PI l 9 !2 N� X A V._._. ....... _,... V g F _ o x rc z r z ........... ...... ...,... ......, .,..... ...... ._. ...... ....._ w ¢ ¢ U a r rc H2 n_ f m .... ... .. rc W 9 x p I w o re # X x g o n Y 9 000 1 ....... ....... ....... ...... ....._ W — m _ � z .x ¢ rc 0 0 a s a s x m w w I n N F LL o rc w - ' I I I _ YT' zm ...... ....._ LL rc EEE $ i L ti w e r v d' U E rn J 9 i� -CMU �° I E2 F co C�Ill n w o a � I d ..__m ' ...... -- ° i a � °a Z Q ® e v nW , wLL r $M a - } L6 x LL:azis 69uOuXJ:A9 431NIbd R:K:M 9LOZ/9UE % gAE Db' of 665 0 SECTION 01025 - MEASUREMENT AND PAYMENT PROCEDURES PART 1 GENERAL of work has not been established by the Bid Form or Payment Items, he shall 1.01 GENERAL include the cost for that work in some other applicable bid item, so that his A. The Contractor shall receive proposal for the project does reflect his and accept the compensation total price for completing the work in its provided in the Bid and the entirety. Contract as full payment for furnishing all materials, labor, 1.02 MEASUREMENT tools and equipment, for performing all operations A. The quantities for payment under this necessary to complete the Contract shall be determined by actual work under the Contract, and measurement of the completed items, in also in full payment for all loss place, ready for service and accepted by or damages arising from the the CITY, in accordance with the nature of the work, or from any applicable method of measurement discrepancy between the therefore contained herein. actual quantities of work and quantities herein estimated by 1.03 AUTHORITY the CONSULTANT, or from the action of the elements or from A. Measurement methods delineated in the any unforeseen difficulties FDOT Standard Specifications for Road which may be encountered and Bridge Construction 2000 Edition, or during the prosecution of the the individual specification sections work until the final acceptance complement the criteria of this section. In by the CITY. the event of conflict, the Contractor shall notify the CITY in writing. In determining B. The prices stated in the Bid the resolution, the CITY shall consider include all costs and expenses the requirement of the individual for taxes, labor, equipment, specification section, FDOT requirements materials, commissions, and this Section. transportation charges and expenses, patent fees and B. Any requirements of the Contract royalties, labor for handling Documents, i.e., technical specifications materials during inspection, or project construction drawings for which together with any and all other the method of payment is not explicitly costs and expenses for defined are considered to be incidental performing and completing the costs and should be included in other pay work as shown on the items as appropriate. Drawings and specified herein. The basis of payment for an 1.04 RELATED SECTIONS: item at the unit price shown in the proposal shall be in A. Testing Allowance accordance with the description of that item in this B. Applications for Payments: Section Section. SC1027 C. The Contractor's attention is C. Shop Drawings, Working Drawings, and again called to the fact that the Samples—Section SCO 1340 quotations for the various items of work are intended to D. Schedule of Values: Section SCO1370 establish a total price for completing the work in its E. Change Order Procedures: Section entirety. Should the Contractor SC01153 feel that the cost for any item F. Field Engineering: Section SCO1050 Boynton Beach Utilities—NW 11th Avenue Reconstruction SCO1025-1 MEASUREMENT AND PAYMENT PROCEDURES 0 G. Record Drawing Requirements — Reports with next Application Section SCO1705 for Payment to the CITY. H. Testing Specific Utility Systems b. Reimbursement to the Contractor upon proof of 1. Refer to Section 02513 payment (to the testing and/or POTABLE WATER AND inspecting firm) on approval by RECLAIMED WATER the CONSULTANT. DISTRIBUTION SYSTEMS for applicable and specific B. When other allowances, such as requirements. Contractor is NPDES permit and/or SFWMD responsible for all testing costs dewatering permit application fees, or associated with these systems. coordination with FP&L/AT&T/ Comcast or other utility are identified on the 1.05 ALLOWANCES Schedule of Bid Items, the following applies: A. When a Testing Allowance is identified on the Schedule of Bid 1. Only those items qualified for CITY Items,the following applies: reimbursement shall be considered. All items shall have written, 1. Costs in Testing Allowance advance approval of the CITY. includes engaging a certified, testing agency; execution of 2. Payment Procedures: tests; and reporting results as approved by the CITY and a. Submit two (2) copies of the CONSULTANT. agreed invoicing format with proof of payment (as 2. Costs not included in the applicable) with next Testing Allowance: Application for Payment. a. Costs of testing services 1.06 SCHEDULE OF VALUES used by Contractor separate from Contract A. Submit Schedule of Values at the Pre- Document requirements Construction Meeting. b. Testing agency's stand-by B. The Schedule of Values shall be a time. computer generated original. When the Contractor's proposed Schedule of c. Costs of retesting upon Values is accepted by the CITY, it shall failure of previous tests as become the basis for the Application for determined by the Payment. CONSULTANT. C. Contractor shall only revise the 3. Only those items qualified for accepted Schedule of Values to identify, CITY's reimbursement shall be as separate line items approved on a considered. Such items may Field Order or Change Order. The CITY include water quality testing of may issue a Field Order substituting or dewatering activities, modifying Schedule of Value items. geotechnical, concrete strength cylinders, special compaction 1.07 APPLICATIONS FOR PAYMENT and proctor testing, etc. All predetermined items shall have A. Submit five (5) copies of each written, advance approval of Application for Payment (AFP). After the CITY. certification by the CONSULTANT, the CONSULTANT will retain one (1) copy, 4. Payment Procedures: one (1) copy will be returned to the Contractor and three (3) copies will be a. Submit two (2) copies of forwarded to the CITY for review, the testing and/or authorization and processing. inspecting firm's invoice and copies of the Test Boynton Beach Utilities—NW 11th Avenue Reconstruction SCO1025-2 MEASUREMENT AND PAYMENT PROCEDURES 0 B. Content and Format: Utilize capping. The replacement of existing Schedule of Values for listing items irrigation in the Public Right-Of-Way as in Application for Payment outlining the result of pipeline installation or swale the following: development is NOT a pay item. Replacement of existing ROW irrigation 1. Provide a column for each of shall be incidental to the Unit Price of the following: the pipeline or swale development. a. Item Number 1.08 MEASUREMENT OF AND PAYMENT FOR WORK b. Item Description A. Monthly Payments to the Contractor. c. Quantity The Contractor shall plan its work for construction on the basis of twelve (12) d. Unit of measurement monthly pay periods per year. So long e. Scheduled Value as the work is prosecuted in compliance with the provisions of the Contract, the f. Change Orders Contractor will, on or about the last day of the pay period, make an approximate g. Work Completed: estimate, in writing on a form approved 1. Previous Period by the CITY of the proportionate value (Quantity and Value) of the work done, items, and locations of 2. This Period (Quantity the work performed up to and including and Value) the last day of the period then ending. The CONSULTANT will then review h. To Date (Quantity and such estimate and make the necessary Value) recommendations to the Contractor for revision. The Contractor shall revise the i. Percentage of Completion Application for Payment and resubmit to the CONSULTANT for review and j. Balance to Finish Certification. Redlined Applications for Payment will not be accepted by the k.. Retainage CITY. If the Contractor and the CONSULTANT do not agree on the NOTE: There is no column for approximate estimate of the "Materials Stored", the CITY proportionate value of the work done for does not pay for items ordered any pay period, the determination of the and/or stored on site. As CONSULTANT shall be binding. The defined later in this Section, amount of such estimate after deducting payment for pay items are paid ten percent (10%) and all previous for once the item is installed, payments, shall be due and payable to measured in place, completed the Contractor in accordance with the and accepted. Florida Prompt Payment Act, §218.70 Florida Statutes, as may be amended C. Application for Final Payment must from time to time. be marked FINAL. Contractor must include in the FINAL AFP package, B. Substantiating Data: When the proof of payment and final CONSULTANT requires substantiating settlement with the CITY with information, Contractor shall submit data regards to any temporary and/or justifying quantities and dollar amounts construction water meters used in question. Contractor shall provide during the course of the project. three (3) copies of data with cover letter for each copy of submittal showing D. When existing Right-Of-Way application number and date, and line (ROW) irrigation must be disturbed item by number and description. due to pipeline installation or swale development, any existing irrigation 1.09 MEASUREMENT AND PAYMENT - UNIT lines shall be marked on the PRICES Contractors drawings prior to or at the time of temporary cutting-&- A. Measurement methods delineated in individual specification sections Boynton Beach Utilities—NW 11th Avenue Reconstruction SCO1025-3 MEASUREMENT AND PAYMENT PROCEDURES 0 complement criteria of this section. 1.10 Measurement of Quantities: In event of conflict, requirements of individual specification section A. Weigh Scales: Inspected, tested and govern. certified by the applicable State of Florida Weights and Measures B. Contractor shall take daily and department within the past year. weekly measurements and compute quantities. The Contractor B. Platform Scales: Of sufficient size and shall review and sign these daily capacity to accommodate the conveying and weekly measurements with the vehicle. CONSULTANT. The CONSULTANT shall also sign-off C. Metering Devices: Inspected, tested and on the weekly measurement sheets certified by the applicable State of indicating the CONSULTANT's Florida Weights and Measures progressive concurrence with the Department within the past year. quantities. The Contractor shall transmit the signed-off weekly D. Measurement by Weight: Concrete measurement sheets to the reinforcing steel rolled or formed steel or CONSULTANT. These other metal shapes will be measured by measurement sheets shall be used handbook weights. Welded assemblies to form the basis of the quantities will be measured by handbook or scale claimed on the Application For weight. Payment. E. Measurement by Volume: Measured by C. Unit Quantities cubic dimension using mean length, width and height or thickness. 1. Quantities indicated in the Schedule of Bid Items are for F. Measurement by Area: Measured by bidding and contract purposes square dimension using mean length only. Quantities and and width or radius. measurements supplied or placed in the Work and verified G. Linear Measurement: Measured by by the Consultant and CITY linear dimension, at the item centerline. determine payment. Minor offsets (less than a total of five (5) feet) will not be measured for payment. 2. If the actual Work requires Measurement shall be along the more or fewer quantities than horizontal axis at finished grade. those quantities indicated in the bid items, Contractor shall H. Stipulated Sum/Price Measurement: provide the required quantities Items measured by weight, volume, at the unit sum/prices area, or linear means or combination, as contracted. appropriate, as a completed and accepted item or unit of the Work. D. Payment Includes: Full compensation for required labor, I. Payment for Work does not indicate products, tools, equipment, acceptance. Work items previously paid facilities, transportation, services for may require additional work effort to and incidentals; erection; bring them into compliance with the application or installation of an item requirements of the specific technical of the Work; and overhead and specifications and/or project drawings. profit. 1.11 UNIT OF MEASURE — SCHEDULE OF BID E. Final payment for Work governed PRICES by unit prices will be made on the basis of the actual measurements A. Payment for furnishing and installing and quantities accepted by the those items cited in the Schedule of Bid CONSULTANT and CITY, Items and subsequent Schedule of multiplied by the unit sum/price for Values is noted herein. If "remove and Work, which is incorporated in or replace" is indicated on the project made necessary by the Work. construction drawings (by either annotation or line weight), then the item Boynton Beach Utilities—NW 11th Avenue Reconstruction SCO1025-4 MEASUREMENT AND PAYMENT PROCEDURES 0 descriptions below include the pay item may be disqualified and the removal and proper disposal of the CITY and Consultant may not existing items. evaluate their bid proposal. This cost shall be shown on the Schedule of B. Mobilization/Demobilization, Bonds, Values. Insurance & General Requirements — Bid Items No. 1 3. Partial payments for the NPDES compliance shall be made in 1. Payment for the General accordance with the following Conditions shall be made per schedule: item and shall be full compensation for preparatory Percent of Original Allowable percent of work and operations in mobilizing Contract Amount NPDES Compliance and demobilizing for the project Earned including but not limited to, those 10 10 operations necessary for the 25 25 movement of personnel, 50 50 equipment, supplies and 75 No additional payment incidentals to and from the Final Payment 100 project site, Maintenance of Traffic, for establishment of D. Record Drawings—Bid Item No. 3 temporary offices, buildings, safety equipment, sanitary and 1. Payment for Record Drawings shall other facilities and compliance be made at the Contract lump sum with permit conditions for permits price and shall be full compensation secured by either the Owner or for preparation and maintenance of Contractor. the Record Drawings as specified in technical specification 01340 SHOP 2. MOT plans shall be required for DRAWING REQUIREMENTS and the work within City of Boynton requirements of this Special Beach R-O-W. Conditions. 3. Audio Video Documentation shall 2. Partial payments for the Record be performed pre and post Drawings shall be made in construction as specified in accordance with the following Special Conditions SCO1390 schedule: VIDEO AND PHOTOGRAPHIC Percent of Original Contract Allowable percent of Lump SITE SURVEY. Amount Earned Sum Price For Record Drawings 4. The cost of bonds, permits, 10 10 required insurance and any other 25 25 pre-construction expense 50 50 necessary for the start of the 75 75 work shall also be included in the Final Payment 100 General Conditions. 3. Contractor shall submit updated As- C. NPDES Compliance—Bid Item No. 2 Built Drawings with each Pay Application Request. 1. Payment for NPDES compliance shall include the preparation of E. Indemnification—Bid Item No.4 the NPDES Plan, development and compilation of the BMPs, site 1. Payment under this item is in implementation and accordance with of the Front-End documentation of inspections. Contract Documents. 2. Contractor shall refer to the F. Demolition—Bid Item No. 5 Schedule of Bid Items for instructions on the method of 1. Method of Measurement: The calculation for this Pay Item. Any quantity to be paid for under this bidder who enters an amount section shall be on a lump sum basis. greater than the 1.5% limit for this Boynton Beach Utilities—NW 11th Avenue Reconstruction SCO1025-5 MEASUREMENT AND PAYMENT PROCEDURES 0 2. Basis of Payment: Payment shall be at the Contract Lump I. Subgrade Preparation—Bid Item No. 8 Sum Price and shall include, but not be limited to, furnishing 1. Method of Measurement: The all materials, labor, and quantity to be paid for under this equipment required to remove section shall be per square yard. concrete sidewalk, signs, fence, guardrail, asphalt 2. Basis of Payment: Payment shall pavement, base, curb & gutter, be at the Contract Unit Price and on-site debris, abandoned shall include, but not be limited to, utilities, utilities to be removed furnishing all materials, labor, and except those with separate bid equipment required to prepare items, including disposal, and subgrade, including stabilizing, any other work described on grading, compaction, testing, and the plans or required for a any other work described on the complete and functional plans or required for a complete system. and functional system. G. Site Restoration—Bid Item No. 6 J. Base—Bid Item No. 9 1. Method of Measurement: The 1. Method of Measurement: The quantity to be paid for under this quantity to be paid for under this section shall be on a lump sum section shall be per square yard. basis. 2. Basis of Payment: Payment shall 2. Basis of Payment: Payment be at the Contract Unit Price and shall be at the Contract Lump shall include, but not be limited to, Sum Price and shall include, furnishing all materials, labor, and but not be limited to, furnishing equipment required to install base all materials, labor, and material, including grading, equipment required to restore compaction, testing, and any other the site to a condition equal to work described on the plans or or better than the existing and required for a complete and any other work described on functional system. the plans or required for a complete and functional system. K. Milling—Bid Item No. 10 1. Method of Measurement: The H. Earthwork—Bid Item No. 7 quantity to be paid for under this 1. Method of Measurement: The section shall be per square yard. quantity to be paid for under this 2. Basis of Payment: Payment shall section shall be on a lump sum be at the Contract Unit Price and basis. shall include, but not be limited to, 2. Basis of Payment: Payment furnishing all materials, labor, and equipment required to mill the shall be at the Contract Lump existing asphalt pavement (1" Sum Price and shall include, minimum), including millings but not be limited to, furnishing disposal, and any other work all materials, labor, and described on the plans or required equipment required to bring the for a complete and functional site to proposed grade, system. including excavation, embankment, grading, disposal of excess material, L. 1"Asphalt—Bid Item No. 11 compaction, testing, and any other work described on the 1. Method of Measurement: The plans or required for a quantity to be paid for under this complete and functional section shall be per square yard. system. Boynton Beach Utilities—NW 11th Avenue Reconstruction SC01025-6 MEASUREMENT AND PAYMENT PROCEDURES -6 RAI 0 2. Basis of Payment: Payment 2. Basis of Payment: Payment shall shall be at the Contract Unit be at the Contract Unit Price and Price and shall include, but not shall include, but not be limited to, be limited to, furnishing all furnishing all materials, labor, and materials, labor, and equipment required to install base equipment required to install 1" material, including grading, thick asphalt (compacted compaction, testing, and any other thickness), including tack coat, work described on the plans or compaction, testing, overbuild, required for a complete and and any other work described functional system. on the plans or required for a complete and functional P. Milling—County R/W—Bid Item No. 15 system. 1. Method of Measurement: The M. 1-1/2"Asphalt—Bid Item No. 12 quantity to be paid for under this section shall be per square yard. 1. Method of Measurement: The quantity to be paid for under this 2. Basis of Payment: Payment shall section shall be per square yard. be at the Contract Unit Price and shall include, but not be limited to, 2. Basis of Payment: Payment furnishing all materials, labor, and shall be at the Contract Unit equipment required to mill the Price and shall include, but not existing asphalt pavement (1" be limited to, furnishing all minimum), including millings materials, labor, and disposal, and any other work equipment required to install 1- described on the plans or required 1/2" thick asphalt (compacted for a complete and functional thickness), including prime system. coat, compaction, testing, and any other work described on Q• 1" Asphalt — County R/W — Bid Item No. the plans or required for a 16 complete and functional system. 1. Method of Measurement: The quantity to be paid for under this N. Subgrade Preparation — County R/W section shall be per square yard. —Bid Item No. 13 2. Basis of Payment: Payment shall be at the Contract Unit Price and 1. Method of Measurement: The shall include, but not be limited to, quantity to be paid for under this furnishing all materials, labor, and section shall be per square yard. equipment required to install 1" thick asphalt (compacted 2. Basis of Payment: Payment thickness), including tack coat, shall be at the Contract Unit compaction, testing, overbuild, and Price and shall include, but not any other work described on the be limited to, furnishing all plans or required for a complete materials, labor, and and functional system. equipment required to prepare subgrade, including grading, R. 1-1/2" Asphalt — County R/W — Bid Item compaction, testing, and any No. 17 other work described on the plans or required for a 1. Method of Measurement: The complete and functional quantity to be paid for under this system. section shall be per square yard. O. Base—County R/W—Bid Item No. 14 2. Basis of Payment: Payment shall be at the Contract Unit Price and 1. Method of Measurement: The shall include, but not be limited to, quantity to be paid for under this furnishing all materials, labor, and section shall be per square yard. equipment required to install 1-1/2" thick asphalt (compacted Boynton Beach Utilities—NW 11th Avenue Reconstruction SCO1025-7 MEASUREMENT AND PAYMENT PROCEDURES -6 ARA 0 thickness), including prime equipment required to adjust coat, compaction, testing, and existing manhole rims to proposed any other work described on grade and any other work described the plans or required for a on the plans or required for a complete and functional complete and functional system. system. V. Exfiltration Trench—Bid Item No. 21 S. Ditch Bottom Inlet—Bid Item No. 18 1. Method of Measurement: The 1. Method of Measurement: The quantity to be paid for under this quantity to be paid for under this section shall be per linear foot. section shall be per each. 2. Basis of Payment: Payment shall 2. Basis of Payment: Payment be at the Contract Unit Price and shall be at the Contract Unit shall include, but not be limited to, Price and shall include, but not furnishing all materials, labor, and be limited to, furnishing all equipment required to install materials, labor, and exfiltration trench, including filter equipment required to install fabric, washed rock, pipe (including ditch bottom inlets, including solid sections at inlets/manholes), filter fabric, washed rock, pipe backfill, compaction, testing, and connections, frame & grate, any other work described on the backfill, compaction, testing, plans or required for a complete and any other work described and functional system. on the plans or required for a complete and functional system. W. Flume—Bid Item No. 22 1. Method of Measurement: The T. Manhole—Bid Item No. 19 quantity to be paid for under this 1. Method of Measurement: The section shall be per each. quantity to be paid for under this 2. Basis of Payment: Payment shall section shall be per each. be at the Contract Unit Price and shall include, but not be limited to, 2. Basis of Payment: Payment furnishing all materials, labor, and shall be at the Contract Unit equipment required to install Price and shall include, but not flumes, including excavation, be limited to, furnishing all formwork, concrete placement, saw materials, labor, and cutting, and any other work equipment required to install described on the plans or required manholes, including filter for a complete and functional fabric, rock support, pipe system. connections, bricks, frame & cover, backfill, compaction, testing, and any other work X. Bollard—Bid Item No. 23 described on the plans or required for a complete and 1. Method of Measurement: The functional system. quantity to be paid for under this section shall be per each. U. Adjust Rim—Bid Item No. 20 2. Basis of Payment: Payment shall be at the Contract Unit Price and 1. Method of Measurement: The shall include, but not be limited to, quantity to be paid for under this furnishing all materials, labor, and section shall be per each. equipment required to install bollards, including excavation, 2. Basis of Payment: Payment formwork, concrete placement, shall be at the Contract Unit backfilling, compaction, testing, Price and shall include, but not painting, and any other work be limited to, furnishing all described on the plans or required materials, labor, and for a complete and functional Boynton Beach Utilities—NW 11th Avenue Reconstruction SC01025-8 MEASUREMENT AND PAYMENT PROCEDURES 0 system. system. Y. Curb &Gutter—Bid Item No. 24 BB. Detectable Warning—Bid Item No. 27 1. Method of Measurement: The 1. Method of Measurement: The quantity to be paid for under this quantity to be paid for under this section shall be per linear foot. section shall be per square foot. 2. Basis of Payment: Payment 2. Basis of Payment: Payment shall shall be at the Contract Unit be at the Contract Unit Price and Price and shall include, but not shall include, but not be limited to, be limited to, furnishing all furnishing all materials, labor, and materials, labor, and equipment required to install equipment required to install detectable warning surfaces and curb & gutter, including any other work described on the compaction, formwork, plans or required for a complete placement, saw cutting, testing, and functional system. and any other work described on the plans or required for a CC. Sign—Bid Item No. 28 complete and functional system. 1. Method of Measurement: The quantity to be paid for under this Z. Curb—Bid Item No. 25 section shall be on an assembly basis. 1. Method of Measurement: The quantity to be paid for under this 2. Basis of Payment: Payment shall section shall be per linear foot. be at the Contract Lump Sum Price and shall include, but not be limited 2. Basis of Payment: Payment to, furnishing all materials, labor, shall be at the Contract Unit and equipment required to install Price and shall include, but not signs, including anchor, post, be limited to, furnishing all fasteners, placard, and any other materials, labor, and work described on the plans or equipment required to install required for a complete and curb, including compaction, functional system. formwork, placement, saw cutting, testing, and any other DD. Pavement Marking—Bid Item No. 29 work described on the plans or required for a complete and 1. Method of Measurement: The functional system. quantity to be paid for under this section shall be on a lump sum basis. AA. Sidewalk—Bid Item No.26 2. Basis of Payment: Payment shall 1. Method of Measurement: The be at the Contract Lump Sum Price quantity to be paid for under this and shall include, but not be limited section shall be per square yard. to, furnishing all materials, labor, and equipment required to install 2. Basis of Payment: Payment thermoplastic pavement markings, shall be at the Contract Unit including temporary markings, Price and shall include, but not retroreflective pavement markers, be limited to, furnishing all and any other work described on materials, labor, and the plans or required for a complete equipment required to install and functional system. concrete sidewalk, including grading, compaction, formwork, EE. 2" Line Stop and Restrained Cap — Bid placement, expansion joints, Item No. 30 saw cutting, testing, and any other work described on the plans or required for a complete and functional Boynton Beach Utilities—NW 11th Avenue Reconstruction SC01025-9 MEASUREMENT AND PAYMENT PROCEDURES 0 1. Method of Measurement: The backfilling, compaction, testing, and quantity to be paid for under this any other work described on the section shall be per each. plans or required for a complete and functional system. 2. Basis of Payment: Payment shall be at the Contract Lump HH. 6"x8" Reducer—Bid Item No. 33 Sum Price and shall include, but not be limited to, furnishing 1. Method of Measurement: The all materials, labor, and quantity to be paid for under this equipment required to install 2" section shall be per each. line stop and restrained cap, including excavation, concrete, 2. Basis of Payment: Payment shall backfilling, compaction, testing, be at the Contract Unit Price and temporary patching, and any shall include, but not be limited to, other work described on the furnishing all materials, labor, and plans or required for a equipment required to install 6"x8" complete and functional reducers, including restraint, and system. any other work described on the plans or required for a complete FF. Water Main Removal — Bid Item No. and functional system. 31 II. 14"x8"Stainless Steel Tapping Sleeve and 1. Method of Measurement: The Valve—Bid Item No. 34 quantity to be paid for under this section shall be per linear foot. 1. Method of Measurement: The quantity to be paid for under this 2. Basis of Payment: Payment section shall be per each. shall be at the Contract Unit Price and shall include, but not 2. Basis of Payment: Payment shall be limited to, furnishing all be at the Contract Unit Price and materials, labor, and shall include, but not be limited to, equipment required to remove furnishing all materials, labor, and potable water system, including equipment required to install 14"x8" excavation, draining, pipe, stainless steel tapping sleeve and services, meter boxes, valve, including excavation, appurtenances, disposal, restraint, box, EMS marker, backfilling, compaction, testing, indicator plate, backfilling temporary restoration, and any compaction, testing, and any other other work described on the work described on the plans or plans or required for a required for a complete and complete and functional functional system. system. JJ. 6"Gate Valve—Bid Item No. 35 GG.6"x6" Stainless Steel Tapping Sleeve and Valve—Bid Item No. 32 1. Method of Measurement: The 1. Method of Measurement: The quantity to be paid for under this section shall be per each. quantity to be paid for under this section shall be per each. 2. Basis of Payment: Payment shall be at the Contract Unit Price and 2. Basis of Payment: Payment shall include, but not be limited to, shall be at the Contract Unit furnishing all materials, labor, and Price and shall include, but not equipment required to install 6"gate be limited to, furnishing all valves, including restraint, box, materials, labor, and EMS marker, indicator plate, and equipment required to install any other work described on the 6"x6" stainless steel tapping plans or required for a complete sleeve and valve, including and functional system. excavation, restraint, box, EMS marker, indicator plate, KK. 8"Gate Valve—Bid Item No. 36 Boynton Beach Utilities—NW 11th Avenue Reconstruction SC01025-10 MEASUREMENT AND PAYMENT PROCEDURES 1. Method of Measurement: The 3. Method of Measurement: The quantity to be paid for under this quantity to be paid for under this section shall be per each. section shall be per each. 2. Basis of Payment: Payment shall 4. Basis of Payment: Payment be at the Contract Unit Price and shall be at the Contract Unit shall include, but not be limited to, Price and shall include, but not furnishing all materials, labor, and be limited to, furnishing all equipment required to install fire materials, labor, and hydrants, including excavation, equipment required to install 8" fittings, valves, pipe, restraint, thrust gate valves, including restraint, blocks, EMS marker, backfill, box, EMS marker, indicator compaction, testing, and any other plate, and any other work work described on the plans or described on the plans or required for a complete and required for a complete and functional system. functional system. 00.8"Water Main with Tracer Wire— Bid Item LL. Sampling Point—Bid Item No. 37 No.40 1. Method of Measurement: The 1. Method of Measurement: The quantity to be paid for under this quantity to be paid for under this section shall be per each. section shall be per linear foot. 2. Basis of Payment: Payment 2. Basis of Payment: Payment shall shall be at the Contract Unit be at the Contract Unit Price and Price and shall include, but not shall include, but not be limited to, be limited to, furnishing all furnishing all materials, labor, and materials, labor, and equipment required to install 8" equipment required to install water main with tracer wire, sampling points, including including excavation, additional chlorinating the main, piping required to account for bacteriological testing, and any change in vertical elevation, other work described on the disinfection, filling, backfilling, plans or required for a compaction, pressure testing, and complete and functional any other work described on the system. plans or required for a complete and functional system. MM.B"x6"Tee—Bid Item No. 38 3. Method of Measurement: The PP. 8" 11.25-Degree Bend—Bid Item No.41 quantity to be paid for under this 1. Method of Measurement: The section shall be per each. quantity to be paid for under this 4. Basis of Payment: Payment section shall be per each. shall be at the Contract Unit 2. Basis of Payment: Payment shall Price and shall include, but not be at the Contract Unit Price and be limited to, furnishing all shall include, but not be limited to, materials, labor, and furnishing all materials, labor, and equipment required to install equipment required to install 8" 8"x6" tees, including restraint, 11.25-degree bends, including and any other work described restraint, thrust blocks, and any on the plans or required for a other work described on the plans complete and functional or required for a complete and system. functional system. NN. Fire Hydrant—Bid Item No. 39 QQ.8"45-Degree Bend—Bid Item No.42 Boynton Beach Utilities—NW 11th Avenue Reconstruction SCO1025-11 MEASUREMENT AND PAYMENT PROCEDURES 0 1. Method of Measurement: The quantity to be paid for under this 3. Method of Measurement: The section shall be per each. quantity to be paid for under this section shall be per each. 2. Basis of Payment: Payment shall be at the Contract Unit 4. Basis of Payment: Payment shall Price and shall include, but not be at the Contract Unit Price and be limited to, furnishing all shall include, but not be limited to, materials, labor, and furnishing all materials, labor, and equipment required to install 8" equipment required to install 6" 45-degree bends, including sanitary services, including restraint, thrust blocks, and any excavation, cut-in, EMS marker, other work described on the cleanouts, mini manholes, concrete plans or required for a collars, wing nut plugs, trench complete and functional restoration, testing, and any other system. work described on the plans or required for a complete and RR.Water Service—Bid Item No.43 functional system. 1. Method of Measurement: The UU. Power Undergroundinq—Bid Item No.46 quantity to be paid for under this section shall be per each. 1. Method of Measurement: The quantity to be paid for under this 2. Basis of Payment: Payment section shall be on a lump sum basis. shall be at the Contract Unit Price and shall include, but not 2. Basis of Payment: Payment shall be limited to, furnishing all be at the Contract Lump Sum Price materials, labor, and and shall include, but not be limited equipment required to install to, installing all materials (provided water services, including by FPL), labor, and equipment excavation, casing, copper required to relocate existing tubing, EMS marker, meter overhead power utilities to an boxes, backfilling, compaction, underground location, including testing, and any other work risers, excavation, conduit and wire described on the plans or installation, equipment installation, required for a complete and tracer wire, EMS markers, backfill, functional system. trench restoration, sidewalk restoration, compaction, testing, SS. Lateral Removal—Bid Item No.44 terminations, and any other work described on the plans or required 1. Method of Measurement: The for a complete and functional quantity to be paid for under this system. section shall be per each. W. Telephone Undergroundinq — Bid Item No. 2. Basis of Payment: Payment 47 shall be at the Contract Unit Price and shall include, but not 1. Method of Measurement: The be limited to, furnishing all quantity to be paid for under this materials, labor, and section shall be on a lump sum basis. equipment required to remove sanitary sewer laterals, 2. Basis of Payment: Payment shall including excavation, disposal, be at the Contract Lump Sum Price wing nut plugs, trench and shall include, but not be limited restoration, testing, and any to, furnishing all materials, labor, other work described on the and equipment required to relocate plans or required for a existing overhead telephone utilities complete and functional to an underground location, system. including excavation, conduit, pull boxes, ground wires, backfill, TT. 6"Sanitary Service—Bid Item No.45 compaction, testing, and any other Boynton Beach Utilities—NW 11th Avenue Reconstruction SC01025-12 MEASUREMENT AND PAYMENT PROCEDURES -6 ARA 0 work described on the plans or testing, and any other work required for a complete and described on the plans or required functional system. for a complete and functional system. WW. Television Undergrounding — Bid Item No.48 YY. Landscape and Irrigation—Bid Item No. 50 1. Method of Measurement: The 1. Method of Measurement: The quantity to be paid for under this quantity to be paid for under this section shall be on a lump sum section shall be on a lump sum basis. basis. 2. Basis of Payment: Payment shall 2. Basis of Payment: Payment be at the Contract Lump Sum Price shall be at the Contract Lump and shall include, but not be limited Sum Price and shall include, to, furnishing all materials, labor, but not be limited to, furnishing and equipment required to install all materials, labor, and landscaping and irrigation, including equipment required to relocate trees, shrubs, ground cover, existing overhead television planting soil, staking, mulch, utilities to an underground maintenance, fence, water service, location, including excavation, controller, rain sensor, excavation, conduit, conduit terminations, valves, boxes, sleeves, mainline, backfill, compaction, testing, thrust blocks, utility marking tape, and any other work described wiring, lateral lines, backfill, on the plans or required for a compaction, testing, sprinklers, complete and functional bubblers, and any other work system. described on the plans or required for a complete and functional XX. Street Lighting—Bid Item No.49 system. 1. Method of Measurement: The 2 PART 2 PRODUCTS Not Used. quantity to be paid for under this section shall be on a lump sum 3 PART 3 EXECUTION Not Used. basis. *SPECIAL NOTE: 2. Basis of Payment: Payment shall be at the Contract Lump The CITY retains the option to utilize up to 20% of Sum Price and shall include, the excess material from excavation and trenching but not be limited to, installing operations. If the CITY exercises this option, all materials (provided by FPL), Contractor shall stockpile the excess material and labor, and equipment required deliver to the CITY's facility as directed by the to install street lighting, CITY's Representative. including excavation, conduit installation, pull box installation, tracer wire, EMS END OF SECTION markers, backfill, compaction, Boynton Beach Utilities—NW 11th Avenue Reconstruction SCO1025-13 MEASUREMENT AND PAYMENT PROCEDURES 6.E. CONSENTAGENDA 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 REQUESTED ACTION BY COMMISSION: Requesting Commission approval to make a donation of up to $5,000 from the Federal Forfeiture Law Enforcement Trust Funds to GBDC Entrepreneurship Institute. EXPLANATION OF REQUEST: The Boynton Beach Police Department has an ongoing partnership with GBDC Entrepreneurship Institute. This partnership is built on the foundation of community policing and our involvement with empowering youth towards achieving their goals and having a positive impact within the community. The Juvenile Detention Alternatives Initiative (JDAI) suggest among its steps for crime prevention collaboration between juvenile justice agencies, governmental entities, and community organizations that undertake joint planning and policymaking to address reforms. All GBDCEI programs are designed to encourage entrepreneurial, leadership, social and financial literacy leading to job creation and the reduction of school drop rates. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will have a positive impact, as the Boynton Beach Police Department remains committed to building public trust and partnerships in the community. This donation will aide in our endeavor to provide resources to the community through crime prevention and public private partnerships. FISCAL IMPACT: Non-budgeted This donation should be paid from account number 691-5000-590-04-22. The current balance of this account is$120,814.27. ALTERNATIVES: Do not approve the donation at this time. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 366 of 665 ATTACHMENTS: Type Description D Letter Donation Request D Memo Justification Memo Page 367 of 665 LO (.0 (.0 4-- 'sweaoid ino jo isil jo isil e sl molag -sajej dojp loops jo uo.LpnPai 0 co aqj pue uoaean qof ol Suipeal Aoejal!l lepueu.4 pue lepos 'diqsjapeal 'jeunauaidaijua aSeinooua of pauSisap (.0 co aje swei0oid ITNIBE) IN -swJOI@J ssaJPPe 01 5uilewAoilod pue Smueld iuiof ale:papun le4l suo.4eziue0jo (D 0) Al!unwu-ioD pue lsa,4qua jejuawUJaAOO 'SaDuage aj.Ljsnf DI!UDAnf uaam�aq uoL m UO,4UaAajd 0- awin Jo}sdals sl! 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CONSENTAGENDA 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 REQUESTED ACTION BY COMMISSION: Approve the grant adjustment for the Edward Byrne Memorial J ustice Assistance Grant Program (JAG) (2016-DJ-BX-0603) and approve the purchase of desktop computers with the grant funds. EXPLANATION OF REQUEST: Our agency was awarded $29,488 (2016-DJ-BX-0603) on August 29, 2016, there is currently $16,288.67 remaining in the grant funds. The remaining balance is due to projects coming in under budget and the video production project being cut short due to manpower/video production personnel. Staff is requesting that the remaining funds be re-allocated to purchase desktop computers which would replace the slower, outdated computers that we are currently using. In accordance with the grant award the City Commission needs to approve the request for grant adjustment in addition to the Department of Justice approving the request. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By approving this grant adjustment, the police department will utilize the remaining $16,288.67 to purchase desktop computers to improve our operations and better serve the community. FISCAL IMPACT: Non-budgeted There is no fiscal impact to the City, this is a grant and the expense for desktop computers will be reimbursed by the grant. ALTERNATIVES: Do not approve the grant adjustment and do not purchase the desktop computers. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: n/a CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: n/a Is this a grant? Yes Page 371 of 665 Grant Amount: $16,288.67 remaining funds ATTACHMENTS: Type Description D Other Grant adjustment D Attachment JAG Budget Adjustment Page 372 of 665 Grant Adjustments Home Page 1 of 1 Change Project Scope GAPS All Active US DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS Chanes Requested GRANT ADJUSTMENT NOTICE Approved Grantee Information CJenied Grantee Name: City of Boynton Beam Project Period: 10!x112015 GAN aa5 09/30/2019 Numbers [3rBft Grantee 100 EAST BOYNTON BEACH Address: BLVD.BOYNTON BEACH,33425 Program Office: BJA pate: 03/01/2018 Create Grant Adjustment Grantee PUNS 07-224-7133 Number: Grant F9anager. Tamara White HeiD/Free uent)y Grantee EIN: 59-5000282 Application 2016-H3872-FL- Number(s). DJ Asked C1ueStirJnS Vendor#: 596000282 Award Number: 2x16-DJ-8X-0603 Project Title: 2018 JAG Project Award Amounts $29,488.00 - _ Chain a Pro"ect Scope - *Scope Change Types Altering programmatic activities k..J Altering the purpose of the project Changing the project site Change in organization with primary responsibility for implementation of grant Contracting out,sub-granting or otherwise obtaining the services of a third party to perforin Other(Please enter type of scope change activities that are central to the purpose of the below) award *Re ui,r d Justification for Change Project Scope: Our agency respectfslty request that, the - retna.ining funds go towards an unbudgeted computer ^I prOi ct tusnds are senai.ning from project 41 due to man ewer/skills for video productlorn and props ed noc needed. In addi.taon, tho backdrop we.�s cheaper ttachmentsr Filename: User: Timestarnp; Action JAG 26 cannong 02/16/2018 8:38 Atvl Delete Attachment ctions: - i Printer Friendly Version udit Trail: - Description: Role: -User: Timestarn Nate: Approved-Final �PO-GAN 1st Line Su erWsor Locicerd 03/01/2018 9:13 AM Veew Note Submitted - PCl-Grant Manager �cannang 02J16l2018$:43 AM V ew Note Draft EXTERNAL -External User cannonq 02/16/2018 8:43 AM Vievr¢Vote ChansUe Requested PO Grant Mana er Whiter x2115/201$6:40 PM Voew Note Change Requested EXTERNAL-External User WhiteT 02/15/2018 6:40 PM View Note Submitted ��PC7-Grank Mana er cannpng 01/26/201$3:56 PM View Nate Change Requested PQ Grant Manager �+A,r RaT 4#/25/24718 4:04 PM ew Noke Change Requested EXTERNAL-External User Whiter 01/2572018 4:04 PM View N e Submitted PO Grant Manager canning 01/051201$3:05 PM View Note Draft EXTERNAL-External User=Dannon O1fx512018 3:06 PM View Note ttps://grants.Qjp.usdgi.gOV/gmsexternal/gan/processGAN.st?ganld=986'765 4/a772O3 of 665 1$ Edward Byrne Memorial Justice Assistance Grant(JAG)Program Budget and Budget Narrative Due to manpower,we are not able to do anymore video productions at this time and request that the remaining funds$14984.91 be utilized for Project#4-computers. Item Description pproved Ar+mmnl C-4, ti Funds towards Project#4 im !�equesl Unbudgeted overtime $14,338 $534.35 $13,803.65 Costume Props 1® $0.00 $1,ODO.00 tract I Retractable backdrop $650.00 $468.74 $181.26 q14,UA Q1 EmkEm All funds were expended on this project. Actual Spent T Request Funds towa Eltern Description I " i" Sm= est Funds towards Project#4 art: at r ).001 $10'� SmartWatetr $10,000.00 Elnkgio Project complete,due to price change$1303.76 remains-request to forward to project#4 = Item Description Approved Actual Spent. Request Funds towards Project 94 79 Harnesses S3,500.00 $2,19624 T $1,303.76 yotals:S A 31129.33 __.............. Totalsq$16288.60 PMLqct#4 Our agencV would like to utilize the remaining funds to go towards an unbudgeted computer project,consisting of the purchase of desk top computers to add to and replace those that are no longer in service. Item Description Total Price Desktop Computer includl Includes: $16,288.67 Lenovo ThinkCentre M710 pink nt Tiny VESA Mount Slim DVO Burner LED WD Monitor Tots!"Price:$1.6289,671 jAG funds spent and proJecteci sPendlhng totais,,$29488,00 Page 374 of 665 6.G. CONSENTAGENDA 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 REQUESTED ACTION BY COMMISSION: Approve utilizing Ten-8 Fire Equipment, Inc. of Bradenton, FL as a sole source vendor to service the City's Pierce Fire Trucks for an estimated amount of$100,000 for FY17/18. EXPLANATION OF REQUEST: Public Works Fleet Division originally created an annual blanket in the amount of$24,000 with sole source vendor Ten-8 Fire Rescue to service Pierce Fire Trucks. The Fire Department has experienced a couple of major breakdowns. One Fire Rescue Truck had a pump failure and waterway leaks and another truck had multiple leaks on a pump. Currently we have an invoice in the amount of$26,681.87 for Fire Truck#806 that was involved in an accident and there is an additional truck at the vendor's facility that will be approximately $20,000 for repairs. Staff is requesting to increase expenditures to Ten 8 from$24,000 to an estimated expenditure of$100,000. With expected invoices of$74,000 this will leave an additional $26,000 for any repairs which may be needed for the remainder of the fiscal year. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Continued repair of Fire Rescue Trucks is necessary to insure the Fire Department provide residents with emergency services. FISCAL IMPACT: Budgeted Budgeted funding is in Fleet account#501-5000-590-09-82 Previous years expenses: FY 18 to date $ 5,000 FY 16/17 $35,000 FY 15/16 $58,000 ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 375 of 665 Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: TEn-8 Fire Rescue START DATE: END DATE: CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: This is a Sole Source Vendor, see attached sole source letter. ATTACHMENTS: Type Description D Sole Source Letter Ten-8 Frie Rescue- Sole Source Letter Page 376 of 665 A�q Oshkosh 7rt;ek :c r ncn C n�pany Dear Valued Customer, Since 1917'. €'ier e Manuf rAur'ing has provided fihe finest fire apparatLIS 'in the industry. The uality of our products and acre( E?s are our mjrnber. one priority. in order,to tpr vfide YOU with the personalized level ofset-vice you deserve, '1"krc IManUfacturing has @Uthorized deaiers througr-f ut the country, Tenis the Pierce Ehey r l� ri cl 1 4 r 1"€€� r Florida,ri c. Georgia-E _ are the sole urc for Pierce parts in these st@tr� . Ten-8 is also e xtrern l°y qualified to provide you with the service YOU have r3 it:' to expect from Pierce Manufacturing, inc;. Ten-8 is also the authorized soli source distributor for after-ryla rket service erre Support for the /led-l- c ambulance product lir?e Ple c:o tact there directly ctly fear any requests concerning r.rm€€ng the t=ierce product line or Med c;. if you have any questions or concerns regarding this or any other rSSUe,, please call us at 1.. c -. l::IERCE. Regards. rds. ristin earn "AlStcamer Service an Procurement Manager 1p�ierc � l�ariLif ct.rring Inc.i }4 n Oshkoshi Page 377 of 665 6.H. CONSENTAGENDA 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 REQUESTED ACTION BY COMMISSION: Declare twenty four (24) Vehicles/Equipment as surplus and approve the disposition of these items via auction using various means. EXPLANATION OF REQUEST: Public Works Fleet Division is requesting disposition of twenty four (24) items via auction utilizing various means. Staff have verified the vehicles and equipment are no longer of use and has completed all proper documentation for disposal. The disposal and/or sale of vehicles requires approval by the City Commission. The proceeds will generate revenue for the Fleet Maintenance Fund, as such the Public Works/Fleet Maintenance requests Commission's review, evaluation and approval to sell the surplus vehicles/equipment. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The disposal of obsolete, damaged and surplus vehicles and equipment reduces the need for storage and excessive maintenance and repairs and allows the Finance Department to remove the items from the City's fixed asset records. FISCAL IMPACT: Budgeted The revenue generated from the sale of surplus vehicles and equipment will be placed in the Fleet Maintenance Fund, and credited to revenue account#501-0000-365-01-00. The funds are used for the future procurement of vehicles and equipment. ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 378 of 665 Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Various Vendors START DATE: END DATE: CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type Description D Attachment Vehicle Surplus List May 2018 Page 379 of 665 a y O 0 O O O O O O O O O p w O w O O O O O O C O .0 U o 0 0 � 0 0 0 0 0 c OR o OR 0 0 0 0 0 0 c 0n o o R Cl) h CO 00 W) r r r op Cl) 00 Cl) CO CO W W W 00 v ^ q c l� N 00 T T r h N N N le W) — W) N N N N N CO — w n •— S'. h 00 W n m m CA I.- cD h cD CA CA CA CA CA N pp I N -a O — w O O .4 W WI-- O I-- W) W) W) W) W) r w O! Cl) Cl) N N N N N N N N r M — — — — — — N i. 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A O p O co00 O N M M O 't O M M ',x', O %0 %0 O p .74 > W oxi F F F CO N � N 00 co n n n M coW GN4 GN4 A C3 Gn4 dC dC dC pnIn co In, fA C3 fA in in in in fA 07 90 90 M .� .� N N N 10 10 10 N N N N N N N N a+ O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a a a a a a a a a a a a a a a a a a a a a A LO 4- 0 co (Y) (1) c� a 6.1. CONSENTAGENDA 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 REQUESTED ACTION BY COMMISSION: Authorize utilizing the U.S. General Services Administration (GSA) Contract GS-35F-408AA with e-Builder, I nc. for annual renewal of licenses in the amount of$48,120 for the centralized Capital Project Management Software system used in the Utility Department. The City's procurement policies allows the use of GSA contracts. EXPLANATION OF REQUEST: GSA Contract Period: May 31, 2013 - May 30, 2023 On February 16, 2016, the City Commission approved an agreement with e-Builder, Inc. for Capital Project Management Software. e-Builder is a suite of software packages that handle every aspect of project management from the position of the buyer, unlike most project management systems that are dedicated to the contractors and engineers. The e-Builder Enterprise Suite is comprised of the following elements; Capital Planning Cost and Funding Management Structured Workflow Schedule Management Bid Management Integrated Reporting Because every project is handled within the one system, the entire utility capital plan progression is reviewed and monitored in one place both in terms of progress in the field to examining the complete financial picture. This provides senior management with the ability to allocate resources appropriately to ensure that projects are completed on time and within budget. The software licensing enables multiple users within Utilities along with contractors and other City departments to utilize the system. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The e-Builder system ensures a structured, centralized project management system which provides improved cost and time control of the Utility Capital Improvement Plan. It is used extensively by the Utility to manage all of their projects. FISCAL IMPACT: Budgeted ALTERNATIVES: Not to proceed with the annual renewal from e-Builder, and revert to managing by paper. This is not recommended since there are active projects ongoing in the system and it would need to be replaced with another system in order to maintain project management efficiency STRATEGIC PLAN: Page 382 of 665 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum GSA Contract D Addendum e-Builder Invoice Page 383 of 665 n I,- Buil.d.en.oO. U.S.Ge,neral Services Administration Construction Program Management Softwarez GENERAL SERVICES ADMINISTRATION FEDERAL SUPPLY SERVICE AUTHORIZED FEDERAL SUPPLY SCHEDULE PRICE LIST On-line access to contract ordering information, terms and conditions, up-to-date pricing, and the option to create an electronic delivery order are available through GSA Advantage!, a menu-driven database system. The Internet address for GSA Advantage!is:http.//www.gsaadvantage.gov WORLDWIDE FEDERAL SUPPLY SCHEDULE CONTRACT SCHEDULE TITLE: GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT, SOFTWARE, AND SERVICES FSC GROUP: 70 CONTRACT NUMBER: GS-35F-408AA PERIOD COVERED BY CONTRACT: May 31, 2013 to May 30, 2023 e-Builder, Inc. 1800 NW 69th Ave, Suite 201 Fort Lauderdale, FL 33313 (P) 954-513-3105 (F) 954-792-5949 http://www.e-Builder.net Contractor's Administration Source: ipraytherp_e-builder.net Modification #0007, dated 02/07/17 Business Size: Other than Small DUNS: 933695785 For more information on ordering from Federal Supply Schedules click on the FSS Schedules button at http://www.fss.gsa.gov. OVERVIEW Company Background e-Builder is the leading provider of fully integrated, cloud-based construction program management software for top facility owners and organizations that act on their behalf. The company's flagship product, e-Builder Enterprise, improves capital project execution resulting in increased productivity and quality, reduced cost, and faster project delivery. Since 1995, e- Builder's technology leadership and construction industry focus has provided thousands of global companies, government agencies, and healthcare and educational institutions managing billions of dollars in capital programs with solutions to improve the plan, build and operate lifecycle. The company is privately held and headquartered in Fort Lauderdale, Florida. Earned Prestige and Trust e-Builder is trusted by many of the largest facility Owners and Program Managers managing capital construction project portfolios in excess of$100 billion to provide a reliable, cost effective and flexible platform for strategically managing cost, schedule and scope information from planning to occupancy. e-Builder provides these organizations with an auditable control mechanism to meet today's regulatory requirements. Accessible and Responsive Team e-Builder prides itself in being accessible to our clients and responding to their needs as part of our product roadmap definition. More than 75% of our enhancement requests come from clients. e-Builder's leadership team is available to address issues or concerns quickly. Experience in the Construction Industry Our team consists of seasoned experts with vast experience implementing our software throughout the world. The e-Builder team is experienced in the development, implementation, deployment, training and support of complex construction program management systems. We do not subcontract these functions. Our direct experience affords us a unique understanding of what it takes to deliver a successful implementation and results in our clients achieving their stated goals. e-Builder's focus and experience has always been on the construction industry, as opposed to generic project management systems. We have not ventured, nor do we plan to venture, outside of this space. e-Builder Enterprise TM Product Overview e-Builder Enterprise is a fully integrated cloud-based construction program management software system for owners managing capital projects. The system is designed to address the specific needs of these owners from planning stages through occupancy or operation. e-Builder Enterprise connects all of the internal and external stakeholders to efficiently manage documents, schedule, and communications across all of the projects in the organization. Developed and continuously refined since 1995 with input from thousands of users, e-Builder Enterprise is the most innovative, functionally-rich and easiest-to-use construction program management software system of its kind. Whether you are managing a single project, multiple projects, or multiple programs each with several projects, e-Builder Enterprise provides one integrated system to manage the cost, schedule and scope of each project as it moves from planning to occupancy. The system is modular, and entirely accessible and configurable via the Internet making it the fastest system to deploy. More than 5,000 companies and government agencies involved in capital construction planning, design, construction and operations leverage e-Builder to improve capital project execution. The results are increased productivity, accountability, and much tighter control over costs and schedule, which ultimately reduces costs and speeds time to market. Page 385 of 665 61 fiFr+* i 1 a. TABLE OF AWARDED SPECIAL ITEM NUMBERS (SINs) SIN 132-51: Information Technology (IT) Professional Services SIN 132-52: Electronic Commerce and Subscription Services 1 b. LOWEST PRICED MODEL NUMBER AND PRICE FOR EACH SIN: See attached Proposed Pricelist 1c. HOURLY RATES (Services Only): See attached proposed pricelist 2. MAXIMUM ORDER*: SIN 132-51: $500,000 SIN 132-52: $500,000 *If the "best value"selection places your order over this Maximum Order identified in this catalog/pricelist, you have an opportunity to obtain a better schedule contract price. Before placing your order, contact the aforementioned contractor for a better price. The contractor may (1) offer a new price for this requirement; (2) offer the lowest price available under this contract; or(3) decline the order. A delivery order that exceeds the maximum order may be placed under the Schedule contract in accordance with FAR 8.404 3. MIMINUM ORDER: $100 4. GEOGRAPHIC COVERAGE: Domestic Delivery 5. POINT(S) OF PRODUCTION: 1800 NW 69th Ave STE 201 Fort Lauderdale, FL 33313 6. DISCOUNT FROM LIST PRICES: Net GSA pricing is listed in the attached pricing table 7. QUANTITY DISCOUNT(S): Additional 1% discount on single task orders over$250,000 8. PROMPT PAYMENT TERMS: 0%, Net 30 Days 9a. Government purchase cards are accepted at or below the micro-purchase threshold 9b. Government purchase cards are not accepted above the micro-purchase threshold 10. FOREIGN ITEMS: None 11 a. TIME OF DELIVERY: To be negotiated at the task order level 11 b. EXPEDITED DELIVERY: To be negotiated at the task order level 11 c. OVERNIGHT AND 2-DAY DELIVERY: To be negotiated at the task order level 11 d. URGENT REQUIREMENTS: Customers are encouraged to contact the contractor for the purpose of requesting accelerated delivery 12. FOB POINT: Destination Page 386 of 665 13a. ORDERING ADDRESS: e-Builder, Inc. 1800 NW 69th Avenue Suite 201 Plantation, FL 33313 (P) 954-513-3105 (F) 954-792-5949 13b. ORDERING PROCEDURES: For supplies and services, the ordering procedures, information on Blanket Purchase Agreements (BPA's) are found in FAR 8.405-3 14. PAYMENT ADDRESS: e-Builder, Inc. 1800 NW 69th Avenue Suite 201 Plantation, FL 33313 (P) 954-513-3105 (F) 954-792-5949 15. WARRANTY PROVISION: Refer to e-Builder, Inc.'s Service Agreement 16. EXPORT PACKING CHARGES: N/A 17. TERMS AND CONDITIONS OF GOVERNMENT PURCHASE CARD ACCEPTANCE: Accepted at, below, and above the micro-purchase threshold. 18. TERMS AND CONDITIONS OF RENTAL, MAINTENANCE,AND REPAIR (if applicable). N/A 19. TERMS AND CONDITIONS OF INSTALLATION (IF APPLICABLE): N/A 20. TERMS AND CONDITIONS OF REPAIR PARTS INDICATING DATE OF PARTS PRICE LISTS AND ANY DISCOUNTS FROM LIST PRICES (IF AVAILABLE): N/A 20a. TERMS AND CONDITIONS FOR ANY OTHER SERVICES (IF APPLICABLE): N/A 21. LIST OF SERVICE AND DISTRIBUTION POINTS (IF APPLICABLE): N/A 22. LIST OF PARTICIPATING DEALERS (IF APPLICABLE): N/A 23. PREVENTIVE MAINTENANCE (IF APPLICABLE): N/A 24a. SPECIAL ATTRIBUITES SUCH AS ENVIRONMENTAL ATTRIBUTES (e.g. recycled content, energy efficiency, and/or reduced pollutants): N/A 24b. Section 508 Compliance for EIT: as applicable 25. DUNS NUMBER: 933695785 26. NOTIFICATION REGARDING REGISTRATION IN SYSTEM FOR AWARD MANAGEMENT (SAM) DATABASE: Active in SAM, CAGE Code 1XMU0 Page 387 of 665 TERMS AND CONDITIONS APPLICABLE TO INFORMATION TECHNOLOGY(IT) PROFESSIONAL SERVICES (SPECIAL ITEM NUMBER 132-51) 1. SCOPE a. The prices, terms and conditions stated under Special Item Number 132-51 Information Technology Professional Services apply exclusively to IT Professional Services within the scope of this Information Technology Schedule. b. The Contractor shall provide services at the Contractor's facility and/or at the ordering activity location, as agreed to by the Contractor and the ordering activity. 2. PERFORMANCE INCENTIVES I-FSS-60 Performance Incentives (April 2000) a. Performance incentives may be agreed upon between the Contractor and the ordering activity on individual fixed price orders or Blanket Purchase Agreements under this contract. b. The ordering activity must establish a maximum performance incentive price for these services and/or total solutions on individual orders or Blanket Purchase Agreements. C. Incentives should be designed to relate results achieved by the contractor to specified targets. To the maximum extent practicable, ordering activities shall consider establishing incentives where performance is critical to the ordering activity's mission and incentives are likely to motivate the contractor. Incentives shall be based on objectively measurable tasks. 3. ORDER a. Agencies may use written orders, EDI orders, blanket purchase agreements, individual purchase orders, or task orders for ordering services under this contract. Blanket Purchase Agreements shall not extend beyond the end of the contract period; all services and delivery shall be made and the contract terms and conditions shall continue in effect until the completion of the order. Orders for tasks which extend beyond the fiscal year for which funds are available shall include FAR 52.232-19 (Deviation — May 2003) Availability of Funds for the Next Fiscal Year. The purchase order shall specify the availability of funds and the period for which funds are available. b. All task orders are subject to the terms and conditions of the contract. In the event of conflict between a task order and the contract, the contract will take precedence. 4. PERFORMANCE OF SERVICES a. The Contractor shall commence performance of services on the date agreed to by the Contractor and the ordering activity. b. The Contractor agrees to render services only during normal working hours, unless otherwise agreed to by the Contractor and the ordering activity. C. The ordering activity should include the criteria for satisfactory completion for each task in the Statement of Work or Delivery Order. Services shall be completed in a good and workmanlike manner. d. Any Contractor travel required in the performance of IT Services must comply with the Federal Travel Regulation or Joint Travel Regulations, as applicable, in effect on the date(s) the Page 388 of 665 travel is performed. Established Federal Government per diem rates will apply to all Contractor travel. Contractors cannot use GSA city pair contracts. 5. STOP-WORK ORDER (FAR 52.242-15) (AUG 1989) (a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either- (1) Cancel the stop-work order; or (2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract. (b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if- (1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and (2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract. (c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement. (d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order. 6. INSPECTION OF SERVICES In accordance with FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAR 2009) (DEVIATION I - FEB 2007) for Firm-Fixed Price orders and FAR 52.212- 4 CONTRACT TERMS AND CONDITIONS []COMMERCIAL ITEMS (MAR 2009) (ALTERNATE I ❑❑OCT 2008) (DEVIATION I — FEB 2007) applies to Time-and-Materials and Labor-Hour Contracts orders placed under this contract. Page 389 of 665 7. RESPONSIBILITIES OF THE CONTRACTOR The Contractor shall comply with all laws, ordinances, and regulations (Federal, State, City, or otherwise) covering work of this character. If the end product of a task order is software, then FAR 52.227-14 (Dec 2007) Rights in Data—General, may apply. 8. RESPONSIBILITIES OF THE ORDERING ACTIVITY Subject to security regulations, the ordering activity shall permit Contractor access to all facilities necessary to perform the requisite IT Professional Services. 9. INDEPENDENT CONTRACTOR All IT Professional Services performed by the Contractor under the terms of this contract shall be as an independent Contractor, and not as an agent or employee of the ordering activity. 10. ORGANIZATIONAL CONFLICTS OF INTEREST a. Definitions. "Contractor' means the person, firm, unincorporated association, joint venture, partnership, or corporation that is a party to this contract. "Contractor and its affiliates" and "Contractor or its affiliates" refers to the Contractor, its chief executives, directors, officers, subsidiaries, affiliates, subcontractors at any tier, and consultants and any joint venture involving the Contractor, any entity into or with which the Contractor subsequently merges or affiliates, or any other successor or assignee of the Contractor. An "Organizational conflict of interest" exists when the nature of the work to be performed under a proposed ordering activity contract, without some restriction on ordering activities by the Contractor and its affiliates, may either (i) result in an unfair competitive advantage to the Contractor or its affiliates or (ii) impair the Contractor's or its affiliates' objectivity in performing contract work. b. To avoid an organizational or financial conflict of interest and to avoid prejudicing the best interests of the ordering activity, ordering activities may place restrictions on the Contractors, its affiliates, chief executives, directors, subsidiaries and subcontractors at any tier when placing orders against schedule contracts. Such restrictions shall be consistent with FAR 9.505 and shall be designed to avoid, neutralize, or mitigate organizational conflicts of interest that might otherwise exist in situations related to individual orders placed against the schedule contract. Examples of situations, which may require restrictions, are provided at FAR 9.508. 11. INVOICES The Contractor, upon completion of the work ordered, shall submit invoices for IT Professional services. Progress payments may be authorized by the ordering activity on individual orders if appropriate. Progress payments shall be based upon completion of defined milestones or interim products. Invoices shall be submitted monthly for recurring services performed during the preceding month. Page 390 of 665 12. PAYMENTS For firm-fixed price orders the ordering activity shall pay the Contractor, upon submission of proper invoices or vouchers, the prices stipulated in this contract for service rendered and accepted. Progress payments shall be made only when authorized by the order. For time-and-materials orders, the Payments under Time-and-Materials and Labor-Hour Contracts at FAR 52.212-4 (MAR 2009) (ALTERNATE I –OCT 2008) (DEVIATION I – FEB 2007) applies to time-and-materials orders placed under this contract. For labor-hour orders, the Payment under Time-and-Materials and Labor-Hour Contracts at FAR 52.212-4 (MAR 2009) (ALTERNATE I –OCT 2008) (DEVIATION I – FEB 2007) applies to labor-hour orders placed under this contract. 52.216-31(Feb 2007) Time-and-Materials/Labor-Hour Proposal Requirements—Commercial Item Acquisition As prescribed in 16.601(e)(3), insert the following provision: (a) The Government contemplates award of a Time-and-Materials or Labor-Hour type of contract resulting from this solicitation. (b) The offeror must specify fixed hourly rates in its offer that include wages, overhead, general and administrative expenses, and profit. The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by— (1) The offeror; (2) Subcontractors; and/or (3) Divisions, subsidiaries, or affiliates of the offeror under a common control. 13. RESUMES Resumes shall be provided to the GSA Contracting Officer or the user ordering activity upon request. 14. INCIDENTAL SUPPORT COSTS Incidental support costs are available outside the scope of this contract. The costs will be negotiated separately with the ordering activity in accordance with the guidelines set forth in the FAR. 15. APPROVAL OF SUBCONTRACTS The ordering activity may require that the Contractor receive, from the ordering activity's Contracting Officer, written consent before placing any subcontract for furnishing any of the work called for in a task order. 16. DESCRIPTION OF IT PROFESSIONAL SERVICES AND PRICING a. The Contractor shall provide a description of each type of IT Service offered under Special Item Numbers 132-51 IT Professional Services should be presented in the same manner as the Contractor sells to its commercial and other ordering activity customers. If the Contractor is proposing hourly rates, a description of all corresponding commercial job titles (labor categories) for those individuals who will perform the service should be provided. Page 391 of 665 b. Pricing for all IT Professional Services shall be in accordance with the Contractor's customary commercial practices; e.g., hourly rates, monthly rates, term rates, and/or fixed prices, minimum general experience and minimum education. The following is an example of the manner in which the description of a commercial job title should be presented: EXAMPLE: Commercial Job Title: System Engineer Minimum/General Experience: Three (3) years of technical experience which applies to systems analysis and design techniques for complex computer systems. Requires competence in all phases of systems analysis techniques, concepts and methods; also requires knowledge of available hardware, system software, input/output devices, structure and management practices. Functional Responsibility: Guides users in formulating requirements, advises alternative approaches, conducts feasibility studies. Minimum Education: Bachelor's Degree in Computer Science Page 392 of 665 TERMS AND CONDITIONS APPLICABLE TO ' ELECTRONIC COMMERCE AND SUBSCRIPTION SERVICES (SPECIAL IDENTIFICATION NUMBER 132-52) 1. SCOPE The prices, terms and conditions stated under Special Item Number 132-52 Electronic Commerce (EC) Services apply exclusively to EC Services within the scope of this Information Technology Schedule. 2. ELECTRONIC COMMERCE CAPACITY AND COVERAGE The Ordering Activity shall specify the capacity and coverage required as part of the initial requirement. 3. INFORMATION ASSURANCE a. The Ordering Activity is responsible for ensuring to the maximum extent practicable that each requirement issued is in compliance with the Federal Information Security Management Act (FISMA) b. The Ordering Activity shall assign an impact level (per Federal Information Processing Standards Publication 199 & 200 (FI PS 199, "Standards for Security Categorization of Federal Information and Information Systems') (FIPS 200, "Minimum Security Requirements for Federal Information and Information Systems") prior to issuing the initial statement of work. Evaluations shall consider the extent to which each proposed service accommodates the necessary security controls based upon the assigned impact level. The Contractor awarded SIN 132-52 is capable of meeting at least the minimum security requirements assigned against a low-impact information system (per FIPS 200). c. The Ordering Activity reserves the right to independently evaluate, audit, and verify the FISMA compliance for any proposed or awarded Electronic Commerce services. All FISMA certification, accreditation, and evaluation activities are the responsibility of the ordering activity. 4 DELIVERY SCHEDULE. The Ordering Activity shall specify the delivery schedule as part of the initial requirement. The Delivery Schedule options are found in Information for Ordering Activities Applicable to All Special Item Numbers, paragraph 6. Delivery Schedule. 5. INTEROPERABILITY. When an Ordering Activity requires interoperability, this requirement shall be included as part of the initial requirement. Interfaces may be identified as interoperable on the basis of participation in a sponsored program acceptable to the Ordering Activity. Any such access or interoperability with teleports/gateways and provisioning of enterprise service access will be defined in the individual requirement. Page 393 of 665 6. ORDER a. Agencies may use written orders, EDI orders, blanket purchase agreements, individual purchase orders, or task orders for ordering electronic services under this contract. Blanket Purchase Agreements shall not extend beyond the end of the contract period; all electronic services and delivery shall be made and the contract terms and conditions shall continue in effect until the completion of the order. Orders for tasks which extend beyond the fiscal year for which funds are available shall include FAR 52.232-19 (Deviation — May 2003) Availability of Funds for the Next Fiscal Year. The purchase order shall specify the availability of funds and the period for which funds are available. b. All task orders are subject to the terms and conditions of the contract. In the event of conflict between a task order and the contract, the contract will take precedence. 7. PERFORMANCE OF ELECTRONIC SERVICES The Contractor shall provide electronic services on the date agreed to by the Contractor and the ordering activity. 8. RESPONSIBILITIES OF THE CONTRACTOR The Contractor shall comply with all laws, ordinances, and regulations (Federal, State, City, or otherwise) covering work of this character. 9. RIGHTS IN DATA The Contractor shall comply FAR 52.227-14 RIGHTS IN DATA— GENERAL and with all laws, ordinances, and regulations (Federal, State, City, or otherwise) covering work of this character. 10. ACCEPTANCE TESTING If requested by the ordering activity the Contractor shall provide acceptance test plans and procedures for ordering activity approval. The Contractor shall perform acceptance testing of the systems for ordering activity approval in accordance with the approved test procedures. 11. WARRANTY The Contractor shall provide a warranty covering each Contractor-provided electronic commerce service. The minimum duration of the warranty shall be the duration of the manufacturer's commercial warranty for the item listed below: Refer to Service Agreement The warranty shall commence upon the later of the following: a. Activation of the user's service b. Installation/delivery of the equipment Page 394 of 665 The Contractor, by repair or replacement of the defective item, shall complete all warranty services within five working days of notification of the defect. Warranty service shall be deemed complete when the user has possession of the repaired or replaced item. If the Contractor renders warranty service by replacement, the user shall return the defective item(s) to the Contractor as soon as possible but not later than ten (10) working days after notification. 12. MANAGEMENT AND OPERATIONS PRICING The Contractor shall provide management and operations pricing on a uniform basis. All management and operations requirements for which pricing elements are not specified shall be provided as part of the basic service. 13. TRAINING The Contractor shall provide normal commercial installation, operation, maintenance, and engineering interface training on the system. If there is a separate charge, indicate below: Refer to Pricelist 14. MONTHLY REPORTS In accordance with commercial practices, the Contractor may furnish the ordering activity/user with a monthly summary ordering activity report. 14. ELECTRONIC COMMERCE SERVICE PLAN (a) Describe the electronic service plan and eligibility requirements. Refer to Pricelist (b) Describe charges, if any, for additional usage guidelines. Refer to Pricelist (c) Describe corporate volume discounts and eligibility requirements, if any. Refer to Pricelist Page 395 of 665 E-BUILDER SERVICE AGREEMENT e-Builder,Inc.whose address is 1800 NW 69th Avenue, Suite 201,Plantation,FL 33313 ("e-Builder")and Ordering Activity,as defined in GSA Order ADM4800.2G and as revised from time to time ("Customer"), enter into this e-Builder Service Agreement(the"Service Agreement'). In the event of a conflict between any terms and conditions in this Service Agreement and the terms and conditions of the GSA Schedule 70 contract,the terms and conditions of the Schedule 70 contract shall control. The work to be performed for an"Ordering Activity"may be contained in one or more"Task Orders." 1. TERM. This Agreement shall continue for the period purchased by the Ordering Activity as set forth in the relevant task order. 2 SERVICES. 2.1 Services. e-Builder agrees to provide the services described in the relevant Task Order(the"Services")to Customer subject to the terms and conditions of this Agreement, in consideration for the payments set out therein. Customer acknowledges that e-Builder Enterprise"software may be modified or upgraded from time to time,and that"Services" and `Customer Support' provided to Customer shall only include the use of the most recent version of e-Builder Enterprise'. 2.2 License of Software. Customer's right to use the Services (including,without limitation,the limited license to use e- Builder Enterprise software), is limited to the restrictions contained herein, including those related to the number of users,projects,annual capital program expenditures and/or period of use.The Customer acknowledges that title to and copyright in the software applications supplied by e-Builder (including e-Builder Enterprise) are reserved by e- Builder.Customer acquires no right in any software,copyrights,patents or any other intellectual property belonging to or licensed by e-Builder, other than the specific limited rights to the Services. e-Builder is and shall remain the sole owner of all copyrights,trademarks,patents and other proprietary rights in and to all aspects of the Services(including, without limitation,all software,code and designs used in providing the Services). 3. 4. WARRANTIES 4.1 Representations. Customer represents, warrants and covenants the following to e-Builder: (i) Customer currently possesses all necessary licenses,permits, insurance and approvals required validly to execute, deliver and perform its duties under this Agreement and is qualified to do business in all jurisdictions where such qualification is required for Customer's performance of its duties under this Agreement,(ii)To the best of its knowledge and ability,Customer will comply with, and will use its best efforts to cause each subcontractor it may engage to comply with all applicable federal and state laws and regulations in performing its and their respective responsibilities under this Agreement and any subcontracts,and(iii)No information provided to e-Builder or disseminated through its software or systems shall infringe on or violate any trademark,copyright,trade secret,right of publicity or privacy (including but not limited to defamation),patent or other proprietary right of any third party. 4.2 Disclaimer of Warranty and Limitations of Liability. E-BUILDER DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM E-BUILDER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES,ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH E-BUILDER WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, E-BUILDER CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, E-BUILDER DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. EXCEPT FOR THE WARRANTIES SPECIFICALLY AND EXPRESSLY MADE HEREIN AND ANY WARRANTIES SPECIFICALLY PROVIDED IN THE GSA SCHEDULE 70 CONTRACT, E-BUILDER MAKES NO WARRANTIES EITHER EXPRESS OR IMPLIED,AND ALL SUCH WARRANTIES ARE DISCLAIMED. FOR ANY ONE OR MORE BREACH OF THIS AGREEMENT OR DEFAULT HEREUNDER, THE ENTIRE LIABILITY OF THE PARTY IN BREACH OR DEFAULT,AND THE EXCLUSIVE REMEDY OF THE OTHER PARTY,SHALL BE PAYMENT OF THE ACTUAL DAMAGES PROXIMATELY CAUSED BY SUCH BREACH OR DEFAULT, WHICH SHALL NOT EXCEED THE AMOUNT OF ONE (1) MONTH'S FEES PAID BY CUSTOMER HEREUNDER. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOSSES, OR EXPENSES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT. THESE LIMITATIONS ON THE LIABILITY OF EITHER PARTY SHALL APPLY TO ANY AND ALL CAUSES OF ACTION THAT EITHER PARTY MAY HAVE AGAINST THE OTHER, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION UNDERLYING A CLAIM, DEMAND OR Page 396 of 665 ACTION, INCLUDING, WITHOUT LIMITATION, WHETHER IT SOUNDS IN CONTRACT OR TORT, BUT SHALL NOT APPLY TO OR LIMIT SUMS DUE HEREUNDER TO E-BUILDER FOR SERVICES. This clause shall not impair the U.S. Government's right to recover for fraud or crimes arising out of or related to this Contract under any federal fraud statute,including the False Claims Act,31 U.S.C. §§3729-3733. Furthermore,this clause shall not impair nor prejudice the U.S. Government's right to express remedies provided in the GSA Schedule 70 contract (e.g., clause 552.238-75 — Price Reductions, clause 52.212-4(h) — Patent Indemnification, and GSAR 552.215-72 — Price Adjustment—Failure to Provide Accurate Information). 4.3 Indemnity. e-Builder agrees to indemnify and hold harmless the Customer(for services rendered under a Task Order, as applicable), , its officers, directors, employees or agents from and against any claims made upon it by any third party,arising out of information or software provided by it or actions of its employees,agents or invitees. 5. AUDIT RIGHTS. e-Builder will have the right, during normal business hours and upon at least five (5) days prior written notice,to have an independent audit firm selected by e-Builder audit Customer's records relating to Customer's activities pursuant to this Service Agreement in order to verify that Customer has complied with the terms of this Agreement Such audits will be conducted no more than once in any period of twelve(12)consecutive months,and e- Builder will adhere to any security measures required by the Ordering Activity. 6. CONFIDENTIALITY.Confidential Information refers to all nonpublic information provided by one party to the other, but it does not include this Service Agreement. The Parties agree that,except to the extent necessary to implement the terms and conditions of this Agreement,when authorized in writing by the other Party or when otherwise required by law: (i)each Party will preserve and protect the confidentiality of the other Party's Confidential Information;(ii)neither Party will disclose to any third party the existence, source, content or substance of the other Party's Confidential Information,or make copies of such Confidential Information except as required by this Agreement; (iii)neither Party will deliver the other Party's Confidential Information to any third party, or permit such information to be removed from the premises of the Party receiving such information; and (iv) each Party shall advise any of its employees or agents working on or having access to the other Party's Confidential Information of the confidentiality of such information. 7. MISCELLANEOUS 7.1 Governinz Law and Venue. This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the United States. 7.2 Notices. All notices required or permitted to be sent pursuant to this Agreement shall,unless otherwise specifically provided,be in writing and shall be deemed given when delivered personally or by facsimile,overnight air courier or certified mail(postage prepaid,return receipt requested),to the addresses shown above or such other substitute address designated in writing. 7.3 Force Maieure. Notwithstanding any other provision of this Agreement,if by reason of Force Majeure,any Party is unable to perform certain of its obligations under this Agreement it shall be automatically relieved of those obligations to the extent,and for the period of time,that such Party is prevented from meeting them by Force Majeure. E-BUILDER,INC. "Customer" By: By: Title: Title: Date: Date: Page 397 of 665 e-Builder,Inc. Awarded GSA Pricelist Labor Awarded Net SIN Functional Responsibility Years of Experience' Educational Requirements UOI Category GSA Price As primary point of contact for the customer,the Project Manager is proficient in the latest hardware,software,and Bachelor's degree in a business network technologies.Directs completion of complex At least six years of technical experience or technical field such as information technology tasks within estimated timeframe and with computer and network system Information Technology, 132-51 Project Manager budget constraints,while oversees all project work.Schedules architecture within a variety of Information Engineering,or ComputerT $ 167.51 Hourly Technology environments.Position requires Science.In lieu of Bachelor's and assigns duties to subordinates and subcontractors and excellent oral and written communications degree,six years relevant ensures assignments are completed as directed.Enforces work kills,with the ability to multi-task experience and/or technical standards and reviews/resolves work discrepancies to ensure certificates may be substituted. compliance with scope requirements. Demonstrated ability to provide guidance and direction for specific sub-tasks of a project.The Senior Project Manager is proficient in the latest hardware,software,and network technologies and acts as the overall lead,manager and administrator for the effort.Serves as the primary interface and point of contact with program authorities and representatives on technical and program/project issues.Leads team on large A Bachelors Degree in a complex projects of significance.Ceates innovation solutions Eight years of management and supervisory business or technical field such for complex projects scheduling,technology,methodology, experience with computer and network as Information Technology, tools,and solution components.Provides systems analysis and system architecture within a variety of 132-51 Senior Project programming activities for a customer site,facility or multiple Information Technology environments. Engineering,or Computer $ 263.22 Hourly Manager locations.Prepares plans for application selection,systems Position requires excellent oral and written Science.In lieu of a Bachelors development,systems maintenance,and production activities communication skills,with the ability to degree,six years of relevant and for necessary support resources.Supervises multi-task. work experience can be program/project operations by developing procedures,planning substituted. and directing execution of the technical programming, maintenance and administrative support effort and monitoring and reporting progress.Manages acquisition and employment of program/project resources.Manages and controls financial and administrative aspects of the program/project with respect to contract requirements.Responsible for all aspects of project. Serves as interface and point of contact with program A Bachelors Degree in a authorities and representatives on technical and project issues. business or technical field such Plays a major part in program/project operations by developing Four years of experience in IT related as Information Technology, procedures,planning and directing execution of the technical business and consulting.Position requires Engineering,or Computer 132-51 Consultant programming,maintenance and administrative support effort excellent oral and written communication Science.In lieu of a Bachelors $ 215.37 Hourly and monitoring and reporting progress.Reports on acquisition skills,with the ability to multi-task. degree,six years of relevant and employment of program/project resources to Project work experience can be Managers. substituted. e-Builder,Inc. GS-35F-408AA 15 173--- 'ono _F CCG GSA SIN MFR MFR PART NO PRODUCT DESCRIPTION UOI PRICE Warranty COO 132-52 e-Builder EB-ENT E-Builder Enterprise Platform which includes up to 15 named Up to 15 users/per year $ 21,916.62 Standard US users. One year subscription license. Warranty Additional e-Builder Enterprise user licenses(above the 15 users Standard 132-52 e-Builder EB-ADDL included with the Enterprise Platform). One year subscription Per User/Per Year $ 1,461.11 Warranty US license.Price per user per year. e-Builder Enterprise Government Edition which includes core 132-52 e-Builder eB-Ent-Gov-15-Named platform and up to 15 named users.One year subscription license Platform with up to 15 $ 24,876.80 Standard US with auto renewal. Includes e-Builder Enterprise 15 named, users/year Warranty Business Intelligence Add-on,Sandbox,oData API,and BIM e-Builder Enterprise Government Edition hosted on AWS GovCloud(ITAR&Fed RAMP compliant)which includes core eB-Ent-Gov-15-Named(on platform and up to 15 named users.One year subscription license Platform with up to 15 Standard 132-52 e-Builder AWS GovCloud) with auto renewal. Includes e-Builder Enterprise 15 named,AWS users/year $ 31,523.27 Warranty US GovCloud Hosting,Business Intelligence Add-on,Sandbox,oData API,and BIM e-Builder Enterprise Government Edition which includes core 132-52 e-Builder eB-Ent-Gov-50-Named platform and up to 50 named users.One year subscription license Platform with up to 50 $ 62,192.00 Standard US with auto renewal. Includes e-Builder Enterprise 50 named, users/year Warranty Business Intelligence Add-on,Sandbox,oData API,and BIM e-Builder Enterprise Government Edition hosted on AWS GovCloud(ITAR&Fed RAMP compliant)which includes core eB-Ent-Gov-50-Named(on platform and up to 50 named users.One year subscription license Platform with up to 50 Standard 132-52 e-Builder AWS GovCloud) with auto renewal. Includes e-Builder Enterprise 50 named,AWS users/year $ 78,808.19 Warranty US GovCloud Hosting,Business Intelligence Add-on,Sandbox,oData API,and BIM e-Builder Enterprise Government Edition which includes core platform and unlimited users for capital programs up to$20 million Platform with unlimited 132-52 e-Builder Capital a Ent-Gov-20M- USD.One year subscription license with auto renewal. Includes e-users for up to$20 $ 44,459.49 Standard US pitalProgram Builder Enterprise 20M Capital Program,Business Intelligence million in capital program Warranty Add-on,Sandbox,oData API,and BIM e-Builder Enterprise Government Edition hosted on AWS GovCloud(ITAR&Fed RAMP compliant)which includes core eB-Ent-Gov-20M- Platform with unlimited platform and unlimited users for capital programs up to$20 million Standard 132-52 e-Builder Capital Program(on AWS users for up to$20 $ 56,337.97 US GovCloud) USD.One year subscription license with auto renewal. Includes e-million in capital program Warranty Builder Enterprise 20M Capital Program,AWS GovCloud Hosting, Business Intelligence Add-on,Sandbox,oData API,and BIM e-Builder Enterprise Government Edition which includes core platform and unlimited users for capital programs up to$50 million Platform with unlimited 132-52 e-Builder Capital a Ent-Gov-50M- USD.One year subscription license with auto renewal. Includes e-users for up to$50 $ 90,249.43 Standard US pitalProgram Builder Enterprise 50M Capital Program,Business Intelligence million in capital program Warranty Add-on,Sandbox,oData API,and BIM e-Builder,Inc. Page 399 of 66 GSA SIN MFR MFRPARTNO PRODUCT DESCRIPTION UOI PRICE Warranty COO 1 e-Builder Enterprise Government Edition hosted on AWS GovCloud(ITAR&Fed RAMP compliant)which includes core eB-Ent-Gov-50M- Platform with unlimited platform and unlimited users for capital programs up to$50 million Standard 132-52 e-Builder Capital Program(on AWS users for up to$50 $ 114,361.87 US GovCloud) USD.One year subscription license with auto renewal. Includes e-million in capital program Warranty Builder Enterprise 50M Capital Program,AWS GovCloud Hosting, Business Intelligence Add-on,Sandbox,oData API,and BIM e-Builder Enterprise Government Edition which includes core platform and unlimited users for capital programs up to$300 Platform with unlimited 132-52 e-Builder Capital million USD.One year subscription license with auto renewal. users for up to$300 $ 217,086.47 Standard aUS pital_Proram Includes e-Builder Enterprise 300M Capital Program,Business million in capital program Warranty Intelligence Add-on,Sandbox,oData API,and BIM e-Builder Enterprise Government Edition hosted on AWS GovCloud(ITAR&Fed RAMP compliant)which includes core eB-Ent-Gov-300M- platform and unlimited users for capital programs up to$300 Platform with unlimited Standard 132-52 e-Builder Capital_Program(on AWS million USD.One year subscription license with auto renewal. users for up to$300 $ 275,086.67 US GovCloud) Includes e-Builder Enterprise 300M Capital Program,AWS million in capital program Warranty GovCloud Hosting,Business Intelligence Add-on,Sandbox,oData API,and BIM e-Builder Enterprise Government Edition which includes core platform and unlimited users for capital programs up to$500 Platform with unlimited 132-52 e-Builder Capital million USD.One year subscription license with auto renewal. users for up to$500 $ 289,707.32 Standard aUS pital_Proram Includes e-Builder Enterprise 500M Capital Program,Business million in capital program Warranty Intelligence Add-on,Sandbox,oData API,and BIM e-Builder Enterprise Government Edition hosted on AWS GovCloud(ITAR&Fed RAMP compliant)which includes core eB-Ent-Gov-500M- platform and unlimited users for capital programs up to$500 Platform with unlimited Standard 132-52 e-Builder Capital_Program(on AWS million USD.One year subscription license with auto renewal. users for up to$500 $ 367,110.05 US GovCloud) Includes e-Builder Enterprise 500M Capital Program,AWS million in capital program Warranty GovCloud Hosting,Business Intelligence Add-on,Sandbox,oData API,and BIM e-Builder Enterprise Government Edition which includes core platform and unlimited users for capital programs up to$1000 Platform with unlimited 132-52 e-Builder Capital - million USD.One year subscription license with auto renewal. users for up to$1000 $ 391,598.27 Standard aUS pital_Proram Includes e-Builder Enterprise 1000M Capital Program,Business million in capital program Warranty Intelligence Add-on,Sandbox,oData API,and BIM e-Builder Enterprise Government Edition hosted on AWS GovCloud(ITAR&Fed RAMP compliant)which includes core eB-Ent-Gov-1000M- platform and unlimited users for capital programs up to$1000 Platform with unlimited Standard 132-52 e-Builder Capital_Program(on AWS million USD.One year subscription license with auto renewal. users for up to$1000 $ 496,223.76 US GovCloud) Includes e-Builder Enterprise 1000M Capital Program,AWS million in capital program Warranty GovCloud Hosting,Business Intelligence Add-on,Sandbox,oData API,and BIM e-Builder,Inc. Page 400 Of6b,57 Builder�, Invoice e-Builder, Inc. Date 2/12/2018 Invoice# 4366 PO BOX 392392 Pittsburgh, PA 15251-9392 Terms Net 30 United States Due Date 3/14/2018 Phone:954-556-6701 1 Fax:954-792-5949 PO# www.e-builder.net Project PO#1 160895 PO#2 PO#3 Bill To Address: Ship To Address: City of Boynton Beach, FL City of Boynton Beach, FL 100 E. Boynton Beach Blvd. 124 E woolbright Rd. Boynton Beach FL 33425 Boynton Beach FL 33435 United States United States e-Builder Enterprise Annual Renewal of 50 e-Builder User Licenses for Period 50 48,120.00 Named User New 3/1/2018-2/28/2019 Total 48,120.00 Amount Due $48,120.00 Page 401 of 665 6.J. CONSENTAGENDA 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 REQUESTED ACTION BY COMMISSION: Accept second quarter report on operations of the Schoolhouse Children's Museum an Learning Center for FY 17/18. EXPLANATION OF REQUEST: Per the City's Management Agreement with the Schoolhouse Children's Museum, the Executive Director shall submit a quarterly report to the City Commission of all of its activities, revenues and expenditures at a regularly schedule Commission meeting. Report covers January 1-March 31, 2018. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None FISCAL IMPACT: None ALTERNATIVES: Do not accept the report. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment FY17/18 Museum 2nd Quarter Report Page 402 of 665 Alk Schoolhouse MUSEUM & LEARNING CENTER Quarterly Report FY '17/'18 2nd Quarter General Operations Overall income for the second quarter of the fiscal year was down by 6.79%.There was improvement, however, in Admissions, Facilities/Parties and Membership Income. Visitation increased by 5%. Membership unit sales were up slightly, and the associated income was up by 10.5% as a result of categories sold. Revenue Excluding the City's support, income from operations, including fundraising increased by 5.6%. Total Gross revenue for FY'17/'18—Q2 was $106,703.53 vs $107,433.07 in FY'16/'17—Q2. Expenses Overall Expenses for the second quarter of'17/'18 were 5% higher compared to the same period last year. Expenses for FY'17/'18—Q2 were $114,531 vs. $113,876 in FY '17/'18—Q2. Programming In addition to regular educational programming and group visits, the following special events and programs were conducted. January • Focused Filed Trip—January 2nd • Let It Snow! —January P • Games Galore! —January 5th • Bridges Outreach—January 9th • Focused Field Trip—January 10th • Fabulous Fun Friday—January 19th • Field Trip—January 22nd • INCA Meeting—January 22nd • Delray Beach Resource Fair—January 23'd • Bridges Outreach—January 23 d • Field Trip—January 29th February • Fabulous Fun Friday— February 2nd Page 403 of 665 • Poinciana Elementary School 100th Day of Dads— February 2nd • Bridges Outreach— February 6th • Magic Wheels &Special Deals— February 9th • Focused Field Trip— February 12th • Fabulous Fun Friday— February 16th • Focused Field Trip— February 19th • Focused Field trip— February 26th • Bridges Outreach— February 27th March • Fabulous Fun Friday— March 2nd • Art in Bloom Opening Reception— March 2nd • Art in Bloom —March 3'd • Focused Field Trip— March 5th • Bridges Outreach— March 6th • Focused Field Trip— March 12th • Fabulous Fun Friday— March 16th • Focused Field Trip— March 19th • Focused Field Trip— March 26th • Bridges Outreach— March 27th Respectfully submitted, Suzanne Ross Executive Director Page 404 of 665 6.K. CONSENTAGENDA 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 REQUESTED ACTION BY COMMISSION: Approve the minutes from City Commission meeting held on May 15, 2018. EXPLANATION OF REQUEST: The City Commission met on May 15, 2018 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT: Non-budgeted N/A ALTERNATIVES: 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 05-15-18 Page 405 of 665 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY, May 15, 2018, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Lori LaVerriere, City Manager Christina Romelus, Vice Mayor James Cherof, City Attorney Justin Katz, Commissioner Judith A. Pyle, City Clerk Mack McCray, Commissioner Joe Casello, Commissioner 1. OPENINGS A. Call to Order- Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:30 p.m. Invocation Commissioner McCray gave the invocation. Pledge of Allegiance to the Flag Commissioner McCray led the Pledge of Allegiance to the Flag Roll Call City Clerk Pyle called the roll. A quorum was present. Agenda Approval: 1 . Additions, Deletions, Corrections Mayor Grant requested to move item 6-C under Public Hearing, Item 8-D, Motion Vice Mayor Romelus moved to approve the agenda as amended. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Page 406 of 665 Meeting Minutes City Commission Boynton Beach, Florida May 15, 2018 r r 2. OTHER A. Informational items by Members of the City Commission Commissioner McCray stated he wanted to correct information he heard on the news, which stated the City Boynton Beach was getting a Town Square at the expense of the Theater Group. This was totally incorrect. The City tried to find a space for the theater group, but was unsuccessful. Thanked staff for having the brochure "Let's Talk Trash" in Creole and Spanish. Informed the public the City of Boynton Beach will be hosting the Transportation Planning Agency (TPA) at the Intracoastal on May 17, 2018 at 9:00 a.m. On May 31, the Palm Beach County Criminal Justice Commission, Community Engagement Task Force, will be meeting at the St. John Missionary Baptist Church, hosted by the Reverend Dr. Jovan T. Davis, Senior Pastor. Vice Mayor Romelus attended a local church celebrating teachers. They were celebrating more than 60 teachers. She noted, being a teacher, it was always great to have individuals say thank you. Commissioner Casello had no disclosures. Informed the Commission he received calls regarding a vote for the extension of Miner Road. He contacted the County and the City and neither has any knowledge of a planned extension of Miner Road. Miner Road will not be extended in the near future. Mayor Grant stated on May 2nd he travelled with delegates from the Palm Beach County School District to Les Cayes, Haiti. Informed the Commission there was a lot of work that could be done. Met with the Mayors of Jacmel, Petionville, and Carrefour. May 7th met with the ambassador of Taiwan. Attended Bethesda Memorial "Shadow a Nurse" and on May 91h attended the Nurses' breakfast at Bethesda Memorial Hospital. Attended the Boynton Beach Garden Club, spoke with the CRA to create a community vegetable garden on the tax deed property the CRA recently purchased. Met with Trina Pulliam of Trainnovations regarding the Strategic Initiatives of branding a better Boynton Beach. May 11 th joined Steve Abrams and Nick Uhren as delegates of Palm Beach County to be the first to ride on Brightline. On May 13th celebrated Mother Day with his family. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Presentation of the annual "Bob Borovy Student Citizen of the Year" award by members of the Education & Youth Advisory Board Dr. Tiffany North, Chairman of the Education and Youth Advisory Board, provided information regarding the Bob Borovy award. This award was created to recognize a graduating high school senior who best epitomizes the spirit of volunteerism and giving to the community as exemplified by the late Bob Borovy, a United States Veteran and former Advisory Board member who was an active citizen of the Boynton Beach community for many years. Explained the recipient will receive a $1 ,000 cash award 2 Page 407 of 665 Meeting Minutes City Commission Boynton Beach, Florida May 15, 2018 and have his/her name placed on a permanent plaque at City Hall. The winner selected for 2018 was Alana Thomas. Dr. North indicated Ms. Thomas will graduate from Santa Luces Community High School, has a 4.49 GPA and over 1300 hours of community service. Dr. North stated Ms. Thomas was described by her teachers and school counselors as intelligent, goal oriented, with a humble spirit. She held the rank of corporal and sergeant for the Criminal Justice class of 2018. She was selected by the Palm Beach Sherriff office to be the lieutenant executive officer of the criminal justice academy for 2017/2018 school year. She has been awarded Cadet of the year by the Palm Beach County Sheriff Department. Ms. Thomas believes in serving others. She has chosen to volunteer for the Palm Beach County Youth Court program, where she has served as a lead youth volunteer attorney. She has 1335 community service hours. She is a member of the Education and Youth Advisory board, Empower Leadership Academy for Girls and Criminal Justice honor guard. She is active in her church where she volunteers in the technology and nursey ministry. She also tutors at risk-youth at a local elementary school during the summer. Ms. Thomas will attend Howard University. She has put in a lot of work and should be awarded. Alana Simone Thomas thanked the Education and Youth Advisory Board for awarding her this honor. She indicated it has always been instilled in her to give back to the community. She takes pride in serving her community. She grew up in Boynton Beach and hopes to inspire future generations. Commissioner McCray recognized Alana Simone's parents and grandparents. B. Proclaim the month of June as Men's Health Month. Mayor Grant read the proclamation. Wayne Carrels, Parks and Recreation Crew leader, accepted the award. Stated he was thrilled to be a part of the Health and Fitness movement. C. Proclaim June 1, 2018 as National Gun Violence Awareness Day. Mayor Grant read the proclamation. Miriam Lane accepted the proclamation for Moms Demand Action for Gun Sense in America of Central Palm Beach County. Thanked the Mayor and Commission for the proclamation and stated this was an honor to accept on behalf of all those affected by gun violence. Ms. Lane noted large mass shootings make the news, but American families are devastated by gun violence every day. Explained since 2013 there have been more than 300 school shootings. Black men are 13 times more likely to be shot than Hispanic or White men, and Black Americans only make up 14% of the US 3 Page 408 of 665 Meeting Minutes City Commission Boynton Beach, Florida May 15, 2018 population. She continued to say at least 52% of women killed with guns are killed by intimate partners or family members. Ms. Lane stated 21,000 Americans die by gun suicide each year. American children are 11 times more likely to die by gun suicide than their peers from other high income countries. Please join this cause on June 2nd at Meadows Parks at 10 a.m. be sure to wear orange. D. Announce that the Solid Waste Division will be having Tire Amnesty Week for the City Residents the first week of June from June 4th, 2018 -June 8th, 2018 Andrew Mack, Director of Public Work and Engineering, stated the City residents can place up to eight car and /or passenger truck vehicle tires at the curb for pickup on the scheduled bulk trash day. The tires must be separated from all other bulk trash piles. If there are any questions, please call 561-742-6200. Commissioner McCray asked how the public was being notified. Mr. Mack replied the City was using the social media, public announcements and posting flyers around the City. Commissioner McCray requested a copy of the flyer. Mayor Grant noted during last year's hurricane event, residents were looking for information regarding solid waste pickup. Inquired if the City would have some type of information line or an email to update residents. Mr. Mack replied this was something being worked on as part of the route ware. E. Announce that Hurricane Season begins June 1St and the Solid Waste Division is urging residents to do their part by conducting tree trimming early in preparation for the Hurricane season. Andrew Mack, Director of Public Works and Engineering, noted hurricane season begins June 1, 2018. Please begin tree trimming early. Vice Mayor Romelus stated residents can contact FPL to help clear tree branches from power lines on residential property. F. Announce the Public Input Budget Workshop, Tuesday, May 29, 2018 @ 6:30 P.M. at Intracoastal Park Clubhouse. Mayor Grant announced the City will be having a Public Input Budget workshop, Tuesday, May 29, 2018 @ 6:30 p.m. at Intracoastal Park Clubhouse. The purpose of this meeting was to make sure the residents have an input on the City budget. (Commissioner Katz arrived 7:00 p.m.) Mayor Grant asked if Commissioner Katz had any informational items to disclose. 4 Page 409 of 665 Meeting Minutes City Commission Boynton Beach, Florida May 15, 2018 Commissioner Katz stated he met with JKM Developers. He requested clarification of meeting time for the budget input meeting. He recalls the meeting was set for 5:00 p.m. on the agenda it was 6:30 p.m. Mayor Grant stated he was fine with 6:30 p.m. Commissioner McCray stated he was fine with beginning the budget input meeting at 6:30 p.m. 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) Susan Oyer, 140 S.E. 27th Way, noted the City of Boynton Beach should lead the way regarding debris removal, such as having an ordinances banning styrofoam and plastic straws. She explained the Town of Jupiter was considering placing a ban on plastic straws and styrofoam. Mayor Grant mentioned a green committee a few meeting ago and she has not heard anything else about this committee. Vice Mayor Romelus inquired as to the alternatives to plastics. Ms. Over replied there was glass, paper, and ceramic to name a few. Kevin Homer, 2505 North Lake Drive, noticed a ton of debris in the canal one day while taking pictures. He was approached by Dean of Paddle Away Sports in Boynton Beach, who suggested organizing a cleanup. Mr. Homer's first call was to Wally Mayors, Director of Parks and Recreation. Mr. Majors was extremely supportive, offering his time, knowledge and materials for the event. Dean of Paddle Away Sports donated a couple of kayaks for the event. He contacted Seacrest Recovery Center, to offer patients a sense of purpose and volunteer their time for the cleanup. Lowes donated 30 buckets and Harbor Freight provided 40 trash pickers. In addition, Carrabba's, Frankie's pizza, Souvlaki Fast, Sushi Joe's provided gift cards for a cleanup raffle. He was present to let the public know about Adopt a Park program. In less than an hour, 53 volunteers collected more than a 100 pounds of trash. The next week he received a text from Wayne Carrels regarding homeless people cleaning up the park. Diagnostic Centers of America will sponsor the next clean up. Boynton Cares was not just for animals or children, but for the homeless as well. The cleanup takes place the first Sunday of each month at 9 a.m. Vice Mayor Romelus thanked Mr. Homer and City employee Wayne Carrels. It was rare that the public come offers a "good job" story. Stephen Muckerman, 225 West Ocean, noted the trash has gotten out of control. In the 60's and 70's there was a push to clean up the trash. The City needs to focus on cleaning up Boynton Beach. With so many good things coming to the City, they need to get ahead of the litter problem. 5 Page 410 of 665 Meeting Minutes City Commission Boynton Beach, Florida May 15, 2018 Barbara Bernadine, 9073 Lawrence Road, acknowledged the young lady being recognized tonight for the Bob Borovy Student Citizen of the Year award. Ms. Thomas' parents are doing an incredible job, and would like to thank them for their hard work. Thanked the Mayor and the Commissioners for acknowledging something positive. No one else coming forward, Mayor Grant closed Public Audience. 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 Alts Employee Pension Board: 1 Reg Senior Advisory Board: 1 Reg and 2 Alts Mayor Grant advised there was one applicant for the Senior Advisory board Motion Commissioner Casello moved to appoint Antonio Villatoro to the Senior Advisory Board (Reg). Commissioner McCray seconded the motion. Vote The motion unanimously passed. B. Mayor Grant to discuss PBC Transportation Planning Agency, Nick Uhren, Executive Director. Nick Uhren, Executive Director of Palm Beach County Transportation Planning Agency, provided an overview of the TPA. Explained the TPA consists of 21 locally elected officials, 5 of the 7 County Commissioners are on the governing board. There are 15 municipal elected officials from the 13 largest cities. Mayor Grant sits as a representative, Commissioner McCray was the alternate. Their mission statement was to collaboratively plan, prioritize, and fund transportation. Their vision statement was to provide a safe, efficient, connected, multimodal transportation system. Facilities are designed and operated to enable safe access for all users, including pedestrians, bicyclists, motorists and transit riders regardless of their ages or abilities. Mr. Uhren indicated the agency was passionate about safety, as stated before this was part of the vision statement. In February the governing board were asked by the Federal 6 Page 411 of 665 Meeting Minutes City Commission Boynton Beach, Florida May 15, 2018 Government to adopt a target which would be accepted for fatalities and serious injury which would be acceptable, and the resounding response to that Federal mandate, was they would accept none, they call that a vision zero commitment. They are passionate about rebuilding our road ways system to eliminate traffic related fatalities tragedy and serious injury. The Palm Beach TP was partnering with member communities. He explained the role of the TPA in allocating Federal and State transportation dollars, gas taxes and user fees to various projects as well as to maximize the City ability to influence the decisions being made by others. The TPA has maps of all of the project which would be constructed within the next five years, regardless of who complete the projects. Boynton Beach was the 3rd largest city in Palm Beach County. The TPA wanted to make sure Boynton Beach's voice is heard. Boynton Beach waterfront access was unique and distinctive. The TPA was the City of Boynton Beach planning and funding partner with the FEC quiet zones, rail crossing safety grants, the liaison to FDOT, County and neighboring cities, along US 1, Boynton Beach Blvd, Seacrest Blvd, 1-95 interchanges. They are the voice in regional transportation matters, road design, mobility fees, transit services, safe routes to schools. Help Boynton Beach influence the upcoming project on Seacrest, this was a window of opportunity, the dollars, to insure the work would maximize the work, influence the design of the interchange project, they are Boynton Beach voice in i� transportation matters. Palm Beach County has a road impact fee, where every developer pays for a portion of the road capacity which their new project will consume. The TPA has asked the County to discuss the transition from a road only fee to a mobility fee, which will allow developers to contribute not only to the portion of road capacity they need, but their portion of the sidewalks, the street light and the transit infrastructure, which the new development being created needs. Mr. Uhren explained the membership dues were needed to support the TPA expenditures that are not federally reimbursable which would maximize the agency effectiveness. This would allow the agency to compete for discretionary grants. Mayor Grant noted he was very excited for Palm Beach County to have a new agency. He stated unless there is a plan for more people the traffic will get worse. Commissioner McCray thanked Mr. Uhren for the presentation. Commissioner Casello inquired how Palm Beach County Administration was about the TPA becoming independent. Mr. Uhren responded they were supportive. Commissioner Casello asked if the funds for the road impact fees remain in Boynton Beach. Mr. Uhren explained the County decides where projects are funded, the projects are based on zones. Vice Mayor Romelus inquired if this would be an additional fee to the developers. 7 Page 412 of 665 Meeting Minutes City Commission Boynton Beach, Florida May 15, 2018 1 Mr. Uhren explained the TPA wants to replace the road impact fee with the multimodal fee. Vice Mayor Romelus asked if TPA was reaching out to the development community and if positive feedback was being received. Mr. Uhren replied the general feedback was very positive to allow for active living. Vice Mayor Romelus asked if the developers are in support of making this move from a governmental agency verses an independent one. Mr. Uhren explained the development community would not be affected whether or not the agency was governmental or independent. Vice Mayor Romelus asked about the oversight of the agency, if the agency was not under the umbrella of the County. Mr. Uhren stated the oversight was from the 21 board members. Mayor Grant explained decisions were made by the board members, then it goes for approval before the five County Commissioners which are on the board. He stated the County have the final approval of the TPA budget. Vice Mayor Rornelus said she needed clarification on the oversight, once the TPA leave the umbrella from the County. TPA was now operating independently. How will the public know how the money is being spent? Mayor Grant explained TPA was governed by the Sunshine Law, all of the meetings have minutes and all meeting are noticed to the public. Mayor Grant said the TPA have elected government officials sitting on the board. Mr. Uhren explained they operate much like the City, which employs a manger subject to the parameters. He operates the TPA as an agency with those parameters which have been given. TPA Board of Directors, the 21 members, are subjected to the County administration they are hosted by the County Administrator. Vice Mayor Romelus asked what the benefit for Boynton Beach was partnering with the TPA. Inquired as to what was the current contribution? Mr. Uhren responded currently the TPA does not have any local dues. Commissioner McCray indicated the dues to be taken as part of the advocacy, they cannot spend federal dollars on certain items. Vice Mayor Romelus asked if the City would have more empowerment over what was being spent on roadways. Commissioner Romelus inquired if this was the purpose and the benefits of transitioning. Mr. Uhren explained the primary benefits were for the advocacy funding are on State and Federal discretionary grants. 8 Page 413 of 665 Meeting Minutes City Commission Boynton Beach, Florida May 15, 2018 Commissioner Casello asked if the TPA became independent and a municipality decide not to pay the dues, would the City get the same representation. Mr. Uhren stated it would create a question as to how to proceed. Commissioner Casello inquired if the City does not pay the dues, will the City be held hostage. Mr. Uhren stated that was not how the TPA worked. Commissioner Casello noted the City do not know if all municipalities were on board. Vice Mayor Romelus asked about increasing the dues in the future. Mr. Uhren explained the dues would be fixed for the first five years. He explained the dues would not be used to pay staff salary. Commissioner McCray asked if this would be discussed at the budget hearings. Vice Mayor Romelus indicated she would like to see something more tangible. Her concern was transparency. She indicated she would like to see this in writing in the near future. Commissioner Katz stated there was more information which needed to be explained. He indicated he has zero concerns regarding the dues which would be paid to the organization if it would have resulted in more funds being kept in the City as a result of not having the County delegating projects outside of the City limits being funded with City dollars. Requested staff to provide an analysis of the amount of impact fees which has been generated within the past five years and how much money has come back to the City from the County. He was willing to pay the dues assessment. He was more concerned about the cost benefit of the impact fees being retained within the City. Mayor Grant asked for a motion to approve the dues and for the City staff to move forward. Vice Mayor Romelus stated she was not ready to move forward with this item. Commissioner Katz indicated he was not prepared to vote on this item. Motion Commissioner McCray motioned to table to discuss in the future. Commissioner Katz seconded the motion. Vote The motion unanimously passed. 9 Page 414 of 665 Meeting Minutes City Commission Boynton Beach, Florida May 15, 2018 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. Mayor Grant moved item 6-C to 8-D. A. PROPOSED RESOLUTION NO. R18-069 -Assess the cost of nuisance abatement on properties within the City of Boynton Beach. B. Accept the Fiscal Year 2017-2018 Budget Status Report of the General Fund and the Utilities Fund for the six (6) month period ended March 31, 2018. C. Approve the"Cortina PUD Replat Three"record plat,conditioned on the approval being the certification of the plat documents by Gary Dunmyer(City Engineer). (Moved to 8- D) D. Accept the written report to the Commission for purchases over$10,000 for the month of April 2018. E. Approve the minutes from City Commission meeting held on May 1, 2018. Mayor Grant requested a motion to approve the Consent Agenda. Motion Commissioner Casello moved to approve Consent Agenda as amended. Commissioner Katz seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000- None A. PROPOSED RESOLUTION NO. R18-070—Authorize the City Manager to sign a contract with R&D Paving, LLC of West Palm Beach, FL for the "NW 1th Avenue Reconstruction —Model Block project" Bid No. 011-81-8TP in the amount of $461,147.50 plus a 10% contingency of $46,114.75 if needed for staff approval of change orders for unforeseen conditions for a total expenditure of $507,262.25 10 Page 415 of 665 Meeting Minutes City Commission Boynton Beach, Florida May 15, 2018 Motion Commissioner McCray moved to approve with discussion. Vice Mayor Romelus seconded the motion. Commissioner McCray asked if the City hired a local contractor. Mayor Grant stated this was an RFP process. Commissioner McCray noted he understood the RFP process, asked if the City have any local contractors. Mr. Colin Groff, Assistant City Manager, indicated this was a bid on the work. The engineering was done over the past three years. Under the new program the local preference would have been included. He could not say if this was a local contractor. Commissioner McCray stated this project needed to get underway. This was a positive for the City of Boynton Beach. Vice Mayor Romelus asked if the representative for R&D Paving was available for questions. Vice Mayor Romelus asked if staff discussed with them to work with the local contractors. Mr. Groff explained many of the projects began before the new ordinance was in place. The City always asks the contractor to use the new process. Ms. LaVerriere stated this was finishing up the model block project, once the City has the improvements in place, such as paving, sidewalk, underground electric, new utility, this will pave the way for 11 new homes. Mayor Grant asked if this created a connection from Seacrest to N.W. 11 t" Avenue. Ms. LaVerriere said this will help with the traffic flow at the school. The City has partnered with the schools to complete this project when the children are out for the summer. Chris Roche, Engineering Division Manager, introduced himself to the Commission. Vote The motion unanimously passed. B. PROPOSED RESOLUTION NO. R18- 071-Authorize the City Manager to sign a contract with Ric-Man International, Inc.for"PROGRESSIVE DESIGN BUILD FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II"; as a result of RFQ No.037-2821-17/TP in the amount of $3,233,885,33 for Design services, and a total project value of$10,000,000. 11 Page 416 of 665 Meeting Minutes City Commission Boynton Beach, Florida May 15, 2018 Mayor Grant read Proposed Resolution R18-071 by title only into the record. Motion Commissioner McCray motioned to approve with discussion. Seconded by Commissioner Casello. Commissioner McCray asked how long the City has been working on this project. Michael Low, Deputy Utilities Directory/Manager Technical Services, stated this was the second phase of the actual construction work, the original design was done 8 years ago. Ms. LaVerriere stated this was phase 2 of what will be a three phase project. Mr. Low stated once Town Square was complete the last phase will be completed. Commissioner McCray stated this was long overdue. Vice Mayor Romelus asked how long before work would begin. Mr. Low provided an overview of the project. Explained the City will be replacing undersized and old water lines throughout select neighborhoods. Moving water lines from the rear easements to the front of the property. There will be more fire hydrants to meet the updated standards. Storm water improvements, such as adding storm water collections features in areas prone to flooding, restore the right of way, add swales and improve driveways and sidewalks, replace driveway aprons, replace and add sidewalks. This would also include improve landscaping on Seacrest Boulevard, wastewater design and construct a new force main to serve south Federal Highway area and the southern end of the barrier island service area. The total project budget was $10M. Mr. Low indicated the next steps were to prepare and send individual letters to property owner. There will be community meetings to review the project. Mr. Low showed a slide of the overall project area, which will be constructed in 2 separate phases. It also shows where the exfiltration trenches will be installed to alleviate flooding and promote aquifer recharge. Vice Mayor Romelus asked when the work will begin. Mr. Low replied the work should begin within the next 3-4 weeks. Vice Mayor Romelus asked the expected completion date. Mr. Low responded after the guaranteed maximum price was received it should be about 18 months for completion. Vice Mayor Romelus asked if the City intention was to engage the community. Mr. Low responded City staff has spoken with the neighbors in detail about what was happening and will provide a dedicated telephone line to deliver updated information. 12 Page 417 of 665 Meeting Minutes City Commission Boynton Beach, Florida May 15, 2018 Commissioner Casello, stated the gentlemen from the TPA mentioned the resurfacing was in the que. Asked if this was any type of conflict. Mr. Low explained this was separate; which was the setback at the end of the right-of way. Commissioner Casello asked for clarification regarding the water mains being replaced Mr. Low indicated there are no water mains on Seacrest. All of the water mains will be on the side roads. Ms. LaVerriere stated Seacrest was not being torn up. Commissioner Casello stated he did not want to do the job twice. Commissioner McCray asked if there has been a citizen meeting. Mr. Low explained there has been a citizens meeting. There were earlier meeting, now there will be a formal follow- up meeting. Commissioner McCray indicated there will be a follow-up meeting, and telephone number will be provided. Mr. Low stated staff has already spoken with the general contractor regarding communication with the residents. Mayor Grant asked if the sidewalks and swales along Seacrest Boulevard were Nam of the project. Mr. Low stated Seacrest was a County road. Mayor Grant inquired if the road from Seacrest to Forest Park Elementary could be wider. Mr. Low stated they have spoken with staff about the width of the sidewalks and how to move forward. Vote The motion unanimously passed. C. PROPOSED RESOLUTION NO. R18-072 -Authorize the City Manager to sign a contract with Murphy Pipeline Contractors, Inc. of Jacksonville, FL for construction of water distribution system water main upgrades in the area of SE 27th Ct to SE 31 st Ave as shown in the attached drawing in the amount of $1,352,112 and a 10% contingency amount of$135,211 for unforeseen issues for a total cost of $1,487,323. Murphy Pipeline was awarded as Primary Vendor as a result of Bid No. 036-2821-16/TP by the City on May 17, 2016. Mayor Grant read Proposed Resolution R18-072 by title only. Commissioner McCray stated he has some concerns about this project. Mr. Groff introduced Mr. Tremaine Johnson, Interim Manager of Field Operations Mr. Johnson explained the project consisted of upgrading 10,623 of 4' AC pipe to 6 HDPE (High Density Polyethylene), upgrading 1,950 feet of 6" AC pipe to 8" HDPE. Impacts 13 Page 418 of 665 Meeting Minutes City Commission Boynton Beach, Florida May 15, 2018 eleven streets throughout Dewey Heights/Seacrest Estates, Additional eight fire hydrants to bring fire suppression up to code. Mr. Johnson provided some photos which showed the advantages of pipe bursting, minimal disturbance to neighborhood streets, and minimal impact to individual residents, ability to easily make improvement to fire suppression, new hydrants. During the operation of the pipe bursting, the pipe was pre chlorinated, the water was ready to be used. There would be no need to test the water or trenching. Commissioner McCray asked was this the same thing which had taken a very long time to complete and would this block the flow of traffic. Mr. Johnson explained there should not be any impact to traffic. Vice Mayor Romelus said the City will be adding additional fire hydrants and protecting the citizens. Mayor Grant stated the City was replacing trees which are in the swales or the right-a- way area. Mr. Johnson explained the areas for the pit was in an area where there were no trees to be removed. Motion Vice Mayor Romelus moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 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. 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. Staff to review PBC Ordinance on Panhandlers. Attorney Cherof swore in all those who wished to testify. John Lyon, Represents Olen Properties on Gateway and Quantum Lakes Drives, said the project has set idle since 2011. Olen Properties was seeking a Site Plan Major 14 Page 419 of 665 Meeting Minutes City Commission Boynton Beach, Florida May 15, 2018 Modification to reduce the setback to 15 feet on the roadway and 7 feet along the lake back and project side. Motion Vice Mayor Romelus moved to approve. Commissioner Casello seconded the motion. David Katz, Chair of the Planning and Development Board, indicated the board was asking the developer to add an additional handicap parking to the second building which only had one. There are four buildings; two of the buildings have two, and two of the buildings have one. Staff saw no problem with this happening. During the Planning and Development meeting the representative stated there would be six handicapped parking spaces, but they had four buildings. He stated half of the apartments were ADA compliant. As the chair of the board he would like to see additional handicapped parking. Mayor Grant asked if the applicant had an issue with adding an additional handicap space for a total of eight. Mr. Lyon indicated this would require a modification to the Site Plan. The project was at its maximum capacity in terms of its green areas and parking spaces. He indicated they were required to have 186 parking spaces; they have 187 with 6 being handicapped parking. They have met and exceeded the requirement of a residential property, this was not commercial. He stated to make up and add two spaces was not that easy, there was a minimum width, this would cause to reduce the amount to green areas or reduce the overall number of parking spaces. Mayor Grant stated they have designed handicapped accessible apartments, was it possible for the management to identify some regular parking spaces as handicapped parking. Mr. Lyons stated anything on the first floor by current standards of FHA and ADA must be compliant. There are a total of 52 apartments. In Florida they owned and manager about 5000 apartments, there has not been a need. Stated there was a shortage in standard parking. Commissioner McCray asked if they add two additional parking this would reduce green space. Mr. Lyons stated the space has to come from somewhere. Indicated handicap space is 1 foot, plus the 5 feet access lane. He stated they would lose two standard handicapped spaces. Commissioner Katz asked if there was consensus on the Commission to increase the minimum requirements for handicap parking spaces. He stated every single time a project comes before the Commission there seems to be a request to add more than the required 15 Page 420 of 665 Meeting Minutes City Commission Boynton Beach, Florida May 15, 2018 amount. If there was consensus in the future to change the specification to change the amount of the handicapped spaces. If we want to have more handicapped parking lets mandate this. Commissioner Casello asked if the project was in compliance of all regulations. Mr. Lyons stated they are in the final stage and they are good to go. Vice Mayor Romelus asked the commitment of hiring local workers in the management of the facility. Mr. Lyons stated when doing major projects like this, the company usually hires outside contractors, his company has changed their policies. They will hire local contractors, from qualified GC and local contractors. There is no exact listing. They are making every effort to hire local Boynton or Local Palm Beach County. Mayor Grant asked if the Commission needs to remove the Planning and Zoning condition of approval. Attorney Cherof stated it should be addressed and rejected. Motion Commissioner Casello motioned to reject the condition of approval to add two handicapped spaces. Commissioner Katz seconded the motion. Vote The motion unanimously passed. B. 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, JKM Developers Mayor Grant read the Master Plan into the record by title only. Asked if the applicant was in agreement in combining both B and C. Bonnie Miskel, attorney for the applicant, agreed with combining the two items. The presentation has been consolidated. Mayor Grant instructed to add the consent item for approval of the Cortina PUD Replat 3, record plat on the condition of approval being certified.. 16 Page 421 of 665 Meeting Minutes City Commission Boynton Beach, Florida May 15, 2018 Bonnie Miskel, attorney for the applicant, reported the original approval for the 106-acre master plan for Boynton Village &Town Center has been amended numerous times since 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. Ms. Miskel indicated the applicant was proposing a Major Site Plan approval of the SMU. Ms. Miskel showed a map of the proposed plan including a dog park. Ms. Miskel noted on March 17, 2015 the most recent approval Master Plan Modification and Conditional Use request, amending the plan from 34 townhomes, 348 apartments and 80 single family detached homes, to 643 condominiums, 350 apartments and 115 single family detached homes. The subject parcel is currently platted for 15 single family lots as the Cortina PUD Replat 2. Ms. Miskel stated her client was purposing 55 townhouse units and 378 multifamily units for the SMU parcel area of the Cortina of ooynton Village development. Ms. Miskel presented a chart of the existing traffic vs. the proposed traffic. She understood there were a number of neighbors which spoke out regarding the traffic. She stated they were reducing the living units. There were many benefits to the project. There would be $19M in roadway improvements, an additional $500,000 plus in improvement to the expanded City owned Dog Park. High quality development compared to prior condition with a mix of unit types, Electric car charging stations, adding $430,000 annually in additional tax base. Mayor Grant asked if there was a parking garage. Ms. Miskel stated there was surface parking. Vice Mayor Romelus stated she moved to approve. Commissioner McCray indicated he heard some complaints regarding the apartments looking into the homeowner's backyards. Ms. Miskel stated this has been addressed. The buildings were stepped down, and the building was more than 250 feet away, with three tiers of landscaping. Commissioner McCray asked if he was on the 4t" floor he would not be able to look over into the neighbors to the east backyard. The building which have 4 floors are 400 feet away and they are separated by the townhome building. Commissioner Katz said he has been in conversation with the developer, since the density was downgraded. When the dog park was built it became very clear the dog park 17 Page 422 of 665 Meeting Minutes City Commission Boynton Beach, Florida May 15, 2018 was being over utilized. The developer decided to increase the size of the dog park. The combined population of Renaissance Commons and now the Cortina project was significant, stated there was no public park in this area other than the existing dog park. The City should maximize the use of this park, there are some park impact fees available. Commissioner Katz stated he spoke with Wally Majors, Parks and Recreation Director, indicated a fraction of those fees could be used for this project. In addition, this was generating almost $500,000 in potential additional annual revenue. The maintenance for the existing park was funded in perpetuity by the master association of all the new developers. As a condition of approval try to move forward on maximizing the offering of the park. The opportunity to increase parking, would have more people, additionally by spacing the new track south of the green space, the center space could be used in the future or playground equipment, pavilions, barbeque pits. He was requesting the board to give the park the honor it deserve. The park could become a true focal point. John Markey, 2300 Glades Road, Boca Raton, remarked it has been a very fast project to add $500,000 worth of improvement to the dog park. They are seeing so much use of the dog park; they have decided to improve the park. The package included a larger dog enclosure, benches, open spaces, utilizing the entire dog park. They are happy to be a part of this effort; they are providing $500,000 for the new dog park. Commissioner McCray asked who will pay for the pavilion. Mr. Markey stated he will pay for the pavilions. Commissioner Casello stated Mr. Markey took the idea of a dog park and ran with it. This would be great. He stated he would go along with the park impact fee to maintain the park. This would be a great amenity in Boynton Beach. Many people would enjoy this dog park. Mayor Grant opened up to Public Audience. Guy Borg, 501 NW 11 Street, lives in Sky Lake, currently the president of the homeowner's association. As homeowners they see more apartments and more transients. He stated he appreciate the design of the buildings. They are putting 800 more cars on the roads. Mr. Borg stated he would rather see single family homes. Jane Gibas, 1001 NW 10 Court, preferred the single family homes, and improve the dog park and make it into a larger park. She stated the traffic was bad already and the crime, there are drug rehabs over there, people selling drugs and overdoses. If there are more apartments we will have the same type of issues in this area. She hopes the Commission would reconsider. Mari Hoover, 1005 NW 10 Street, asked has the City considered the impact this would have on the City services, such as Fire Rescue and Police departments. They have too much traffic on the road way. 18 Page 423 of 665 Meeting Minutes City Commission Boynton Beach, Florida May 15, 2018 Wayne Gibas, 1001 NW 10 Court, stated there was a very big difference between apartments and single family homes. He stated he was a mail carrier for 32 years, and the only time he had been assaulted was in apartments. He indicated since Motorola moved the City has built so many buildings. He stated he would prefer single family homes. He stated Old Boynton Road was a very dangerous road. No one was going 35 miles an hour. Kim Black 973 NW 11 Street, stated she was a licensed Real Estate broker, and a property manager in Boynton Beach. Please think about doing this before you make a decision. Lynn Myers 1002 NW 10 Court, indicated she was strongly opposed to apartments being built. She believes there are many apartments being built. She stated the City needs single family homes, especially along the canal. Ms. Myers stated the impact that the apartments will have on the Fire and Police. Ms. Myers stated they could have a two- bedroom apartment and could house 4 or more people. Old Boynton road speed limit is 35 miles per hour, but the traffic was flowing at 40-50 miles per hours. This road will look like 1-95. The Developer was saying the 4 story apartment would be in the middle, she does not believe that was the case. This purposed development was wrong, please go back to the single family homes originally proposed. Erica, lives in Renaissance Commons and at first there was going to be single family homes, now there will be apartment buildings. She stated Boynton Beach has enough apartment buildings, The City of Boynton Beach needs single family homes. As far as crime goes in Renaissance Commons, she must disagree, she does not see the area as a high crime area. There was more traffic to the area, and more money to the businesses. The single family homes are a better choice. Mayor Grant said when ALTA came in and requested a Major Site Plan Modification they did not need to change the master plan, because it was being reduced from 630 condos to 300. He was hopping the City would get the single family homes as well. After a closer look it was impossible to put a single home on 4000 square feet. He stated maybe in 2006 this may have been possible, but not now in today's market. In Town Square the home will cost approximately $200,000 for a home on .6 of an acre, this cannot be done in this area. The Developer stated with the 55 townhomes along the canal was actually less density, then what was currently planned with the single family lots lining that road. As for the apartment and the traffic. He continued to say the perception that traffic engineers use, the chart was provided and shows that apartment use was less traffic. Mayor Grant stated he understands it was very difficult to get out of Sky Lake. This was something the City needs to address. There are three entrances and there are no fights. He was not sure if this was a county road or a City road. There should be a light for one of those entrances. The City may need to get with the County regarding the traffic light timing. Mayor Grant explained the developer only needs to provide competent substantial evidence this was ok, because it was less than the total density of the Master Plan. He 19 Page 424 of 665 Meeting Minutes City Commission Boynton Beach, Florida May 15, 2018 explained if the developer was asking for additional density, it would be a different type of legal standard. Because it was less than the original Master Plan which was approved in 2005, this was a permitted use. He was not sure if the light was of any help, there was traffic coming from Boynton Beach Blvd. The City and the residents need to work together. It was within the developer's right to ask for less density. There is no single family competition. The developer was planning on being a good neighbor and is paying for the park. The question was does the residents want to add more to the park. Mayor Grant addressed the neighbors' concerns regarding overlooking the single family homes backyards. Mayor Grant stated the building was 400 feet away and there was a 25 foot building between the neighbor's backyard and the building. If additional landscaping was needed, he was sure the developers would be willing to provide the additional landscaping. The City will receive additional tax base and some retail stores. Commissioner Casello indicated speeding has always been a problem on Old Boynton road. Maybe putting an additional traffic light. He believed this was a County road. Mr. Mack stated the County has criteria on when and how to place a traffic light. A study would need to be done. Commissioner Casello asked staff to have a conversation with the County regarding the traffic light on Old Boynton Road. Commissioner Casello explained when projects are presented the issues regarding public safety were always addressed. Commissioner Casello stated everything has been addressed regarding fire and police. Vice Mayor Romelus stated she wanted to increase the police presence on Old Boynton Road. She would like to have the developer's representatives answer some questions. Vice Mayor Romelus asked if these units have been designed so that they could be converted to condos or home ownership. Ms. Miskel indicated these units could easily convert to condos. Vice Mayor Romelus stated in the interim it would be the developer's responsibility to maintain the property and its appearance. Ms. Miskel stated a number of municipalities found it was easier to enforce the code rules and regulations when dealing with a large company than dealing with individual owners. Vice Mayor Romelus asked what the commitment to work with local workers. Ms. Miskel responded they are happy and enthusiastic to work with the City with finding competent workers and contractors. Commissioner McCray stated in regard to police sitting out at Old Boynton Road, he was not in favor. The police should be utilized where they are needed. 20 Page 425 of 665 Meeting Minutes City Commission Boynton Beach, Florida May 15, 2018 Commissioner Casello said if the City identifies an area where people are speeding and endangering pedestrians and other motorist this needs to be addressed. If this means placing more police officers in the areas during certain times, then he believes this should be done. Vice Mayor Romelus said she agrees with Commissioner Casello. Commissioner McCray wanted to explain the reasoning behind his comment. The residents want a free road where nothing was happening. He stated times have changed, there was a lot of development in the area. Commissioner Katz indicated he sympathizes and he agrees it may be better to have single family homes. He shared that he lives in a townhome. They have sober homes in the area which the City cannot prohibit. He knows that apartments would not allow sober homes. The market does support the ability to price the single family home in this area. With regards with trying to dictate ownership versus rental property, the City does not have the ability to force the developer to build single family homes. Attorney Cherof stated the City of Boynton Beach Code does not regulate the type of ownership. Commissioner Katz said he would like to see more homeowner opportunities. This was what the market could bear right now. This was what was legally permissible under the current rule. The fact there was a canal between the adjacent communities providing a strong buffer, making it almost impossible for people to walk into the area. The perception was that it changes the community, it will lead to more cars, and right now it was an empty lot. The affect was more when people leave the community. He was not sure if owning a single family unit was less quality because across the canal there was a managed rental community. He would have loved to be able to live in a single family home. It was a sound project. There are a number of those businesses have been doing well, also number of the smaller commercial space was not able to sustain themselves. Vice Mayor Romelus wanted to make sure the City does not forget about the impact fees for the parks. In terms of the numbers and what that would look like, to bring up as an agenda item in the future. Mayor Grant asked if there was a gate to the community. Inquired if there would be some type of security? Ms. Miskel stated this will be a gated community. Attorney Cherof indicated the Commission has three different agenda items, 8-A, 8-B, 8- C and 8-D which was moved from 6-C. Commissioner Katz noted pending the cost to the City, they move forward with the enhancements to the park, where would that language need to be attached. The site plan as offered now, does not have the upgrades because they are subject to the City's willingness to fund those upgrades. Attorney Cherof indicated the Commission has the public representation which would occur with a follow-up item when the time comes. 21 Page 426 of 665 Meeting Minutes City Commission Boynton Beach, Florida May 1 , 2018 Mayor Grant stated they are moving to approve the Boynton Village and Town Village Master Plan Modification 18-002. Motion Commissioner Casello moved to approve. Commissioner Katz seconded the motion. Vote The motion unanimously passed. C. Approve Cortina III 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, JKM Developers Mayor Grant requested a motion to approve. Motior Commissioner Casello moved to approve. Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed. D. Approve the "Cortina PUD Replat Three" record plat, conditioned on the approval being the certification of the plat documents by Gary Dunmyer(City Engineer). (Moved from 6- C) Mayor Grant requested a motion to approve. Motion Commissioner Casello moved to approve. Commissioner Katz seconded the motion. Vote The motion unanimously passed. 9. CITY MANAGER'S REPORT-None 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS-None 22 Page 427 of 665 Meeting Minutes City Commission Boynton Beach, Florida May 15, 2018 12. LEGAL A. 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. Mayor Grant read Proposed Ordinance No. 18-006 by title only on second reading. Motion Commissioner McCray moved to remove Item A and B from the table. Vice Mayor Romelus seconded the motion Vote The motion unanimously passed. Attorney Cherof read Proposed Ordinance #18-006 into the record by title only. Attorney Cherof stated this was tabled because it was a notice requirement to be sent to the State of Florida. That information has been attached to the backup and an actuarial report. This was implementing the collective bargaining agreement previously approved. Motion Commissioner Katz moved to approve. Vice Mayor Romelus seconded the motion. City Clerk, Judith Pyle called the roll Vote 5-0 B. PROPOSED ORDINANCE NO. 18-007 - SECOND READING - PUBLIC HEARING - 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 Attorney Cherof read the Proposed Ordinance 18-007 into the record. 23 Page 428 of 665 Meeting Minutes City Commission Boynton Beach, Florida May 15, 2018 Motion Commissioner Katz moved to retable. Vice Mayor Romelus seconded the motion. (Tabled to 6-5-18) Vote The motion unanimously passed. C. PROPOSED ORDINANCE NO. R18-008 - SECOND 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 Attorney Cherof read Proposed Ordinance #18-008 by title only on second reading. Attorney Cherof indicated he needed the Commission to adopt an amendment to change the effective date to July 18, 2018 to allow some fee issues to catch up with the ordinance. Motion Vice Mayor Romelus motioned to adopt and change the effective date to July 18, 2018. Commissioner Casello seconded the motion. City Clerk Pyle called the roll Vote 5-0 Mayor Grant stated the next meeting was a public input meeting on May 29, 2018 at 6:30 pm. indicated if the Commission had any items they wanted on the agenda, please contact staff. Commissioner Casello stated some items on the future agenda have been there for quite a while. He would like to get some of the future items onto the agenda. Mayor Grant indicated most of those stated June 2018. Commissioner Katz needed to clarify this was a public input meeting, the entire agenda was for public input. The Commission was not going to have a budget meeting until the summer. 24 Page 429 of 665 Meeting Minutes City Commission Boynton Beach, Florida May 15, 2018 Mayor Grant stated if he wanted to speak about the trolley system he needed to have it publicly noticed. Commissioner Katz stated this was a public input meeting, he was concerned this could turn into a Commission budget workshop meeting. He was happy to entertain a motion to place this item as future agenda item. Mayor Grant indicated this was to be placed on the future agenda item for a Trolley system in Boynton Beach. Vice Mayor Romelus would like to have the Commission begin to discuss a downtown police unit in order to increase the police presence, as they go forward with creating the downtown areas, and allocating funds. Commissioner Katz asked Vice Mayor Romelus if she was asking about a physical structure or a task force. Vice Mayor Romelus stated this would be a task force. Commission Casello inquired about the police substation in Renaissance Commons. Ms. LaVerriere indicated it was some office space for the crime prevention staff. This space was not manned. Commissioner Casello asked how much was the rental for this space. Ms. LaVerriere indicated there was no cost for the facility. The City has been asked to move out of the facility. Vice Mayor Romelus inquired about 500 Ocean? Ms. LaVerriere stated she spoke with Acting Chief Harris and a space was offered by 500 Ocean. 13. FUTURE AGENDA ITEMS A. Staff to review PBC Ordinance on Panhandlers - June 2018 B. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Rolling Green Girl Scout Park C. Commissioner Katz has requested the City Attorney to provide update on legal issues with QPODD —TBD D. 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 E. Announce Budget Workshop dates and times 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. 25 Page 430 of 665 Meeting Minutes City Commission Boynton Beach, Florida May 15, 2018 F. Staff to report on the possibility of the City beginning a Bike Share Program - June 5, 2018 G. Agreement for Textile Recycling Franchise Agreement with FLSC, LLC dba Florida Textile Recycling Program for an exclusive City-Wide program - June 2018 H. Consider approving ILA with the CRA for funding associated with the NW 11th Avenue reconstruction bid associated with the Model Block Project - June 5, 2018. 14. ADJOURNMENT Motion There being no further business to discuss, Commissioner Katz moved to adjourn. Mayor Grant seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 9:22 p.m. (Continued on next page) 26 Page 431 of 665 Meeting Minutes City Commission Boynton Beach, Florida May 15, 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 27 Page 432 of 665 7.A. BIDS AND PURCHASES OVER$100,000 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-078- Authorize the City Manager to sign a contract with Killebrew, Inc. of Lakeland, FL for construction of water distribution system watermain upgrades on Ficus and Hibiscus Tree Drive, as shown in the attached drawing in the amount of $368,082.32 and a 10% contingency amount of $36,808 for unforeseen issues for a total cost of $404,890.32. Killebrew was awarded as Secondary Vendor as a result of Bid No. 036-2821-16/TP by the City on May 17, 2016. EXPLANATION OF REQUEST: A Request for Bids was issued for experienced Contracting Firms to submit line item pricing to perform pre- chlorinated pipe bursting of potable water mains (PCPB) on an As Needed Basis. Pipe Bursting is a trenchless method of replacing outdated or inadequate buried water main pipes. The new pre-chlorinated pipe is equipped with a bursting head and is pulled through the old pipe. The Scope of Work outlined in the request for Bid includes (but not limited to) the following: ■ Task 1 — Pipe Bursting at various locations ■ Task 2 — Connection to existing water service pipe ■ Task 3 — Maintenance of Traffic ■ Task 4 — Site and Pavement Restoration The selected Contractors furnish all labor, materials, equipment, incidentals and appurtenances to complete the "As Needed" Work as outlined in the purchase orders. Both submitting firms were evaluated and determined qualified based on their written submissions. The two prequalified firms are listed here as follows: Murphy Pipeline Contractors, 1876 Everlee Road Jacksonville Florida 32216 and Kellebrew, Inc. PO Box 6258 Lakeland Florida With City Commission approval, City Staff will issue a purchase orders (PO)for this scope of work. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This approval will allow City staff to issue a purchase order, based on the unit costs provided by this qualified contractor, to perform this potable pipeline replacement project. Water main replacement will provide increased capacity and reliability for the distribution of potable water and increase availability of fire flow water to this neighborhood. FISCAL IMPACT: The Utility FY 2017 -2018 Capital Renewal and Replacement Budget has funds for this work(403.5000.535.65.04) Page 433 of 665 ALTERNATIVES: Not approve the recommended proposal. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Contract with Killebrew Inc. D Contract Killebrew Contract D Quotes Killebrew Budge proposal for Ficus & Hibiscus Tree Dr. D Letter Killebrew Scope letter D Attachment Agenda Item 5-17-16 D Drawings Watermain upgrade plan D Bid Line item Bid Pricing Page 434 of 665 1 RESOLUTION NO. R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN A 5 CONTRACT WITH KILLEBREW, INC., FOR CONSTRUCTION 6 OF WATER DISTRIBUTION SYSTEM WATERMAIN UPGRADES 7 ON FICUS AND HIBISCUS TREE DRIVE AS A RESULT OF BID 8 NO. 036-2821-16/TP IN THE AMOUNT OF $368,082.32 AND A 10% 9 CONTINGENCY AMOUNT OF $36,808 FOR ANY UNFORESEEN 10 ISSUES FOR A TOTAL COST OF $404,890.32; AND PROVIDING 11 AN EFFECTIVE DATE. 12 13 14 WHEREAS, a Request for Bids was issued for experienced contracting firms to 15 submit line item pricing to perform pre-chlorinated pipe bursting of potable water mains on 16 an as needed basis; and 17 WHEREAS, the selected Contractors furnish all labor, materials, equipment, 18 incidentals and appurtenances to complete the "as needed" work as outlined in the purchase 19 orders; and 20 WHEREAS, the City Commission of the City of Boynton Beach upon 21 recommendation of staff, deems it to be in the best interest of the citizens of the City of 22 Boynton Beach to authorize the City Manager to sign a contract with Killebrew, Inc., of 23 Lakeland Florida for construction of water distribution water main upgrades on Ficus and 24 Hibiscus Tree Drive awarded as a result of Bid no. 036-2821-16/TP in the amount of 25 $368,082.32 and a 10% contingency amount of$36,808 for any unforeseen issues for a total 26 cost of$404,890.32. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 30 being true and correct and are hereby made a specific part of this Resolution upon adoption 31 hereof. CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\DB8A210C-312E-491A-8226-7780A5E26BE2\Boynton Beach.10722.1.Avward_Contract_to_Killebrew_(Watermain_upgrades)__Reso.doc Page 435 of 665 32 Section 2. The City Commission of the City of Boynton Beach, Florida does 33 hereby authorize the City Manager to sign a contract with Killebrew, Inc., of Lakeland 34 Florida for construction of water distribution water main upgrades on Ficus and Hibiscus 35 Tree Drive awarded as a result of Bid no. 036-2821-16/TP in the amount of $368,082.32 36 and a 10% contingency amount of $36,808 for any unforeseen issues for a total cost of 37 $404,890.32, a copy of which is attached hereto as Exhibit"A". 38 Section 3. This Resolution shall become effective immediately upon passage. 39 PASSED AND ADOPTED this day of , 2018. 40 CITY OF BOYNTON BEACH, FLORIDA 41 42 YES NO 43 44 Mayor— Steven B. Grant 45 46 Vice Mayor—Christina L. Romelus 47 48 Commissioner—Mack McCray 49 50 Commissioner—Justin Katz 51 52 Commissioner—Joe Casello 53 54 ATTEST: VOTE 55 56 57 58 Judith A. Pyle, CMC 59 City Clerk 60 61 62 (Corporate Seal) 63 CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\DB8A210C-312E-491A-8226-7780A5E26BE2\Boynton Beach.10722.1.Avward_Contract_to_Killebrew_(Watermain_upgrades)__Reso.doc Page 436 of 665 w CONSTRUCTION CONTRACT DRAFT RE-BID FOR THE PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS FICUS AND HIBISCUS TREE DRIVE WATER MAIN PIPE BURSTING THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "CITY", and Killebrew, Inc., a corporation authorized to do business in the State of Florida, hereinafter referred to as the "CONTRACTOR". WHEREAS, the CITY has awarded to the CONTRACTOR the work of performing certain construction services. WHEREAS, at its meeting of 2018, by Resolution No.: , the CITY Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.: , and; NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SCOPE OF WORK. CONTRACTOR shall furnish all plant, labor, materials, and equipment and perform all the necessary WORK in the manner and form provided in the Contract Documents entitled: Re-Bid Pre-Chlorinated Pipe Bursting of Potable Water Mains", Invitation to Bid #036-2821-16/TP. Article 2. CONTRACT TIME; LIQUIDATED DAMAGES. 2.1 The WORK will be substantially completed within 150 calendar days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.9 of the General Conditions within 30 calendar days from the date of Substantial Completion. 2.2 Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Each of the parties acknowledges that it has attempted to quantify the damages which would be suffered by the CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one has been capable of ascertaining such damages with a certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expense and difficulties involved in proving in a legal preceding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty)CONTRACTOR shall pay the CITY, EIGHT HUNDRED Dollars 800.00 for each day that expires after the time specified in paragraphs 3.1 for substantial completion until the WORK is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining WORK within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY TWO HUNDRED Dollars 200.00 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Boynton Beach Utilities-Re-Bid Pre-Chlorinated Pipe Bursting of Potable Water Mains C-1 Revised 4/27/2018 Article 3. CONTRACT PRICE. CITY shall pay CONTRACTOR, for faithful performance of the Contract, in lawful money of the United States of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum as follows: Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently revised and as stated herein,a copy of such Bid Form being a part of the Contract Documents, the aggregate amount of this Contract (obtained from either the lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: (Written) (Numerical) Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. CITY will process Applications for Payment as provided in the General Conditions. 4.1 Progress Payments. CONTRACT may submit an Application for Payment as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 4.2 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. 4.3 CONTRACTOR shall submit with each Application for Payment, and updated progress schedule acceptable to the CITY and a Warranty of Title/release of liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty (30) days after approval by the CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated progress schedule. 4.4 Ten percent (10)of all monies earned by the CONTRACTOR shall be retained by CITY until fifty (50) percent completion of the construction services purchased (defined as that point at which fifty (50) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached. 4.5 After fifty (50) percent completion of the construction work purchased under the Contract has been reached, five (5) percent of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion and acceptance by CITY. 4.6 The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: a. Defective Work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. c. Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS Boynton Beach Utilities-Re-Bid Pre-Chlorinated Pipe Bursting of Potable Water Mains C-2 Revised 4/27/2018 or for material or labor. d. Damage to another CONTRACTOR not remedied. e. Liquidated damages and costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the amount withheld, payment may be made in whole or in part. 4.7 Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. Article 5. CONTRACTOR GUARANTEE. CONTRACTOR warrants all work, materials and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one(1)year after completion of the WORK covered by this Contract. The CONTRACTOR,free of all costs to the CITY,shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. Article 6. CONTRACT DOCUMENTS. The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if attached hereto: 6.1 Notice to Contractors 6.2 Instructions to Bidders 6.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder,Approved Bid Bond, and all required certificates, affidavits and other documentation) 6.4 Warranty of Title/Insurance Advisory Form 6.5 Contractor's Performance and Payment Bond 6.6 General Conditions for Construction 6.7 Supplemental Conditions for Pipe Bursting 6.8 City Special Conditions `I' 6.9 City Technical Specifications `II' 6.10 City Construction Standards and Details `III' 6.11 Pipe Bursting Standards—Section 4 &Section 5 `IV' ARTICLE 7. NOTICE: All notices required in this Contract shall be sent by certified mail, return receipt requested and if sent to the CITY shall be mailed to: City of Boynton Beach Copy to: Procurement Services Attn: Joseph Paterniti, Project Manager Attn: Director of Finance City of Boynton Beach 124 E. Woolbright Road 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Boynton Beach FL 33435 Tel (561)742 -6423 Tel (561) 742-6322 Fax(561)742-6316 Boynton Beach Utilities-Re-Bid Pre-Chlorinated Pipe Bursting of Potable Water Mains C-3 Revised 4/27/2018 And if sent to the CONTRACTOR shall be mailed to: CONTRACTOR: Killebrew, Inc. ADDRESS: 2830 Winter Lake Rd CITY/STATE/ZIP: Lakeland, FL. 33803 PO Box 6258 Lakeland, FL 33807 Attn: William C. Thomas IV Tel: (863) 701-0273 Fax: (863) 701-0621 Article 8. INDEMNITY. In consideration of Twenty-Five Dollars($25.00)in hand paid and other valuable consideration, receipt of which is hereby acknowledged, CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its agents and employees, in accordance with paragraph 6.17 of the General Conditions which is incorporated herein and made a part hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes 725.06. It is further the specific intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the Specific Consideration. Article 9. REIMBURSEMENT OF CONSULTANT EXPENSES. Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Article 10. FLORIDA'S PUBLIC RECORDS LAW. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 10.1 Keep and maintain public records required by the CITY to perform the service; 10.2 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, Florida Statue or as otherwise provided by law; 10.3 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 contact 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, 10.4 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. Boynton Beach Utilities-Re-Bid Pre-Chlorinated Pipe Bursting of Potable Water Mains C-4 Revised 4/27/2018 Page 448 of 66J 10.5 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) 100 E. BOYNTON BEACH BOULEVARD BOYNTON BEACH, FLORIDA, 33435. 561-742-6061. PYLEJ@BBFL.US Article 11. MISCELLANEOUS. 11.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 11.2 CITY and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Boynton Beach Utilities-Re-Bid Pre-Chlorinated Pipe Bursting of Potable Water Mains C-5 Revised 4/27/2018 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 12018. CITY OF BOYNTON BEACH City Manager Contractor Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Boynton Beach Utilities-Re-Bid Pre-Chlorinated Pipe Bursting of Potable Water Mains C-6 Revised 4/27/2018 ATTACHMENT "A " . s �f Boynton Beach Utilities—Re-Bid Pre-Chlorinated Pipe Bursting of Potable Water Mains Page 449 OFF 6666j PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of Contractor) hereinafter called Contractor, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 20 , entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. Boynton Beach Utilities—Re-Bid Pre-Chlorinated Pipe Bursting of Potable Water Mains PFB-1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform such Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the most responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the most responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. This bond is issued in compliance with Section 255.05, Florida Statutes as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Boynton Beach Utilities—Re-Bid Pre-Chlorinated Pipe Bursting of Potable Water Mains PFB-2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Page 1 15 IJ Signed and sealed this day of 12018. Principal (Seal) Witness Title Surety Witness Attorney-in-Fact END OF PERFORMANCE BOND Boynton Beach Utilities—Re-Bid Pre-Chlorinated Pipe Bursting of Potable Water Mains PFB-3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of contractor) hereinafter called Principal, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, for the use and benefit of claimants as here below defined, in the amount of Dollars ($ ), for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 20187 entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material or both, used or reasonably required for use in the Boynton Beach Utilities—Re-Bid Pre-Chlorinated Pipe Bursting of Potable Water Mains PYB- 1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a. Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which such claimant is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for when the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer. b. After the expiration of one (1) year following the date on which Principal ceased work on such Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c. Other than in a State Court of competent jurisdiction in and for the County or other political subdivision of the State in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of a payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against such improvements, whether or not claim for the amount of such lien be presented under and against this bond. 5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, Boynton Beach Utilities—Re-Bid Pre-Chlorinated Pipe Bursting of Potable Water Mains PYB-2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Signed and sealed this day of 12018. Principal (Seal) Witness Surety Witness Attorney-in-Fact END OF PAYMENT BOND Boynton Beach Utilities—Re-Bid Pre-Chlorinated Pipe Bursting of Potable Water Mains PYB-3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Page 449 of 66J 0 CITY OF BOYNTON BEACH WARRANTY OF TITLE STATE OF FLORIDA COUNTY OF being first duly sworn, deposes and says as follows: He is of (Title) (Name of Corporation or Firm) a Florida Corporation ( ) Check One a Florida General Partnership ( ) a Florida Limited Partnership ( ) a Sole Proprietor ( ) which is named in Construction Contract dated the day of 20 , between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated , passes to the Owner at the time of payment free and clear of all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon such Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. Affiant Sworn to and subscribed before me this day of 2018. Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE Boynton Beach Utilities—Re-Bid Pre-Chlorinated Pipe Bursting of Potable Water Mains WT-1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED WITH FINAL APPLICATION FOR PAYMENT 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 Prod ucts-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 (anyone 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 $ 300,000.00 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 ------------------------------------------------------------------------------------------------------------------------------------------- P rope rty Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ------------------------------------------------------------------------------------------------------------------------------------------- Other- As Risk Identified to be determined ------------------------------------------------------------------------------------------------------------------------------------------- INSURANCE ADVISORY FORM Killebrew, Inc. ' P.O. Box 6258 Lakeland, FL 33807 Site Development,Utility Construction&Engineering tel: (863) 701-0273 fax: (863) 701-0621 BUDGET To: City of Boynton Beach Attn: Brandon Mingo Ref: Ficus and Hibiscus Tree Dr Water Main Pipe Bursting May 7, 2018 DESCRIPTION QTY UNIT $ TOTAL General Conditions G-1 Mobilization /Demobilization 1 LS $20,000.00 $20,000.00 G-1 MOT City R/W 1 LS $5,000.00 $5,000.00 G-1 Pre and Post Construction Video 1 LS $5,000.00 $5,000.00 Bond Payment and Performance Bond 1 LS $5,812.32 $5,812.32 1-1 Construction Survey and Record Drawings 1 LS $1,000.00 $1,000.00 1-1 Indemnification 1 LS $25.00 $25.00 Surface Restoration R-1A Sod 6300 SF $0.85 $5,355.00 R-1 B 6" Concrete 450 SF $8.50 $3,825.00 R-1 C 3"Asphalt 720 SF $9.00 $6,480.00 Pipe Bursting 2.1 6" HDPE 2055 LF $75.00 $154,125.00 Valves and Fittings 3.2 6" Gate valve 4 EA $1,650.00 $6,600.00 3.6 FH on 6" 2 EA $4,600.00 $9,200.00 3.8 6"Tee 4 EA $550.00 $2,200.00 Customer Connections 4.1.1 1"short side water service 18 EA $1,350.00 $24,300.00 4.2.1 2"short side water service 10 EA $1,800.00 $18,000.00 4.3.1 1" long side water service 20 EA $2,100.00 $42,000.00 4.4.1 2" long side water service 11 EA $2,760.00 $30,360.00 LineStops 5.1 6"Water main 4 EA $7,200.00 $28,800.00 $368,082.32 James Dickerson Page 452 of 665 IBr r Construction & Engineering May 7, 2018 To: City of Boynton Beach Re: Pipe Bursting Scope The purpose of this letter is to outline the proposed scope to accompany the budget titled Ficsus and Hibiscus Tree Dr Water Main Pipe Bursting and dated April 23, 2018 for a total amount of $368,082.32 The referenced budget was for the engineering design and installation cost to pipe burst using perchlorinated HDPE 2,055' linear feet of existing 4" water main on both Ficus Tree Dr and Hibiscus Tree Dr from Orange St ending at San Castle Blvd. It is understood that the existing 4" water main is either asbestos cement of cast iron. In addition to the replacement of the existing water main the budget includes the removal and replacement of 59 existing service lines from the new HDPE WM to the front of the meter, 2 fire hydrants, and 4 gate valves which will be sized (6") according to the replacement pipe size. Prior to construction a preconstruction video will be performed such that after completion of the pipe bursting all existing features will be restored to preconstruction condition or better. Other ancillary items included in the budget are mobilization to the jobsite,permit application completion and submission, welding and testing of HDPE pipe in accordance with AWWA C651 testing requirements, necessary notifications to DEP and or DOH (this includes resident notifications) of pipe bursting activities, restoration, maintenance of traffic,performance and payment bonds,project management from conception to completion of the project, and 4ea 6" line stops to isolate the bursting area (note-if valving can be used to isolate bursting area and linestops are not required then the City will not be billed for linestops). Items not included within this budget include any unforeseen cost such as removal of concrete encased pipe, warranty bonds over and above the standard warranty provided with the performance and payment bonds, any work on backside (private side of meter),plumbing repairs of private residence,permit fees, bonds required by regulating agencies over and above payment and performance bonds, any other fees by regulatory and or permitting agencies, surveying to include layout and or record drawings, brick paver restoration, adjustment of sewer laterals in conflict with water main upsizing, milling, overlay, and any water sampling over and above AWWA requirements. I have included a schedule below showing time frames for construction activities. Killebrew,Inc. •P.O.Bog 6258,Lakeland,FL 33807 •tel: (863)701-0273 •fag: (863) 701-0621 www.killebrewinc.net Page 453 of 665 Task N-- Duiation, NTP 0 days Engineering and 60 days Permitting Mobilization 1w Weiding and Testing 2wks of Pipe Soft Dig Locates and 1w Valve Installation Pipe Bursting I mon Restoration and 2wks, Closeout Thank you, Ian Lund Senior Project Manager Page 454 of 665 TA. BIDS AND PURCHASESV $100,000 5/1712016 CITY OF T M AGENDA ITEM REQUEST FORM COMMISSION . 5/17/2016 REQUESTED ACTION BY COMMISSION: Award the"Re-Bid for Pre-Chlorinated Pipe Bursting of Potable Water ins", Bid No. 036-2821-1fora two( )year period to Murphy Pipeline Contractors, of Jacksonville, FL as the Primary Vendor and Killebrew, Inc., of Lakeland, FIL as the Secondary Vendor. This bid will be utilized on a " Basis with an estimated annual a i re o 400,000. EXPLANATION OF REQUEST. BID TERM: MAY 17, 2016 to MAY 16, 2018 On April 20, 2016, Procurement Services opened two bids in response to the advertised Re-Bid No. 036-2821- 16/ 3 221- 16/ Contractors re instructed to submit line item pricing to perform pre-chlorinated pipebursting o potable water mains ( ) on an "AsNeeded" Basis. Pipe Bursting is a trench ss method of replacing outdated or inadequate buried ter main pipes. The new pre-chlorinated pipe is equipped with a bursting head and is pulled throughold pipe. The Scope of Workoutlined in the request for Bid includes(but not limited to)the f to °ng: ■ Task 1 —Pipe Bursting at various locations ■ Task 2—Connection to e)dsbng water service pipe ■ Task 3—Maintenance of Traffic ■ Task 4—Site and Pavement Restoration The selected Contractors will furnish all labor, materials, equipment, incidentals and appurtenances to complete the "AsNeeded" Work as outlined in their line item pricing submitted a bid package. Both Murphy Pipeline Contractors, and Killebrew, Inc., were evaluated and deterrnined qualified based on their written sub `scions. The three scenarios presented in the bid package are Lftilities projects that have been placed on hold until bid award. With City Commission approval, Wlities Staff will negotiate purchase orders for the scope of work as presented in Scenario no. 1, no. 2, and no. 3. After the initial two year bid term, bid documents allow for three additional one-year renewals terms, conditions and pricing; subject to vendor acceptance, safisfactory performance and determination t renewal will be in the best interest of the City. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This bid award ul allow City staff to issue purchase orders based on the unit costs provided by the qualified contractors to perform potable pipeline replacement Water main replacement will provide increased capacity and reliability for the distribution of potable ter as well as fire flow water to areas with increasing demands. FISCAL IMPACT. Budgeted Funds for this repair service will be available from a Utilities account number 401-2810-536-4&47. Page 262 of 477 Page 455 of 665 ALTERNATIVES: Not approve the recommended contractors as provided and request that a new bid for Pre-Chlorinated Pipe Bursting of Potable Water Mains be issued. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D D y D REVIEWERS: Department Reviewer Action Date F i Alibrana;, J,,,,111iie Aju,niove", Aflbran�.di, Awe A[,:,,;.fix t} (3, 2 6 P M 'rko",w,=r C 1, I i zL 0 P 14 . nson,, , , ! 7 A P P,;c.,ynn " "vt," 5:1 01,3 PMM , Lori A,. pr,,,,,,,,,,vecJ ".3/12201r�.,, 9:4� AM Page 263 of 477 Page 456 of 665 OZLB'oNV3 � �9all!9'mmm �zs-1(esel:.es .`jLILI2OlI[li13 AOIJO1l.IiSAOo _ f L.L fOBff lJ'Puela9e, j(] l aajsn3!:lj(] l pue jaajsn3s!q!H I = Peoya9e,a,...u!MOZfZ '�NI M�21a3 1 11� L08ff,J'Pue1a9eI 6ups,ina add 43888 uGWAGB BSZ9 xog'O'd aul'ma+9all!N r , ` n ( AA �{1 1 45 ril � � E4 C41\\ i ti - L M s SII , r 4 u i{ t r a ie , e 4 . r & ., ,1 L LJ a OL 3, W X.OL ` t h � r X tfi tt� 1 , � s 6 , BID FORM "RE4310 FOR THE PRE-CHLopimATEn PIPE 13URSTING WATER MAINS" BID The City of Boynton Is seekingimurn of two(2)qualified contractors experience In Pr"I'llorinated pipetip tilty system water mains. r Chlorinated ipe Busting shall include, t is not limitedto: 1)Pipe burstingi ri till n m Connection i tin r services, 3) Maintenance of Trafflc, 4) Ske restoration, pavement repairs, resurfacingtri in and, all labor, materials and equipmentnecessary to complete project(s), 8ubmftdByJq!1ebrew Inc. Dam. 4/20116 To fumish and deliver all Materials and to do and perform all WORK In accordance. with the Bid Documents, as Move: orderIn to be consideredfor this 1 Bidder must have Ruccesgirullycompletedit t similar complexity over the T, f° ) ® in t State- e r ui °vp . m document and must be able to 1° The undemigned BIDDERm if thisis accepied, to enter into an agreementl to perform and furnish liWORK as r in for tho scopes of work that ill i t° y t Basis'. BIDDERP if thin BIDi accepted, to prepare a Priml for each identift4d protectn the approved line item pricing submittedin the Schedule I ° 2. This I ill remain subject BIDDER will sign and submit t► for ) days after the day of l iopening, ocuments req after the date of CITY's Letter, HF-1THIS PAGE TO BE t j FOR BID PACKAME TO Off CONMERSD AND ACCEPTABLE Page 458 of 665 . to submtting this Bid., BIDDER represents,as imore fully 80 forth In the Contrad,that a. BIDDER has examinedthe Bld Docurnerits,Including the fb1Wrkg addande; Number US Number iDate M Moist !of which is hereby acknowledged', b. BIDDER has farnillarind Itself wfth the nature and extent of the w locality, and all local conditions n laws andUl ' ml In any manner may affwA cost, progress,potformance or furnishing h . C. BIDDER has given the C9TY wMen nollcef all confficts, errors or discrepneles that has dlocovered In the Bid Documents and the solution thereof by the CIT Y1 is accioptable to BIDDER. 4. BIDDER fumish the WORK in conformity with the and SPOCNIM10ne and at thft fine item pricing listed below. The Bid Prices quoted have been chocked andrte ed to be Such Bid Prices are fD*d and fin shall be paid r Va successful cOmPi0flon of Its obligation the Bid Documents, THE REMAINDER OF THIS T SLANK INTENTIONAUY Oral VIS PAGE T IN gRWR FOR DID PACMC TO 96 CON&DRM)ANDS PT Page 459 of 665 SCHEDULE OF BID ITEMS Re-Old for The Pre-Chlorinated Pipe Bursting of Potable Water Mains Bid No. Pre-ChlorinatedSCOPE OF WORK: The Scope of Work for it include, t is not limited a ) Pipe burstingt various Lialitytinny, 2) Connection to existing ) Maintenance of Tndfic, 4) Site restoration, pavemerd repairs, resurfaring and striping; and, all labor, materials, and equipment necessary to complete the City's projecits). The work shall Include I it labor, materlaks, equipment, incidentals work,complete the scope of Furnish and Install f 11 work and includes, but is not limited to preparation restoration requ1 1ete the designated line Items. ITEM DESCRIPTION CW 010 ITEM UNIT UNIT Section 1 GENERAL CONDITIONS 11° 1 111 1 r , i 1 t y GC_ 11 .O. r r � 3 La Le c re ly) PDES(if app9cable)may not exceed 1. the project Drawingsr i (if applimblis) Survey Construction Survey(V applicable actual cod reimbursement TOD TBO. ity 1-1 ndemnificatkinfindividual Projects L RESTORATIONR-1 SURFACE Sod OF -1 ®o �� .1 - 00 _,� �. ., w�m, .1 D =L.F THS PAGE AD BE KIRMnTM ALONG VJM PROPOM IN POP BID PACWK TO N CONSIDERED Page 460 of 665 OF BID ITEFA M INAPP COST PIPE BURSTING FURNISH AND INTALL Seado 2 1 a Bumd —Fumish and Inaftil—Per Linear Fact ZT -I -- LF ,finch HOPE DR11b Pra:Chbrinst LF 10-Inch HDPE 2.4 '12-inch HOPE Section 3 My**and F1 3.2 inch GattAbffl E 3.3 -inch Gate .4 2 Incl t V L n nn I 2-lach A U.UU F RNI 3.6nsta 1 F�, WILEIM.M1 Mra nit Analfi d-Mh.MjflLMAftL _4600,01 171 Install Fire H rant on A-Inch water main EA 3 FA 3.9 res 8x9x6 .1 W-qvn . e2 ee jWj0x6 104EA 10 EA ,14 'ran 11-11va EA is xl2x8 J7 Pft JjxJ2&%2 FA Seation 4 ustomer Connactions—Fumish and Install— 1 r Double 3smice 4.1 INGLE OR DOUBLE SERVICE to 1-inch Short Side Wow SWce Cani Ire EA _2 -inch Water Main FA 4A.3 4nch EA ------------- .1.4 104neh Water Main EAA 12-Inch Wister Moin EA 40v.uu 4.2 INGLE OR DOUBLE WE—RVICE 4.2.1 p to 2-Inch Short Side Waftr Service Connection(in EA !sing) 1800.00 4.22 inch Water Main 4.2.3 inch Water Main EA 4.2.4 1nch Water MainEA . 4 2-Inch Water Main E A 4.3 INGLE OR DOUBLE SERVICE 41A I-inch Lon Side Water Servk-.e Connscuon EA .2 h W*er In EA JOD 43�3_ Im Fqh Water Main .10 ch Waftr Main EA 4.3.5 12-Inch Water Ire BF-4 THIS PPAE TO N SURNIMMD ALOW W"M PROPOW IN ONDO FOR IND PACKAGE TO K CONSIDERED AND ACCEFTABLE Page 461 of 665 4.4 INGLE OR DOUBLE SERVICE 1 p to -Inch Long Sidai ti (i sin F-2760.00 �A. -inchi 4.4. h v. =„ Main 4. -Inch Water EA 5 .5 1 -inch �, .Water Main EA ..,. Section 5 Ire 5 inch Water Main m,:, 5.2 inch Vialor Mmd EA 5.3 104nch Water Main EA 5 1 -inch Water Main ITEMSEND OF SCHEDULE OF BID Ism THIS PME To R FINAINTMALONG VATH PNIPOW IN ORDER FOFI NO PACKWE TO K COMIDERMLE Page 462 of 665 COST ESTIMLATE FOR PIPE BURSTING SCENARIOS BID No. 036-2821-16/TP PLFASE PREPARE YOUR COST ESTIMArE PROPOSALS FOR EACH SCENANO OUTUNED BELOW BY USING "iSUBMITTED BP-4 AND 8M)AND SUBUff ON YOUR LETTERHEAD. SEE SUPPLEMENrAL Canaria*I Six—inSix-inGh water ma I i i that runs a length linear t to west)through the ansoment of a residential neighborhood at 4-feet dove. Thi i loops the t ; no residents am connected to it. No fire hydrants c: . The 0-inch widor main is wet topped off of a I inch transmission were r main that in In a FOOT roadwe y and t! R-Inch water In 300 linear test may on to a cityria y. doth 64nch valves are not looking r in good condition. FnOT approved rnmoved,The utilitythe water main to remainits current . MWE IS-02 Twelve—inch iron)water main that nine 250 linear ft. In utilityright- t f .At the dislance150 linear feet,the 12-Inch water main rcrium-sI 1 t Iran), Where the water main reducee from 12-Inch to an 8-Inch water main,there I 12-inch x B-Inch El-Inchreducer and an .iwo(2)fire hydrants, which ) Individual valves, are connected to the water main. " r . ident service lines that are fad by this water main, 1 long—s1long-side serviceliges and 8 short-side servicelines r a total of 20 rasident servIce lines. Restore sod to-various areas,Tha utili n . the water main to keep its was ration -mom reducing down to 8-Inch if possible. Iss 1 Four-inch runs In utilityright- y at a depth of Vest and a totall t lines r feet, Presently, there are not ens ..h Ifte hydrants on the strestin order to meet firs suppression . Uthity Is asking thot t - )m ®l cit x 6-Inch teas be Installed I line; positionf tees will be specifiedh it t ) -Inch valves to coinaldo for future Installation of three(3)fire hydrantri. The fire r ill be installed by the utility Ir date. There are13 short-side sonfices12 long-side for a tape of 25 resident serviceline& The utilitythe water main -i 8-Inch water main. THIS PMETO BE SUBMIWE)ALONG WAIN PPAVOM IN ONDPR FOR IND PACKME TO BE Page 463 of 665 Killebrew, Inc. P.O. Box 6258 1 Kw Lakeland, FL 33607 Site ky Constmeden&Engimmft is701-0273 : 3701-0621 SCENARIO I General Conditions -1 Mobilization f Demobilization 1 ,0 $20,000.00 -1 MOT City1 LS $5,000.00 $5,000.00 -1 MOT County1 LS $7,000.007, -1 Pre andConstruction Video 1 LS $5,00U0 , Surface Restoration -1 ®1 " ons P $8.50 ®1 "Asphalt 100 SF $9.00 $900.00 -1 D Curb p L 0 pe Bursting .1 °" HDPE 300 . " HDPE LF $88.00 .3 " HDPE 101. 1 " HDPE $13Z00 $0.00 FittingsValves and 3.1 Ivy ,450.00 $0.00 3. " $1,650.00 $0.00 3. "Gate valve $2,417.00 3.4 10"Gate valve3" 3.5 12"Gate valve , 3.6 FH on " 3.7 FH on 8" 0 EA $4$4,767.00 3.8 " 3.9 8x8 Too 0 EA $670.00 $000 3.10 "Too 0 EA $$775.00 3.11 3.12 1 . 113 1 0x1 1,1 3.14 1 $1,100.00 &15 12x8 Tee 0 EA $1,275.00 3.16 12xl 0 Tee 0 EA $1,350.00 3.17 1 °' $1,500.00 ConnectionsCustomer 1.1 1"°short sider service 0 EA $1,350.00 1. "Water main 4.1.3 "°Water main a EA $25U0 4.1.41 Water main 1. 12"Water main 0 EA $350.00 Page 464 of 665 4.2.1 "short side water service a EA $1,800-00 4. .2 6"Water main a EA 4. . "Water main 0 EA . 4. . r main 0 EA $350.00 $0.00 4.2.5 "Water main 0 EA $400.00 $0.00 4.3.1 1 long i r service 0 EA $2,100-00 . &'Water main 0 EA $200.00n 4. "Watermain ® 4. "'Water in ® . I "yWater main .1 " long sider service 0 EA $2,760.000. 4® "Water main "Water main "Water main 4A5 12"Water main .0 UneStops 5.1 "Water main $7,200.00 5.2 "Water main $8,800.00 5.3 1 "Water main 17, 0 . 5.4 1 "Water main $13,260.00 $0.00 Page 465 of 665 .- Killebrew, Inc. K. 6258 - . Lakeland, 33 7 Site ,,UNDO,Cw=wdan& "" .°tel. I; 701-0273 701-0621 SCENARIO 2 General Conditions -1 Mobilization Demobilization LS $20,000.00 $20,000.00 -1 MOT City1 LS $5,000.00 $5,000.00 -1 MOT County1 FDOT 1 LS $7,00U0 $7,000.00 -1 Pro and Post Construction Video 1 I-S $5,000.00 $5,000.00 Surface Restoration R-1A Sod 9400 SF $0.85 $7,990.00 ®1 "Concrete 1060 SF $8.50 $8,925.00 ® "Asphalt 0 SF $9.00 MOO R-1 D Curb Pipe Bursting .1 ' II . " HDPE 100 LF $88.00 $8,800.00 .3 10" HDPE a LF $101.00 .4 12" HDPE 150 LF $132.00 $19,800.00 Valves and Fittings 3.1valve 3.2 "Gate valve1, $3,300.00 valve 0 EA $2,417.00 3.4 10"Gate valve , 15 1 t 3.6 FH on " 0 EA $4,60U0 X00 3.7 FH on 811 2 EA UJ67.00 $9,53400 3.8 "'T 3.9 8x6 T 1 "T 7 3.11 1 OxG T 3.12 1 0x8 T 3.13 10x10 T 1,1 3.14 12x6 Tee 1 EA $1J00.00 $1,100.00 3.15 12x8 Tee 0 EA $1,275. 3 12x1 $1,350,00 $0.00 3.17 "Tee 0 E $1,500.00 $0.00 Customer Connections 4.1.1 1"short sider service 8 EA $1,350.001 4.1.2 "Water main 4.13 "Water main 4 EA $250.00 $1, 41A 1 r main 4AZ 12"Water main 4 EA $350.00 $1,400.00 Page 466 of 665 .1 "amort side water siervice a FEA $1,80HO 4.2.2 "Water main FjA $250.00 KOO 4. . "°Water main $300.00 $U0 4.2.4 10"Water main 42W 1 "Water main 0 EA $400.00 $0.00 .1 1" long side water servioe 12 EA $2,100.00 , "Water main 0. . "Water main 5 EA $250.00 $1, 0 43A 1 "Water main 0 EA $300.00 4.3.5 12"Water main7 $2,450.00 .1 " long sider servioe 0 EA $2,700.00 "Water main 0 EA MOM0. . "Water main 0 EA $300.00 $0.00 4.4 10"Water main "Water main UneStops 5.1 "Water main $7,200.00 6.2 "Water main a EA $8,800.00 5.3 10"Water main11, 5.4 1 "Water main 1 EA $13,260M $13,260.00 $151,809.00 Page 467 of 665 Killebrew, Inc. P.O. 625 Lakeland, FL 33807 : 701-0621 SCENARIO 3 General Conditions -1 Mobilization Demobilization 1 L $20,000.00 ®1 MOT City RAN 1 L' $5,000.00 -1 MOT County/FDOT 1 LS $7"000.00 $7,000.00 -1 Pre and Post Construction Video1 LS $5,000-00 , Surface Restoration R-1A Sod 9500 SF $0.85 $8,07&00 -1 B 6"Concrete 1250 SF $8.50 $%625.00 -1 " It 100 SF $9.00 $900.00 R-1 D CurbLF $3,000.00 Pipe Bursting 2.1 "HDP F $75.00 2.2 " IPP Boo LF $88.00 $70,40U0 2.3 10" HDPE 0 L $101.00 2.4 12" HDPE 0 L 1 Valves and Fittings 3.1 N'Gate valve1"450.00 $1,450.00 32 "°Gate valve10 $4,950-00 Gate l $29417.00 1 . 3.4 10"Gate valve .0 1 '° p, t i $3°550.00 3.6 FH €E ' 0 EA $4,600.00 3.7 FH on " $4,787.00 3.8 " 3.9 8x6 Too 3 EA $870.00 $2,010.00 3.10 ' Tee 0 EA $775.00 .1 3.12 1 3.13 10 1 0 T $1,100.00 &14 12x6 T $1JOU0 $0.00 U5 1 $1,275.00 &16 12x10 T $1,350.00 $0.00 3.171 $1,500.00 $0.00 Customer Connections 4.1.1 1°'short sider service 13 EA $1,35U017, 4.1.2 &'Water main 4.1.3 °'Water main 1 $3,250.00 4.1.410"Water main 4.1.512"Water main 0 EA $350.00 .0 Page 468 of 665 .1 "short side water service 0 EA $1,800.00 . r main 0 EA $250.00 $0.00 4. .3 "Water main 4.2.4 10"Water main . 1 "Water main 0 EA $400.00 4.31 1" long sider service 12 EA $2,100.00 $25,200.00 "Water main "Water main 12 EA $260.00 43A 10"Water main 0 EA $300.000 1 "Water main 0 .1 "long sider service "Water main "Water main 0 EA MOM `0. 10"Water main 1 r main 0 EA $400.00 UneStops 5.1 "Water main0 . Water main $17,600M 6.3 1 r main 0 EA $11,200M 5.4 "Water 1 .00 $207�42TOO Page 469 of 665 BIDDER agrees that the WORK YAIIbe subirtli'dially completed within TOD calendar days aftr the recalpt of the Notice to Proceed and final completion will occur within 30 calendar days efier the Notice of Substantial Completion. BIDDER accepts the provisions of the Contractas to liquidated damages int event of failure to Complete the WORK an time, Communicabons concerning this Bid shall be as fallow Contact Person William C Thomas IV Rusinaos Address PO Box 6258 CRY,State,7JP Code Lakeland:�L FL 33807. Business Phone Number 863-701 0273 Email Address fl i.6killebrewinc.net Coll Phone Number 863-559-9405 Other pertinent information os as fblloym, Ur-pnee Number wisamAttach copy) CGC1515807 Federal Tax wo 59-2952542 Federal Employment 10 0 59-2952542 Submitted an this 10thdayofpQ I 201 S. (if an Individual,partnership,or non-Incorporated organizatIon) Signature of BIDDER corporation) By (Affix Seal) Sigriature of BIDDER By William C Thomas IV - Presidnat Attested by Secretary Incorporated under the laws of the State of-Elodd ill t1 BID PRICES WITHOUT THE MANUAL SIGNATURE OF AN AUTHORIZED AGENT OF THE BIDDER SHALL BE REJECTED AS NON-RESPONSIVE,NON-CONFORMING AND INELIGIBLE FOR AWARD. [Remainder of this page left blank Intentionally] F-7 THM PAGE TO 99 SUNIfiff M ALM V61TH PROMAL 01 ORDLR FOR NO PACKAGE TO ME CONSIMED MO Acur""" Page 470 of 665 CERTIFICATE For Partnership) I HEREBY CERTIFY that a meetingthe n _. Partnemh1p under th,e laws of the Id on the folkWng resolution duly passed and adopt mRESOLVED, that as of the Pn hip, ° hereby authorized to exw.ute the Bkf Form dated between the City of Doynton Sewh. Madda,and this Partnetship, and that the executbri thereof,attested y the the Partnership the official act and deed of thisPartnership." I further resolution i in full force and efta. IIN WITNESS'WHEREOF,i have hwounto set my hand this day ` i urn) STATE P FLORIUA COUNTY OF Swam to and subscribed beftre me an this y of A in personally known M me or who has pnesented thn followinga of Ideffl1 ion; Signature f Notaq Public,Stffte of Madd Notaryseal(stampod in block ink) OR Printed,typed or stamped name of Notary and Cornmission Number DF7 nM PAGE TO W SUM4MM ALONG VATM OROM Page 471 of 665 a CERTIFICATE (for Corporation) 1, HEREBY CERTIFY that a meeting of the Bwrd of Directors of Killebrew.Ing, corporation under t ! I r __ hold A _ b_.. .t he following resof n was duly passed and "RESOLVED, that WilliamI , as President- Corporation, i authorized to mmute the Bid Form dated April 20th - -- i.. between the CityFlorida, and this Corporation, and thatexecution thereof,attested corporateby the Secretary of the Corporation and with l affrAd. shell be the offleial act and dead of this Corporation". further certly that such resolution IIn full force and oftct. IN IT , i ham hereunto set my hand thi i , secretaryI STATE OF FLORIDA COUNTY OF Pok to and f Sworn _ by In tY _. h� !� rc lly k� t� �p has r n d the follovAng type of id niffi °ori; .. Signature of Notary Public,State of Florlde ERSON Denise Henderson DENISE HEND My jMjs i N F 7 1 . l(stamrad In bkwk! ) .., `°FIRES December 2 ,2011 OR [(407�398-0153Printed, typed or stamped name of Notary and ' Commission Number IS PAGE To BE SuffiffirmIN ORDER FOR FAD PACM41 TO Cts AND ACMIFEAKE Page 472 of 665 A D D F N 0 A CITY OF BOYNTON BEACH BID TITLE: RE-1310 FOR THE PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS BID NO- 036-2821-16/TP BIDDER NAMIE' QW18 DATE; We propose and agree, if tft bid is mcceptod, to cont met with the City of Boynton Beach, in the Contract Form, to furnish mfi material, equipment, machfnM, tools, apparatus, means of transportation, construeflon, coordination, labor and services nwAnsary to complete/provide the work speelfied by the Contract documents. - HaVing studied the documents prepared by the CITY OF BOYNTON 8SACH, we propose to perfaffn the work of this Project according to the Contract documents and the folloyAng addenda which we have received: ADDENDUM NO. nATE ADDFNDUM NO. DATE ------------------------- ------------------------- -------------- ................ NO ADDENDUM WAS REC—FIVED IN CONNECTION WITH THIS BID A-1 YNS PME TO HE SURWHO ALONG WITH e Of OR= FOR rAD PNXAGE TO 09 CONSOPPED AND ACMW09U Page 473 of 665 BIDDER ACKNOWLEDGEMENT Submit Bids T o: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Flodda 33425-0310 Telephone: (661)742-8322 Bid Title: RE-Bl D FOR THE PRE-CHLORINATED PIPE BURffnNG OF POTABLE WATER MAINS Bid Number: 036-2821-IO/TP Bid Received By: APRIL 20, 2016, NO LATER THAN 2:30 P. M. Bids will be opened in Procuroment Samlow unless specified othemse Bid receiving date and time Is scheduled for: April 20, 2010, no later than 2:30 P. M. (local time) and may not be withdrawn within ninety(90) days aftr such date and time. All awards made as a result of this bid shall conform to applicable sections of the chartar and codes of the City. Name of Vendor: Federal I.D. r® A Corporeban of the State of, Area Code: Telephone Number, Area Code: FAX Number. 701-=4 Mailing Address, PO am,Mae city/statelzip: LOMMd,rL 23607-62M VendorMailing Date: � <10 " "' Authortzed Signature VNIUsm C Thmm IV-PmeNeM Name Typed THS PME W 59 WSW=ALOPM MTN PROPOSM IN ORM FCM NO MOMOE TO 0 COMMED COMPLER MO A=KAW Page 474 of 665 0 QUALIFICATIONSSTATEEMENT SIDDER shall furnish the followinginformation. All questions to be answered in full, without exception. If I r documents will provide the appropriate answer to the question, clearlythey may be attached and labeled. FailureI is requirement will render Bid j tl m Additional shosts shall be attached as required. 1. BIDDERS Name,Principal Address.Phone and Fax Number. MsMw, PO Box G= LmknMnd,FL 3=7-OM 27 PIM 2. Number of years as a Contractor in i �., _ �� 3. Names and titles all officers,partners or individuals doing business under trade WNW C Thwas N Ondy 0 Adurnsen 4. The in I : Sale ProprietorshipPartnership r,n cor�Ioratlon 5. Name, address, and telephone number of surety company and agent who will provide the required bonds on this ® un P0B=7=8CMzrR@0ftJA52407104=4= Flan Nd SWIs 200 MaMwW,FL 3MI d 6. What is the lost projectre that you have completed? 7, Have you ever failed to complete . If no,when,where and No THIS PAGE TO K SUMMITRID ALONG WIN PROPOM IN FOR IND PACKAGE TO 21 CONSIMMID CMPLM AND ACCEPTMMU Page 475 of 665 Have u personally InspwW the proppropmW WORKand do you have a campWat r Performance? yes 9. List Ws r We your ownpany has worked 1br within the past th c$yeam,(List 2 other thRm thom shown C,ro-C, mm" &mmn contsstC&� %,%Ymw Tai: 4amnumm, Far » # jen No,2 1 .List three,910NIFICANT PROJECTSp this tha pastfive years. s CWY Your S W Date � ; 1P � A�'G�3mA t� lay Tal, NW6 Abffnft Your a27 at Lam' SonpDate awls ��779 US 27R Z355,=,00 T4210 e " 11. List three SIGNIFICANT J u under construction. cftled oowcft mpobwatmg,m 11 L rmP ° 16itif oilract Date Q201@ No- Em 11L I corltractiry cower C4 contral mmamwn e Project your 8 LwdaYxLdkWAnd Submeum S DL% �E CM,ftagng Park County FL COnIM Mark Addw PE �2 IS PASE70 BE SUBMIT=ALONG'WITH PROPCom IN,CKWN FOX FND PACME TO W CMIDINED Page 476 of 665 M LoCation.'Cowircly subwhod I D96 pralrA Caaw CRY Phave III WI`s s�al fiC;�tl ns^s 3 .�,.,.aha"'{�t"�'.ins;�•,r.�.�-,,:�x�.�.-.,k",,..�,,, � .,a«��.:,,:._,..:.=,ru::�:",.,.,,.�,.,.:, ....�.F.�.v., „ `�-�.��:a.�... ,,.,.,..:�:,,._..,...�,.®.�. .,,,,.n........,, .�,,.-��„e.,.,��.,..-�.�,,, ...:�-�.,,��.,.:._,..:._,..:._,..:._,..:,_,...,_,..:..�. 1 . Diet the pertinent axperience of the key individuals of your organization(confinue an Insert sheet,if necessary). S. T r ,Wx -ffMTtmrwaJmn%es DWMM,a,Ion Lund,Snre 1,ftn , OndyAdamwn,MmV G'w Chw*. d `1t% lira DwrW Flghw&Min Adam t . State the name and licensing of the Individual li have personal supervision of the WORK, 1 'fl C Thwime 14, Will you subletn this ? If so,ghm dewils. 1& What equipment do you own that is availablefor the WORK? §a t - What equipment will you purchase fbrt d I ? t ------ IT What equipmentl nt for the proposed WORK? I& Has the Mar or any principals of the Firmfallfalled to qualify as a responsible Bid r, refused to enter into a contract after an mard has been mwM, failedto complefturian r been declared In d. fit In any contract in the Wt ( ?If ye% please implain belm NO m THIS PAGE TO 09 SUBMITTIML IN CHMM FOR ED PACOGE TO IBE CONDERED AND ACMffAIM Page 477 of 665 WILLIAM , IV, PhD, PE ExPERIENCE' 27 YEARa ExPERIENCEENGINEERING EDUCATION: 1 IENCE IN CIVIL ENGINEERING, UNIVERSITYI BACHELOR'SI ,GEORGIA SOUTHERN UNIVERSITY REGISTRATIONS IDA PROFESSIONAL ENGINEER, No. 50664 CERTIFICATIONS: FLORIDAit ! , FLoRjDA CERTIFIED , FLORIDAIED PLUMBING CONTRACTOR, FLORIDA1RE PROTECTION SYSTEM CONTRACTOR V, No. TRAFFIC19741400012010 FDOT ADVANCED MAINTENANCE OF I °Ti QUALIFIEDFDEP MODIFIEDINED FOR ASBESTOS-CENIENTITIOUS PIPE GEORGIA I , No. UM101880 WORK ExPERIENCE' ONE-THIRD , PRESIDENT-KILLEBREW, INC. 2012-PRESENT VICE-PRESIDENTIGENERAL MANAGER, KILLEBREW, INC., LAKELAND, FL,2000-2012 Management of up t I revenue company and up to 150 employees, t include ity operations, budgeting, t t i planning, ti , and project management. Professional engineering design, hydraulic modeling, permitting. i preparation review. t r li rpt relations and technical l . ENGINEERIENGINEERING MANAGER, POLK COUNTY UTILITIES, BARTow, FL 1990-2000 Design, ' i construction capital i r r . Permitting/permit I f water and wastewatertreatment facilities. Hydraulic modeling r capacity and water quality evaluations. I t t technologies and equi . Manage Repair and Replacement Capital Program - t . Contract management of consultants contractorsi permitting i services. ADiUNCT PROFESSOR, UNIVERSITY 1 , LAKELAND, FL 1998 Teaching t environmental engineering core courses. INSTRUCTORIPRESENTER AND AUTHOR, 1996 TO PRESENT Teaching, presenting, and wdtingvarious seminars, courses, presentations, and articles r industry-specific symposr , conferences, trade journals, and continuingti Page 478 of 665 MANAGER,PROJECT GA 1987-1990 ! ®9 ! Manage utility and roadway contri i rcities, ti r i Department of Transportation, f Highway Administration. Field i constructionlayout. Cost estimating, i r ti of and project management. PROFESSIONAL ACHIEVEMENTS AND AFFILIATIONS Numerous technical t t technologies treatmentand issues, collectioni tri i tem rehabilitati Member: Water Environment Federation, Florida it Association Page 479 of 665 JAMES E. DICKERSON RESUIVIt CONSTRUCTION ESTIMATING MANAGEMENT EDUCATION' MUL13ERRY HIGH SCHOOL, MULBERRY, FL EXPERIENCE:WORK OWNER I SHAREHOLDER I VP, KILLEBREW, INC., LAKELAND, OPERATIONS MANAGERICHIEF ESTIMATOR, 1 , INC., LAKELAND, FL, Chief ti tr and projectr of bidding, construction, project undergroundof ili construction i i projects. i li tin i potable tri wastewater, reclaimed water and stormwater systems, General duties include i preparation, i negotiation, lir and subcontractor pricing i ion, managing and schedulingprojects. CHIEFI , SEWER TECHNOLOGY, INC., MULBERRY, FL, 1987—1988 Designed, fabricated, and assembled parts for sewer pump trucks. Trained supervisedIoyees to perform these tasks. CHIEFI REFINER, SOUTHERN STATES AssAYERS AND REFINERY, LAKELAND, FL, 1986—1987 Refined ious metals and performed assays on the purityi I t determineit value. Trainedi i to perform these tasks. CHIEF1 r PAGE AviATION, ORLANDO, FL, 1985—1986 Read and interpreted aircraft 'r I assemble, and install various aircraftinclude ili fuel calls and refurbishjets. supervisedI to perform these tasks. CHIEF , PIPER INDUSTRIES, LAKELANo, FL, 1980—1985 Read and interpreted itcraft design plans to manufacture, assemble,� install various aircraftinclude iwindshields, l q fuel cells, wing-doublers Cheyenne 4 TurboProp plane. Trained and supervisedI these PROFESSIONALI I I Underground i f Florida Mid-Flodda UtilityTransportation Page 480 of 665 IAN LUND RESUM� EXPERIENCE: 15 YEARS EXPERIENCE IN CONSTRUCTION AND SURVEYING EDUCATION: KATHLEEN HIGH SCHOOL, LAKELAND, FL UNIVERSITY OF SOUTH FLORIDA,TAMPA, FL WORK EXPERIENCE' SENIOR PROJECT MANAGER I ESTIMATOR, KjILLEBREW, INC., LAKELAND, FL,2005-PRESENT Construction cost estimating, managing, and design of projects ranging from $5,000 to $20,000,000 in size. Nature of projects is site development, now and rehabilitation utility construction of water, wastewater, stormwater, and reclaimed water systems. Scope of projects includes pipe sizes from 2-inch to 72-Inch pipe of various types, pump stations, structures, and ancillaries. Duties include take-offs, pricing, bid preparation, meeting and coordinating with engineers, owners, inspectors, subcontractors and in-house superintendents and crews. Design experience includes working with in-house professional engineering staff, CAD staff, owners, right-of-way entities, and other utilities for the design and permitting of utility projects of similar size and scope and described above. Design duties include preparation of maintenance of traffic plans under the direct supervision of a professional engineer, meeting with owners and right-of-way agents to review, discuss, and finalize maintenance, of traffic plans; design of utility and pipeline project under the direct supervision of a professionaI engineer; and preparation of regulatory agency permit applications of these projects. Maintenance of traffic education instruction experience includes working with in-house Advanced Maintenance of Traffic Certified Instructor and Florida Professional Engineer to prepare coursework and administer course and field training for flagging courses and certification; prepare coursework and administer course and field training for intermediate maintenance of traffic courses and certification; and administer and assist in grading exams of flagging and intermediate courses. NORTH POINT LAND SURVEYING, INC., LAKELANo, FL 2000—2005 Survey crew member (rodman to party chlef) for site surveying, to include construction layout, as-bulfts, parcel surveying and mapping, and mortgage surveys. Page 481 of 665 BRUCE D. HEROLD RESUME EXPERIENCE'. 21 YEARs ExPERIENCE IN THE CONSTRUCTION INDUSTRY EDUCATION: LAKELAND SENIOR Hiam SCHOOL LAKELAND, FL WORK ExPERIENCE.' PROJECT SUPERINTENDENT, KILLEBREW, INC., LAKELAND, FIL 2009-PRESENT Manage construction of multiple projects ranging from $50,000 to $15,000,000 in size. Nature of projects is new and rehabilitation utility construction of water, wastewater, stormwater, and reclaimed water systems. Scope of projects includes pipe sizes from 2- inch to 72-inch pipe of various types, pump stations, structures, and ancillaries, Duties include day-to-day management, supervision, scheduling, and coordination of crews, subcontractors and suppliers, meeting and coordinating with engineers, owners, and inspectors. FOREMAN, ® INC., LAKELAND, FIL 1998—2009 Field supervision and management of new and rehabilitation utility construction projects. Nature and Scope are 2-Inch to 72-inch pipe of various types, pump stations, structures, and ancill arles. PIPELAYER, KILLEBREW, INC., LAKELAND, FL 1997-1998 Field supervision and management of new utlifty construction projects. Nature and Scope are 2-inch to 72-Inch pipe of various types, pump stations, structures, and ancillaries. PIPELAYER, MARLON DUNN, LAKELAND, FIL 1994-1997 Field supervision and management of new utility construction projects. Nature and Scope are 2-inch to 72-Inch pipe of various types, pump stations, structures, and ancillaries. Page 482 of 665 CINDY D. ADAMSON RESUIVIt IENCE: 32 YEARS EXPERIENCE IN ACCOUNTING HIGH,AUBURNDALE, FL STATEIDA NoTARY, CommissioN ONE-THIRDWORK F-xPEPJEkCE: ,VICE PRESIDENT , INC. 2012 -PRESENT CHIEFI I , KILLEBREW, INC., , FL, 1990-PRESENT Perform complex accountingit l ing acceptable accountingprocedures to the preparation it r Profit and Loss Statementsusing accountingt r ® Supervise and train office1. Administer and participate in selectionhealth, compensation, and casualty insurances and other employee benefits. it I i i reports and dailyI i t business ® IROTATIONAL1 r INC., BARTow, FL 1983-1988 complexPerformed ing while applyingt ing procedures to the preparation and maintenancer r li i t and Loss Statements, accounts payable and receivable , as well as perpetuali hand. Supervised and trainedi I to perform secretarial, cledcal, and bookkeepingi other duties as required. Participated in annual budget preparation. Administered r health, a compensation and casualty insurances and other employee benefits. Prepared financial daily report and transferred accounts.money between bank ASSISTANT1 , AUBURNDALE, FL, 1975-1982 Work under the supervisionf the Officer® Primary function ll, t include compensation, group healthinsurance, , tax statements, calculating i time it as maintainingIrecords of approximately loyees. Maintaining a per t l inventory. l i r skills to all accounting programs, receivable, l , invoice illi , and journal entries to the generalI r. PROFESSIONALB ! 1 Member f the National Notary Association "" Florida Division Page 483 of 665 JIMMY PACCORMICK EXPERIENCE.- IN THE CONSTRUCTION TION: KATHLEEN HiGm SCHOOL, LAKELAND, FIL WORK I . PROJECT SUPERINTENDENT, KJLLEBREW, INC., LAKELAND, construction FIL 2006—PRESENT Manage ti Ie projects ranging , in size. Nature of projects is new and rehabilitation si l , utility constructionwater, wastewater, stormwater, and reclaimedt t includes i sizesf 2-inch -i i f various types, pump stations, structures, and ancillaries. i include day-to-day t, supervision, scheduling, and coordination rews, subcontractors and suppliers, meetingcoordinating i engineers, owners, and inspectors. FOREMAN, ! ., ! FIL 1995-2006 Field i i rehabilitation it development, utility construction t r r -inch to 72-Inch pipe , pump stations, ructures, and ancillades. IINC., PLANT CITY, FIL 1993-1995 Lead pipelayer of new utilityconstruction j re 2-inch t72-inch pipe of variousstations, structures, and ancillaries. CONCRETE, - 1993 Foreman f r pipe constructionnew utilityconstruction r jNature Scope are -inch to 72-inch pipei t , and ancillades, sidewalks, curb and gutter, retaining wall , etc. PIPELAYERe EMPIRE PIPE, LAKELAND, FL 1980-1991 Foreman r pipe constructionutility construction r j r Inch to 72-inch pipevarious , structures, ill . Page 484 of 665 CHUCK EISENHAUER RESUM� EXPERIENCE: 31 YEARS ExPERIENCE IN THE CONSTRUCTION INDUSTRY EDUCATION: WESTERN WAYNE HIGH SCHOOL, SOUTH CANNAN, PA WORK EXPERIENCE'. PROJECT SUPERINTENDENT, KILLEBREW, INC., LAKELAND, FL 2004—PRESENT Manage construction of multiple projects ranging from $5,000 to $12,000,000 in size. Nature of projects is new and rehabilitation site development, utility construction of water, wastewater, stormwater, and reclaimed water systems. Scope of projects includes pipe sizes from 2-inch to 72-inch pipe of vadous types, pump stations, structures, and ancillades. Duties include day-to-day management, supervision, scheduling, and coordination of crews, subcontractors and suppliers, meeting and coordinating with engineers, owners, and inspectors. FOREMAN, IOLLEBREW, •s LAKELAND, FL 1989-2004 Field supervision and management of new and rehabilitation site development, utility construction projects. Nature and Scope are 2-inch to 72-inch pipe of vadous types, pump stations, structures, and ancillaries. FOREMAN, UTILITY PIPING SYSTEMS, INC., LAKELAND, FL 1981-1989 it supervision and management of new utility construction projects. Nature and Scope are 2-inch to 72-mch pipe of various types, pump stations, structures, and ancillades. Page 485 of 665 DARRELL FISHER RESUM� EXPERIENCE: 36 YEARs EXPERIENCE IN THE CONSTRUC110N INDUSTRY EDUCATION' LAKELAND Hiam SCHOOL, LAKELAND, FL WORK EXPERIENCE: PROJECT SUPERINTENDENT, K1 ■s LAKELAND, FL 2013—PRESENT Manage construction of multiple projects ranging from $5,000 to $12,000,000 in size. Nature of projects is new and rehabilitation site development, utility construction of water, wastewater, stormwater, and reclaimed water systems. Scope of projects includes pipe sizes from 2-inch to 72-Inch pipe of vadous types, pump stations, structures, and ancillades. Duties include day-to-day management, supervision, scheduling, and coordination of crews, subcontractors and suppliers, meeting and coordinating with engineers, owners, and inspectors. FOREMAN, KILLEBREW, INC., LAKELAND, FL 2012-2013 Field supervision and management of new and rehabilitation site development, utility construction projects. Nature and Scope are 2-inch to 72-inch pipe of various types, pump stations, structures, and ancillaries. FOREMAN, SWELL CONSTRUCTION,OV]Eoo, FL 2011-2012 Field supervision and management of new utility construction projects. Nature and Scope are 2-inch to 72-Inch pipe of various types, pump stations, structures, and ancill arles. FoREMAN, CATHCART CONTRACTING,WINTER SPRINGS, FL 2009-2011 it supervision and management of new utility construction projects. Nature and Scope are 2-inch to 72-inch pipe of various types, pump stations, structures, and ancillaries. FOREMAN, MARLON DUNN CONTRACTING, PLANT CiTy, FL 1994-2009 Field supervision and management of new utility construction projects. Nature and Scope are 2-inch to 72-Inch pipe of various types, pump stations, structures, and ancillaries. FOREMAN/OPERATOR,TRUJILLO CONSTRUCTION,WINTER HAVEN, FL1991-1994 Field supervision and management of jack and bore operations, sizes from 2"to 80". FOREMANIOPERATOR, PROFESSIONAL CONTRACTING, LAKELAND, FL 1989-1991 it supervision and management of new utility construction projects. Nature and Scope are 2-inch to 72-Inch pipe of various types, pump stations, structures, and ancillades. FOREMANIOPERATOR, UTILITY PIPING SYSTEMS, INC., LAKELAND, FL 1978-1989 it supervision and management of new utility construction projects. Nature and Scope are 2-inch to 72-inch pipe of various types, pump stations, structures, and ancill ades. Page 486 of 665 JOHN ADAM RESUIVIt EXPERIENCE'. 25 YEARS OF SURVEYING INCLUDING w AND 3 YEARS OF PROJECT MANAGEMENTIPROJEcT DESIGN EDUCATION: m mOR HIGH SCHOOL, LAKELAND, FLORIDA TRAviss CAREER CENTER, LAKELAND, FLORIDA CERTIFICATIONS: wmL 3D-USING GISIN mENVIRONMENT AuToCAD CIVIL WORK EXPERIENCE: PROJECT DESIGNER, KILLEBREW, INC., LAKELAND, FL. 2014-PRESENT Design, permitting, and constructiont of capitalimprovements projects, Permifting/permit renewals r and wastewater treatment facilities. HydraulicI!ng for capacityr quality evaluations. Utilizing an arrayf different ideas, sources, supplied markupssurvey date, GIS data & PDF r highly informative i ty detailed final il drawings, record drawingsconceptual designs. CHIEF/CADSURVEY CREW MAPPING Supervisor I ! , including i tng design ideas and gatheringfield I current field conditions. i , multiple construction projects where field r ideas were implemented. SURVEY CREW CHIEFICAD DRAFTER, RAPID SURVEYING, INC., LAKELAND, FL. 2009-2011 Project t for the preparationthe qualitycontrol for the timely I ti all projects. l r! it from the completenessthe fieldassuring the quoted letion date is achieved. i tti calculation I Idata, reviewing r quality control on makingr . SURVEY CREW CHIEFICADWILL , LAKELAND, FL. 2001 -2008 Supervisor of a fieldcrew, including reviewing desi ideas and gatheringfield i currentm lconditions. °tPreparation of surveys and conceptual design drawings, including Bou , Topographic, As-Built and ALTA surveys. Preparation legal description and sketchi it Commitment documentation. SURVEY CREW CHIEF, ORDER A SURVEY, LAKELAND, FL. 1991 -2000 Company liaison r ' r multiple pmjectsi li t requests are met and exceeded and in a timely r. Daily reviewj ress and weekly meetings with all personnel to assure timely lig light i l l . Page 487 of 665 - p° sa.—,nw krt aee ®�p.. a.a arr rn w• BUSINESSSTATE OF FLORIDA DEPARTMENT OF CONBTRUCT ® OARD 0USTRY 1The GENERAL CONTRACTOR iD� Named below IS CERTIFIED Under t Ifn aha r F . i ` n 31, 1 ILL IWILLIAMLf I 2830 WINTER LAKE ROADLAKELAND L ISSUED: 00/1 W2014 DISPLAY AS REQUIREDL1405150001665 RICK SCOTL GOVERNOR KEN LAWSON,SECRETARY STATE OF r- . t 114 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD no NDERGROUND mod b1L Ty IED II �EXCA�VATIOIN Under the provisions of Char 489 FS. Expiration date: AUG 31,2pte16 THOMAS,WILLIAM CLIFFORD I , KILLEBREW, INC.2830 WINTER LAKE ROAD LAKELAND FL"33803 00u OWED: OV16=14 DISPLAY AS REQUIRED BY LAW CEO# L1 1E 0MI771 RICK SCOIT GOVERNOR KEN LAWSON,SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD .. p- _ CFCe 51 M The PLUM Ill m� Named Ibeow IS CERTIAE6 : Linder the provisions of Chapter 439 FS. Expiration date: AUG 31,2016 THOMAS,WILLIAM .EW, INC. L , l KILLEBR 283OWNTER LAKE ROAD' LAKELAND L 33803 rr� 16, Page 488 of 665 MAIM. nAnAIMIA nigPI AY AR Rpni impn Ry I AW Woo I IcftAIR W IM d- at( ff 3 Sta Board,"' �' eery L,fit it zJ at, 1 iJl`+t31i{41 ,u ` tJamt i ` iar b�'t t FBPE is authorized under the provisions 6 `r, offer engineering services p g � Vidor1 chapter 471, Florida Status. Ekqdnto the public through a Professioa�al tion: 2/28/2017 '� r �, a ,,� �� v C.A.Lu.No: ,S� ,3,; "�� '�, �� Audit 17 1839 ��°` d I k4 iYd i its , 9720 rt da, 0", S,t a ti,", Boarc j" pers WHI ■i m W^ r i 471., Florida Statutes 8upix�►*= M8t2017 P.B Lic.Na: Audit No. 228201712104 Page 489 of 665 COUNTY LWAL RUSINTAX RECF[Pr, ACCOUNtNO, f _ OWMER NAME- WOW ; a J f MMF K, typ OMRAL HILI PAW,#M t 1Q ` ,CQhl�Rl P 11�►IPdt PQ F�D7t 41S�B #�U#7&� P #t71k1A#. WOO [;A1M.i4M�� 1 � F G,M 4,00 Ax- "LOOTOIC' i cr4 574,7 ; Page 490 of 665 JBVLV DIMONDP m akyfi 'LORIDA DE;PARDUNT OF MANCUL SERNqCE,9 DMMOH OF STATE FMMARML ALM413.3644 William 2830 Wk&w Likke Rd4 jebrw Inc. "l � i '� mjm ending no more ftn I foot above the nwshed floor. swWca as dafmadm,' the aat ad Issw Date: 07/0 MO I Type, 09Clan: 14 COUM'Y: Polk 197414-0001-2010g � Ys Page 491 of 665 i €i The m undersigned. i a r om,a Find"corporation,,CIM hereby com in FollovAng Resolution >t inI n annual -n ns"provided by ft 'It i wri to the adoption of theFlorida Statues: RESOLVED AS FOLI.OWS. t i € to wr4ln the llowinil ii der'Cl51 :taid ofrlcm,,to save i� until their annuaPresident William C. Vice- Thom"IV Pmsident ames Dickewn Secretary Cindy D.Adwwon Traft Aftwon Vice-Prmddent Cindy D.Adwison , October , 2015 wifflam C.Thomas I Shmholder a 13treeWr 'gdo-4 1 0� Cindy D,X SharchoiderI r ma Page 492 of 665 .State q2Florida, certifyDepartie-nent of State C ! INC. is corporation organized I ! tFlorida, l May' , | . documentThe nutriber of this " is K90178. Rather certify that said corporation December 1 2015,thati ropect annual report/uniforin businessreport was filed on January 22, 2015,and that its status is active. further certify that said corporation has no! filed Arficlesi ! iO , Givenr ar hand and the Great Seat of ! the CV&4# ' the Tenth day ofAvr4 7 •�.�/�\�/\} �� - {\?� »m«^ « a ' k ' n # »m% & ! #flee r ! # A le ,! k«! r, ■ ! m ■ «!Instructions = rJ r p ■ ! , m ! % e m! & % o 3 0 665 ® Vivify I -Company Informdon n4 E k1E-Verify : WGICOMD UM,M Lon LaVM r.P Em -tend iilt`''Verification ClndyAdamsan CADA16021 PM-02WW01 6 Lxg;Ogym M(arw 0 W help In'rr"",�, Company Information vw"rw C""vim Company Name- Killebrew,Inc. Edit Company ID Number. 368030 ray° ,,€uah �a DoingI neas As(09A) Name., I'fi,a >+rc o aafnni€arA DUNS Numbar, 082611522 Physilcal Location: MaNing Ado Address 1: 2530 Winter Lake Road 1: P Box 5258 Saar Addrses 2. Address 2: a afu' °rad naCity: Lakeland l m Lakeland raa Qanrrw a N'.voru,,a°tna tate: FL L Code:ZJp 33803 , 33507-0255 sawn fru as'ar L Additional : rarer d nary Employer Identifleation Number.,592952642 Total Number of y 20 to 09 'S"hrr"";au,1;,s,rs,r, Parent Organization: r aawUS Administrator: Organization Designation: Employer zine of these categories apply NAICS Code: 237-HEAVY AND CIVIL ENGINEERING CONS CTI f Total Points of Contact: 1 14= f Page 494 of 665 l i IM 4127=09 KILLEBREW, II . Time: 05:14:15 AM JOB STATUS LITII Job Number Job Name J5 Status ET001 I T 1-1997 FORD F35D-RED&WHITE-SPARE In Progress ZBT004 1999 FORD F250 J9 In Progrew ZBT008 1997 FORD BOOM TRUCK-REHAB In Pmgmss E0007 CAT D313 DOZERI 02119 In Progress E00'1T SNI 5002 In Progress E0020 T LGP CRAWLER DOZIER S/N 2CJ00538 In Progress ZE0021 WA320 LOADER SIN A25150In Progress E0022 1995 BOMAG ROLLER001527 In Progrew ZED03G CAT 93BG WHEEL LOADER 1523 In Progress EO043 LAY-MOR SWEEPERTRACTOR In E ZE00" ZEOD44 VACTRON In Progress ZE0047 762A JOHN ERE SCRAPER In Progress E0051 2004 JOHN DEERE 20OLC EXCAVATOR ZED054 WA250 WHEEL LOADER 11 73555 In Progress ZE0055 3300 CAT HYDRALIC EXCAVATOR In Progrew ZE0058 480 KOBELCOIn Progress E0059 135 KOBELCO In Progms E0050 135 KOBELCO S/N YH030208 In Progress ZE0062 WA200 DON In Program ZE0063 WA200 In Progma ZE0064 1997 0 D VIBRATORY977005 In Pmgrees ZE0085 KOMATSU D31 CRAWLER SIN 50885 In Progrms ZE0068 WA32OL-aU S/N 60675 In Progress 2E 57 30OL -7L KOMATSU S/N A86723 In Progrus ZE0068 WB140-2N KOMATSUt 1 7 In Progress E0009 WBI40 KOMATSU 21527 In Progrew Page 495 of 665 E0070 CAT 613B WATERO In Progress E0071 KOMATSU HYDO PC78 SIN7 In Progms 0072 KOMATSU 70-5 S/N H50344 In Progress , D074 93BG CAT LOADER I CR 02505 In Progmes ZE0075 MASSEY FERGUSON TRACTOR In Progrew 20075 CAT 42OE BACKHOE LOADER S/N KMWO083 In Pmgreas 0077 MALA GEOSCIENCEY LOCATOR GPR In progress ZE0078 2006 I OM T U L 20 I n Program ZE0079 LAYMORI 15 In Pmgmss ZE0080 JOHN DEERE . TO O X037577 In Progrm 1 2 28779002 2 0032 Ntrac Corp. 2001 Komatsu PO75UU-3O SIN 20831 E0003 ®1 MINI EXCAVATOR SIN2373 ZE0084 2008 CAT 420 BACKHOE S/N OKMWO2382 0055 BE GO WORK GOLD CART W/CAB&DOORS 416B CAT BACKt85G13446 ZE0088 200t 2147 O7 ZED089 2007 NEW HOLLAND5 EXCAVATOR SIN N4TN80075 00 0 2006/07 KOBELCO EXCAVATOR SINYH03-02619 0091 2014 KOMATSU WA270-7 WHEEL LOADER SIN: 7055 1998 LAYMOR 813 BROOM TRACTOR 1-002 ZE0093 GOLF CART CARRY ALL LONG MED ZE0094 2008 NEW HOLLAND O H ;31057814 ZE0095 20D6 KOBELCO235SR SIN YID 0921 E000 2011 Kobeloo SK35OLC Olen Excavator YCOBU2220 ZEOO 7 2014 KOMATSU WA270-7 SIN A27096 0 2004 Komatsu WA320-SL Loader A32170 ZE0099 2004 Kobalco10LO YOOS-UI484 0 00 2001 Kobeloo SKI35 LO YHOI-01082 Page 496 of 665 ZE0101 Vag Tran model 0 PMDOOODTE 21119 Added Croallay Trailer W71' ZE0102 2DOO Laymor SHC 3 Whi Sweeper 31754 ZE0103 Komatsu W - L Loader A32435 Global Equip. 01 2010 Cat 246C High Flow Skid Steer Loader CAT024OCKJP Ritchie wr2016 AJLR 72"Rotary Skid Steer Broorn No SIN wffornahawk4 "Skid Steer Forks ZED105 2008 LwBoy LIDOOT Pneumatic ph It Paver 49414 RKchle ZE0106 Wacker Roller 1. Ton Double Drury Smooth Gat 20074336 United Rentals ZE0107 Lay-Mor OHB Broom Tractor oompleted o 79.003 M&W Global Equip. Cob,Water Tanks,Tow Bar all other std equ,ip ZE0108 Page 497 of 665 . List and describel (Wunteiry or involuntary) is I y or against the Bidder, or subsidiaries or prodacessor organiratione, during the past t{ ( ) Include in the description. I Iti . Nam 20. List Il claims. arblitrations.administrativerig lawsulls brought by or against the Bldder or' pradecessor r rpt ion(a)during this last t° y list shallinclude all case case names, arbitrationr hearing Identificationu ., the name of the project which the dispute description of the subjectthe dispute. . Is the Biddercurrently in ul loan agreement or financing agreement with any tiank, finandal institution, or other t If yes, specify In detailsthe circumstancest resolution No 21 Bank References(include name,j i r of contact person) Minimum t SaAftehad 23. Annual Avierage Services Rievenuer for the lost three years as follows*. 6-.—" rev , . ��.„.n�,°u u��w._. mn.....0 uuuuuuuu l Rdated Work ServicesroftO Work a+b Index-Number than 1 Opa N A t o t I t r,$250 _ uF1111111111111-1 t .. ( M. .„uuuuuuuuuuuuuuuuuuuuuuuuuuuuA . ,y_ t”'milliont less 1� million mill' le then . illio mililim to less than I ilfl n t l tli Till' THIS PAGE TO BE SUPMnTPD AWNG WrM PROPOSAL IN OF2FR FOR ED PACKAGE TO 01 CMDERED AND MMPTAPU Page 498 of 665 BANK REFERENCES Pladrulm Bank 724 Florida Ave. S. Lakeland. FL 33801 Contact Ruth Marsh Phonw. 883416-1234 Fac 883-327-8795 AocL#0212542001 laid Florida Credit Union 129 S. Kentucky Ave. S19,5M Lakeland, FL 33801 Coitact Jessica Wnter BOM16-2168 Creek Fox 86MI 8-2183 AccLO"3117 TRADE REFERENCES Godwin Pumps of America, Int BarnWs Pump P OBox 191 P.0. Box 3259 Bridgeport NJ 08014 Lakeland, FL 33802-3259 Phone:850-467-3536 M' Fergueon Underground 7816 Professional Place Tampa,FL 33637 Phone:800-456-1488 Fax:813-988-SM Page 499 of 665 24he BIDDER who pimposm to Peftrm WORK T speclied and shown an the Dravfta is submiffing this Bid Form. The Schedule of 91d Pdces shown on the preceding pe.gWs) has buon calculated and tabulated using basic material pric", The bloyAng is a list of Snaterhalmanufad.urem and subcontractom whose materials and services such BIDDER propo6aff,to fumish and 01ze If awan3ed a CONTRACT for the WORK spWled hn and shown on the Plans, It is understood that the following list Is not compleba, but Includes the nanlas of manufacturers of the principal components and subcontractors raupplong principal services to such pecL It Is also understood that 0 awarded a Contract,the BIDDER Vail furnish the m*4dals of the manufacturem and utillm the swvioss of the subcontracUn stated hn and that if for any reason whaftoever BIDDER w1shes to substitute materials or subcontrwom BIDDER Aall request parmlsftn In writing from the CITY stating fully the reown for making such a request prior to orftring "M All man tsar or their authortzed vandars hm been made aware of all the SPproprietS P01tiOnfl Of the Did Documents end agree that their indedels vAll mfM ell of ft mquirementg MOW therein and delivedes will be scheduled so as not to impede the progress of the WORK, Item Manufacturer 'HOPE PIPS Fifts UrknW ............ ...................... THIS PAGE TO BE SUBMITLED ALONG VMM PROPOSAL IN OPWR FOR WO PAOME TO RE WNSIMM AND ACCIffMLE Page 500 of 665 The BODER acknowledges and understand% that the In contained In response to this l° e " Statement shall be relied upon by CITY In awarding the contract and rush Information Is warranted by BIDDER to be true. The discovery of any omission or misstatement that materially aftets the BIDDER'S qualifications to perform under the cantred shall cause the MY to reject the Old, and If aftw the award,to cancel and terminate the award and/or contract, The BIDDER also acknowledges that all lon listed shows may be chocked by the CITY and authorizes all entities or persons listed above to answer any and all questions. BIDDER hereby Indemnities the CrN and persons or entities listed above and hold them hess from any claim afting from such authorization or the enrclse thereof. Including the disserainnhon of Wormoon requested above. By MIM C Thm"W-RUMM 4=10 Dole 5Q-6 THIS PM TO BE SUBMWW AWNG WIM PROPOM IM 009a Felt NO PACKAGE TO W CMDEMDAND AWWrAMLE Boynton Beach UUII§m—RE-BID Pipe ameng Page 501 of 665 CONFIRMA'nON OF DRUG-FREE WORKPLACE IDEWMALIMM Preference shall be given to businesses with drug-free workplace programs. Whomever two or more bids which are equal with respect to price, quality, and service are recohmd 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 cart Ilea that It has Implemented a drug-free workpI ace program shall be given prefervince in the award process. Established procedures for processing bet bids vwHl be followed if none of the tied vendors have a drug-free workplaco program. In order to have a drug-free workplace program, a business shall- 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action*that will be taken against employees for violations of suoh prohion. 2) Inform employees about the dangers of drug abuse In the workplace, the buneas's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and empI oyee 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 O® notify the employee that, as a oondifion 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 contenders to, any violation of Chapter 893 or of any controlled sub*tanoe I ow of the United States or any state,for a violation occurring In the workplace no later then 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuxe 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-fte workplace through implementation of this section. An the person authorized to sign the statorn94 I cerft that this firm complies fully with the above irequiroments. Vendoes Signature Willom C Thman IV-ftmidud PAvn=SAAch UNIMM—RE-BID Pipe WrOaq Dr1w-I Irmo PAGETO BE SUBVIn-FED ALONG WITH PROPOSAL IN ORDER FOR 810 PACKAGE TO RE CONSIDERED COMPLETE AND ACCEPTAFILF Page 502 of 665 M mr rk Tent Killebrew,inc,(Killebrew)strives to maintain a safe,productive drutfree workn l n . Killebrew considers the use of alcohol or drugs on the job be an unsafe and counterproductive work practice.Thea use of drugs and alcohol Is seen as a serious threat not only to Killebrew staff andcustomers to the entire community, Killebrew,Inc.has written and implemented a Drug Free Workplace programire compliance with Florida Workers Compensation Rule -F ,Florida Status 440.101 and 440.102,and the Federal Drug Fre Workplace act of 1988. Employee r testing andreferral for counseling procedures have been Implemented In ith provisions for supervisory and employee substance abuse education. Killebrew has established the following policy withand to the use,possession,or sale of Illegal d rugs r t he abuse f alcohoL Substance abuse Includes possession,use,purchase or sale of Illegal drugs on Killebrew premises (including parkin lots).It Is againstKillebrew ll to report to work or to undertake o under the Influence of drugs r alcohol.This Includes prescriptions drugs which Induce an unsafe ental or physical state.The use,sale, purchase,possession,manufacture,distribution or dispensation of controlled substances(illegal drugs)on Killebrew roe or work sits Is against the law and Killebrew policyand Is cause for Immediate is a An employee reporting r work visible Impaired and/or unable to properly perform allowedo .Ifpossible,thesupervisor noticing t I gutted duties will not be Impairment ill first a another supervisor's inion of theemployee's con ition.The supervisor will then consult privately with the employee to determine the cause o the observation.Including whether substance abuse has occurred, If,in the opinion of the supervisor(s ),the employee is considered Impaired but not under the influence of Illegal drugs or alcohol,the employee ill be seat home or to a medical facility by taxi or other safe transportation alternative, the se impairment,accompanied depending on t determination o the supervisor or another employee,If possible or necessary.!f, however,In the opinion supervisor(s)reasonablesuspiclon exists to Indicate the Impairment is a result of the use of Illegal drugs or alcohol,the employee will be asked to submit to a drug and/or alcohol tst,transported to the designated drugscreen collection sa icai facility,and then transported home If necessary. Impaired employee will not be allowed o drive. Killebrew,Inc,maintains a DrugFree Workplace for the protection of all employees,customers,clients,and t he business an entity.Florida law provides r a denial ofWorkers'Compensation medical and Indemnity benefits for employees,whoe Injured hila working and subsequently positive drug test result.[Florida Statute 400.102 and W.C.Rule 38F-91,Additionally,an employee who refuses to undergo ost- cci n rtesting ill be denied Workers'Compensation medical and Indemnity [ .C. F- n loyee ain slti dru to result ill also seriouslyJeopardize his/ rseligibilityfor Unemployment o p neat; n benefits. Supervisors will counsel an employee whenever they see changes!n performance that suggest an employee has a problem.The supervisor will suggest that the employee seek help with the problem through Killebrew Employee Assistance Program. P—Alcohol&Substanceu Prevention Programs-800-329-6334 Page 503 of 665 NON COLLUSION AFFIDAVIT OF PRIME BIDDER State Of FWft County of-p'* WRIAM cmom"IV being first duly emorn. deposes and says that: i) He is pft� Of KJlldxw,Ina (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 aftchad bid and or all pertinent circumstances, rospecting atich bid-, 3) to hid is genuine and is not a collusWe or sham bid-, 4) Further, such bidder nor any of Its officers, partnera-, ownem, agents, representaM% employees or parties in interest, including thka aftnt, has in any W.9y colluded. conspired, connhied or agreed, directly or Indiredly with sIny other 'bidder, firm or prwrson to submit a colluslire or sham bid in conriRfAlion with the Contrect for Mich tho attachod bid has been submitted or to refrain ftm bidding in connection with such Contract, or has in any manner, directly or Indirectly, sought by agreement or collusion or communications or coolerence with any ottm 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 cast olament nf the bid prk4e or the bid prico of any other biddor, or to secure through any calluslon, conspiracy, connivance or unlawfU agreement any advantage against ft ._a—ptLkr—ftnBuch - (Local Pubic Agency) or any Damon ftreeW in the proposed Contract;and 5) The price or prices quoted In the attAchad bid are Mir and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bldder or any of its agents, repmentathm. owers, employees, or parties in interest including this effient. (Signed) (Title)-- Subscribed and sworn to before me DENISE HENDERSON This la day of A0 2Q� 0 FF J1 7 ic Ir 2 F MYC0PMWSSi0N#FF07sg17 W My commis3Ion explim EXPIRES December 25,2017 Ze 00M (407)L39a-0153 11,11dellul..y-ftvlce.orlm Bayrdan Beach UNNes—RE-BID Pipe BumvM NCA-1 THIS PAGE TO BE 3USIMITrED ALONG WM PROPOSAL IN ORDER FOR 810 PACKAGETO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 504 of 665 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ftk COUNTY OF'PXtV BEACH !® f undemigned hereby duly mmm, depose and any that no portion of the sum herein bkJ vAll be paid to any employees of the City of Boynton Bsach as a commission, kickback, reward of gift, directly or Indireedy by me or any member of my firm or by an officer of the corporation. By: NAME-SIGN ' URE Wiftm 0 Ibmw VV-Pf"&ffl Swam and subscribed before me ® 2M day of Ae"' 20 le Printed Information: YWILm 0 Thwas IV NAME TITLE NOTARY PUBLIC, BMW of Florida K%bM*Wit, at Large Dww Henft— , N 1 7 December 2.9 H�N E D COMPANY DENISE HENDERSON My COMMISS ION#FF078,917 D 5 IH7 PI or EXPIRES ember 2A 20017 ,x (40-A 3,28-0153 Flo r I da N "OFFICIAL NOTARY SEAL" STAMP Boyrftn DeachUte Ilm–RE-Mo Pipe Bineq AKA-1 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR DID PACKAGE TO BE CONRIDERED COMPLETE AND ACCEPTABLE Page 505 of 665 TRENCH SAFETY ACT AFFIDAVIT On October 1, 1990, House Bill 3183, known as the Trench Safety Act become low. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 20 CFR.&1928.650, as Florida's own standards. The Proposer, by virtue of Its signature below, affirms that it Is swam of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on aIl persons employed by the Contractor and its subcontractors. The proposer is also obligated to identify its anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE, VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE- COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT (90-90 LAWS OF FLORIDA). THESE ITEMS ARC A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. IN ORDER TO BE CONSIDERED RESPONSIVE, THE PROPOSERS MUST COMPLETE* THIS FORM, I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN AND SUBMIT IT WITH THEIR BID DOCUMENTS. Killeb N, Inc. Name of Proposer -Zu—thorlzad Signature—of Pro—poser - William C Thomas IV - President *COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING HEADINGS: Description Unit Quantity Unit Price Extended Price Method �-A 6= box fbr shielding Shoring Boynton ftach UtIfta-RE-BID Roo Bu" TSA-1 THIS PAGE TO BE SUBMITTED ALONG VWTH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE Amo ACcepTAeLE Page 506 of 665 if SAFETY PROGRAM COMPLIANCE Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference shall be given to. contractors with an established safety program following O.S.H.A. guidelines, and documented results establishing a safe working-environment, 1. Bidder shall provida a copy of the Safety Program(s) to be In effect for the duration of the Contract(attach to the back of this form). 2. The City reserves the right to conduct periodic safety inspections of the contractor, subcontractor, employees, agents, eta. th mug hout the duration of the Contract. ® The City reserves the right to terminate the Contract where ft Is determined that the contractor or subcnntractor is in non-compliance of the safety terms, regulations or requirements established by O.S.H.A. or the State. As the person authorized to sign the statement, I cerdfy that this firm complies fully with the above requftwnents. ti AUTHORIZED SIGNATURE M1hUMC'MWR@1V-P1WWWd B"M BanM U10hMe—RE-BID Pipe Bumft SPC—I THIS PAGE TO BE BUBMrffED ALONG WITH PROPOBAL IN ORDER FOR DID PACKAGE TO BE COMSIDERED COMPLETE AND ACCEPTABLE Page 507 of 665 WARRMTIES In consideration of, end to induce the Award of THE CITY OF BOYNTON BEEACH, FLORIDA, Construction Contract described int Bid Documents, the Contractor represents and warrants to the City of Boynton Beach,Florida- Ie r is financially solvent and sufficiently exparlenced and competant to perform all of thework.required of the Contractor Int Construction Contract,and 2. That the facts stated In the Contractors Bid and information given the Contractor pursuant to the request or proposal for Dift, instructions to Contractors and Specifications are true and correct In CAII respects;and 3. That the Contractor has mad and compiled with all of the requirements set forth in the request for Bids,Instructions to Contractors and Specifications;and 4That the Contractor warrants all materials supplied by it under the terms of the Construction Contract are delivered to the City of Boynton Beach, Florida, free from any security interest, and other lion, and that the Conbactor is a lawful owner having the right to sell the some and will defend the conveyance to the City of Boynton Beach, Florida, against all persons claiming the whole or any pad thereof,and & That the materl.As supplied to the City of Boynton Beach, Florida, under the Construftic ContrA?A are free from the rightful claims of any persons whommover, by way of Patent or trademark Infringement or the like;and a. That the materials supplied under the Construction Contract are merchantable within the meaning of the Uniform Commercial Code Section 2-314;and 7. That the materials supplied under M a Construction Contract are free from deNcis In materials and workmanship under normal use and Service and that any such materials faimd to be defectilve. shall be replaced by the Contractor as per the attached Warranty. a. That the materials supplied pursuant to the congftuctlon Contr are fit for the purposes for which they are Intended to be used; that under normal Liao end maintenance the mateftl will continue to be fit fnr�such purposes for the warrPrity period after dolivery. preMded that the City shall give the Contractor notice that the materials failed to fulfill the warraW, such notice shell state in what respect the materials have failed to fumil the warranty, WMM upon the Conimcor shaII be allowed a reasonable time after receipt of such notice to cinect the deAw And the it agraw to cooperate in this regard If the materials cannot be made to fulfill the Cordract within the warranty period the ContracW will other furnish duplicate materials, or at Its option refund the amount paid, which shall constitute a Settlement in full for all damages occaffioned by reason at this vmrronty of finess;and 9. That this Warranty is Included in exposures for wtfth the Contractor has Products liability and completed operations insurance, In minimum amounts of One Hundred Thousand (S100,000.00) Dollars for property damage and Three Hundred Thousand W00,000-00) Dollars for personal injury as shown on the Certificates of such Insurance attached herato, and the Contractor agrees to keep such insurance coverage during the period of this Warranty,and Bwflbn Beach Weiss-RE-810 Pipe Swarq WAR-i THIS PAGE TO BE GURNMED ALONG WITH END IN ORDER FOR PACKAGE TO BE CONOIDERED COMPLETE AND ACCEPTABLE Page 508 of 665 10. That it is an expresii condition of this Warranty that the Itern(a) hereby vorted shall be operated and maintained by the City In accordance with the manufacturer's recommendations as to those portions of the 1tarn(s)that are not tk&ed by the Contractor, and in accordance with the Contractor's recommendations, a copy of which has either been suppile d to the City of Boynton Beach should maintain complete and swurate records made at the time of pefformanos of maintenance showing compliance with such instruGilons, and by acoeptanas of this Warranty, the City of Boynton Beach, Florida.agrees to present such records to the Contractor upon requetit In the omnt of a claim herounder by the City, 11. The foregoing Warranties apply as a minimum and are supplemental to other Warranties offered. They are not substituted,but in addition to,any other Warranties offered;and 12. That it is agreecl and understood by the Contractor that the City of Boynton Besche Florida. is Induced to anter the Construction ConW4 in reliance upon this Warranty. SIGNED,waled and de1hrored onthl4Nkof April (SEAL) CON"N'RACTOR: 7- By ® William C Thomas IV- President Burtm Beach U911ko-RF-BID Pipe Waging WAR-2 THIS PAGE TO 13E SUBMITTED ALONG VATH IND IN ORDER FOR PACKAGE TO BE CONSIDEREO COMMETE AND ACCEPTABLE Page 509 of 665 CONFIRMATION OF MINORITY OWNED BUSINESS This requested fonin to be made a part of our files for future use and informadon. Please mi out and Indicate In the appropriate spnom pmividad which caftory best deacribes your company. F46Wrn this form with your bid Proposal sheet making ft an oftal part of your bid response. Is your company a Minority Owned Business? "0 Yes No If Yes, please indicate byan%"In the appropriate box AMERICAN INDIAN ASIAN BLACK HISPANIC WOMEN OTHER NOT APPLICABLE (specify) Do you Possess a Cerffication qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this cartifirsdon was obtained and date: Issuing Orgentzation for Cerfification 15;te of�CertlfWbn - BOYMM BGWh WINN-RE-BID P.1pe OwWft M08-1 THIS PAGE TO BE SUMMED ALONG WrrH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 510 of 665 SCHEDULE OF TtPARTICIPATION BIDDERS U PP A DETAILEDLISTING iii o )PARTICIPATION OF ANY PORTION OF THIS FOR ANY REASON. t rIi MAIN CONTRACTOR NAME: MlWbmw,hi 'IMNOPITY � ; t )OTHER(speadw MINOWY NAMEADDRES&PHONE OF TYPE OF WORK CLR PIED EXTUS DOLLAR %OF ME 0 SUBCONTRACTOR TO BE r 4 *(See 4 4 AMOUNT TOTAL PERFORMED 1391 mo my YesLNo LArmn's Graftq&PavingPNva 3895 US Hwy 17 N Sarim,F.33830 x unimoam Unkown @83433-1155j Land P POO=804 ,FL 33802 8a3-648-2363 I i unwwm F Borgm Such LEON - M TM PAGE TO N IMMITDRD ALWO VM PROPOSAL In ORCER PACKA02 TO BE OMSIDERM COWL02 AND ACCEPTAKE Page 511 of 665 BID No.- MAINSRE-BID FOR THE PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER The Contractor In that the Inspector General of Palm Beach County has the authority Investigate and audit matters rei ithis Contract, and in furtherancef may demand and obtainr and b subcontractors and Iomr der subcontractors. The contractor n that In ll other providedlaw, tfailure rlow tier subcontractors to fully Inspector General when requested, may be deemed by the municipality this justifying . Killebrew, Inc. William Title: President Date: 4/20/16 Boynton Omh U —RE-BID Pipefine OIG-1 THIS PAGE TO BE SUBMITT11DIN ORDER FOR BID PACKAGE M BE CONSIDERED L Page 512 of 665 No. " FORTHE PRE-CHLORINATED PIPE BURSTING OF POTA131E WATER MAINS" BID NO.: 036-2821-16/1? "ACKNOWLEDGEMENTADDENDUM No. 1 1 ACC NAME OF COMPANY PRINT NAME y�n � p�_g________� req y �PR �Y. aC"' ,.0 d Sd i TURE . �IEN DATE4a�4_ Page 513 of 665 e20� u,ft�r' �i� ("i+a v AAW " `�� a� F �s s0� � ✓ ria, 5 �r APRIL This colificate confirms thst thb companyhave beer trained on the following- * i m * T120 u r 2 12 4101 CeMftcate of Attendance 1 - O to CdAlft&a P "CIC & a & K � m Q Box$209 Lakeland,FL 33807 514 of 665 + z _. :. 04tt��. a a sz R; "mom F+w4a r"*y_AI Fwk xis TM09 iftsgmverCI cx a .m fr rug Nupwx qlwlaw v^emw 0*4vvwq "'6s Ps Ike xtrewir'Onft Pfuml^.a ps.Mp ?ftuowumor D *Wp m ;' ` A € °'FERW " 0eN a of Cov"Pled'ort ""i�.zU+:r � �t;4.y"_ x,��'d#';fi�r°fa=titl�§'��y' �s f„sg�� >• r-M,PON,panow'u-srs 11 ":_t el,61� }3'� ING a smm t awm ' Dos w &*E'keg".ti FIN ata € � tx out We#k�" e+ 4. �� ar corilstpfn C� amosAw to ej C* cm of compiswin Cerwicate of . ar; ;h t2kh! "II WdLakeland,FL 33NT O=shwdm&EngbRWW n NCi 515 of 665 Killebrew Inc, states that all employees who will be workingi qualifiedtrained and are r r states that all employees who will it cleared to work on restricted projeds procedures. L"and,FL 33007 ConWmAdon&EnshRNaOe 516 of 665 7.B. BIDS AND PURCHASES OVER$100,000 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 REQUESTED ACTION BY COMMISSION: Authorize utilizing the Palm Beach County Bid#17-005/ZG for Landscape Installation with A Cut Above Landscape & Maintenance, I nc. of Loxahatchee, FL for Public Works Forestry & Grounds Division to salvage and relocate existing trees and palms located within the Town Square project for an amount not to exceed $120,000. Palm Beach County's procurement process satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: Term Contract Period: February 7, 2018 - February 6, 2019 On March 13, 2018, the City Commission approved the Town Square master development agreement for the construction of a city hall, library, police headquarters, fire station, central energy plant, open space, playground, and related infrastructure improvements. The Forestry and Grounds Division has come up with a plan to preserve valuable trees and palms by relocating them from within the Town Square project area to various City Parks and Facilities. A sample of the potential relocation sites include, but are not limited to: Intracoastal Park Boynton Beach Memorial Cemetery Meadows Park Boynton Lakes Park Pence Park Hester Park Sims Center Staff is looking to relocate approximately one hundred (100) various size trees and palms. The selected trees and palms are based on the health of the tree, species, access to current location, and its representative value. For example: • The average cost to relocate one (1) large royal palm tree is approximately $2,000 dollars. • The average cost to purchase and install one (1) new large royal palm tree is approximately $4,000 dollars. Relocation of the existing trees and palms will commence in late J une 2018 and will be completed prior to commencement of demolition in September 2018. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? During the year, the Forestry and Grounds Division replenishes the foliage in our City Parks and around City Buildings as part of our annual maintenance. In addition, the relocation of the existing trees will replace many of the trees and palms lost from the recent hurricane while improving our ecosystem. Page 517 of 665 Relocating the existing trees and palms from within the Town Square project area will also reduce the City's landscape acquisition costs and aid with the beautification of City's parks and facilities. FISCAL IMPACT: Budgeted The Forestry and Grounds Division has remaining FY 17/18 budget dollars left to cover the salvage and relocation of existing trees and palms in account#001-2730-572-46-98. ALTERNATIVES: Do not salvage existing trees and palms and move forward with acquisition of new landscape material from nurseries. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: A CutAbove Landscape and Irrigation Company START DATE: 2/7/2018 END DATE: 2/6/2019 CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: Yes EXTENSION EXPLANATION: Option to renew for four (4) additional twelve (12) month period(s). ATTACHMENTS: Type Description D Contract Palm Beach County Contract Page 518 of 665 O `OR Form L Purchasing Department 50 South Military Trail,since 1 l(1 January 23, 2018 Wesi Palm Beach,FL 33415-3199 ( l)616-6800 � A Cut Above Landscape Maintenance, Inc. FAX(561)616-6811 Jeannine Ngwira www.(abcgov.ccraa purcl7asisr 14095 43rd Road North Loxahatchee, FL 33470 TERM CONTRACT#17005A Dear Vendor: This is to inform you that Palm Beach County Board of County Commissioners ("County") is entering into a Term Contract with your company for Landscape Palm Beach oun installation at Various ious Locations based on: Board f County �_m Commissioners [X} OTHER: Lot#2 M9'sssa dulixlra;ay,Mayor The term of this contract is 02/0712018 through 0210612019,,and has an estimated dollar Mack Berswd.%Iict�Mayor value of$2,545.475, inclusive of all vendors awarded. Hal K.Valecht If applicable, Vendor shall maintain all insurance coverage(s) throughout the entire Patr e"P Buy dic),, term of the contract, including any renewals or extensions thereof. Dave,saff'rner s County User Departments will issue individual"Delivery Orders"against this contract as your authorization to deliver. The original inygice must be sent to the address on Steven L.Abrams � the Delivery Order ("DO") and must reference the DO number (e.g., DO 680 Mari Lou derger XY030305000000001111). A copy of the invoice may be sent to the County User Department. Invoices submitted on carbon paper shall not be accepted. In order for the County to make payment, the Vendor's Legal Name; Vendor's Address; and Vendor's TIN/FEIN Number on the Vendor's bidlquotelresponse must be exactly the same as it appears on the invoice and in the County's VSS system that can be County +i3ga accessed at htt s;//ebcvss ;cQ.palm-beach.fi.uSlwebalu/vss (AftSelfS rvice. Failure to m ,,_ . . comply with the foregoing may result in a delay in processing payment. vercieaai;a C Baker If you have any questions, please contact Marva Brown at mbrown -pbcpay.org or (561)616.685. Sin erely, i 44 el� hleen M. Scarlett hector c: Countywide File An Equal 0p;Konunity rf faryaraatave Action t nip?gyer" �t pfingedon facycled pwar Page 519 of 665 Board of County Commissioners Nclf County Administrator Mary Lou Berger, Mayor Verdenia C. Baker Hal R.Valece, Vice Mayor Paulette Burdick Shelley Vana Steven L.Abrams +Di * Melissa McKinlay Priscilla A. Taylor Purchasing Department resa ov.or Biu rchasi n BOARD OF COUNTY COMMISSIONERS NOTICE OF SOLICITATION BID #17-0051ZG LANDSCAPE INSTALLATION AT VARIOUS LOCATIONS, TERM CONTRACT BID SUBMISSION DATE: NOVEMBER 17, 2016 AT 4:00 P.M. It is the responsibility of the bidder to ensure that all pages are included. Therefore, all bidders are advised to closely examine this package. Any questions regarding the completeness of this package should be immediately directed to Palm Beach County Purchasing Department at(561) 616-6800. BIDDERS SHALL PROVIDE A RESPONSE IN A SEALED PACKAGE OR CONTAINER SIGNED BY AN AGENT OF THE COMPANY HAVING AUTHORITY TO BIND THE COMPANY OR FIRM. FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR BID. Protests can be accepted only during the five (5) business day posting period. CAUTION In order -to do business with Palm Beach County, vendors are required to create a Vendor Registration Account OR activate an existing Vendor Registration Account through the Purchasing Department's Vendor Self Service (VSS) system which can be accessed at htt s:// bevss .:.co. aim-beach.fl.us/weba _ /vss_/AltSelfService. As they are issued, all amendments to solicitations will be posted under the applicable solicitation on our VSS system. It is the vendor's sole responsibility to routinely check our VSS system for any amendments that may have been issued prior to the deadline for receipt of bids. Palm Beach County shall not be responsible for the completeness of any Invitation for Bid that was not downloaded from our VSS system or obtained directly from the Purchasin De artment. In accordance with the provisions of ADA, this document may be requested in an alternate format. 50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199 (561) 616-6800 FAX: (561) 616-6811 Page 520 of 665 Page 2 BOARD OF COUNTY COMMISSIONERS Palm Beach County INVITATION FOR BID BID#1 7-005/ZG BID TITLE: LANDSCAPE INSTALLATION AT VARIOUS LOCATIONS, TERM CONTRACT PURCHASING DEPARTMENT CONTACT: ZULMA GASCA TELEPHONE NO.: (561)616-6848 FAX NO.: (561)242-6748 E-MAIL ADDRESS: zgascaApbcgov.oEg All bid responses must be received on or before November 17, 2016, prior to 4:00 p.m., Palm each County local time. SUBMIT BID TO: Palm Beach County Purchasing Department, 50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199. This Invitation for Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Attachments, Amendments (if issued), and I or any other referenced document form a part of this bid solicitation and response thereto, and by reference are made a part thereof. The selected awardee shall be bound by all terms, conditions and requirements in these documents. PURPOSE AND EFFECT: It is the purpose and intent of this solicitation to secure bids for item(s)and I or services as listed herein. The selected awardee is hereby placed on notice that acceptance of its bid by Palm Beach County shall constitute a binding contract. GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS GENERAL CONDITIONS 1. GENERAL INFORMATION The Uniform Commercial Code(Florida Statutes.Chapter 672) shall prevail as the basis for contractual obligations between Bidders are advised that this package constitutes the complete set of the successful bidder and Palm Beach County for any terms specifications, terms, and conditions which forms the binding contract and conditions not specifically stated in the Invitation for Bid. between Palm Beach County and the successful bidder. Changes to this Invitation for Bid may be made MI by written amendment issued by the b. DISCRIMINATION PROHIBITED: Palm Beach County is County Purchasing Department. Bidders are further advised to closely committed to assuring equal opportunity in the award of examine every section of this document, to ensure that all sequentially contracts and complies with all laws prohibiting numbered pages are present, and to ensure that it is fully understood. discrimination. Pursuant to Palm Beach County Resolution Questions or requests for explanations or interpretations of this R-2014-1421, as may be amended, the successful bidder document must be submitted to the Purchasing Department contact in warrants and represents that all of its employees are treated writin in sufficient time to permit a written response prior to the equally during employment without regard to race, color, published bid submission time. Oral explanations or instructions given rehgion, disability, sex, age, national origin, ancestry, marital by any County agent are not binding and should not be interpreted as status, familial status, sexual orientation,gender identity and altering any provision of this document. Bidder certifies that this bid is expression or genetic information. Per Resolution R-2014- made without reliance on any oral representations made by the County. 1421,---@5. may be amended., the successful bidder shall comply with the M-uirements set forth in Section 3.n. The obligations of Palm Beach County under this award are subject to hereinbelow. the availability of funds lawfully appropriated for its purpose. c. INDEPEMMT CONTRACTOR RELATIONSHIP: The 2. LEGAL REQUIREMENTS successful bidder is, and shall be, in the performance of all work, services, and activities under this Contract, an a. COMPLIANCE WITH LAWS AND CODES: Federal, State, Independent Contractor and not an employee, agent, or County and local laws,ordinances,rules and regulations that servant of the COUNTY. All persons engaged in any of the in any manner affect the items covered herein apply. Lack of work or services performed pursuant to this Contract shall at knowledge by the bidder shall in no way be a cause for relief all times, and in all places, be subject to the successful from responsibility. The successful bidder shall strictly bidder's sole direction, supervision, and control. The comply with Federal, State and local building and safety successful bidder shall exercise control over the means and codes. Equipment shall meet all State and Federal Safety manner in which it and its employees perform the work, and regulations. Bidder certifies that all products (materials, in all respects the successful bidder's relationship, and the equipment, processes,or other items supplied in response to relationship of its employees,to the COUNTY shall be that of this bid) contained in its bid meets all ANSI, NFPA, and all an Independent Contractor and not as employees or agents other Federal and State requirements. Bidder further certifies of the COUNTY. that,if it is the successful bidder,and the product delivered is subsequently found to be deficient in any of the d. CRIMINAL HISTORY RECORDS CHECK ORDINANCE: aforementioned requirements in effect on date of delivery, all Pursuant to Palm Beach County Code Section 2-371 through costs necessary to bring the product into compliance shall be 2-377, the Palm Beach County Criminal History Records borne by the bidder. Check Ordinance ("Ordinance"), the County will conduct fingerprint based criminal history record checks on all Any toxic substance provided to the County as a result of this persons not employed by the County who repair, deliver, or solicitation or resultant contract shall be accompanied by its provide goods or services for,to, or on behalf of the County. Safety Data Sheet(SIDS). A fingerprint based criminal history record check shall be conducted on all employees of vendors, contractors, and Page 521 of 665 Page 3 subcontractors of contractors, including repair persons and assigns to the other party in respect to ail provisions of this delivery persons,who are unescorted when entering a facility Contract. Neither the County nor the successful bidder shall determined to be either a critical facility("Critical Facilities')or assign, sublet, convey or transfer its interest in this Contract a criminal justice information facility ("CJI Facilities'), is without the prior written consent of the other. are critical to the public safety and security of the County. j. JN2EbLNIFJ9AT[QN: Regardless of the coverage provided County facilities that require this heightened level of security by any insurance,the successful bidder shall Indemnify,save are identified in Resolution R-2003-1274, as amended. In harmless and defend the County, its agents, servants, or October 2013, compliance with the requirements of the U. S. employees from and against any and all claims, liability, Federal Bureau of Investigations CJI Security Policy was losses and ! tar causes of action which may arise from any added to the Ordinance, which Includes a broad list of negligent act or omission of the successful bidder, its disqualifying offenses. The bidder is solely responsible for subcontractors, agents, servants or employees during the understanding the financial, schedule, and / or staffing course of performing services or caused by the goods implications of this Ordinance. Further, the bidder provided pursuant to these bid documents and I or resultant acknowledges that its bid price includes any and all direct or contract. indirect costs associated with compliance with this Ordinance, except for the applicable FDL E / FBI fees that k. PUBLIC RECORDS,ACCESS AND AUPITS: Any material shall be paid by the County. submitted in response to this solicitation is considered a public document in accordance with Section 119.07, F.S. a. eqqh!Q_KHJJnLQ_I S: F.S. 287.133 requires Palm This includes material which the responding bidder might Beach County to notify all bidders of the following: "A person consider to be confidential. All submitted information that the or affiliate who has been placed on the convicted vendor list responding bidder believes to be confidential and exempt following a conviction for a public entity crime may not submit from disclosure(i.e., a trade secret,etc)must be specifically a bid on a contract with a public entity for the construction or identified as such. Upon receipt of a public records request repair of a public building or public work,may not submit bids for information the bidder has designated as a trade secret or on leases of real property to a public entity, may not be as otherwise exempt from Section 119.07, F.S., a awarded or perform work as a contractor, supplier, determination will be made whether the identified information subcontractor, or consultant under a contract with any public is,in fact,confidential. entity,and may not transact business with any public entity in excess of the threshold amount provided in F.S. 287.017 for The bidder shall maintain records related to all charges, CATEGORY TWO for a period of 36 months from the date of expenses, and costs incurred in estimating and performing being placed on the convicted vendor list." the work for at least three (3) years after completion or termination of this Contract. The COUNTY shall have access f. NON-COLLUAION; Bidder certifies that it has entered into to such records as required in this Section for the purpose of no agreement to commit a fraudulent, deceitful, unlawful, or inspection or audit during normal business hours, at the wrongful act, or any act which may result in unfair advantage Bidder's place of business. for one or more bidders over other bidders. Conviction for the Commission of any fraud or act of Goliusion in connection Notwithstanding anything contained herein,as provided under with any sale, bid,quotation,proposal or other act incident to Section 119.0701, F.S., if the Bidder:(1)provides a service; doing business with Palm Beach County may result in and(11)acts on behalf of the COUNTY as provided under permanent debarment. Section 119.011(2), F.S., the Bidder shall comply with the requirements of Section 119.0701,Florida Statutes,as it may No premiums, rebates or gratuities are permitted; either with, be amended from time to time. The Bidder is specifically prior to or after any delivery of material or provision of services. required to: Any such violation may result in award cancellation, return of materials, disconfinuation of services, and removal from the 1. Keep and maintain public records required by the vendor bid list(s),and/or debarment or suspension from doing COUNTY to perform services provided under this business with Palm Beach County. Contract. 1 Upon request from the COUNTY's Custodian of Public g. LOBBYINP: Bidders are advised that the "Palm each Records ('County's Custodian") or COUNTY's County Lobbyist Registration Ordinance"prohibits a bidder or representativeniatson, on behalf of the County's anyone representing the bidder from communicating with any Custodian, provide the COUNTY with a copy of the County Commissioner, County Commissioner's staff, or any requested records or allow the records to be Inspected or employee authorized to act on behalf of the Commission to copied within a reasonable time at a cost that does not award a particular contract regarding its bid, i.e., a "Cone of exceed the cost provided in Chapter 119 or as otherwise Silence". provided by law. The Bidder further agrees that all fees, charges and expenses shall be determined in accordance The "Cone of Silenre" is in effect from the date/time of the with Palm Beach County RPM CW-F-002, Fees deadline for submission of the bid, and terminates at the time Associated with Public Records Requests, as it may be that the Board of County Commissioners or a County amended or replaced from time to time. Department authorized to act on their behalf, awards or 3. Ensure that public records that are exempt, or approves a contract, rejects all bids, or otherwise takes action confidential and exempt from public records disclosure which ends the solicitation process. requirements are not disclosed except as authorized by law for the duration of the contract term and following Bidders may, however, contact any County Commissioner, completion of the Contract, if the Bidder does not County Commissioner's staff, or any employee authorized to transfer the records to the public agency. Nothing act on behalf of the Commission to award a particular contract, contained herein shall prevent the disclosure of or the via written communication,i.e.,facsimile,e-mail or U.S.mail. provision of records to the COUNTY. Violations of the"Cone of Silence"are punishable by a fine of 4. Upon completion of the Contract, the Bidder shall $250.00 per violation. transfer,at no cost to the COUNTY, all public records in possession of the Bidder unless notified by COUNTY's h. CONFLICT OF INTE"E _T: All bidders shall disclose with representative/iiaison, on behalf of the County's their bid the name of any officer, director, or agent who is Custodian,to keep and maintain public records required also an employee or a relative of an empioyee of Palm Beach by the COUNTY to perform the service. If the Bidder County, Further, all bidders shall disclose the name of any transfers all public records to the COUNTY upon County employee or reiative of a County employee who completion of the Contract,the Bidder shall destroy any owns,direGgy or indirectly, an interest of ten percent or more duplicate public records that are exempt, or confidential in the bidder's firm or any of its branches. and exempt from public records disclosure requirements. If the Bidder keeps and maintains public I. SUCCESSORAS AN _ LON The County and the records upon completion of the Contract,the Bidder shall successful bidder each binds itself and its successors and meet all applicable requirements for retaining public Page 522 of 665 Page 4 records. All records stored electronically by the Bidder that it, its affiliates, suppliers,subcontractors and consultants must be provided to the COUNTY, upon request of the who will perform hereunder, have not been placed on the County's Custodian or the COUNTY's Scrutinized Companies With Activities in Sudan List or representative/liaison, on behalf of the County's Scrutinized Companies With Activities in The Iran Petroleum Custodian, in a format that is compatible with the Energy Sector List created pursuant to F.S. 215.473, , or on information technology systems of COUNTY, at no cost the Scrutinized Companies that boycott Israel List, or is to COUNTY. engaged in a boycott of Israel, pursuant to F.S.215.4725, or is engaged in business operations in Cuba or Syria. Bidder acknowledges that it has familiarized itself with the requirements of Chapter 119, F. S., and other requirements If the County determines,using credible information available of state law applicable to public records not specifically set to the public, that a false certification has been submitted by forth herein. Failure of the Bidder to comply with the BIDDER, the resulting Contract from this Invitation for Bid requirements of this Section, Chapter 119, F.S. and other may be terminated and a civil penalty equal to the greater of applicable requirements of state law, shall be a material $2 million or twice the amount of this Contract shall be breach of this Contract. COUNTY shall have the right to imposed,pursuant to F.S.287.135. exercise any and all remedies available to it for breach of contract,including but not limited to,the right to terminate for cause. 3. BID SUBMISSION IF THE BIDDER HAS a. SUBMISSION OF RESPONSES: All bid responses must be submitted on the provided Invitation for Bid "Response" QUESTIONS REGARDING THE Foran. Bid responses on vendor letterhead 1 quotation forms APPLICATION OF CHAPTER Shan not be accepted.. Responses must be signed bytypewritten, written in ink ora photocopy and must be si red b an agent of the company having authority to bind the company or 119, FLORIDA STATUTES, TO firm. FAILURE TO SIGN THE BID RESPONSE FORM AT THE BIDDERS DUTY TO THE INDICATED PLACES SHALL BE CAUSE FOR REJECTION OF THE BID. Bid responses are to be submitted PROVIDE PUBLIC RECORDS to the Palm Beach County Purchasing Department no later than the time indicated on the solicitation preamble, and must RELATING TO THIS be submitted in a sealed envelope or container bearing the bid CONTRACT, PLEASE CONTACT number for proper handling. b. CERTIFICATIONS, LICENSES AND PERMITS: Unless THE CUSTODIAN OF PUBLIC otherwise directed in sub-paragraph d. (Local Preference) or RECORDS AT RECORDS the Special Conditions of this bid,bidder should include with its bid a copy of all applicable Certificates of Competency issued REQUEST, PALM BEACH by the State of Florida or the Palm Beach County Construction Industry Licensing Board in the name of the bidder shown on COUNTY PUBLIC AFFAIRS the bid response page. It shall also be the responsibility of the DEPARTMENT, 301 N. OLIVE successful bidder to maintain a current Local Business Tax Receipt(Occupational License)for Palm Beach County and all AVENUE, WEST PALM BEACH, permits required to complete this contractual service at no additional cost to Palm Beach County. A Palm Beach County FL 33401, BY E-MAIL AT Local Business Tax Receipt(Occupational License)is required RECORDSREQU,9§ unless specifically exempted by law. In lieu of a Palm Beach , PBCGOV. County Local Business Tax Receipt (Occupational License), ORG OR BY TELEPHONE AT the bidder should include the current Local Business Tax Receipt (Occupational License) issued to the bidder in the 561-355-6680. response. It is the responsibility of the successful bidder to ensure that all required certifications,licenses and permits are maintained in force and current throughout the term of the I. INCORPORATION,, PRECEDENCE.,, JURI$DICTIQN: This contract. Failure to meet this requirement shall be considered • f- Invitation for Bid shall be included and incorporated in the default of contract. final award. The order of contractual precedence shall be the c. SBE BID DOCUMENT LANGUAGE bid document (original terms and conditions), bid response, and purchase order or term contract order. Any and all legal Item 1-Policy action necessary to enforce the award or the resultant contract shall be held in Palm Beach County and the It is the policy of the Board of County Commissioners of Palm contractual obligations shall be interpreted according to the Beach County, Florida, that SBE(s) have the maximum laws of Florida. practical opportunity to participate in the competitive process of supplying goods, services and construction to the County. m. LEGAL EXPENSES: The County shall not be liable to a To that end, the Board of County Commissioners adapted a bidder for any legal fees,court costs,or other legal expenses Small Business Ordinance which is codified in Sections 2- arising from the interpretation or enforcement of this contract, 80.21 through 2-80.34 (as amended) of the Palm Beach or from any other matter generated by or relating to this County Code, which sets forth the County's requirements for contract. the SBE program, and is incorporated in this solicitation. Compliance with the requirements contained in this section n. NO THIRD PARTY BENEFICIARIES: No provision of this shall result in a bidder being deemed responsive to SBE Contract is intended to, or shall be construed to, create any requirements. The provisions of this Ordinance are applicable third party beneficiary or to provide any rights to any person to this solicitation, and shall have precedence over the or entity not a party to this Contract, including but not limited provisions of this solicitation in the event of a conflict. to any citizen or employees of the County and/or successful Although preferences will not be extended to certified bidder. MIW BEs, unless otherwise provided by law, businesses eligible for certification as an MIWBE are encouraged to o. SCRUTINIZED COMPANIES THEN CONTRACT VALUE, maintain their certification in order to assist in the tracking of M/WBE availability and awards of contracts to MIWBEs. This IS GREATER_THAN 1 MILLION),: As provided in F.S. information is vital to determining whether race and gender 287.135, by entering into a Contract or performing any work neutral programs assist M/WBE firms or whether race and in furtherance of this Invitation for Bid, the BIDDER certifies gender preferences are necessary in order to address any Page 523 of 665 Page 5 continued discrimination in the market. as needed. In lieu of a Schedule 2, a detailed responsive proposal may be acceptable. Item 2—SSE Goals The County has established a minimum goal of 15% SBE Item 5—SBE CertiFration participation for all County solicitations, inclusive of all Only those firms certified by Palm Beach County at the time of alternates and change orders. This goal is a minimum,and no bid submission shall be counted toward the established SBE rounding will be accepted. goals. Upon receipt of a complete application, IT TAKES UP TO NINE (90) DAYS TO BECOMECERTIFIED AS AN 3—Ranking of 09segnsive Blagirs SBE WITH PALM BEACH COUNTY. It is the responsibility of Bidders who meet the SBE goal will be deemed to be the bidder to confirm the certification of any proposed SBE; responsive to the SBE requirement. therefore, it is recommended that bidders visit the on-line Vendor Directory at .obcoov.orolosba to verify SBE a. In evaluating competitive bids or quotes between $1,000 certification. and one million dollars($1,000,000)where the low bidder is non-responsive to the SBE requirement, the contract Item 6 — Counting SBIE PIEUcIgiftri land M_ BE shall be awarded to the low bidder responsive to the SBE Partici anon for T_racking Purosesd, requirement as long as the bid does not exceed the low bid amount by 10%. In the event there are no bidders a. Once a firm is determined to be an eligible SBE according responsive to the SBE requirement, the contract shall be to the Palm Beach County certification procedures, the awarded to the bidder with the greatest SBE participation County or the Prime may count toward its SBE goals only in excess of seven percent(7%)participation,as long as that portion of the total dollar value of a contract the bid does not exceed the low bid amount by ten performed by the SBE. Prior to issue,total dollar value of percent(10%). a contract will be determined by the PBC user department by defining factors to be considered as value. Total dollar b. In evaluating bids in excess of one million dollars value of retail contracts shall be determined by Gross ($1,000,000), where the low bidder is non-responsive to Receipts. the SBE requirement, the contract shall be awarded to the low bidder responsive to the SBE requirements b. The County may count toward its SBE goals the total provided that such bid does not exceed the lowest value of a contract awarded to an eligible SBE firm that responsive bid by more than one hundred thousand subsequently is decertified or whose certification has dollars($100,000)plus three percent(3%)of the total bid expired after a contract award date or during the in excess of one million dollars($1,000,000). In the event performance of the contract. there are no bidders responsive to the SBE goal, the contract shall be awarded to the bidder with the greatest c. The County or Prime may count toward its SBE goal a SBE participation in excess of seven percent (7%) portion of the total dollar value of a contract with a joint participation, provided that such bid does not exceed the venture, eligible under the standards for certification, lowest responsive bid by more than one hundred equal to the percentage of the ownership and control of thousand dollars ($100,000) plus three percent (3%) of the SBE partner in the joint venture. the total bid in excess of one million dollars($1,000,000). d. The County or Prime may count toward its SBE goal the Item 4—Bid 3ubmissi:on Documentation entire expenditures for materials and equipment SBE bidders, bidding as prime contractors, are advised that purchased by an SBE subcontractor, provided that the they must complete Schedule 1 and Schedule 2, listing the SBE subcontractor has the responsibility for the work to be performed by their own workforce, as well as the installation of the purchased materials and equipment. work to be performed by any SBE subcontractor. Failure to Include this information on Schedule 1 will result in the e. The County or Prime may count the entire expenditure to participation by the SBE prime bidders own workforce NOT an SBE manufacturer (i.e., a supplier / distributor that being counted towards meeting the SBE goal. This produces goods from raw materials or substantially alters requirement applies even if the SBE contractor intends to the goods before resale). perform 100%of the work with their own workforce. f. The County or Prime may count sixty percent(60%)of its Bidders are required to submit with their bid the appropriate expenditure to SBE suppliers t distributors that are not SBE-M/WBE schedules in order to be deemed responsive to manufacturers. the SBE requirements. SBE-MIWBE documentation to be submitted is as follows: g. The County or Prime may count toward its SBE goal second and third tiered SBE subcontractors;provided that Schedule t—List.of Pra_ sed SBE gnd M/WBE PA&igQtior1 the Prime submits a completed Schedule 2 form for each This list shall contain the names of the SBE Prime SBE and SBE subcontractor. subcontractors intended to be used in performance of the contract, if awarded. This schedule shall also be used if an h. The County or Prime may only count toward its SBE goal SBE prime bidder is utilizing ANY subcontractors. the goods and services in which the SBE is certified and performs with its own forces. Qr lyJob_Order Contractintr IJt)Ct_contracts and Task, Authorizations for annual contracts imaybe a cI ded fro this reauirement.) ltem 7—.Responsibilities After Contract Award bAdule 3 $ Ix,__ ctwity ®rm Sahed 2-Lmdsl offirlitent,to Perform.as an E®r This form shall be submitted by the prime contractor with each @E subcontractor payment application when SBE subcontractors are utilized in A Schedule 2 shall be completed by the SBE Prime. A the performance of the contract. This form shall contain the Schedule 2 shall be completed and signed by the proposed names of all SBE subcontractors, specify the subcontracted SBE subcontractor listed on Schedule 1. SBE Primes and dollar amount for each subcontractor and show amount drawn SBE Subcontractors shall specify the type of work to be and payments to date issued to subcontractors. This form is performed,the cost and/or percentage. If the SBE intends to intended to be utilized on all non-professional services subcontract any portion of the job to another certified SBE, or contracts. non-SBE,they are required to list the amount and the name of the subcontractor on this form. The Prime may count toward Schedule 4—S _E- BE Pa sent Certification its SBE goal second and third tiered SBE subcontractors; A Schedule 4 for each SBE sub shall be completed and signed provided that the Prime submits a completed Schedule 2 form by the proposed SBE after receipt of payment from the Prime. for each SBE subcontractor. Additional sheets may be used If a SBE subcontractor intends to disburse any funds Page 524 of 665 Page 6 associated with this payment to any subcontractor for labor Location"and Business Tax Receipt must accompany the provided on this contract, the amount and name of the bid at the time of bid submission. The Palm Beach subcontractor must be listed on this form. In addition, if the County Business Tax Receipt and this Certification are named subcontractor is a certified SBE, then a Schedule 4 the sole determinant of local preference eligibility. Errors shall be completed and signed by the named SBE after receipt in the completion of this Certification or failure to submit of payment from the SBE subcontractor. When applicable,the this completed Certification will cause the bidder I Prime shall submit this form with each application submitted to proposer to not receive a local preference. the County for payment to document payment issued to a sub in the performance of the contract. e. DRUG FREE WORKPLACE CERTIFICATION: In compliance with Florida StaWte (Section 287.087) attached form "Drug- All bidders hereby assure that they will meet the SBE Free Workplace Certification" should be fully executed and participation percentages submitted in their respective bids submitted with bid response in order to be considered for a with the subcontractors contained on Schedules I and 2 and preference whenever two (2) or more bids which are equal at the dollar values specified. Bidders agree to provide any with respect to price,quality,and service are received by Palm additional information requested by the County to substantiate Beach County. participation. f. CONDITIONED OFFERS: Bidders are cautioned that any The successful bidder shall submit an SBE-two/WBE Activity condition,qualification,provision,or comment in their bid,or in Form (Schedule 3) and SSE-M/WBE Payment Certification other correspondence transmitted with their bid, which in any Forms(Schedule 4)with each payment application. Failure to way modifies, takes exception to, or is inconsistent with the provide these forms may result in a delay in processing specifications,requirements,or any of the terms,conditions,or payment or disapproval of the invoice until they are submitted. provisions of this solicitation, is sufficient cause for I[rc The SSE-Iv OBE Activity Form is to be filled out by the Prime rejection of their bid as non-responsive. Contractor and the SBE-M/WBE Payment Certification Forms are to be executed by the SBE or M/WBE firm to verify receipt g. PRICING: of payment. 1. Prices offered must be the price for new merchandise and Item 8®S BE Substitutions free from defect. Unless specifically requested in the bid After contract award, the successful bidder will only be specifications,any bids containing modifying or escalation permitted to replace a certified SBE subcontractor who is clauses shall be rejected. unwilling or unable to perform. Such substitution must be 2. The price offered must be in accordance with the unit of done with other certified SBE's in order to maintain the SBE measure provided on the bid response page(s). One(1) percentages submitted with the bid. Requests for substitutions space or line requires only one(1)single,fixed unit price. must be submitted to the user Department and OSBA. Anything other than a single,fixed unit price shall result in the rejection of your bid. d. LOCAL PREFERENCE ORDINANCE: In accordance with the 3. All unit prices bid should be within two(2)decimal points. Palm Beach County Local Preference Ordinance,a preference If bidders pricing exceeds two (2) decimal points, may be given to (1) bidders having a permanent place of Purchasing reserves the right to round up or down business in Palm Beach County or (2) bidders having a accordingly. permanent place of business in the Glades that are able to 4. Bidder warrants by virtue of bidding that prices shall provide the goods or services within the Glades. remain firm for a period of ninety(90)days from the date of bid submission to allow for evairiation and award. 1 lads local-Preference: Pursuant to the Palm Beach 5. Bidder warrants by virtue of bidding that prices shall County Local Preference Ordinance, a 5% Glades Local remain firm for the initial and any subsequent term unless Preference is given when a Glades business offers to modified by a special condition. provide the goods or services that will be procured for use 6. In the event of mathematical error(s), the unit price shall in the Glades. If the lowest responsive, responsible prevail and the bidders total offer shall be corrected bidder is a non-Glades business, all bids received from accordingly. BIDS HAVING ERASURES OR responsive, responsible Glades businesses will be CORRECTIONS MUST BE INITIALED BY THE BIDDER decreased by 5%. The original bid amount is not PRIOR TO BID SUBMISSION. IF THE CORRECTION changed. The 5% decrease given for the Glades Local IS NOT PROPERLY INITIALED,OR IF THE INTENT OR Preference is calculated only for the purpose of LEGIBILITY OF THE CORRECTION IS NOT CLEAR, determining local preference. THE BID SHALL BE REJECTED. 2. Local Preference: Pursuant to the Palm Beach County 7. Bidders may offer a cash discount for prompt payment. Local Preference Ordinance, a 5% Local Preference is However, such discounts shall not be considered in given to bidders having a permanent place of business in determining the lowest net cost for bid evaluation Palm Beach County. If the lowest responsive, purposes unless otherwise specified in the special responsible bidder is a non-local business; all bids conditions. Bidders should reflect any discounts to be received from responsive, responsible local businesses considered in the unit prices bid. will be decreased by %®. The original bid amount is not changed. The 5% decrease given for the Local K SUBMITTING NO BID or NO CHARGE: Bidders not wishing Preference is calculated only for the purpose of to bid on some items sought by this solicitation should mark determining local preference. those items as"no bid". If some items are to be offered at no 3. To receive a Glades Local Preference or a Local charge, bidders should mark those items as "no charge'. Preference(collectively referred to as"local preference"), items left blank shall be considered a "no bid" for that item, a bidder must have a permanent place of business in and the bid shall be evaluated accordingiy. existence priior to the County's issuance of this Notice of Solicitation / Invitation for Bid. A permanent place of business means that the bidder's headquarters is located 1. ACCEPTANCE I REJECTION OF BIDS: Palm Beach County in Palm Beach County or in the Glades,as applicable;or, reserves the right to accept or to reject any or all bids. Palm the bidder has a permanent office or other site in Palm Beach County also reserves the right to (1) waive any non- Beach County or in the Glades, as applicable,where the substantive irregularities and technicalities;(2)reject the bid of bidder will produce a substantial portion of the goods or any bidder who has previously failed in the proper services to be purchased. A valid Business Tax Receipt performance of a contract of a similar nature, who has been issued by the Palm Beach County Tax Collector is suspended or debarred by another governmental entity, or required, unless the bidder is exempt from the business who is not in a position to perform properly under this award; tax receipt requirement by law, and will be used to verify and (3) Inspect all facilities of bidders in order to make a that the bidder had a permanent place of business prior to determination as to its ability to perform. the issuance of this Notice of Solicitation / Invitation for Bid. In addition, the attached "Certification of Business Palm each County reserves the right to reject any offer or bid Page 525 of 665 ...... ......... 0 w 4 4 I IN lww;limwgl Mr,1611 MIMM Mom HTMI uts !I M7 Ub Iilkri' 1 44- Page 8 Successful bidders shall send ALL ORIGINAL invoices to the subcontracts related to the terminated work. following address and May send copies of invoices to the Palm Beach County Department requesting the g. REMEDIES: No remedy herein conferred upon any party is goods/services. Invoices submitted on carbon paper shall not in—tended to be exclusive of any other remedy, and each and be accepted. every such remedy shall be cumulative and shall be in addition PALM BEACH COUNTY to every other remedy given hereunder now or hereafter FINANCE DEPT. existing at law,or in equity,by statute or otherwise. No single P.O.BOX 4036 or partial exercise by any party of any right, power, or remedy WEST PALM BEACH,FL 33402-4036 hereunder shall preclude any other or further exercise thereof. Payment shall be made by the County after goods/ services 6. PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL have been received, accepted and properly invoiced as WET REUIREMENTS: Pursuant to Palm each County Code, indicated in the contract and I or order. Invoices must bear the Section 2-421—2-440,as amended,Palm Beach County's Office of order number. The Florida Prompt Payment Act is applicable Inspector General is authorized to review past, present and to this solicitation. Interest penalties will only be paid in proposed County contracts, transactions, accounts, and records. accordance with the Florida Prompt Payment Act, Florida The Inspector General's authority includes, but is not limited to,the Statute 218.70. power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their Note: Palm each County Vendors can now be paid by behalf, in order to ensure compliance with contract requirements Credit Card via the County's voluntary Payment Manager and to detect corruption and fraud. Failure to cooperate with the Program. For vendors who don't have a merchant account, Inspector General or interfering with or impeding any investigation one is needed to utilize the Program. For vendors with a shall be a violation of Palm Beach County Code,Section 2-421 —2- merchant account,you will need to enroll with the Palm Beach 440, and punished pursuant to Section 125-69, Florida Statutes, in County Clerk& Comptroller's office. For information, contact the same manner as a second degree misdemeanor. the Palm each County Clerk & Comptroller at pbGpaymentm_qrpmypglmbeachclerk.com or 561-355-3295. 7. BUSINESS INFORMATION: If bidder is a Joint Venture for the goods I services described herein, bidder shall, upon request of d. CHANGES,: The Director of Purchasing, Palm Beach County, Palm Beach County,provide a copy of the Joint Venture Agreement by written notification to the successful bidder may make minor signed by all parties. changes to the contract terms. Minor changes are defined as modifications which do not significantly alter the scope,nature, or price of the specified goods or services. Typical minor THIS IS THE END OF"GENERAL CONDITIONS" changes include, but are not limited to, place of delivery, method of shipment, minor revisions to customized work specifications, and administration of the contract. The successful bidder shall not amend any provision of the contract without written notification to the Director of Purchasing, and written acceptance from the Director of Purchasing or the Board of County Commissioners. a. DEFAULT: The County may,by written notice of default to the successful bidder, terminate the contract in whole or in part if the successful bidder falls to satisfactorily perform any provisions of this solicitation or resultant contract, or falls to make progress so as to endanger performance under the terms and conditions of this solicitation or resultant contract,or provides repeated non-performance,or does not remedy such failure within a period of 10 days (or such period as the Director of Purchasing may authorize in writing)after receipt of notice from the Director of Purchasing specifying such failure. In the event the County terminates this contract In whole or in part because of default of the successful bidder, the County may procure goods and / or services similar to those terminated, and the successful bidder shall be liable for any excess costs incurred due to this action. If it is determined that the successful bidder was not in default or that the default was excusable(e.g., failure due to causes beyond the control of,or without the fault or negligence of,the successful bidder), the rights and obligations of the parties shall be those provided in Section 5f, "Termination for Convenience". f. TERMINATION FOR CONVENIENCE: The Director of Purchasing may, whenever the interests of the County so require, terminate the contract, in whole or in part, for the convenience of the County. The Director of Purchasing shall give five (5) days prior written notice of termination to the successful bidder, specifying the portions of the contract to be terminated and when the termination is to become effective. If only portions of the contract are terminated, the successful bidder has the right to withdraw, without adverse action, from the entire contract. Unless directed differently in the notice of termination, the successful bidder shall incur no further obligations in connection with the terminated work,and shall stop work to the extent specified and on the date given in the notice of termination. Additionally, unless directed differently, the successful bidder shall terminate outstanding orders and I or Page 527 of 665 Page 9 .......... SPECIAL CONDITIONS 8. GENERAL/SPECIAL CONDITION PRECEDENCE In the event of conflict between General Conditions and Special Conditions, the provisions of the Special Conditions shall have precedence. 9. PR_E1-BID CONFERENCE IMANDAT ORY) All interested parties/bidders are reuire to attend a pre-bid conference which is scheduled to be held at Palm Beach County Purchasing DeDartment., 50 South Mi h, Florida 33415 on November 2 201 commencing at 10:00 A.M. At this time, the County's representative will be available to answer questions relative to this Invitation for Bid (IF ). Any suggested modifications may be presented in writing to, or discussed with the County's representative(s) as possible amendments to the Invitation for Bid. THE BIDDER'S FAILURE TO ATTEND THIS CONFERENCE SHALL RESULT IN DISQUALIFICATION OF THEIR BID. All interested parties/bidders shall sign an attendance sheet. The attendance sheet will be collected at 1010 A.M. (10 minutes after stated start time) local time. Those arriving after the attendance sheet has been collected shall be considered as not in attendance for purposes of the mandatory pre-bid conference. In accordance with the provisions of ADA, auxiliary aids or services will be provided upon request with at least three days notice. 10. Q_UAL_IFICATION OF BIDDERS This bid shall be awarded only to a responsive and responsible bidder, qualified to provide the goods and/or service specified. The bidder shall, upon request, promptly furnish the County Sufficient evidence in order to confirm a satisfactory performance record. Such information may include an adequate financial statement of resources, the ability to comply with required or proposed delivery or performance schedule, a satisfactory record of integrity and business ethics, the necessary organization, experience, accounting and operation controls, and technical skills, and be otherwise qualified and eligible to receive an award under applicable laws and regulations. The bidder should submit the following information with their bid response; however, if not included, it shall be the responsibility of the bidder to submit all evidence, as solicited, within a time frame specified by the County (normally within two working days of request). Failure of a bidder to provide the required information within the specified time frame is considered sufficient cause for rejection of their bid. Information submitted with a previous bid shall not satisfy this provision. A. List a minimum of three (3) currently active references in which similar goods and/or services have been provided within the past three 3 years including scope of work, contact names, addresses, e-mail addresses, telephone numbers and dates of service on the attached reference sheet included herein. A contact person shall be someone who has personal knowledge of the bidder's performance for the specific requirement listed. Contact person must have been informed that they are being used as a reference and that the County may be calling them. DO NOT list persons who are unable to answer specific questions regarding the requirement. B. Provide a list of equipment and facilities available to do the work. 11. CRIMINAL HISTORY RECORD§,2HECK This solicitation includes sites and/or buildings which have been designated as either"critical facilities"or "criminal justice information facilities" pursuant to Palm Beach County Code Section 2-371 through 2-377, the Palm Beach County Criminal History Records Check Ordinance ("Ordinance"), and Resolution R-2003-1274, as amended. County staff representing the User County Department will contact the recommended awardee(s) and provide specific instructions for meeting the requirements of this Ordinance.This provision applies to and must be adhered to by all vendors, contractors, and subcontractors of contractors, including repair persons and delivery persons, who are unescorted when entering critical facilities or criminal justice information facilities. Page 528 of 665 Page 10 Individuals passing the background check will be issued a badge. Contractor shall make every effort to collect the badges of its employees and its subcontractors' employees upon conclusion of the contract work and return them to the County. If the contractor or its subcontractor terminates an employee who has been issued a badge, the Contractor must notify the County within two (2) hours. At the time of termination, the contractor shall retrieve the badge and return it to the County in a timely manner. The County reserves the right to suspend any Contractor that; 1)does not comply with the requirements of County Code Section 2-371 through 2-377 as amended; 2) does not contact the County regarding a terminated contractor employee or subcontractor employee within the stated time; or 3)fails to make a good faith effort in attempting to comply with the badge retrieval policy. 12. CRIMINAL HISTORY RECORDS CHECK IPalm Beach International A!K o All individuals working at the Palm Beach International Airport ("PBIA") must pass a Criminal History Records Check ("CHRC"). Each individual requesting unescorted access authority onto the PBIA Security Identification Display Area ("SIDA"), Sterile Area and the Air Operations Area ("AOA"), will be required to submit to a finger-print based CHRC that does not disclose that the individual has a disqualifying criminal offense as defined in 49 CFR 1542.209. When determining if an individual will be granted unescorted access, the Department of Airports' Security Office ("Airport Security Office") will apply the regulations set forth in 49 CFR 1542 and any directives, policies or procedures established by the Transportation Security Administration thereunder. Fingerprinting will be conducted electronically by the Airport Security Office and submitted to the FBI after being reviewed by the designated clearinghouse. The successful bidder shall be responsible for payment of all applicable fees related to the CHRC, including, but not limited to, fingerprinting and badge fees. All badges must be returned to the Airport Security Office upon termination of services or removal of any employees due to a security violation. The Transportation Security Administration will take legal enforcement against persons (employees/employer) making any fraudulent or intentionally false statement or entry on any security program, record, application, report, access, or identification media, or any other document that is kept, made or used to show compliance with the CHRC requirements. The term "persons" includes an individual, firm, partnership, corporation, company, association, joint-stock association, or governmental entity. The County reserves the right to suspend any Contractor, subject to the requirements of the Ordinance, that: 1) is not in compliance with the requirements of County Code Section 2-371 through 2-377, as amended; OR 2) does not immediately contact the County regarding a badged Contractor employee or Subcontractor employee that has been terminated. 13. AWARD PLOT-BY-LOT) Palm Beach County shall award this bid to the lowest, responsive, responsible bidder on a lot-by-lot basis. The County reserves the right to reject bids which would result in an award which is financially disadvantageous to the County. An award may be considered financially disadvantageous when it would result in an award to a bidder for less than $1,000, or when it would result in awards of multiple small fragments. This policy is predicated on avoidance of increased administrative costs and operational complexity. Therefore, it is necessary for a bidder to bid on every item in the particular lot for which the bidder submits a bid in order to have a bid considered. It is also required that the bidder carefully consider each item, and make sure that each one meets the specifications as indicated. In the event that one item does not meet such specifications for that lot, the entire lot will be considered non-responsive. Additionally, if a bidder enters a No Bid, or NIA for any item in that lot, they will be considered non-responsive for that lot. 14. INVOICES-ITEM#296 ONLY When invoicing the County for goods and services purchased under this solicitation, the successful bidder must provide complete, accurate invoices which must include for every item purchased a definitive description, the catalog/list price, quantity and the invoiced price. The description of the item must be sufficiently accurate to specifically identify the goods provided to the County. Example: Invoice shall include: Item# Description CQty Unit Unit Price Total 1. Medium River Rock 1 3 40 Lb Bag $40.00 g $120.00 s 2. Margo Snow White Pebbles 5" 5 20 Lb Bag $20.00 G $100.00 to 1.5" Page 529 of 665 Page 11 15. IN& M MATERIAL CONTRACT(MATERIAL PRICIN§ALCOSTJ 1 6 TEM#29 ONLY The price to be paid for materials sold to Palm each County as a result of this bid award shall be based on the bidder's cost of the actual items plus shipping cost. With each invoice that includes materials not covered by the service as defined herein, the bidder shall supply original manufacturer's/supplier's cost documentation to the Palm each County Department requesting the service as well as to the Finance Department, Pre-Audit Division, PO Box 4036, West Palm each, Florida 33402-4036. In no event shall the prices, based on cost, exceed the bidder's price to its most favored customer for the same item in like quantity, or the current market price,whichever is lower. 16. METHOD OF A contract shall be issued for a term of months or until the estimated amount is expended, at the discretion of the County. The County will order on an "as needed" basis. 17. F.0.3. PQINT The F.O.B. point shall be destination. Exact delivery point will be indicated on the term contract delivery order (DO). Bid responses showing other than F.O.B. destination shall be rejected. Bidder retains title and assumes all transportation charges, responsibility, liability and risk in transit, and shall be responsible for the filing of claims for loss or damages. 18. TIME FOR COMPLETION/DELIVERY Bidder acknowledges and agrees that the time of completion/delivery is an essential condition of this contract. By submitting a bid response, bidder, if awarded contract, agrees to begin work not later than seven 7 after JJ calendar days notification, and to prosecute the work uninterrupted in such a manner, with sufficient labor, equipment and/or materials so as to ensure its completion within the timeframe agreed upon. 19. AS SPECIFIED The term contract delivery order (DO) will be issued to the successful bidder with the understanding that all items delivered and services rendered must meet the specifications herein. Palm each County will return, at the expense of the successful bidder, items not delivered as specified. 20. QUANT The quantities shown are estimated. Palm each County reserves the right to increase or decrease the total quantities as necessary to meet actual requirements. Unless stipulated otherwise, Palm each County will accept NO minimum order requirements. Additionally, bidders are cautioned to bid in accordance with the unit specified on the bid response page. 21. RENEWAL OPTION The successful bidder shall be awarded a contract for twelve 112.) months with the option to renew for four L41 additional Iva u1 month period(s), The option for renewal shall only be exercised upon mutual written agreement and with all original terms, conditions and unit prices adhered to with no deviations. Any renewal shall be subject to the appropriation of funds by the Board of County Commissioners. A renewal shall be revoked if a vendor is suspended by the Purchasing Department prior to the commencement of the renewal period. 22. WARRANTY The successful bidder shall fully warrant all trees, palms, shrubs, and groundcover, furnished hereunder against defect in materials and/or workmanship for a period of twelve (12) months from date of delivery and acceptance by Palm each County. Should any defect in materials or workmanship, excepting ordinary wear and tear, appear during the above stated warranty period, the successful bidder shall repair or replace same at no cost to Palm each County, immediately upon written notice from the Director of Purchasing. Page 530 of 665 Page 12 23. WORK SITE SAFETY/SECURITY The successful bidder shall at all times guard against damage or loss to the property of Palm each County, the bidder's own property, and/or that of other contractors, and shall be held responsible for replacing or repairing any such loss or damage. When applicable, the successful bidder shall provide fences, signs, barricades, flashing lights, etc. necessary to protect and secure the work site(s) and insure that all County, State of Florida, OSHA, and other applicable safety regulations are met. Additionally, successful bidder shall provide for the prompt removal of all debris from Palm Beach County property. Palm Beach County may withhold payment or make such deductions as deemed necessary to ensure reimbursement or replacement for loss or damage to property through negligence of the successful bidder or its agents. 24. INSURANCE REQLRED M_ It shall be the responsibility of the successful bidder to provide evidence of the following minimum amounts of insurance coverage to Palm each County, c/o Insurance Tracking Services, Inc. (ITS), P.O. Box 20270, Long Beach, CA 90801. Subsequently, the successful bidder shall, during the term of the Contract, and prior to each renewal thereof, provide evidence of insurability to ITS at EbpPinstrackinq.corn or fax (562) 435-2999, which is Palm Beach County's insurance management system, prior to the expiration date of each and every insurance required herein. Commercial General Liability Insurance. Successful bidder shall maintain Commercial General Liability Insurance, or similar form, at a limit of liability not less than $500,000 Each Occurrence for Bodily Injury, Personal Injury and Property Damage Liability. Coverage shall include Premises and/or Operations, Independent Contractors, Products and/or Completed Operations, Personal Injury/Advertising Liability, Contractual Liability and Broad Form Property Damage coverages. Coverage for the hazards of explosion, collapse and underground property damage (X-C-U) must also be included when applicable to the work to be performed. This coverage shall be endorsed to include Palm each County as an Additional Insured. Business Auto Liability Insurance. Successful bidder shall maintain Business Auto Liability Insurance at a limit of liability not less than $500,000 Combined Single Limit Each Accident for all owned, non-owned, and hired automobiles. (In this context, the term "Autos" is interpreted to mean any land motor vehicle, trailer or semi trailer designed for travel on public roads.) In the event successful bidder neither owns nor leases automobiles, the Business Auto Liability requirement shall be amended allowing successful bidder to maintain only Hired & Non-Owned auto Liability and shall provide either an affidavit or a letter on company letterhead signed by the bidder indicating either the bidder does not own any vehicles, and if vehicles are acquired throughout the term of the contract, bidder agrees to purchase"Owned Auto"coverage as of the date of acquisition. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form. Workers' Compensation and Employer's Liability Insurance. Successful bidder shall maintain Workers' Compensation & Employer's Liability Insurance in accordance with Florida Statute Chapter 440. A signed Certificate or Certificates of Insurance, evidencing that required insurance coverages have been procured by the successful bidder in the types and amounts required hereunder shall be transmitted to the County via the Insurance CompanylAgent within a time frame specified by the County(normally within 2 working days of request). Failure to provide required insurance shall render your bid non responsive. Except as to Business Auto, Workers' Compensation and Employer's Liability (and Professional liability, when applicable), said Certificate(s) shall clearly confirm that coverage required by the contract has been endorsed to include Palm Beach County as an Additional Insured. Said Certificate(s) of Insurance shall, to the extent allowable by the insurer, include a minimum thirty (30) day endeavor to notify due to cancellation (10 days for nonpayment of premium) or non-renewal of coverage. It is the responsibility of the successful bidder to ensure that all required insurance coverages are maintained in force throughout the term of the contract. Failure to maintain the required insurance shall be considered default of contract. All insurance must be acceptable to and approved by County as to form, types of coverage and acceptability of the insurers providing coverage. Bidder shall agree that all insurance coverage required herein shall be provided by Bidder to County on a primary basis. Page 531 of 665 Page 13 SPECIFICATIONS BID #17-005/ZG LANDSCAPE INSTALLATION AT VARIOUS LOCATIONS, TERM CONTRACT URPOSE AND INTENT The sole purpose and intent of this Invitation for Bid (IFB) is to secure firm, fixed pricing and establish a term contract for Landscape Installation at various locations throughout Palm each County. GENERAL PART I ®SOIL PREPARATION- LANDSCAPING Requirements: A. Work includes soil preparation, and fertilizing. A. Removing waste materials such as stones, roots, or other undesirable foreign material and raking, disking, dragging, ands ootin soil ready for planting B. Immediately clean-up spills, soil,fertilizers, and conditioners from paved or finished surfaced areas. C. Sweep, clean, or pressure wash as directed by the County representative, any areas soiled by successful bidder's operations, to include curbs, concrete pavers, walks, streets, etc. D. Remove all debris and excess materials generated by successful bidder's operations from project site and dispose of in an appropriate dumping site. PART 2-TREES, PALMS, SHRUBS,AND GROUND COVER Requirements: A. Provide all materials, equipment, and labor to install plant materials as specified. QualitX Assurance. A. Inspection: 1. Furnish plant materials inspected by State Department of Agriculture and tagged or otherwise approved for delivery at the growing site. 2. Inspect all plant materials to insure that they are delivered undamaged from transportation. Reject any material that has been damaged or rendered unacceptable due to transporting. B. Plant nomenclature shall conform to the names given in The New Royal Horticultural Society Dictionary o Gardening which is the source cited by the current February, 1998 or latest edition of Florida Grades and Standards for Nursery Plants, by the Florida Dept. of Agriculture and Consumer Services, Division of Plant Industry (henceforth called Florida Grades and Standards). C. Substitutions for plant material shall not be permitted unless authorized in writing by the designated Water Utilities representative. No species shall be approved for substitution without proof that the plant as specified cannot be obtained. The specifications do not prevent the successful bidder from acquiring materials in other geographical areas, special growing, or making other arrangements to insure that the plant species are available and installed according to the specifications. Page 532 of 665 Page 14 Product Storage and Handl!M, A. Materials storage: 1. Successful bidder shall be responsible for delivery and storage of all materials specified. On-site areas for temporary plant storage shall be only as approved by the County representative. 2. Outside storage shall be shaded and protected from sun and wind. 3. Stored plant materials shall be watered at a frequency that will maintain the in a vigorous, healthy condition until they are installed. Job Conditions; A. Plant installation should occur only when weather and soil conditions are suitable and in accordance With accepted industry practices. B. The successful bidder shall exercise care in digging and other work so as not to damage existing work including underground pipes and cables, and the pipes and hydrants of watering systems. Should such overhead or underground obstructions be encountered which interfere With planting, the designated County representative shall be consulted and will advise the successful bidder as to the required adjustments to the layout. The successful bidder is required to contact "Sunshine State 1" (or its successor replacement service company) at 1-800-432-4770 to schedule the locating of utilities which subscribe to their service. Plant Guarantee and Replacement: A. The successful bidder shall warrant that all trees and palms planted under this contract will be healthy and in a flourishing condition of active growth twelve (12) months from the date of final acceptance by the designated Water Utilities representative. Shrubs and groundcover shall be warranted under the same conditions for a period of twelve (12) months from date of final acceptance. B. At the end of the twelve (12) month guarantee period, the County representative shall determine requirements for replacement plants and provide the successful bidder with a list of deficiencies. The successful bidder shall replace, without cost to the County, all dead or dying plants, and all plants that are not in a vigorous, thriving, condition. Replacement plants shall be of the same nomenclature and procurement specifications as the originally installed plants. C. A schedule of the replacement times and procedures will be issued to the successful bidder by the County representative indicating the time required to complete warranted replacement(s). All warranted replacement materials shall be guaranteed for a period of twelve (12) months. This additional guarantee period will commence from the date of acceptance of replacement materials by the County representative. PART 3- PRODUCTS Plant Material: A. "Standard Plant Names" shall be authority for plant names. Plant materials shall be of standard quality true to name and type and representative of their species and cultivar. Well formed and shaped, true to type, and free from disease, insects, sun-scald, windburn, cold damage, injuries, abrasions or disfigurement, that would render them unacceptable as specified. B. Nursery grown: ANSI 260.1-1990 or latest edition. 1. Grown under climatic conditions similar to those in locality of project, and in soils similar to that in which they are to be planted. 2. Container grown stock: a. Must have grown in container fora minimum of 60 days before delivery to project site b. Not root bound or with root system hardened off C. Plants shall be Florida #1 grade according to G ades and Standards for Nu Fy,_ February, 1998, or latest edition. Page 533 of 665 Page 15 D. Plants shall be measured when branches are in their normal position. Height and spread dimensions specified refer to the main bodv or canopy of plant n widest branches tip-1 The height and width specified are the MINIMUM sizes acceptable and are the measurements after pruning where pruning is required. E. All plants shall be subject to the approval of the County representative. Plants may be inspected at the grower's nursery or at the place of collection. Approval of plants at the source does not alter the right of rejection at the project site. All plants which are found unsuitable in growth or condition or which are not true to name shall be removed at the expense of the successful bidder and replaced with acceptable plants as specified. F. No substitution of material types, specification, or sizes will be permitted without written authorization from the County representative. Water: A. Successful bidder shall provide labor and equipment necessary to distribute water as required for all installed materials. Existing or proposed irrigation systems should not be relied upon to provide water for newly planted materials. B. Successful bidder shall provide watering for the first ninety(90) days at no additional charge to the County. After the first ninety(90)days, the per watering man hour rate for watering offered on the Bid Response page shall apply. Fertilizer: X Successful bidder shall provide commercial grade fertilizer uniform in composition, dry and in a free-flowing condition for application by suitable equipment, delivered in unopened bags or containers, each fully labeled and complying with State of Florida fertilizer laws, at no additional charge to Palm each County. B, For palm trees, non-flowering trees, flowering trees, shrubs, and ground-covers use 12-2-14, with slow-release nitrogen (sulfur coated), to include minor elements. All fertilizers shall be applied at rates indicated and according to manufacturer's specification for new plantings, at no additional charge to Palm each County. qffiress Blend Mulch: A. Mulch shall consist of Cypress blend mulch, free of sand, dirt and seeds. The mulch shall be screened and reduced in size to no larger than one inch (1') in diameter. B. Mulch shall be brown in color. C. New mulch shall be two (2") inches in depth. D. Successful bidder shall submit certification that the mulch is free of arsenic and construction debris. Topc_Soil A. Soil: 1, Planting Soil (backfill material)—specified planting soil for trees and plants shall be a uniform mixture of 50%bio- solids co-compost and 50% topsoil (sandy loam), Mixture shall use indigenous materials only and be manufactured specifically for backfill planting of trees and plants. Bio-solids co-compost shall be "AliGro' (screened to 1" maximum size) ora roved equivalent. a. Compost shall be a stabilized mixture derived from organic wastes such as food and agricultural residues, animal manure, mixed solid waste and bio-solids (treated sewage sludge)that meet all State Environmental Agency requirements, The product shall be well composted (mature compost, not green compost), free of viable weed seeds and nematodes and contain material of a generally humus nature capable of sustaining growth of vegetation, with no materials toxic to plant growth. b. Topsoil shall be fertile, friable, without mixture of subsoil materials, and obtained from a well-drained, arable site with representative characteristics of area soils (sandy loam texture). It shall be free from heavy clay, lime rock, shell rock, stones, lumps, plants, roots, or other foreign materials, or noxious grass (such as Bermuda or nut grass) and noxious weeds. It shall not contain toxic substances which may be harmful to plant growth. The pH range shall be 5.0 to 7.0 inclusive. Contractor may be required to submit results of soil tests for top soil proposed for use under this contract for approval by the Owner's Representative. The use of existing on-site topsoil (tilled and loosened in the planting hole) is permitted if a soil analysis proves it meets the above specifications. Page 534 of 665 Page 16 Sod: A. Sod shall be St.Augustine Floratam, Celebration#419 or Latitude#36 Bermuda grass. B. Grass shall be nursery grown, healthy, live, fresh, uninjured and shall be a fibrous grass with well (mature) matted grass roots. C. Grass shall be free of weeds, insects,fungus, debris and any other undesirable grasses. D. Grass shall be delivered in pallets which shall be clean, cut in rectangles, either by hand or machine, at a uniform thickness, grass blades shall be cut to a height of not more than 3 inches. E. Grass widths shall not be less than 12 inches, and lengths not less than 24 inches. F. Celebration 4419 or Latitude#36 Bermuda grass shall be classified as certified stock or shall originate from certified stock and harvested from a licensed sod grower. G. Bermuda grass pallets shall have a uniform soil thickness of 0.60 inches, unless otherwise agreed upon. Landscape_Gravel and Stone: A. Gravel and stone shall include a wide variety of decorative stones and gravel in many different size, shape and colors. Successful bidder shall provide at vendor's cost. PART 4- EXECUTION A. Inspect the site to determine site conditions. B. Inspect all plants for injury, insects, diseases, or any other deficiency that would render them unacceptable. Remove unacceptable plants from the project-site immediately. C. Inspect site for availability and equipment accessibility to water installed materials. Preparation: A. Prior to installation of plants, the planting area shall be cleaned and free of weeds, grasses, sod, debris, rocks, and other material making the site unplantable. Excavation: A. Planting Pits and Trenches: 1. Shape: a. Vertical sides and flat bottom b. Plant pits to be square or circular 2. Size for Trees: a. Depth to be increased as necessary to accommodate planting ball such that the ground line collar of tree is located 1" above the level of finished grade. Auger as necessary to provide for water percolation. A minimum of 8"of compacted planting soil backfill shall be provided below the root ball. b. Width or diameter:2'greater than diameter of planting ball(12"all sides)at a minimum. 3. Size for Shrubs and Ground-covers: a. Excavate entire area to be planted with shrublgroundcover masses or linear hedges to minimum depth of 12". B. EXCAVATED SOILS SHALL NOT BE UTILIZED AS PLANTING SOIL BACKFILL unless the on-site soil meets the topsoil specification for use in planting soil and is approved by the County. If excavated materials are found not suitable for use as topsoil component of planting soil, then excavated rnaterial shall be removed and disposed of in an appropriate dumping area off-site. Page 535 of 665 Page 17 C. Excavation shall consist of, but not be limited to, the following material: 1. Groundcover: 6"to 12" in Height 2. Shrubs: 12"to 36" in Height 3. Small Tree: 4' to 6'with 2-3"Caliber trunk 4. Large Tree: 9'to 20'with 4-8" Caliber trunk 5. Palm Trees: 4'to 0'with 4-18" Caliber range D. Excavation shall include complete removal of landscape material and root ball. E, Successful bidder is responsible for all disposal fees. Ekotin g, A. Container grown materials: 1. Place plant in center of pit or trench on level, tamped planting soil, facing for best effect or as directed by the County representative. Set each plant vertical and ensure that spacing between plants is according to specifications. 2. Set plant plumb and hold in position until soil has been back-filled and firmly tamped around planting ball. Hand water backfill and rootball until all are thoroughly soaked and settled in the pits; continue to water and work soil around root ball lightly compacting and eliminating air pockets. 3. Verify all water percolates from planting pits. 4. After soil settles from initial watering, fill remainder of pit with additional planting soil as necessary; add specified fertilizer and water well. Rake entire planting area smooth leaving surface even with finish grade. 13Field grown/balled and burlapped plants: 1. Place plant in pit on specified backfill material that has been hand tamped prior to placing plant. 2. Place tree with burlap intact so location of ground line collar of ball is 1" above the level of finished grade. Set plant plumb and hold rigidly in place before loosening burlap or adding backfill. 3. Loosen binding at top of planting ball and lay top 1/3 of burlap back. Do not remove burlap. 4. Place backfill material around rootball at the same time adding water to the pit. Continue adding backfill and water until pit is even with finish grade and all air pockets are eliminated. Add specified fertilizer to surface of back-filled of planting pit before mulch. 5. If wire basket and/or synthetic burlap is used, follow procedure above, except after setting tree, cut-off and remove upper 1/3 of wire and bend back remaining wire flat on floor of pit to prevent future girdling of major roots. Completely remove all synthetic materials such as nylon rope and synthetic burlap from pit. C. Fertilizer: 1. Install specified fertilizer on top of back-fill soil in a circle around the edge of root zone for each tree or plant and mix lightly into the top 2" of soil at time of planting before mulching, at no additional charge to Palm each County. Do not touch plant with fertilizer. Water in the fertilizer after mulching. The County representative may inspect the installation to verify that fertilizer has been installed. The successful bidder shall notify the County representative that planting and fertilizing operations are complete and request verification. The successful bidder shall re-apply fertilizer, at the direction of the County representative, to any plants where evidence of previous installation cannot be verified, at no additional charge to Palm each County. 2. Fertilizer installation shall use the following rates: a. Trees-'12 pound fertilizer per 1 -inch of tree caliper b. Palms-'t2 pound fertilizer per I - inch of trunk caliper c. Shrubs/ground-cover- 1 pound fertilizer per 25 sq.ft, planting area Page 536 of 665 Page 18 Maintenance of Installed Materials: A. Plant Materials: 1. The successful bidder's maintenance period shall begin immediately after plants are installed and continue until final inspection and acceptance of the entire work under the contract by the County representative. 2. The successful bidder shall provide necessary labor, equipment, and materials to maintain all newly installed plant material. Maintenance shall include, but not be limited to, watering, fertilizing, trimming, weeding, etc., and any work required to maintain plant material in a vigorous, healthy, thriving, condition. 3. The requirements of the successful bidder to maintain installed plant materials will end upon acceptance of the installation by the County representative. The issuance of a final Certificate of Acceptance and takeover by the County's maintenance operations, does not eliminate the successful bidder's requirements to guarantee materials and installation. B. Watering: 1. All installed shrubs, and ground-covers shall be hand-watered over entire root zone with slow, deep root penetration with a minimum of 2"of water per day for the first two (2) weeks and 1-314" of water every other day during the next eight(8)weeks after installation. 2. The successful bidder is responsible for notifying the County representative if plant materials shall require hand- watering after final acceptance of the work. The minimal frequencies established above SHALL NOT limit the successful bidder's requirement for providing adequate watering to the establishment, proper acclimation and maintenance of all plant materials. 3. All installed trees shall be hand-watered over the entire root zone with a slow soaking at 4-gallons per minute for deep root penetration and protection of surface roots, mulch, and earth berm around saucer. Successful bidder shall be responsible for adequate watering of all installed trees from the time of planting until final acceptance at the completion of the minimum twelve(12) month maintenance/guarantee period. 4. The following water guideline has been established for successful bidder's information only and shall be considered only as an estimate of water needed. Depending on climate, rainfall, soil, and plant conditions, the successful bidder shall adjust the water schedule and amount per application to meet optimum plant growth conditions. The successful bidder shall be responsible for monitoring climate and plant soil moisture conditions, and determining if watering beyond or less than the watering guideline described below shall be applied. 5. Water Use Guideline: Amount of Water Applied Trees and Palm Trees: Apply a minimum of 15-gallons water per tree at each application. Water applied should be a slow soaking at 4-gallons per minute, maximum. Minimum Frequency Guideline for Hand-Watering: Material Day Frequency Applications Trees 1-30 Daily 30 l Trees 31-180 Every 3`d Day 50 Trees 181-325 Every 7t" Day 20 Trees 326-361 Every12"' Day 3 6. Frequency and number of applications may vary due to climate, rainfall, soil, and plant conditions. Less water may be used during wet, cool periods whereas more water may be needed during hot, dry periods. Successful bidder shall adjust as needed for optimum plant health. 7. Damage resulting from erosion, gullies, washouts, or other causes shall be repaired by the successful bidder by filling with topsoil, reshaping earth berm and saucer, tamping to re-stabilize slopes, and replacing lost fertilizer and mulch at no additional cost to the County. 8. Successful bidder to use spray diffuser on the end of the hose to ensure water is applied gently so as not to displace mulch or expose root systems. Page 537 of 665 Page 19 ,Final Insoection and-,AcopUnce: A. Successful bidder shall submit in writing a request for final inspection for completion from the County representative of each area of work as it is completed. The County representative shall determine if the work is complete and schedule a final inspection as may be appropriate. The County representative will provide the successful bidder with a written list of any deficiencies identified during the inspection. B. The successful bidder shall correct the list of deficient items including replacement of plant material within fifteen (15) calendar days and notify the County representative that the corrections are complete, The County representative will re-inspect the completed work and issue one of the following: 1. Letter of rejection indicating any deficiencies that remain 2. Letter of acceptance indicating that the work is acceptable, after which final payment shall be made to the successful bidder C. Plant material rejected during the course of landscape installation shall be removed within five (5) calendar days of notice by County representative and replaced before the final inspection for completion will be scheduled. ® RESPONSIBILITIES The County shall order on an as needed basis. The County shall reserve the right to require the removal of any of the successful bidder's employees from the project, if in the County's judgment, such removal is necessary to protect the County's interest. PAYMENT Payment is based on the unit price provided on the bid response page. Payment shall be rendered ONLY upon the County's satisfaction of items delivered and services rendered. Price shall include, but is not limited to, all supervision, plants, palms, trees, fertilizer, mulch, soil, sod, labor, equipment, materials, tools, machinery, shipping, transportation, travel, manpower, fuel, mobilization, demobilization and other facilities and services necessary to fully and completely provide the service(s)as specified herein. No additional compensation shall be offered or paid. Page 538 of 665 Page 20 BID RESPONSE BID #17-005/ZG LANDSCAPE INSTALLATION AT VARIOUS LOCATIONS, TERM CONTRACT LOT 1 – T ILI L PLANTINGS INSTALLATION A breviations: BIR – Bare Root; BTD - Booted; CT - Clear Trunk; DBH - Diameter Breast Height; FG - Field Grown; GW 76—rey Wood; HGT-Helght; M.S. - Multi-stem; OA - Overall; RPG - Root Plus Grower; SPD - Spread; STD - Standard; FTB-Full to Base;Tpl.-Triple Trunk. All Plant Material needs to conform to Florida Grades and Standards Florida#1. ESTIMATED IT T PRICE OFFER NO. DESCRIPTION 12 MONTH TITY UNIT L (UNIUINSTALLED) (ITOTALNSTALLED) C) QUAN L [GROUNDCOVER(BARE ROOT, LINER,4" PLUG) E 1® 0 Alligator Flag (Thalia Geniculata)Br(24-30"oa.) 1:0100 0 000 EA ......... $ American Lotus( Nelumbo Lutea) 2. 500 Br(12-18" oa.) EA 3. Arrow Arum ( Peltandra Virginica) 1000 EA Br(12-18" oa.) ............. $ 4. Arrow Arum (Peltandra Virginica) 1000 EA $ Liner Arrowhead ( Sagittaria Lancifolia) 5. 1000 EA Br(118-24" oa.) ....,.0 $ 6. acopaopa(Bacopa spp)–Br(12-18"oa.) 500 EA $ ...................... 7. Blue Flag Iris(Iris Virginica)–Br(18" oa.) 1000 EA $ 8. Broomsedge(Andropogon )–4" Plug 1000 EA I.......................... 90 Cord Grass(Spartina Bakeri)–Liner 1000 EA $ $ ........... 10. Cord Grass(Spartina Baked)–4" Plug 1000 EA $ $ 11. Duck Potato(Sagittaria Latifolia) 1000 EA Br(118-24"oa.) 12. Floating Hearts (Nymphoides Aquatic) 500 EA Br(12-18" oa.) $ $....... 13. Giant Bullrush (Scirpus Californicus) 1000 EA Br(24-30" oa.) $ 147� izhly Grass(Muehienbeckla Axillaris) 1000 EA Liner .. . ............................. 15. Pickerel Weed (Pontederia Cordata 1000 EA Br(18-24" oa.) $ Redroot(Lachinanthes Caroliniana) 16. Br(12" oa.) 1000 EA .......... All unit prices bid should be within two(2)decimal points. If bidder's pricing exceeds two(2)decimal points, Purchasing reseryes the right to round up or down accordingly. Continued... FIRM NAME: Page 539 of 665 Page 21 BID RESPONSE BID #17-005/ZGLANDSCAPE INSTALLATION VARIOUS LOCATIONS, TERM CONTRACT LOT 1 —WETLANDILITTORAL PLANTINGS INSTALLATION Abbreviation: — are Root; TD - Booted; CT- Clear Trunk; DBH - Diameter Breast Height; F - Field Grown; C -Grey Wood; rehhh-h-h,� H T-Height; M.S. - Multi-stern; CA - Overall; RPG - Root Plus Grower; SPD - Spread; STD - Standard; FT -Full to Base;Tl.-Triple Trunk. All Plant Material needs to conform to Florida Grades and Standards Florida 1. ESTIMATED I DESCRII 12 T IT (INSTALLED)IPRICE (INSTALLED) QUANLl (BARE ROOT, LINER, /9 PLUG) (Continued) 170 Saw Grass (Cladiu )amaicense)® 1000 EA Liner 13. Soft Rush (Juncus usus) 1000 . EA r(12-18"oa.) .,s.,.................„ 19. Soft Stem Bullrush(Scripus Vali us}- 1000 EA Br(16®24"oa.) $ 0. S atter ock(Nuphar Luteum) r(12m16" .) 1000 EA Spike hush(Eleocharis Cellulase ) 21. Br(12-16"oa.) 1000 EA --------------------------_ $ Spike us (Eleocaris Interstincta ) F22. r 112-1 " oa. 1000 EA $ 23. St Johns Wort(Hypericurn spp.) Liner1000 EEA 24. String Lily(Crinurn Americanurn) 1000 Br(12"oa.) _ ........ ....... 2 . Swarm ern( lec urn Serrulatum ) r 12-16` off ) 1000 E F-1 Tape Crass(Vallisneria American)2 r�°1 ®16'" oa. 1000 A 7. Water Lily( y paea Ctdorata) 1000 EA Br(12 oa.) ®w.— ........ ,.. .. Yellow Canna (Canna Flaccida) 26. r 118-24" oa. 1000 EA e..... Water Lily(Nymp aea orata) 2r('12 oa.) 1000 EA PLANT MATERIAL(1-15 GALLON) 30. Bald Cypress(T xodium istic um) 1003 EA 1 gal. 18-24"ca. Bald Cypress(Tax€sdium Distichum) 31. i 10 gal. 6-6" ca. 100 EA $ $. Bald Cypress(Taxodium istichu ) 3 gal. -4'oa. 100 EA aid Cypress(Taxodiu Distichum) 3 7 ;al. -6'oa. 100 $ _. All unit prices bid should be within two(2)decimal points. If bidder's pricing exceeds two(2)decimal paints, Purchasing reserves the right to round up or down accordingly, Continued... FIRM NAME: Page 540 of 665 Page 22 BID RESPONSE BID #17-0051ZG LANDSCAPE INSTALLATION AT VARIOUS LOCATIONS, TERM CONTRACT LOT 1 —WETLANDILITTORAL PLANTINGS INSTALLATION Abbreviations: BR— Bare Root; BTD - Booted; CT - Clear Trunk; DBH - Diameter Breast Height; FG - Field Grown; GW - Grey Wood; HGT-Height; M.S. - Multi-stem; OA - Overall; RPG - Root Plus Grower; SPD - Spread; STD - Standard; FTB-Full to Base;Tpl.-Triple Trunk. All Plant Material needs to conform to Florida Grades and Standards Florida#1. ESTIMATED - ... ITEM UNIT PRICE TOTAL OFFER NO. DESCRIPTION 12 MONTH UNIT (INSTALLED) (INSTALLED) QUANTITY PLANT MATERIAL(1-15 GALLON) (Continued) 34. i Beautyberry(Callicarpa Americana) 100 EA 4 3 gal. 24" oa. �._ $ m 35 Blue Flag iris(Iris virginica)—1 gal. 15" 100 EA oa. .. ..... w 4. Button Bush(Cephalanthus EA 36. Occidentalis) 100 $ 1 gal. 12-15" oa. 37. Button Bush(Cephalanthus ccidentalis) 100 EA 3 gal. 18-24"oa. $ $. 38. Coontie(Zamia pumila)—1 gal. 6-12" 100 EA oa. 39. Coontie(Zamia pumila)—3 gal. 18" oa. 100 EA $ $ 40. Cord grass(Spartina bakeri) 100 EA 1 gal. 18"oa. $, $- Cord grass(Spartina bakeri) EA 41. 3 gal. 24-30" oa. 100 $. $ . 42. Corky Stem Passionflower(Passiflora 100 EA suberosa)—1 gal. 12" oa. $ $ 43. Corky Stem passionflower(Passiflora 100 EA Suberosa�—3, al. 12-18" oa. $ $ 44. Dahoon Holly(Ilex Casine) 100 EA 10 al. 6-8' oa. $ 11 $ __........ � _ 45. Dahoon Holly(Ilex Casine)—3 gal. 34 100 EA o $ $ a. 46. Dahoon Holly(Ilex Casine)—7 gal. 5-6' 1 100 EA oa. $....... $ _............. .................. 47 Dune Mistflower(Ageratum Littorale) 100 EA 1 cal. 6" oa. 1� $- $ 48 Fakahatchee grass(Tripsacum 100 EA Dactvloides',�1 dal. 24" oa. $ $ 49 Fakahatchee grass(Tripsacum 100 EA Dact loides 3 £al. 36" oa. $ - $ 50. Firebush (Hamelia Patens) 100 EA 3 cal. 18-24"oa. $ � $ 51. Florida Red Bay(Persea Borbonia) 100 EA 1 al. 24" oa. $ 52. 1 Florida Red Bay(Persea Borbonia) 100 EA 3al. 36" oa $.._ ......._ $. _ .. All unit prices bid should be within two(2)decimal points. If bidder's pricing exceeds two(2)decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME: Page 541 of 665 Page 23 LOCATIONS,BID RESPONSE BID #1 7-005/ZG LANDSCAPE INSTALLATION AT VARIOUS TERM CONTRACT LOT 1 —WETLANDILITTORAL PLANTINGS INSTALLATION Abbreviations: 13 — Bare Root; BTD - Booted; CT - Clear Trunk; DBH - Diameter Breast Weight; Ftp - Field Grown; GW - Grey Wood; HGT-Weight; M.S. - Multi-stem; CA - Overall; PPG - Root Plus Grower; SPD - Spread; 5T - Standard; FTP-Full t® ase;Tpl.-Triple Trunk. All Plant Material needs to conform to Florida Grades and Standards Florida 1. ITEM 1 ESTIMATED MONTUNIT I I TOTAL F NO. DESCRIPTION TI (INSTALLED) (INSTALLED) QUAN PLANT MATERIAL(1-15 GALLON) (Continued)_ Florida Camagrass(Tripsacum 53' Flrianurn) 1 al. 18" oa.54. 100 ` Florida Gamagrass(Tripsacum Florid num)3 gal. 24"oa.55. 100 Green Cocolum ( hrysobalans Ivaco) P,' 1 al. 12"oa. 100 $. 56. Green Cocolum (Chrysobalanus Icao ) 100 EA gal. 18-24" oa. � � �... Horizontal Coco lura (C rysobalnus A . Icaco) 100 3 qal. 12"oa. Jamaica Caper(Caaris Jarnaicensis) 58. 3 gal. 18-24" oa 100 EA .. $ ..,.....,... �. Laurel Oak(Quercus Laurifolia) 5g. 15 gal. 8-10' oa. 1 QQ EA m6:................................................ ... ... ... ... ... ... .,,. $u . � . 60. Laurel Oak(Quercus Laurifolia) 100 EA 1 gal. Toa. Laurer a (Quercus Laurifolia) 1. 3 gal. 4-5' oa. 100 EA �_. 62. Leather Fern (Acrostichurn Danaeifolium) gal. 18- 4" oa. 100 A Leather Fern (Acrostic um IOanaeifolium) . 1 gal. 12"oa. 100 EA 4. Live Oak(Quercus Virginiana) 100 EA 1 ;al. 3'oa _._ Live _Oak(Quercus Virginiana) 6 3 7jal. 4' oa 100 EA Live Oak(Quercus Virginiana) 6 al. -6'oa 100 A µµµ Live ak(Quercus Virginiana) 7. 15 . 1. -1 ' oa 100 EA -------- 68. uhly Grass( uehleneckia Axillaris) 100 EA 1 areal. 12" o . 69. Zhly Crass ( uehl n ec is Axillaris) 100A 3 gal. 1 -24"oa. 11 ®_ $----- rsie( yrsin Cubana) ?0. 3 9 al. 18-24" oa 100 A ....................... � .� Pond Apple(Annona labra) 71. 1 r a I. Toa. 100 �' . .____________.._..._ Is— All unit prices bid should be within two(2)decimal points. If bidder's pricing exceeds two(2)decimal points, Purchasing reserves the right to round up or down accordingly. Continued... NAME:FIRM Page 542-Of 665 Page 24 BID RESPONSE BID #17-0051ZG LANDSCAPE INSTALLATION AT VARIOUS LOCATIONS, TERM CONTRACT LOT 1 —WETLAND/LITTORAL PLANTINGS INSTALLATION Abbreviations: BR — Bare Root; BTD - Booted; CT- Clear Trunk;DBH Diameter Breast Height; FG - Field Grown, GW Grey Wood; HGT-Height; M.S. - Multi-stem; OA - Overall; RPG - Root Plus Grower; SPD - Spread; STD - Standard; FTB-Full to Base;Tpl.-Triple Trunk. All Plant Material needs to conform to Florida Grades and Standards Florida#1. ITEM ESTIMATED UNIT PRICE TOTAL OFFER NO DESCRIPTION 12 MONTH UNIT (INSTALLED) (INSTALLED) QUANTITY PLANT MATERIAL (1-15 GALLON) (Continued) 7 Pond Apple(Annona Glabra) 100 EA 3 gal.4' oa. $_ $ Pond Apple(Annona Glabra) 73. 7 gal. 5-6'oa. 100 EA $__ .......:. 74. Pond Cypress(Taxodium Ascendens) 100 EA 1 gal_3'oa $ $ _ s 75 Pond Cypress(Taxodium Ascendens) 100 EA 10 gal. 6-8' oa. $ $ 76 Pond Cypress(Taxodium Ascendens) 100 EA 3 gal. 4'oa J $ $ 77 Pond Cypress(Taxodium Ascendens) 100 EA 7 gal. 5-6' oa. 78. Red Maple(Acer Rubrum)—1 gal. N oa. 100 EA 79. Red Maple(Acer Rubrum) 100 EA 10 gal. 6-8' oa. $.�..... $. 80. Red Maple(Acer Rubrum)—3 gal. 4' oa. 100 EA $ $ 81. Red Maple(Acer Rubrum)—7 gal. 5-6' 100 i EA oa. I . _-------- $ .......... .. . Redtip Cocoplum (Chrysobalanus Icaco) 82' 12"oa. 100 EA 83. Redtip Cocoplum (Chrysobalanus Icaco) 100 EA 3 gal. 18-24"oa. $. _.. $ . ...... 84. Saw Grass(Cladium Jamaicense) 100 EA 85. Saw Palmetto(Serenoa Repans) 100 EA 10 gal. 30-36"oa. $. 86. Saw Palmetto(Serenoa Repens) 100 EA 1 _gal. 6-10" oa. $. $: Saw Palmetto(Serenoa Repens) 87. 3 gal. 10-15'oa. 100 EA $ $ All unit prices bid should be within two(2)decimal points. If bidder's pricing exceeds two(2)decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME: Page 543 of 665 Page 25 BID RESPONSE BID #17-005IZG LANDSCAPE INSTALLATION AT VARIOUS LOCATIONS, TERM CONTRACT LOT 1 —WETLANDILITTORAL PLANTINGS INSTALLATION Al rgviation§: BR — Bare Root; 13TD - Booted; CT - Clear Trunk; DBH - Diameter Breast Height; FG - Field Grown; GW - Grey Wood; HGT-Height; M.S. - Multi-stem; OA - Overall; RPG - Root Plus Grower; SPD - Spread; STD - Standard; FTB-Full to Base;Tpl.-Triple Trunk. All Plant Material needs to conform to Florida Grades and Standards Florida 41. ITEM ESTIMATED UNIT PRICE TOTAL OFFER NO. DESCRIPTION 12 MONTH UNIT QUANTITY (INSTALLED) (INSTALLED) PLANT MATERIAL(1-15 GALLON) (Continued) 88 Saw Palmetto(Serenoa Repens) 100 EA 7 gal. 24"oa. $ $. 89 Seagrape{Coccolaba Uvifera) 100 EA 3 gal. 24-30"oa. $. St. Johns Wart(Hypericum spp.) 90. 1 gal. 6 10" oa. 100 EA $ $ y String y1g(Cal 18 oa.encanu � y � Lily 91. m) 100 EA $ $ Sunshine Mimosa(Mimosa EA 92. Strigillosa) 100 $ $ 1 cial. 4-6"oa. w 93. Swamp Bay(Persea Palustris) 100 EA 1 gal. Toa. $. ..... $...__e... 94 Swamp Bay(Persea Palustris) 109 EA 3 gal. 4'oa. $. $ Swamp Fern(Blechum Serrulatum) 95. 1 e al. 12-18"oa. 100 EA $ $ Sweet Bay(Magnolia Virginiana) 96. 1 gal. 3' oa. 100 EA $ $„ 97 Sweet Bay(Magnolia Virginiana) 100 EA $ $ 3 gal. 4'oa Tropical Sage(Savlia Cocconea) 98. 1 gal. 6-10"oa. 100 EA $ $ Wax Myrtle(Myrica�Cerifera) 99. 1 gal. 12"oa. 100 EA $. $ Wax Myrtle{Myrica Cerifera} 100. 10 al. 4' oa 100 EA $. $ Wax Myrtle(Myrica Cerifera) 101. 100 EA . $ $ 3 al. 34°oa. 102. White Indigo Berry(Randia Aculeata) 100 EA 3 gal. 15-18" $ $, 103. Wild Coffee(Psychotria Nervosa) 100 EA $ $ 1 al. 12" oa. 104. Wild Coffee(Psychotria Nervosa) 100 EA 3 al. 24"oa. 11 1 $_.__ 105. �_Yaupon Holly(Ilex Vomitoria) 100 EA 3 oal. 12" oa. $._..__. $ TOTAL OFFER LOT#1 tems1 - 105 $ All unit prices bid should be within two(2)decimal points. If bidder's pricing exceeds two(2)decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME: Page, 544-of 665 Page 2 BID RESPONSE BID #17-005/ZG LOCATIONS,LANDSCAPE INSTALLATION AT VARIOUS TERM CONTRACT 2—LANDSCAPE PLANTI INSTALLATION Abbreviations: BIR— Bare Root, BTD - Booted; CT - Clear Trunks DEH - Diameter Breast Height; FG - Field Grown; Glut` - Grey Wood; HGT-Height; M.S. - Multi-stem; OA - Overall; RPG - Root Plus Grower; SPC? - Spread; STD - Standard; FTS-Full to ase;Tpl.-Triple Trunk. All Plant Material needs to conform to Florida Grades and Standards Florida 1. ITEM I ESTIMATED MONTH UNIT IT PRICE TOTAL �QUANTITY (INSTALLED) (INSTALLED) BARE ROOT('t 45 GALLON) — 1. Agave(Agave Attenuate) 0 EA 10 gal. -24-30° oa. -.......... _ uLL .. 2. Arboricola(Schefflera Arboricola) 100 EA 10 gal. -4' oa. $- --�--�- $1-1-11-1-1-1..,.. :�uuv.. 3. Arboricola(Schefflera Arboricola) 100 EA 7 gal. -36"oa. ,. - 4. Arboricola Trinette(Arboricola spp.) 200 EA 3 gal. - 18-24"oa. 5. Arboricola Trinette(Arboricola spp.) I 200 EA . � 7 gal. -36"oa. Is r _ - 6 Asiatic Jasmine(Tracelosper urn 100 EA Asiaticum) 1 gal. - 1 "spd. _......______........... .. 7. Auntie Lou( Cor yline Fruticosa ) 100 EA 7 gal. -36" ca. 8. Bahama Cassia(Senna Mexicana 100 EA - C apmanii)7 gal. -24-30"oa. .®—.... _. . Bahama Dwarf Coffee( sycotria 100 EA Ligustrifolia)—3 gal. 18-24" oa. i . ... .. -.-- i 10. Reautyberry(Callicarpa Americana) 100 EA i 3 gal. -24° ca. .. _ .. r. 11. lack Magic(Cordyline ruticosa) 100A 7gal. -36"oa. --- -- �,,,, 1 Blanket Flower( aillaria Pulchlla) ,t 100 A 1 gal. - 1 ' spd. �...® 13. Blueberry Flax( ianella Tasmnica) 100 A 1 gal. - 12° oa. ......_ 14. Bougainvillea (Bougainvillea spp.) 100 EA 10 gal. trellis 15. Bougainvillea(Bougainvillea s .) 100 3 gal. - 18" ca. A 16. Bougainvillea(Bougainvillea sp .) 100 EA 7 gal. Trellis Bromeliad Species(Alcantarea A 17. Oorta ) 50 15;'al. - 18" oa. ,,. .� .. .m..M. Confederate Jasmine EA 16. (Trachelcospermum Jasminoides)7 100 $ al. Trellis — All unit prices bid should be within two( )decimal points. If bidders pricing exceeds two( )decimal points, Purchasing reserves the right to round up or down accordingly. Continued... Irz... . .... . age 545—oT665 Page 27 LOCATIONS,BIDRESPONSE BID #17-005/ZG LANDSCAPE INSTALLATION AT VARIOUS TERM CONTRACT L —LANDSCAPE PLANT MATERIAL INSTALLATION 6 r (ploy R _ Bare Root; BTD - Booted; CT Clear Drunk; DH - Diameter Breast -:eight; FG - Field Grown; GW - Grey Wood; HGT-Height; M.S. - Multi-stem; OA - Overall; RPG - Root Plus Grower; SFS - Spread; ST - Standard; FTI3-Full to ase;Tpl.-Triple Trunk. All Plant Material needs to conform to Florida Grades and Standards Florida 1. DESCRIPTIONITE ESTIMATED MONTH UNIT UNIT PRICE OTAL OFFER TIQUAN (INSTALLED) (INSTALLED) L __ - tikk,A9c: BARE T( —45 GALLON) (Continued) 19. 1Coontie(Zamia ur ila) 100 EA 1 gal. 10" oa. $ _ 0. oontie(Zarnia Purnila) 100 EA gal. 15-16" oa. 1. oontie(ZamiaPumila) 100 EA 7 gal. 2430"oat. _. 22. upper Leaf Variety(Acaiypha 100 FA ilkesiana)3 gal. 24-3 "spa. Cord brass ( partingBaked) 3. 1 gal. 15"ca. 200 EA ._.._.._.._.._.._.._.._..._._._. _............... 24. Cord Grass( parting akeri) 200 EA al. 0" oa. ; $ 25. ryCrinurn Lily(Crinum spp.) 100 EA 15 dal. 4` oa. $. 26. Croton(Croton sp.) 100 EA $ 3 qal. 15-18" oa. 27. Crown of Thorns( uporbia ilii) 1 OQ EA 1 ;al. 10"oa. $ 23. Dahoon Holly—(Ilex Cassine) 100 EA 15 gal. 5-6'oa. $ 29 a oon Holly—(Ilex Cassine) 100 EA - 7 gal. 3-4' oa. $ 0. Desert Candles ( ulbine Frutescens) 1Q0 A 1 gal. 1 "oa. $ ....... ............� Dwarf Fakahatchee Grass(Tripsacurn 31. lorid ,anur ) 1 al. 15"oa. 200 EA $ $ Dwarf Fakahatchee Crass(Tripsacum 2. Florianum) ,;al, 24' oa. 200 A $ 33. Dwarf Firebush(Harnelia (nodosa) 100 - A 3 -al. 1 -24" oa $ - ®m Dwarf Oleander—( eriurn Oleander) 34. 3 al. 24"'oa. 1Q A $ $ - Fakahatchee Grass(Tripsacum 35' act loies) 1 al. 1 -13" oa. 200 EA $ $ . Fakahatchee Grass(Tripsacum 200 EA actvioldes)3 gal. 6"oa. False --_-ave"Varie ata" ( rcraea 37. Foetia) 7 al. 4-30" oa. 50 A $_ __..._..._ ;; $_._ All unit prices bid should be within two( )decimal points. If bidders pricing exceeds two(2)decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME: Page 546 of 665 Page 23 BID RESPONSE BID #17-005/ZG LANDSCAPE INSTALLATION AT VARIOUS LOCATIONS, TERM CONTRACT LOT 2-LANDSCAPE PLMATERIAL INSTALLATION _.�m ... .. - .. -... .N ----------- r Abbreviations: BR - Bare Repot; BTD - Booted; CT- Clear Trunk; DBH - Diameter Breast Height; FC - Field Grown; GW - Grey Wood; H T- eight; M.S. pMulti-stem; OA - Overall; RPG - Root Plus Grower; SPID - Spread; STD - Standard; FT -Full to ase; Tpl.-Triple Trunk. All Plant Material needs to conform to Florida Grades and Standards Florida#1. QUANTITY I I TI TOTAL OFFER I (I IPRICE) 4 NSTALLED (INSTALLED) BARE ROOT 1 - (Continued) Fountain Grass(Pennisetum EA 35, 5etaceurn) 50 3 9al. " oa. Gold Mound( uranta recta)39. 100 EA 3 gal. 5" oa. 4 . Golden Shrimp cant(Justicia 50 raneEA ry eana° 3 Baal. 15"oa. Green Buttonwood (Conocar us EA 41. rectus) I 100 $ 3 gal. 24"oa. I Green Buttonwood (Conocarus A 2. rectus) 100 7 °5=al. 36"oa. Green Buttonwood(Conocarus 43. rectusi 15 t:11. 4- 9 oa. 100 ._......._ .......__ . 44. Green Island Ficus(Ficus Microcarpa) 100 EA 3 al. 12" spd. 45. Hibiscus(Hibiscus spp) 100 EA 3 gal. 24- 0"ca. . 46. odzontal Cocco lura (Chrysobalanus 100 EA Icaco) 3 1. 1.5-1 " S.W. 47. Imperial Bromeliad(Alta tarea 50 ��erialis` 1 r--al, 1 °H oa. EA I 43. Indian awthorne(Phapolepis Indica) 100 3ual. 15"oa. . IxorapP�)3 g Ixora s al. 24"oa. 100 A { 50. Ixora Maui-(Ixora spp.)3 gal.18' oa. 100 EA 51. Jamacia Caper(Capparis 100 EA C no hallo:,hora)3 al. 13-24"oa. 52. Jamaica Croton(Graptophyllurn Pictum) 100 EA 3 fal. 24-30" oa. 53. Japanese Holly(Ilex Cornuta(Dwarf 100 EA Buford.) 3 -al. 4" oa. 54. Jatropha(Jatropha Interrima) 100 EA - 3 1al. 24°oa. y................................................ ...................... 55. Icing's Mantle(Tunergia Erecta) 100 EA 3 yal. 24"oa. 1 ,....,.,... ......... 56. 1 Lantana(Lantana spp.) 1 gal. 1 "sp . 100 EA All unit prices bid should be within two(2)decimal points. If bidder's pricing exceeds two( )decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME: Page 547 of 665 Page 29 LOCATIONS,BID RESPONSE BID #17-005/ZG LANDSCAPE INSTALLATION AT VARIOUS TERM CONTRACT LOT 2—LANDSCAPE PLANT MATERIAL IT LL I 4 r yr igr ,e R — are Root; T[ - Booted; T - Glear Trunk; BBH - Liameter rest Height; G - Fuld Grown; GW - Grey lrM1loo HGT-Height; -S. - Multi-stern; OA - overall; RPG - Root Plus Grower; SPD - Spread; STD - Standard; FTB-Full to Base;T'pl.-Triple Trunk. All Plant Material needs to conform to Florida Grades and Standards Florida#1. ESTIM TED ITEM OFFER TI 1 (INSTALLED)IT LLQ ) (I TOTALLL QUA ITY BARE i T( —45 GALLON)_ (Continued) 7 Liriope Super Blue(Lirioe uscari) i 500 EA Mirror Leaf Viburnum (Vi umu EA 58. Awauki) 100 7 al. "o $ 5 ondo Crass(op io ogon Japonicas) 100 1 gal. 6"oa. EA .................................................................. my Crass( uhlenberia Capillaries)60. 3 al. 189}oa. 100 $ 61. yrsine( apanea Punctata) 100 EA1 gal. 18-24"oa. $. $ 62 yrsie(Rapanea Punctate) 7 gal. 3 " 100 EA oa. $ $ Native Blue Porterweed A 3. (Stacytarpheta Jamaicensis)3 gal. 18" 100 $ oa. _Native Firebush ( amelia Patens) 54. 3 ral.24H'oa. 100 A $ ,.. ......, ....................... .r $. 65. Native Sword -_ern( ephrole sis) 100 E 1 ral. 12' oa. $ $ - 66. Panama Rose(Rondeletia Leucophylla) 100 EA 3 al. 24"oa. $, ... $,,.,.. Parson's Juniper(Juniperus hinensis) 67. 1 cal. 1041 spd. 100 A $ v $, ,........ 68. Parson's Juniper(Juniperus Chinensis) ' 100 A 3 ral. 18" s_d. $ $..,. .... m. .,, Pentas (Pentas Lanceolate) 69. 4.5-6"cont. 8-10° oa. 100 EA 70. Perennials 4.5-6"cont. 8-10"oa. 100 EA $. _...... ..... .w $e ..::..._ ...m.._ 71. Pinwheel Jasmine(Taernx ontana) 100 E 3-a1. 18-24"eta. 72. lurnba o(Plumbago s .) 3 gal. 24 100 A $ $ oa. _- 73. Poocarpus(Poocarpus spp) 100 A 3 al.24" oa. $.,_.............. - $ 1 All unit prices bid should be within two(2)decimal points. If bidder's pricing exceeds two( )decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME: Page 548 of 665 Page 30 BID RESPONSE BID #17-0051ZG LANDSCAPE INSTALLATION AT VARIOUS LOCATIONS, TERM CONTRACT LOT 2—LANDSCAPE PLANT MATERIAL INSTALLATION Abbreviations: BR — Bare Root; BTD - Booted; CT - Clear Trunk; DBH - Diameter Breast Height; FG - Field Grown; GW - Grey Wood; .,,,. HGT-Height; M.S. - Multi-stem; OA - Overall; RPG - Root Plus Grower; SPD - Spread; STD - Standard; FTB-Full to Base;Tpl.-Triple Trunk. All Plant Material needs to conform to Florida Grades and Standards Florida#1. ITEMmESTIMATED UNIT PRICE TOTAL OFFER DESCRIPTION 12 MONTH UNIT NO. QUANTITY (INSTALLED) (INSTALLED) I BARE ROOT(1 —45 GALLON) (Continued) 74. Podocarpus(Podocarpus spp.) 100 EA 15 gal 5-6' oa. $ ._ 75 Podocarpus(Podocarpus spp.) 100 EA 25 gal. 7-8' oa. $ . . , .__.__._ _4 76. Podocarpus(Podocarpus spp.)7 100 EA al. 36" oa. $. $ 77. Pringles(Podocarpus Macrophyllus) 100 EA 3 gal 15"oa. $. ...-.._.... $. Red Tip Coccoplum (Chrysobalnus EA 78. Icaco) 500 $ 3 dal 18-24"oa RedNVhlte Stoppers(Eugenia EA 79. Rhombea) 100 $ $ 3 gal. 24"oa. RedNVhite Stopperss(Eugenia i 80. 100 EA Rhombea) 7 al 36" oa. ; $ $ Saw Palmetto(Serenoa Repens) $ $ 81. 100 EA 15 al 24"oa. 82 Saw Palmetto(Serenoa Repens) 100 EA 3 gal 10"oa. $ .- $ 83 Saw Palmetto(Serenoa Repens) 100 EA 7 gal 15-18"oa. $F $ 84 Seagrape (Coccoloba Uvifera) 15 gal 100 EA 5' oa. $ $ 85 Seagrape(Coccoloba Uvifera) 100 EA 3 gal 24-30" oa. $ , $ 86 Seagrape(Coccoloba Uvifera) 100 EA 7 coal 36-48"oa. Silver Buttonwood (Conocarpus 87. Erectus Sericeusa 25 gal. 6-8' oa. 100 EA $ $ Silver Buttonwood(Conocarpus S8' Erectus Sericeusa 3 ,.,al. 24" oa. 100 EA $ $ 89 Silver Buttonwood(Conocarpus 100 EA Erectus Sericeus) 7 gal. 36" oa. $.. .-... $ 90 Silver Palmetto(Serenoa Repens) 100 EA 15 nal. 24" oa. i $._...mm:..®.._ $.»..,,. 91. Silver Palmetto(Serenoa Repens) 100 EA 3 rjal- 10" oa. $ r All unit prices bid should be within two(2)decimal points. If bidder's pricing exceeds two(2)decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME: ,.m.m.m.__ - age o 65 Page 31 BID RESPONSE BID #1 7-005/ZG LANDSCAPE INSTALLATION AT VARIOUS LOCATIONS, TERM CONTRACT LOT 2- LANDSCAPE PLANT MATERIAL INSTALLATION yii%,@; BIR- are Root; BTD - Booted; CT - Clear Trunk; D - Diameter Breast Height: FG - Field Grown; GW - Grey Wood; HGT-Height; M.S. - Multi-stem; OA - Overall; RPG - Root Plus Grower; SPD - Spread; STD - Standard; FTB-Full to Base;Tpl,Triple Trunk. All Plant Material needs to conform to Florida Grades and Standards Florida#1. ITEM IIEST1MONTIT LIMATED UNIT PRICE TOOFFER N 1� DESCRPTON 2 H UNLE TAL 0. QUANTITY (INSTALLLED) (INSTALLED) BARE ROOT(11 ®45 GALLON) (Continued) 92. Silver Palmetto (Serenoa Repens) 100 EA 7 gal. 15-18"oa. ...... Simpson Stopper(Myrciathes EA 93. Fragrans) 200 3 gal. 24"oa. Simpson Stopper(Myrciathes EA impson 94. Fragrans) 100 7 .Lial. 36" oa. Society Garlic(Tulbaghia Violacea)95. � 100 EA 1 al. 12"oa. $ $ Ju Southern Zed Cedar(Juniperus i 9& licola) 15 1 100 E Virginiana Silicola) 15 gal. 4-5'M. $ $ 97. Southern Red Cedar(Juniperus 100 i EA Virginiana Silicola)30 gal. 6-S' oa. $ .. ......... ............... 98. Southern Red Cedar(Juniperus 100 EA — Virginlana Silicola)7 gal. 36"oa. $1...................................... 99Sweet Viburnum (Viburnum 100 EA Odoratissimum)3 gal. 24" oa. Sweet Viburnum (Viburnum 100. Odoratissimum)7 gal. 36" oa. 100 EA $ .................................. Thryallis.(Galphimia Gracillis)3 gal. 11 101. 100 EA 24" oa. . Variegated Pittosporum (Pittosparum EA 102. Tobira'Variegatum")3 gal. 18-24" 100 $ oa. 103. Viburnum Suspensurn (Sandankwa 100 EA Viburnum 13 2al.24"oa. $ 104. Wax Jasmine(Jasminum Volubile) 100 EA 3 2al. 18"oa. $' 105. Wax Myrtle(Myrica Cerifera) i 10 2,al. 4-5'oa. 100 EA P $ Is Wax Myrtle(Myrica Cerifera) I 106. 100 EA 3 gal. 24-30" oa. —------------- White African Iris(Dietes lridioides) 107. 1 �al. 15-18" oa. 100 EA $ $ 108. White Indigo Berry(Randia Acuieata) 100 EA 3 gZal. 15-18" $ 109. Wild Coffee(Psychotria Nervosa) 100 EA 3 gal. 18-24" oa. $ 110. Xanadu (Philodendron spp.) 3gal. 168' 50 EA $ $ oa. All unit prices bid should be within two(2)decimal points. If biddeCs pricing exceeds two(2)decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME: Page bbu-0-T 665 Page 32 BID RESPONSE BID #17-0051ZG LANDSCAPE INSTALLATION AT VARIOUS LOCATIONS, TERM CONTRACT LOT 2–LANDSCAPE PLANT MATERIAL INSTALLATION Abbreviations: BR — Bare Roof; BTD - Booted; CT- Clear Trunk; DBH - Diameter Breast Height;FG - Field Grown; GW - Grey Wood; HGT-Height; M.S. - Multi-stem; OA - Overall; RPG - Root Pius Grower; SPD - Spread; STD - Standard; FTB-Full to Base;Tpl.-Triple Trunk. All Plant Material needs to conform to Florida Grades and Standards Florida#1. ITEM ESTIMATED UNIT PRICE TOTAL OFFER NO. DESCRIPTION 12 MONTH UNIT (INSTALLED) (INSTALLED) QUANTITY BARE ROOT(1 –45 GALLON) (Continued) 111. Yaupon Holly 12"oa.(Ilex Vomitoria)3 gal. 100 $ EA $ PALMS 112. Alexander Palm –(Ptychosperma 20 EA Elegans) FG.–12-14' oa. Dbl. Stem $.:: $... _ ! 113. Alexander Palm –(Ptychosperma 20 EA Elegans) FG.–12-14' oa. Sgl. Stem $ ........................ 114. Alexander Palm –(Ptychosperma 20 EA Elegans)FG.– 12-14' oa. Tpl. Stem $._ 115. Areca Palm –(Dypsis Lutescens) 20 EA FG– 12-14' oa. MS. !' $®..------------------ 116. Areca Palm –(Dypsis Lutescens) 20 EA FG–8-10' oa. MS. $ $.a._..... 117. Bismarck Palm-(Biamarckia Nobilis) 20 EA FG–12'oa i i $_ $._. _. im 118. Bismarck Palm–(Bismarckia Nobilis) 20 EA $ FG.–16' oa. . 119. Bottle Palm–Hyophorbe Lagenicaulis 20 EA 45 gal, 6' oa. $. $ 120. Bottle Palm Hyophorbe Lagenicaulis 20 EA FG–6-10'oa. $ _ 121. Canary Island Date-(Phoenix 20 EA Canary –FG- 10-12'ct. 122 Canary Island Date–(Phoenix 20 EA Canariensis)–FG- 12-14'ct. ......................... 123. Carpentaria Palm –(Carpentaria 20 EA Acuminate)–FG–Dbl.-12-14' oa. $. $—. ... -- 124 Carpentaria Palm –(Carpentaria 20 EA Acuminate)–FG–Sgl. -12-14' oa. $ ........ $: 125 Carpentaria Palm–(Carpentaria 20 EA Acuminate)–FG–Tpl. -12-14' oa. $ $ Cat Palm –(Chamaedora EA 126. Cataractarum) 20 15al. 5' oa. ; $..- – $. 127 Christmas Palm –Adonidia Merrillii 20 EA FG–12-14' oa–Dbl. $ $ wwwwwwwww ,z All unit prices bid should be within two(2)decimal points. If bidder's pricing exceeds two(2)decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME: Page 551 of 665 Page 33 LOCATIONS,BID RESPONSE BID #17-005/ZG LANDSCAPE INSTALLATION AT VARIOUS TERM CONTRACT T2—LANDSCAPE PLANT MATERIALINSTALLATION vi qn : B — Bare Root; TD - ooted; CT Clear Trunk; H - Diameter react Height; FG - Field Grown, GW - Grey ih+ood; HGT-Height; M.S. - Multi-stem; DA - Overall; RPG - Root Plus Grower; GPD - Spread; STD - Standard; FT -Full to Base;Tpl.-Triple Trunk. All Plant Material needs to conform to Florida Grades and Standards Florida#1. ITEM ESTIMATED: T PRICE TOTAL OFFER TI 12 IST I I LL (INSTALLED) QUANTIr' PALMS (Continued) 123 Christmas Palm —Adonidia Merrillii 20 FG—12-14' oa—Ggl. $. EA 129 Christmas Pal —Adonidia Merrillii 2 F FG—1 -14'oa.-Tpl $o------ ..--- $..... 130. Cuban Royal Palm —Roystonea Regia --20 EA F ' Oban Royal Palm—Roystonea Regia 131. _ FG—6' GW20 EA . 132. Cuban Royal balm —Roystonea. Regia 20 EA FG-10' $ $ 133. Cuban Royal Palm —Roystonea Regia 20 EA FC—12' G'N'U $. $ 134. Cuban Royal Palm —Roystonea Regla 20 A $ $ FG-14' G 135. Cuban Royal Palm —Roystonea Regia 20 A C-16' $ 136. Cuban Royal Palm— oystoneaRegia20 EA FG—18' Gw $, 137. Cuban Royal Palm —Roystonea Regia 20 EA $ G— °°GW Cuban Royal Pal —Roystonea Regia.133. G— ' 0 A $ Cuban Royal Palm —Roystonea Regia 139. F —24' 2 A $ $. European Fan Palm—( amaeros 140. Humilis)—25 gal. 5' oa. 0 EA $ $ 141. Fishtail Pal —(Caryota itis) 20 EA $_ G—12-1 ' oa. 142. Florida Thatch Palm —Thrinax Radiate 20 EA 25 gal—6' oa. $ 143. Florida Thatch Palm—Thrinax Radiate 20 EA $ $ FG—10-14' oa. I 144. Florida Thatch Palm —Thrinax Radiate Q EA $ _ FG— - 'oa. 145. Florida Thatch Palm—Thrinax Radiate 20 - EA F — -1 ' oa. $ $ Foxtail Palm—( odyetia ifurca e) 20 146. F —16' oa. Dbl. EA $. $ Foxtail Palm—( o yetia Bifurcate) 147. F —16'oa. S9I. 0 A $ $ All unit prices bid should be within two(2)decimal points. If bidder's pricing exceeds o(2)decimal points, Purchasing reserves the right to round up or down accordingly. Continued... 1 age .:: �bf 665 Page 34 BID RESPONSE BID #17-0051ZG LANDSCAPE INSTALLATION AT VARIOUS LOCATIONS, TERM CONTRACT LOT 2- LANDSCAPE PLANT MATERIAL INSTALLATION Abbreviations: BR — Bare Root; BTD - Booted; CT - Clear Trunk; DBH - Diameter Breast Height; FG - Field Grown; GW _ Grey Wood; HGT-Height; M.S. - Multi-stem; OA - Overall; RPG - Root Plus Grower; SPD - Spread; STD - Standard; FTB- Full to Base;Tpl.-Triple Trunk. All Plant Material needs to conform to Florida Grades and Standards Florida#1. ESTIMATED ITEM r UNIT PRICE TOTAL OFFER NO. DESCRIPTION 12 MONTH UNIT (INSTALLED) (INSTALLED) QUANTITY PALMS (Continued) 148. Foxtail Palm-(Wodyetia Bifurcate) 20 EA FG-16' oa. Tpl. $ . 149. Green Malayan Coconut Palm -(Cocos 20 EA f Nucifera -FG-20' oa. 5' w. $ - $ T- 150. Green Malayan Coconut Palm—(Cocos 20 EA Nucifera)—FG—24' oa. 6' gw. $ 14. ........ 151 Green Malayan Coconut Palm —(Cocos 20 EA $ $ Nucifera)—FG—28' oa. 8' gw. 152. Green Malayan Coconut Palm —(Cocos 20 EA Nucifera,i—FG—32' oa. 10' w. 153. Key Thatch Palm—Leucothrinax Morrisii) 20 EA FG.—6-9' oa. Dbl. Stem $ _.... $ 154 Key Thatch Palm—Leucothrinax Morrisii) 20 EA FG.—6-9'oa. SSI. Stem $ _.. $ ,, 155. Key Thatch Palm—Leucothrinax Morrisii) 20 EA 64 oa. TPI. Stem $ .... - Maypan Coconut Palm —(Cocos 156. Nucifera) 20 EA $ $ FG—20' oa. 5' w. ...... Maypan Coconut Palm —(Cocos EA 157. Nucifera) 20 $ $ FG—24' oa.6'a w. Maypan Coconut Palm —(Cocos 158. Nucifera) 20 EA $ $ FG—28' oa. 8'2w. Maypan Coconut Palm —(Cocos - 159. Nucifera) 20 EA $ $ FG—32'oa. 10' ..w. 160. Medjool Palm —(Phoenix Dactylifera) 20 EA FG—10' Clear Trunk $-.—---------- 161. Medjool Palm—(Phoenix Dactylifera) 20 i EA FG—12' Clear Trunk $ Medjool Palm—(Phoenix Dactylifera) 162. FG—14' Clear Trunk 20 EA 1 $ 163. Montgomery Palm —(Veitchia 20 EA Montotomer�ana)—FG— 10-16' oa. Dbl. $ $ - - 164. Montgomery Palm —(Veitchia 20 EA Monto,ome7 rjq —FG— 10-16'oa. Sgl. $ $ All unit prices bid should be within two(2)decimal points. If bidder's pricing exceeds two(2)decimal points, Purchasing reserves the round up or down accordingly. Continued... FIRM NAME: Page 553 of 665 Page 35 VARIOUSBID RESPONSE BID #17-005/ZG LANDSCAPE INSTALLATION AT , TERM CONTRACT L —LANDSCAPE PLANT MATERIAL INSTALLATION � reyi 'g s: BR — Bare Root; BTD - Booted; CT - Near Trunk; D H - Diameter Breast Height; F - FieldGrown; GW - Grey Wood; HGT-Height; M.S. - Multi-stem; OA - Overall; RPG - Root Plus Grower; SPD - Spread; STD - Standard; FT - Full to ase;Tpl.-Triple Trunk. All Plant Material needs to conform to Florida Grades and Standards Florida 1. ITEM TI ITE 1 I T IT IT I TOTAL Ti (INSTALLED) _ (INSTALLED) PALMS (Continued) 165. ont omery Palm —(Veitc is 20 tEA ontogo eryana)—F —10-1 ' oa. Tpi $- 166 Paurotis Palm—(Acoelorrhaphe Wrightii) 20 EA FG—12' oa. MS. $ $ .µ.. �<<<.. Paurotis Palm—(Acoelorrhaphe Wrightii) 167. FG—18'oa. MS. 20 EA 168. Pygmy Date Palm—(Phoenix oebelenii) 20 F FG, -4' oa. Dbl. Stem $ Pygmy ate Palm—(Phoenix oebelenii) 169. 20 EA . - 'oa. S I. Stem Pygmy ate Pal —(Phoenix oebelenii) 171 . F . -4'oa. Tpl. Stem 20 F ,,........ _ . Pygmy ate Pal —(Phoenix oebelenii) 171. F . -6' oa. Dbl. Stem 20 F fit. Pygmy DatePalm —(Phoenix oe elenii) 0 EA FG. -6' oa. S I. Stem - Pygmy Date Palm—(Phoenix oebelenii) 173. 0 F $ . - ' oa. Tol. Ste Pygmy ate Palm —(Phoenix oe elenii) 174. FG. -8'oa. Dbl. Ste 20 EA $ $ Pygmy ate Pal —(Phoenix oebelenii) 175. FG. -8'oa. S21. Stem 20 a4 $ $ 176. Pygmy Date Palm (Phoenix oebelenii) 0 FA FG. -8' oa. T-1. Ste $ $. Queen Palm—(Syagrus o anzoTfiana) 177. FG. —8-1 ' DT. 20 EAS Queen Palm —( yagrus o anzo iana) 1780 .— 12-1 ' T. 20 $: $� 179 Queen Palm—(Syagrus_ omanzof`iana) 20 EA FG,—16-18' G . $ Sabal Palm —(Sabah Palmetto) 160. EA Sabal $ $—1 -16' td 20 Sabal Palm—(SabahPalmetto) 131. F — 10-16' T. 20 P $ $ Sabal Palm -(Sabal Palmetto) 132. F - 16- 0® T. 20 $. $ Sabal Palm -(SabalPalmetto) 1830 F -20-24® T. 20 EA $. $ Montgomery Palm —(Veitc is 184. ontoomery ana' —F — 10-16' oa. Dl. 0 $ $. All unit prices bid should be within two(2)decimal points. If bidder's pricing exceeds two( )decimal points,Purchasing reserves the right to round up or down accordingly. Continued...rdingly. ntinued... I Done titin of 665 Page 36 BID RESPONSE BID #17-0051ZG LANDSCAPE INSTALLATION AT VARIOUS LOCATIONS, TERM CONTRACT LOT 2—LANDSCAPE PLANT MATERIAL INSTALLATION Abbreviations: BR — Bare Root; BTD - Booted; CT - Clear Trunk; DBH - Diameter Breast Height; FG - Field Grown; GW Grey Wood; HGT-Height; M.S. - Muiti-stem; OA - Overall; RPG - Root Plus Grower; SPD - Spread; STD - Standard; FTB-Full to Base;Tpl.-Triple Trunk. All Plant Material needs to conform to Florida Grades and Standards Florida##1. ITEM ESTIMATED UNIT PRICE TOTAL OFFER NO. DESCRIPTION 12 MONTH UNIT (INSTALLED) (INSTALLED) � - QUANTITY PALMS (Continued) 185. Montgomery Palm —(Veitchia 20 EA Montogomeryana)—FG—10-16' oa. Sgl. $ 186. Montgomery Palm —(Veitchia 20 EA Montogomeryana)—FG—10-16' oa. Tpl $. $ 187. Paurotis Palm —(Acoelorrhaphe Wrightii) 20 EA FG—12' oa. MS. $ �_ __...._..._._..:::.:::_....._...._ 188 Paurotis Palm —(Acoelorrhaphe Wrightii) 20 EA $ $ FG—18'oa. MS. m.� , Pygmy Date Palm —(Phoenix Roebelenii) 189' FG. -4' oa. Dbl. Stem 20 EA $ 190. Pygmy Date Palm —(Phoenix Roebelenii) 20 EA ' FG. -4' oa. Tpl. Stem ,, -F $ 1, 191 Pygmy Date Palm—(Phoenix Roebelenii) 20 EA FG. -6' oa. Dbl. Stem $ _.. $. 192 Pygmy Date Palm—(Phoenix Roebelenii) 20 EA FG. -6' oa. §,q I. Stem $r $._............ .. 193. Pygmy Date Palm —(Phoenix Roebelenii) 20 EA FG. -6' oa. TL. Stem $ _ ._..- 194 Pygmy Date Palm —(Phoenix Roebelenii) 20 EA FG. -8' oa. Dbl. Stem _ :, „r,. :::: Washington Palm -(Washingtonia EA 195. Robusta) 20 $ $ FG. -25'oa. TREES 196 Apple Blossom Shower(Cassia Javanica) 20 EA FG. 12-14' oa. $. - $: 197 Bald Cypress(Taxodium Distichum) 20 EA 25 Gal. 8'oa 198 Bald Cypress(Taxodium Distchum) 20 EA $ $ 45 gal. 10' oa. r 199 Bald Cypress(Taxodium Distchum) 20 EA FG.—12' oa. $ — $ Bald Cypress(Taxodium Distchum) 200. FG— 14' oa. 20 EA $ $ s 201 Bald Cypress(Taxodium Distchum) 20 EA FG— 16' oa. All unit prices bid should be within two(2)decimal points. If bidder's pricing exceeds two(2)decimal points, Purchasing reserves the right to round up or down accordingly. Continued... Firm Name: e � g C�5 Page37 BID RESPONSE BID #17-005/ZG LOCATIONS,LANDSCAPE INSTALLATION AT VARIOUS TERM CONTRACT L —LANDSCAPE PLANT MATERIALINSTALLATION Abbreviation : DR -Bare Root; BTD - Booted; CT - dear Trunk; DSFf - Diameter Breast Height; F - Field Caren; GW - Grey Wood HCT-Height; M.S. - Multi-stem; OA - Overall; RPC - Root Flus Grower; SPD - Spread; STD - Standard; FT -Full to ase;Tpl,Triple Trunk. All Plant Material needs to conform to Florida Parades and Standards Florida#9. ESTIMATED ITEM DESCRIPTION 12 MONTH UNITINSTALLED)RICE TOTAL L } . TI T (Continued) Beauty Leaf(F lop llyll m rasiliens ) 20 A .. Beauty Leaf{Calopyllum rasiliense} 202. FC. 14' oa. 20 $ $ . - _ . — 203. Black Clive(Bu cida Bucaras} 20 EA FC. - 12-14'oa. $. $. 204 lack Olive( uci a uceras) 0 EA FG. - 1 -113' oa. 205. Citrus(Citrus s p) 30 gal. 5'oa. 20 EA 206. Crabwood(Gymnanthes Lucia) 20 A FG. -6- ' oa. _ .. Crape Myrtle{Laertroernia Indica} w 207. 30 al. 6-1 ' oa. M.S. 20 EA .,... _ ., 205. Crape Myrtle{La erstroemia Indica} EA 4 al. 10-12' oa. M.S. 20 200. Crape Myrtle(Lagerstroemia Indica) 20 EA 65 Gal. 1 -14' oa. STD. .. �. Crape Myrtle(La erstroemia Indica) ,m.. 210. FG. 12' oa. . . 20 A mmmmmmmmm Crape yrtl {Lagerstroeia Indica} 211. . 14' oa. M.S. 20 EA - D.D. Blanchard(Magnolia Crandifolia) 212. FG. -1 -1 ' a. FT 20 A Blanchard (Magnolia randifolia) 213. FG. 1 -14'oa. FT 20 '� ahoon Holly(Ilex Cassine) - 214. 20 EA FG. – 10-14' oa. 215. — ahoon Flo {Ilex Cassine} 20 - EA 30 Cal.–13-1 'oa. ahoon Holly(Ilex Cassine) 216. 45 cal–10-1 ' ca. 20 A Desert Cassia{Senna olyphylla} 217. EA C–1 'oa. 20 ast Palatka Holly(Ilex Attenuate) 216. 45P al. 10'oa. 20 EA East Palatka Holly(Ilex X Attenuate) - 21 ( 135 ,al. 12' oa. 20 EA U, East Palatka Holly{Ilex X Attenuate} 220. FG. 14'oa. 1 20 EA All unit prices bid should be within two(2)decimal points.. If bidder's pricing exceeds two(2)decimal points, Purchasing reserves the right to round up or dawn accordingly. Continued... FIRM NAME: ��,�,� age.. 0 665 Page 36 BID RESPONSE BID #17-005/ZG LOCATIONS,LANDSCAPE INSTALLATION AT VARIOUS TERM CONTRACT LOT 2—LL MATERIAL INSTALLATION Abbreviations: BR— BareRoot; BTD - Booted; CT- Clear Trunk; DBH - Diameter Breast Height; FG - Field Grown; G4'4�' - Grey Wood; HOT-Height; M.S. - Multi-stem; OA - Overall; RPG - Root Flus Grower; SFO - Spread; STD - Standard; FT -Full to Base;Tpl.-Triple Trunk. All Plant Material needs to conform to Florida Grades and Standards Florida 1. IT DESCRIPTION 1 TIIMONT UNIT (INSTALLED)IT (ITT LOFFER L TIT TREES (Continued) 221. Geiger(Cordia Sebestena) FG—6-10' oa. 20 EA _.,,. ........ 222. Gieer(Cordia Sestena) FG—10-12° 0 oa. 2EA _. 223 Glaucous Cassia(Senna Surattensis) 2(l EA FG. 10-1 ' oa. ...... 224. Mossy Privet(Li ustrurn Luci um) 20 EA FG. 8'x S' S. i _ $.-... ,,,,,,,,, ..... 225. Glossy Privet(Ligustrum Lucidum) 20 EA FG. 10'x 10' M.S. $ $ 226. Green Buttonwood (Conocarpus rectus) 2 EA F —5-10 oa. 227. Green Buttonwood (Conocarpus Erectus) 20 EA C— 10-12' o . . 225. Green Buttonwood (Conocarpus rectus) 20 EA FG—12-1 ' oa. ..................................... 229. Green Buttonwood(Conocarpus rectus) 2 EA F —16-20' oa. $ 230. Gumbo Limbo(Bursera Simaruba) 20 EA FG. 14' oa. $ 231 Gumbo Limbo( ursera Simaruba) 20 EA FG. 16'oa. 232. Japanese Blueberry(Flaeocarpus 20 EA Deci dens) 30 Gal. 6' oa. STD Is 233. JapaneseBlueberry_ (Flaeocarpus 20 , Cleci,iensi 5 Gal. 3' oa. ST _. ............... 234. Japanese Blueberry—(Flaeocarus 0 EA eci iensl 65 Gal. 10-1 ' oa. ST 235 Laurel Oak(Quercus Laurifclia) 20 EA F . — -1f "cal. min. 236. Laurel Oak(Quercus Laurifclia) 20 EA G. -3"cal. min. I 237. Laurel Oak(Quercus Laurifolia) 20 EA FG.—4" cal. i . .. i 236 Little Geri (Magnolia Granifclia) 2 EA G. 10-1 ' oa. FTB 239. Little Gera (Magnolia Granifolia) 2 EA 30 Gal. 6'oa. FT All unit prices bid should be within two( )decimal points. If bidder's pricing exceeds two_(2)decimal points, 'Purchasing reserves the right to round asp or down accordingly. Continued... FIRM NAME: Page 557 of 665 Page 39 LOCATIONS,BID RESPONSE BID #17-005/ZG LANDSCAPE INSTALLATION AT VARIOUS TERM CONTRACT LOT 2—LANDSCAPE PLANT MATERIAL INSTALLATION BR — Bare Root; BTD - Booted; CT - Clear Trunk; D H - Diameter Breast Fright; F - Field Crown; GW - Grey Wood; HGT-Height; M.S. - Multi-stem; OA - Overall, RPG - Boot Plus Grower; SPD - Spread; STD - Standard; FTB-Full to ase;Tpl.-Triple Trunk. All Plant Material needs to conform to Florida Grades and Standards Florida 1. ESTIMATED ITE OFFER TI 1 IT (INSTALLED)IT I (INSTALLED)T QUANTITY TREES (Continued) " . 240. Little Gem (Magnolia randifolia) 20 45 gal. 10' oa. FT p Little Cern (Magnolia Grandifolia) 241. FG. 12-14' oa. FTB 20 EA _ Little Gem (Magnolia ranifolia) 242. FG. 14-1 ' oa. FTB 20 EA 243. Live Oak(Quercus Virginiana) 2 0 EA FG—3" Cal. Min - Live Oak(Quercus Virginiana) 244. FG—4"Cal Iain. 2I) EA $ 245. Live Oak(Quercus Virginiana) F —5" Cal. in. _ 2Q EA , 245. Live Oak(Quercus Virginiana) 20 EA g FG—6"Cal. Min. $ -Live Oak(Quecus Virginiana) 247. FG—8" Cal. Min. 20 EA Live Oak(Quercus Virginiana) 24 F — 10" Cal in. 20 A Live Oak(Quercus Virginiana) r249. aft gal. 10-12' oa. 20 EA $ $ 250. Live Oak(Quercus Virginiana) 20 EA .... 45 gal. 12-14' oa. v�m Live t ak(Quercus Virginiana) 251. 65 r al. 14-16' oa. 20rEA 2520 Live Oak(Quercus Virginiana) 20 100 I. 16-139 oa. .. 253. L__Live Oak(Quercus Virginiana) 0 0 gal. 15- ' oa. ,..EA ...mmmmmmmm.... 254. Mahogany(S ietenia aogani) 2 EA i FG— 12' oa. t Mahogany(Swietenia Mahogani) 255. 20 EA FG. —14'oa. - Pigeon Plum (Coccoloba Diversifolia) 256. EA F - 10-1 ' oa. 20 Pigeon Plum (Coccoloba Diversifolia) - 257. FG - 14-1 ' a . 0 EA ..®. Pink Trumpet Tree(Tabebuia 258. Heterophylla) FC—1 ' oa. 20 EA _._._._. Pink Trumpet Tree(Tabebuia 259. Hate roph yl1a)FG— 14' oa. 2 E All unit prices bid should be within two( )decimal points. If bidder's pricing exceeds two(2)decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME: - -age .,off 665 Page 40 BID RESPONSE INSTALLATIONBID #17-005/ZG LANDSCAPE I TERM CONTRACT LOT 2—LI L INSTALLATION Abbreviations:TR— are cot; STD-Booted; CT- Clear Trunk; DBH- Diameter Breast Haight; FG - Field Grown; GW-Grey Wood; HGT-Height; M.S. - Multi-stem; OA - overall; HHG - Hoot Flus Grower; SPD - Spread; ST - Standard; FTS-Full to Base;Tpl.-Triple Trunk. All Plant Material needs to conform to Florida Grades and Standards Florida 1. ESTIMATED ITEM DESCRIPTION 12 MONTH LMT UNIT PRICE TOTAL��FEi711 Nie QUANTITY' (INSTALLED) ALLED) T (Continued) 260. Red Maple(Acer ubrum) FG 1 -14° oa. 20 EA 261. Red Maple(Acer ubrum) FG 16-16' oa, 20 EA _.....�. µµµµ 262Royal Poinciana( elonixRegia) 20 EA FG. -6-10' oa. 263Royal Poinciana( elonixRegia) 0 EA .—12-1 ' oa. 264. Satin Leaf(Chrysophyllurn oliviforme) 20 EA F —12° oa. i, 266 Simpson's Stopper( yrcianthes Fra ran ) 0 EA F -6' oa. STS .: 266. s: Simpson's topper( yrcianthes Fragrans) 0 A . -6'oa. ST . 267. Slash Pine tensa(Pinus Iliothi) 2 A 3 gale— ' oa. ... ......... 266. Slash Bine Densa (PinusElliottii) i 20 A 7 aal.—4' oa. ........ - 269. Slash Pine ensa (Pinus Elliottii) 20 A 15 r al. — ° oa, 270. Slash Pine Densa(Pinus Elliottii) 20 i A _ 5 °al.— ' a. ......,..,.. , .. . ..._.a. 271. Slash Pine Densa(Pinus Elliottii) 0 EA F —1 ' oa. ... .. ............__........... $ 272. w Slash Pine Densa (Pinus Elliottii) 0 EA 273. Slash Pine [tensa(Pinus Elliottii) 20 EA s, FG—16' oa. . �F 274. Slash Pine [tensa(Pinus Elliottii) 20 EA FG—16' oa. _ _ .__ _ 275. Slash Pine Dense(PinusElliottii) 0 EA F — 0' oa. Slash Pine ensa (Pinus Elliottii) 20 A 276. FG—22' oa. 277. Slash Pine Densa (Pinus Elliottii) 20 A FG—24' oa. w,... FG Verawoo re ( ulnesia Aroa) 273. . —1 -1 ' oa. S 20 A All unit prices bid should be within two( )decimal points. If bidder's pricing exceeds two(2)decimal points, Purchasing reserves the right to round up or dawn accordingly. Continued... NAME:FIRM Page 559 of 665 Page 41 BID RESPONSE BID #17-005/ZG LANDSCAPE INSTALLATION AT VARIOUS LOCATIONS, TERM CONTRACT LOT 2-LANDSCAPE PLANT MATERIAL INSTALLATION Abbreviations: BR- Bare Root; BTD- Booted; CT-Clear Trunk; DB H- Diameter Breast Height; FG -Field Grown; GW-Grey Wood; HGT-Height; M.S. - Multi-stem; OA - Overall; RPG - Root Plus Grower; SPID - Spread; STD - Standard; FT B-Full to Base;Tpl.-Triple Trunk. All Plant Material needs to conform to Florida Grades and Standards Florida#11. fTEM ESTIMATED --------TITUNITP ICE TOTAL OFFER NO. DESCRIPON 12 MONH I UNT (INSTA LED) (INSTALLED) QUANTITY TREES (Continued) 279. Wax Myrtle(Myrica Cerifera) 20 EA FG -8' 8' M.S. 280. White Indigo Berry(Randfa Aculeate) 20 EA FG. -6-8' oa. STID $ Yellow Tabebuia(Tabebuia Caraiba) 281. FG-14'oa. 20 EA $ RELOCATIONITRANSPLANTING (90" TREE SPADE OR CRANE) 282. Relocation/Transplanting of Canopy trees 2 EA over 3" Caliper up to 5' $------- ............. 283. Relocation/Transplanting of Canopy trees 2 EA over 5" Caliper up to 7" $ $ 284. Relocation/Transplanting of Canopy trees 2 EA over 7" Caliper up to 9' $ Relocation/Transplanting of Coconut EA 285. 2 Palms up to 2 ' of Graywood Relocation/Transplanting of Royal Palms 286. ue to 30°of Graywood - L— 2 EA 287. Relocation/Transplanting of Sabal Palms 2 EA up to 25'of GraXwood ............ $ 288. Rental of Crane 10 HR REMOVAL& DISPOSAL xcavation (Including Removal an 289. mcisal =0 :-7=— R ............................................ _2 (Cubic Yard) CY .......... WATER TRUCK 290.)7Watering-Man our 100 WP MULCH TOPSOIL/SOD I LANDSCAPE GRAVEL AND STONE(PER BID SPECIFICATIONS) 291. Supply, Install&Grade Top Soil (Bulk, Truck Loa100 =CY d .............. ) (Cubic Yard) � $ $ L_ --- "I - - — -- ..2!!92j1 Supply, Install (2 Cubic Feet)Cypress 100 CIF Blend Mulch ba All unit prices bid should be within two(2)decimal points. lf'-bidder's pricing exceeds two(2)decimal points, Purchasing reserves the right to round up or down accordingly. Continued... it Name: Page 560 of 665 Page 42 BID RESPONSE BID #17-0051ZG LANDSCAPE INSTALLATION AT VARIOUS LOCATIONS, TERM CONTRACT LOT 2—LANDSCAPE PLANT MATERIAL INSTALLATION Abbreviations: BR—Bare Root; BTD- Booted; CT-Clear Trunk; DBH - Diameter Breast Height FG- Field Grown; GW-Grey Wood; HGT-Height; M.S. - Multi-stem; OA - Overall; RPG - Root Plus Grower; SPD - Spread; STD - Standard; FTB-Full to Base;Tpl.-Triple Trunk. All Plant Material needs to conform to Florida Grades and Standards Florida#1. ESTIMATED ITEM UNIT PRICE TOTAL OFFER NO. DESCRIPTION 12 MONTH UNIT (INSTALLED) (INSTALLED) QUANTITY MULCH!TOPSOIL/SOD I LANDSCAPE GRAVEL AND STONE(PER BID SPECIFICATIONS) (Continued) Supply, Install(3 Cubic Feet)Cypress 293. Blend Mulch bak. 100 CF $ $ .u.... e Supply, Install &Grade St. Augustine 294. Floratam Sod 500 SQF Supply, Install &Grade Celebration#419 295' or Latitude#56 Bermuda Sod 500 SQF $ $ Install &Grade Landscape Gravel and CY 296. Stone(Cubic Yard) Supply at bidder's cost 100 $ $ ger Term &Condition#15 - TOTAL OFFER LOT#2 Items 1 — 296 $ All unit prices bid should be within two(2)decimal points If bidde'r's pricing exceeds two(2)decimal points, Purchasing reserves the right to round up or down accordingly. Acknowledge Non-Discrimination Policy Form is included as specified herein? YES/INITIAL Acknowledge Pre-Bid Conference was made, per Term and Condition#9? YES/INITIAL Acknowledge Qualification of Bidders information is included, per Term and Condition#10? YES/INITIAL Acknowledge Criminal History Records Check requirement, per Term &Condition#11&12? YES/INITIAL Acknowledge Insurance requirements, per Term and Condition #24? YES/INITIAL *PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR BID) By signature on this document, bidder acknowledges and agrees that its offer includes and accepts all terms, conditions, and specifications of the County's bid solicitation as originally published, without exception, change or alteration of any kind, except as may have been published by the County in official amendments prior to this date of submittal. Per General Term and Condition #7, if bidder is a Joint Venture for the goods/services described herein, bidder shall, upon requ ,st of Palm Beach County, provide a copy of the Joint Venture A reement si ned b a l pparties. FIRM NAME: (Enter the entire legal name of the bidding entity) DATE: it PRINT NAME: SIG TURE: PRINT TITLE: ADDRESS: CITY I STATE: ZIP CODE: TELEPHONE# ( ) E-MAIL: TOLL FREE # ( ) FAX#:( ) APPLICABLE LICENSE(S) NUMBER # TYPE: FEDERAL ID# Page 561 of 665 Page 43 QUALIFICATION OF BIDDERS REFERENCES FOR SOLICITATION #17-0051ZG Bidder shall list references in accordance with the requirements set forth in the Qualifications of Bidders. REFERENCE NAME: ti ADDRESS: _...... CONTACT NAME: g .. _......w_-___..... ........ PHONE: CELL PHONE: CONTACT INFORMATION: FAX: EMAIL: SCOPE OF WORK: CONTRACT DATES: REFERENCE NAME: ADDRESS- CONTACT NAME: PHONE: CELL PHONE: CONTACT INFORMATION: FAX: EMAIL: SCOPE OF WORK: CONTRACT DATES: C REFERENCE NAME: C ADDRESS: C CONTACT NAME: PHONE: CELL PHONE: CONTACT INFORMATION: FAX: EMAIL: SCOPE OF WORK: I CONTRACT DATES: Page 562 of 665 Page 44 CERTIFICATION OF BUSINESS LOCATION BID #17-005/ZG In accordance with the Palm Beach County Local Preference Ordinance, as amended, a preference may be given to: (1) bidders having a permanent place of business in Palm Beach County ("County") or (2) bidders having a permanent place of business in the Glades that are able to provide the goods and/or services to be utilized within the Glades. To receive a local preference, bidders must have a permanent place of business within the County or the Glades, as applicable, prior to the County's issuance of the solicitation. A Business Tax Receipt which is issued by the Palm Beach County Tax Collector, authorizes the bidder to provide the goods/services being solicited by the County, and will be used to verify that the bidder had a permanent place of business prior to the issuance of the solicitation. The bidder must submit this Certification of Business Location ("Certification") along with the required Business Tax Receipt at the time of bid or quote submission. The Business Tax Receipt and this Certification are the sole determinant of local preference eligibility. Errors in the completion of this Certification or failure to submit this completed Certification will cause the bidder to not receive a local preference. In instances where the bidder is exempt by law from the requirement of obtaining a Business Tax Receipt, the bidder must: (a) provide a citation to the specific statutory exemption; and (b) provide other documentation which clearly establishes that the bidder had a permanent place of business within the County or the Glades prior to the date of issuance of the solicitation. The County hereby retains the right to contact said bidders for additional information related to this requirement after the bid/quote due date. I. Bidder is a: Local Business: A local business has a permanent place of business in Palm Beach County. (Please indicate): Headquarters located in Palm Beach County Permanent office or other site located in Palm Beach County from which a vendor will produce a substantial portion of the goods or services. Glades Business: A Glades business has a permanent place of business in the Glades. (Please indicate): Headquarters located in the Glades Permanent office or other site located in the Glades from which a vendor will produce a substantial portion of the goods or services. II. The attached copy of bidder's County Business Tax Receipt verifies bidder's permanent place of business. THIS CERTIFICATION is submitted by_ mmm_ as (Name of Individual) of (Title/Position) (Firm Name of Bidder) who hereby certifies that the information stated above is true and correct and that the County Business Tax Receipt is a true and correct copy of the original. Further, it is hereby acknowledged that any misrepresentation by the bidder on this Certification will be considered an unethical business practice and be grounds for sanctions against future County business with the bidder. (Signature) (Date) Page 563 of 665 Page 45 CERTIFICATIONDRUG-FREE WORKPLACE BID #17-005/ZG IDENTICAL TIE BIDSIPROPOSALS - In accordance with Section 287.087, ., a preference shall be given to vendors submitting withtheir bids/proposals the following certification that they have implemented drug-free workplace r ram which meets the requirements of Section7. provided, o ever, that any preference given pursuant o Section 287.087, shall be made in conformity it the requirements pursu n the Palm Beach County Code, a , Article III, Sections 2-80.21 thru - .3 . Int the event tie bids are received fromvendors who have not submitted withtheir bidsiproposals a completed Dru - r lace Certification form, the award il! be made in accordance with Palme 's purchasing procedures pertaining to tie bids. This Drug-Free Workplace Certification form must be executed and returned withe attached bid/proposal, and received on or beforete published bidsubmission i e to be considered. T e failure to exec and/or return this certification s all not cause any bidiproposal to be deemed non-responsive. Whenever r more bids/proposals which are equal i respect to pric ality, and service r received Palm e c County forte procurement of commodities or contractual services, i I ro osal received from business that certifies that it has implemented a dr -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 the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying a actions that ill be taken against to for violations of such prohibition. ( Inform employees about the dangers of druguse in the workplace, the business's policy of maintaining drug-free r lac , any available drug counseling, re ilitaio employee assistance programs, and e penalties that may be imposed n employees for drug abuse violations. 3) Give eachemployee engaged in providing the commodities or contractual s is s that re under bid s copy f the statement specified in number 1 . ( ) In the statement specified in number ( ), notify the employees that, as a condition of working on the commodities or contractual se ices that re under bid, the employee will abide y the terms oft e statement an ill notify the employer of any conviction of, or plea of guiltyr nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the Unitedtats or any state,for a violation occurring in the workplace no later than five( as after such conviction. ( Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available int e employee's community, by any employee who is so convicted. ( ) Make a goodfaith effort to continue maintain a drug-free wor lac through implementation c ion 287.087, Florida Statutes. THIS CERTIFICATION is submitted -- the (individual's Name) o (Title/Position wi o y nor) e of o any nor) who does hereby certify a said any a or has implemented a drug-free workplace programis eets e requirements o eci n 287.087, Floridat t s,which are identified in numbers(1)through( above. Signature ate Page 564 of 665 Page 46 NON-DISCRIMINATION POLICY BID #17-005IZG Pursuant to Palm Beach County Resolution R-2014-1421, as may be amended, it is the policy of the Board of County Commissioners of Palm Beach County that Palm Beach County shall not conduct business with nor appropriate any funds for any organization that practices discrimination on the basis of race, color, national origin, religion, ancestry, sex, age, familial status, marital status, sexual orientation, gender identity and expression, disability, or genetic information. All bidders doing business with Palm Beach County are required to submit a copy of its non-discrimination policy which shall be consistent with the policy of Palm Beach County stated above, prior to entering into any contract with Palm Beach County. In the event a bidder does not have a written non-discrimination policy, such bidder shall be required to check the applicable statement and sign below affirming that their non-discrimination policy is in conformance with Palm Beach County's policy. Check one: (®) Bidder hereby acknowledges that it does not have a written non-discrimination policy; however Bidder hereby affirms by signing below that its non-discrimination policy is in conformance with the above. OR (®) Bidder hereby attaches its non-discrimination policy which is consistent with the policy of Palm Beach County. NOTE: Bidder's failure to comply with the above requirements will render bidder non-responsive. Bidder shall notify Palm Beach County in the event it no longer maintains a non-discrimination policy that is in conformance with Palm Beach County's policy set forth above. Failure to maintain said non-discrimination policy shall be considered a default of contract. BIDDER: Company Name Signature Name(type or print) Title Rev.64.26.16 Page 565 of 665 LIJ LU ca ZEW < IL z LU a . L U) x 71 z z 0 W L0 LLI 0 CL. U. LU 0(0 ZEW E, U-i uj 2: 0 LL M C3 LL 0 uf 0 uj z 0 CL x 0 r— < Lu W pp E z LL x CL 0 O�r 0 z 0 U) 0 LU -100 0 CL mli I- F-� 4 u F- I W4 LU z u0j 02 m z z 0 0 Q UJ IL 0 0 0 =l)ZW X, % 0 W ca W'D CO X LU W 2 IL LU C9 w 0 U) z UA Lu 0 Z UWI LU z oc a m 0 1 2s Lu rL z uj a 0 Lu ul 3: Ih F :) -'U Z IL F-M UJ 0 -j Z Lug; IL > UA to Lu �2 uj No r—n 00 E 0 CD I 1 2 1 El El LF]l 1:1 Ll W LFU- Z 0 uj-i-j_3 uj E 0 F- KI( L 0 op 3 0 0 Lu 0 pa U' F-00 Z Z F- , E 45 1 '.D 0 0 M Z -J 10 0 JL T-1 0 W 0 0 Lou W IL IL 0 ui 0 cc x R:0 p- LZLo 0—011, Lu Z LF) Z LL, iz (L � 4 0 LU Lu W z< z z W mo Lu uj 0 0 X F- F- 2 w 0 m 0 ca W f p-i Z :3 W 0 0 U. uj 0 a U).0 z IL 5 LU Lj F- Z 0 0 0 W 0 W LLJ W IL LU 0 < D (0) a. z (a 0 2 W dc 0 -OJ-,jueV EL Z U M F- 0 CL F- Page 566 of 665 Page 48 OSBA SCHEDULE 2 LETTER OF INTENT TO PERFORM AS AN SBE-M/WBE SUBCONTRACTOR This document must be completed by the SBE-MIWBE Subcontractor and submitted with bid packet. Specify in detail, the particular work items to be performed and the dollar amount and/or percentage for each work item. SBE credit will only be given for items which the SBE-MIWBE Subcontractor are SBE certified to perform.Failure to properly complete Schedule 2 may result in your SBE participation not being counted. PROJECT NUMBER: PROJECT NAME: TO: (Mame of Prime Bidder) The undersigned is certified by Palm Beach County as a-(check one or more, as applicable): Small Business Enterprise Minority Business Enterprise Black Hispanic Women Caucasian Other(Please Specify) Date of Palm Beach County Certification: The undersigned is prepared to perform the following described work in connection with the above project. Additional Sheets May Be Used As Necessary Line Item/ Total Price/ Lot No. Item Description Qty/Units Unit Price Percentage at the following price or percentage (Subcontractor's quote) and will enter into a formal agreement for work with you conditioned upon your execution of a contract with Palm Beach County. If undersigned intends to subcontract any portion of this job to a certified SBE or a non-SBE subcontractor, please list the name of the subcontractor and the amount below. Price or Percentage 1 m„ (Name of Subcontractor) The Prime affirms that it will monitor the SBE's listed to ensure the SBE's perform the work with its own forces. The undersigned subcontractor affirms that it has the resources necessary to perform the work listed without subcontracting to non-certified SBE or any other certified SBE subcontractors except as noted above. The undersigned subcontractor understands that the provision of this form to Prime Bidder does not prevent Subcontractor from providing quotations to other bidders. ........ _ .. (Print name of SBE-M/WBE Subcontractor) By: ..................... __......_ ._ (Signature) Print nameltitie of person executing on behalf of SBE/MMIBE Subcontractor Revised 1 011 1/201 1 Date: ... Page 567 of 665 Q 7 ® 0 0 m ! TO-i q- 4� - 0 W M CL IS _ R a— 0 . u CL a CF a — C C5 and e'er+ 0 ui 09 CL 0 67 �9 c 0 v M CL c 0 z LU M LU UJ 0 0 CL00 LLAtz ® LLJ ® M ai 0LIJ U) CD qne c 02 an ® IS ca a® :�'N . ® CL 0c i t t} s+ CO _ a) `— .— 0 M LU LU ® 26 n aL V3 ds 0 LU a E- �y m as 4) . ° isUJ 0 v t a as 0 0 �i? W � � m ( C� F �s 8UJ ® 0 c d 4- 0 = : 0 dim 0 0 �roM� ` > 0 — rw `, ase � ® 0 Ow 0 LU 0 CL— 0 Q z .ra 0 0 f' d m } I} E �- � � Ix to I L) c L. ® <00o _ .............. ® ® k i elm r®- c� U �} c m - _ .LL — t7? �Ud fla m — E LU L) ILL c7'uiL) na cb c D SJ ,'ke tG t g +� L9 Page 568 of 665 Page 50 OSBA SCHEDULE 4 - SBE-M/WBE PAYMENT CERTIFICATION The Prime Contractor is to submit Schedule 4 with its Monthly Payment Request to Palm Beach County to reflect actual payments made to the SHE-M/WBE Subcontractor. The Prime Contractor is not to request signature from an SBE-M/WBE Subcontractor unless it has made a payment to the SSE-M/WBE Subcontractor. The SBE-M/WBE Subcontractor is not to complete and sign this form unless it has received a payment from the Prime Contractor for services actually performed by the SBE-M/WBE Subcontractor. A separate Schedule 4 is required for each SSE-M/WBE Subcontractor payment. This is to certify that received (SBE or M/WBE Subcontractor Name) (Monthly) or (Final) payment of $ On from MM DD YYYY (Prime Contractor Name) For labor and/or materials used on _ / . (Project Name) (work order) DEPT.: PROJECT NO.: PRIME CONTRACTOR VENDOR CODE: SBE OR M/WBE SUBCONTRACTOR VENDOR CODE: If the SBE Subcontractor intends to disburse any funds associated with this payment to any Subcontractor for labor and/or material provided on this project, please provide the following information: *Subcontractor Name: Amount to be paid: *Note: If the subcontractor listed in this section is an SBE or M/WBE a separate schedule 4 is required to verify payment. By ........... _„ _._.._............ (Signature of Subcontractor) (Print Name & Title of Person executing on behalf of Subcontractor) STATE OF FLORIDA COUNTY OF Sworn to and subscribed before me this day of , 20 By Notary Public, State of Florida Print, Type or Stamp Commissioned Name of Notary Personally Known OR Produced Identification Type of Identification Rev. 5 Last updated: 11/18/11 Page 569 of 665 II D � J 0 iffLf �. L° 0 ., �Zom UJI d w W 2 R LLI tt& { t E - 1 } ry E Lu _ ,�dy �LI.114 U. w0" k a:0 a-zf -_.. tLZ KU CS 3 o9 LL W U1 LU u � s Z c6 Eel Cad w w LL LL �-cc IN. CCL N on. k CL Cq '0 LUw® �. _ .. ._......_. -j w Neu t4 UJI ELU - �� 0 uj i. 0 11 16 71 1} w LU �IL � € LLLU LU LU < CL iL 9L 0 LU Lu �wZ -jr 4UJ _ w �, 3: �', I� i - v 0 oC U EFJ Z >Z w CL z IL® t-E- Lu UJ LU LU D OA �. ® �. Zj LU 8w X: TU s _ s to U. ul �e a. inr ' -; ul �LL di CL w Y Z Ix CL Z - - LW Z Lzu LU LU C4 P- g. U. (k 0 s rcm - " CCL " _ r �- _ tIL plu yi 14. m' p �ll. n�.�uououou»,.<.,..uuuuuuuuuu e4 ffl� 44 tc- ...........f ta...:�. q.,�.o. LU W3 UAc( id WCL M O E LL 2 � � (: 1101 z -1 � ty � 0 u � 0 � 0 Iz in J IL z F Fz 4wCL - t a � # 3 S5- 0 wf- + a g Lu U1 • �z}, w . UJ E LV: Lo 20 LL Qtid��" �7 C?ELI fE. ! B�IL � � �. �- �0 LU 9 � �°" r- F- F'• 0 �Lu OR 5 CL 0a. �: b y .. 0LES E<sW 00 �m cy 0 w 0 0 s- cv air ' C- F•- Z Z �. ........_......... ...................... ®a Page 570 of 665 r , e LL O �� y IMMO . O UJR lyzom LOU Uuj LL ui �� „�' U. Gly" . r^ ZI � ( 9L Z IL 2 Ji 7-1 1 , C3 0 ; w ulCL f v W " l' u LL < J LU is as Ce �`16! it d a � LLLL UJa La 40 La � � FL " �', iZ� to - ; 6 IU a l i � 44 40i u - 1 Z UJ CL 0wOe ku 0. S.? L7 er�r� � z tLl 13 RE z led L6. 0 w C IL !® 1 U. ", s tL 69.1 Lu UJ UJ iL 9L w .I < � � rL LU 4 ®� in LU a w LU CL w w LU z F—Ot 0 @— rLU LU LU uj CY 94 W d ? F- _ ' " uj " ..-"m u" p Lij CL n LU chi " uj L IL az etuZLLI .._ ui Lij CL x 0M �� C W t- 9j ® ` —CL rCr " ul -- " t .�+ iIL o ene' ..7. _. lJ Z _ n„ rJ 0 Z —1 � r z . X Ru I Z �� arL� LU _ ! � Z I Ju' 0 �K i LL. C3 i CL >-_, r�LLJ F- " C8 ; IX tf8 13 CL D Z Ili ZW® ' � LU < m 0; to Rc � a erg on 0< � 0 � BL° UJ 0 00` �� BUY 00 w 0 00F— LU 2�Z cm F- ro CA Page 571 of 665 11.A. NEW BUSINESS 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 REQUESTED ACTION BY COMMISSION: Authorize the Finance Department to reduce the allowance for Uncollectible Account and the Accounts Receivable amount by $481,791.17 reflecting past due amounts on 2,593 customer accounts for the period between July 2014 through November 2017. EXPLANATION OF REQUEST: The reduction of$481,791.17 reflecting past due amounts on 2,593 customer accounts is required to maintain balanced utility accounts. The amount includes small balances of less than $25.00 which occur when customers do not pay the final bill after they discontinue service. The remainder of the balance consists of unpaid Utility and Solid Waste invoices, miscellaneous charges (late fees, penalties, service adjustments), taxes and other adjustments, that have been in collections over one year prior to July 2016. The City is required to establish an amount for the allowance for uncollectible accounts annually based on overall outstanding receivables both in utility and sanitation funds. By establishing that allowance annually this write-off request will have no impact on the City's financial statements. The majority of the write-off balance is a result of bankruptcies, commercial tenant accounts, residential tenant accounts and small balances. The $481,791.17 involves 2,593 customer accounts closed from July 2014 through November 2017. The write-off is a financial process and does not erase the debt from an individual or a property. The City, during account transition, collects any written-off debt that is possible, whether it is a property transaction with owner debt; or, if a "tenant" attempts to open a utility account with the city, past debt is presented for payment/collection before a new account can be established. With assistance from the City Clerk's office the lien search process that is standard for real estate transactions has been streamlined and is defensible in collection of owner debt. Liens are placed on properties with large owner debt. Ownership is verified and the majority of properties are sitting vacant, these accounts are not included in the write-off. The properties are being billed for services, and the balances are collected at the time of sale. During the period of July 2014 through November 2017, the City billed approximately $135 million in charges for Utility and Solid Waste fees. The amount requested for write off comprises just over .0003 percent(.03%) of the total amount billed during that period for water, sewer, storm water and refuse. The previous writes were as follows: Action Date Amount FY 11-12 $755,213.93 FY 13-14 $613,414.20 Attached is a schedule of amounts per service type to be written off, a computer generated report will be available once the system actually writes off the accounts. The Utility has developed processes and procedures to minimize unpaid utility bills. Shut-off for non-payment within 45 days of payment due is the initial action to attempt to collect past due amounts. Payment plans are offered for customers with balances and circumstances that meet the payment policies approved by the City Commission. Tenant accounts are monitored for shut off for non-payment and vacancy and are placed in owner's name, if not already, within 75 days of tenant non-payment. Page 572 of 665 Because of these changes, the Utility has not submitted accounts to a 3rd party collection agency since October 2017, and has"called back" all accounts. The City has been more effective collecting debt from customers than the agency by following good account management processes and policy. Liens are placed on properties with large owner debt. Ownership is verified and the majority of properties are sitting vacant, these accounts are not included in the write-off. The properties are being billed for services, and the balances are collected at the time of sale. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted There is no fiscal impact since the amount has already been accounted for in the allowance for uncollectible accounts on the financial statements and is just over ALTERNATIVES: Continue to carry the unpaid account in the accounts receivable accounts and the allowance for uncollectible accounts. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Attachment Write-off Balance Summary Page 573 of 665 LO ƒ \ % / ) \ \ / / o > \ \ ® \ m - a£ «� � 6 � \ \(t ^ > W U W In 0 LOr- In i 0 D7 a �H OO ' r a FC O:a N W� � z aO � zw at, 00 EH Ha oa E Eo N N uz o � wo a . a H ..a E ou uw a a 0 u a awe H O O F � rF� i N N U � a F a o H i � E F U � z W w w 3 z N w£w w rxao a a� aur+ w o F aa� n.o u 11.B. NEW BUSINESS 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-079-Authorize issuance of$11,065,000 principal amount of Utility System Revenue Bond, Series 2018 in order to pay for capital improvements to the City's Utility System and to pay for certain costs of issuing the Series 2018 Bonds. EXPLANATION OF REQUEST: The City Commission passed Resolution R18-060 on April 17, 2018 authorizing staff to evaluate financing of costs associated with constructing a chilled water facility (district energy plant) with a Utility System Revenue Bond not exceeding $15,000,000. Due to favorable market conditions, the City's Financial Advisor, Jay Glover of The PFM Group, issued an RFP on April 18, 2018 to provide funding for capital expenditures relating to the construction of a District Energy Plant to be part of the City's water, sewer and storm water utility system. The RFP outlined that the City was looking for the Utility System Revenue Bonds, Series 2018 in an amount not to exceed $11.1 million, a repayment term of approximately 20 years and desired to have optional prepayment flexibility. Proposals were due on May 4, 2018, nine (9) proposals were received from the following firms: Bank of America, CenterState Bank, JP Morgan Chase Bank, Pinnacle Public Finance, Raymond James, Signature Public Funding, Sterling National Bank, SunTrust Bank and TD Bank. Proposals were reviewed by Jay Glover, City's financial advisor, Mark Raymond, City's bond counsel and Tim Howard, City's Assistant City Manager-Administrative Services. Based on Public Financial Management, Inc. (PFM), the City's financial advisors, review of the nine proposals, it was determined that CenterState Bank provided the best proposal when considering interest rates, prepayment flexibility, and other terms/conditions. CenterState Bank offered a fixed interest rate of 3.60%, final maturity of 11/1/37 and is callable at anytime with no prepayment penalty. The proposed interest rate is locked through the proposed closing date of June 8, 2018. The closing for the Utility System Revenue Bonds, Series 2018 is scheduled for no later than June 8, 2018 and the interest rate of 3.60% is locked through June 8, 2018. This Resolution of the City of Boynton Beach will: 1. Authorize the City to Issue Utility System Revenue Bond, Series 2018 not to exceed $11.1 M to finance capital improvements to the City's Utility System. 2. Award the Utility System Revenue Bond, Series 2018 to CenterState Bank(Exhibit A) 3. Approve the form and terms of the Series 2018 Bond. (Exhibit B) 4. Appoint a Paying Agent and Registrar for the Series 2018 Bond as the City's Clerk. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Issuance of the bonds will allow the Utility Department to expand its types of services to included chilled water. Users of the District Energy Plant will pay a user fee for the chilled water that will pay for the operation including the debt service on this bond. Bond proceeds will finance the construction of a District Energy Plant that will supply chilled water to surrounding properties. Currently the City has three (3) outstanding Utility System Revenue Bonds: Page 576 of 665 1) 2002 Issue - $12,870,000 is currently outstanding and is scheduled to be paid off in the year 2020. 2) 2012 Issue - $44,200,000 is currently outstanding and is scheduled to be paid off in the year 2036. 3) 2016 Issue - $23,000,000 is currently outstanding and is scheduled to be paid off in the year 2031. The current debt service payment on the three (3) outstanding bonds is approximately$6.6M for next year and with this additional financing it is estimated to increase to $7M-$7.4M. FISCAL IMPACT: Non-budgeted The issuance of the Utility System Revenue Bond, Series 2018 in the amount of$11,065,000 with an interest rate of 3.60% will increase annual debt service payments by approximately $805,000. Existing FY Debt Svc New FY Debt Svc FY 18/19 $6,617,800 $6,975,200 FY 19/20 $6,616,513 $7,422,383 FY 20/21 $6,616,723 $7,415,323 There will be no increase to property taxes nor will the General Fund be tapped to fund the debt service of the new bond issue. The repayment of Utility Revenue Bond debt will come solely from the revenues of the Utility System. ALTERNATIVES: Do not proceed with issuing the Utility System Revenue bond, Series 2018. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D] Resolution Resolution-Utility Syst Rev Bonds 2018 D5 Exhibit Exhibits D] Memo PFM Recommendation 2018 Page 577 of 665 I RESOLUTION NO. R18- 2 3 A SERIES RESOLUTION PROVIDING FOR THE ISSUANCE OF $11,065,000 OF THE 4 CITY OF BOYNTON BEACH, FLORIDA UTILITY SYSTEM REVENUE BOND, SERIES 5 2018; PROVIDING A METHOD FOR FIXING AND DETERMINING THE PRINCIPAL 6 AMOUNT, INTEREST RATE, MATURITY DATE, REDEMPTION PROVISIONS AND 7 OTHER DETAILS OF SAID BOND; AUTHORIZING THE SALE OF THE BOND TO 8 CENTERSTATE BANK, N.A.; FINDING NECESSITY FOR A NEGOTIATED SALE OF 9 SUCH BOND; PROVIDING FOR THE APPLICATION OF THE PROCEEDS OF SAID 10 BOND AND CERTAIN OTHER MONEYS; DESIGNATING THE BOND REGISTRAR 11 FOR SAID BOND; CONTAINING CERTAIN AUTHORIZATIONS AND OTHER 12 PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, the City of Boynton Beach, Florida (the "City")is authorized by the Constitution 16 and laws of the State of Florida, including the City's Charter and Chapter 166, Florida 17 Statutes, to issue revenue bonds of the City payable from Pledged Revenues (as defined in the 18 Bond Resolution hereinafter defined mentioned)for certain purposes; and 19 20 WHEREAS, pursuant to Resolution No. R 92 96 adopted by the City Commission of the City 21 (the "City Commission") on June 16, 1992, as amended (the "Bond Resolution") obligations 22 of the City may be issued and may be secured by a lien upon and pledge of certain "Pledged 23 Revenues" as defined in and to the extent set forth in the Bond Resolution; and 24 25 WHEREAS, the City desires to issue a Bond (the "Series 2018 Bond") under the Bond 26 Resolution to provide funds, together with available funds of the City, to pay costs of capital 27 improvements to the City's Utility System consisting of facilities to provide chilled water to 28 certain customers of the Utility System and to pay certain costs of issuing such Series 2018 29 Bond (the "2018 Project"); and 30 31 WHEREAS, prior to the issuance of the Series 2018 Bond the conditions set forth in Section 32 209 of the Bond Resolution shall be satisfied; and 33 34 WHEREAS, the City Commission has determined that the sale of such Series 2018 Bond 35 through negotiation with CenterState Bank, N.A. (the "Lender") is in the best interest of the 36 City; and 37 38 WHEREAS, the City Commission has received from the Lender the proposal attached hereto 39 as Exhibit A (the "Proposal") whereby the Lender proposes to make a loan to the City to be 40 evidenced by the Series 2018 Bond, and the City Commission has determined that the 41 authorization of the acceptance of such proposal pursuant to the terms set forth in Section 6 42 hereof is in the best interests of the City and will effect the purposes set forth in the Bond 43 Resolution; and 44 45 WHEREAS, it is necessary and desirable to specify a method for determining the dates, the 46 interest rates, maturity dates and redemption provisions for such Series 2018 Bond; Page 578 of 665 I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 2 BOYNTON BEACH, FLORIDA: 3 4 Section 1. Authority for this Resolution. This Resolution is adopted pursuant to the 5 provisions of the Charter of the City of Boynton Beach, Florida, the Constitution of the State 6 of Florida, including, but not limited to, Article VIII, Section 2 thereof, and other applicable 7 provisions of law, including Chapter 166, Florida Statutes, and the Bond Resolution. 8 9 Section 2. Definitions. Terms used herein in capitalized form and not otherwise 10 defined herein shall have the meanings ascribed thereto in the Bond Resolution. The 11 following terms, when used in this Resolution or in the Bond Resolution, as amended hereby, 12 shall have the following meanings: 13 14 "Authorized Representative" means the Mayor or Vice-Mayor, and in the absence or inability 15 to act of the Mayor or Vice-Mayor, the City Manager or any other City Commissioner (the 16 absence or inability to act of the Mayor of Vice-Mayor as to any particular action being 17 conclusively established by the taking of such action by the City Manager or other City 18 Commissioner). 19 20 'Business Day" shall mean any day other than a Saturday, Sunday or other day on which the 21 Payment Office of the Lender (as defined in the Series 2018 Bond) is lawfully and 22 temporarily closed. 23 24 "Closing Date" shall mean the date on which the Series 2018 Bond are issued and delivered 25 by the City and paid for by the Lender. 26 27 "Interest Payment Date" shall mean May 1 and November 1 of each year, commencing 28 November 1, 2018. 29 30 Section 3. Authorization of Bond. A Bond is hereby authorized to be issued pursuant 31 to this Resolution and Section 209 of the Bond Resolution in the principal amount of 32 $11,065,000. The Bond hereby authorized shall be known as "Utility System Revenue Bond, 33 Series 2018" (the "Series 2018 Bond"). Prior to the issuance of the Series 2018 Bond the 34 conditions of Section 209 of the Bond Resolution shall be satisfied. The Series 2018 Bond is 35 being issued for the principal purpose of providing funds to pay for capital improvements to 36 the Utility System. 37 38 Section 4. Terms of the Series 2018 Bond. 39 40 (a) Form of Bond. The Series 2018 Bond shall be substantially in the form attached hereto 41 as Exhibit B, with such changes as may be necessary or appropriate to conform to the 42 provisions of this Resolution and the terms of the Series 2018 Bond set forth herein as may be 43 approved by the officers of the City executing the Series 2018 Bond, such execution to be 44 conclusive evidence of such approval. 45 46 (b) Amounts, Maturities, Redemption Provisions and Interest Rates. The Series 2018 Bond Page 579 of 665 2 I shall be issued as a single bond for the entire principal amount of the Series 2018 Bond, shall 2 be issued in registered form, shall be numbered R-1, shall be dated the date of its initial 3 issuance and delivery, and shall bear interest from such date, payable on the Interest Payments 4 Dates. The Series 2018 Bond shall be issued on such date, in the amount of$11,050,000, shall 5 bear interest at the rate of 3.60% per annum (subject to adjustment as provided in the Series 6 2018 Bond), computed on the basis of a 360 day year consisting of twelve 30 day months, and 7 shall mature on November 1 of the years and shall have such prepayment or redemption 8 provisions, all as set forth in the Series 2018 Bond, and as shall be consistent with the 9 Proposal. 10 11 (c) Reserve Account Requirement. The Reserve Account Requirement for the Series 2018 12 Bond shall be zero. 13 14 Section 5. Approval of Sale of the Series 2018 Bond. The City hereby determines that 15 a negotiated sale of the Series 2018 Bond to the Lender is in the best interest of the City and 16 the citizens and inhabitants of the City by reason of the volatility of the market for tax exempt 17 bonds. Prior to the issuance of the Series 2018 Bond, the Lender shall file with the City the 18 disclosure statement required by Section 218.385, Florida Statutes, and the competitive 19 bidding for the Series 2018 Bond is hereby waived pursuant to the authority of Section 20 218.385(1), Florida Statutes. 21 22 Section 6. Execution and Delivery of the Series 2018 Bond. The Authorized 23 Representative and the City Clerk are hereby authorized and directed on behalf of the City to 24 execute the Series 2018 Bond as provided in the Bond Resolution and such officials are 25 hereby authorized and directed upon the execution of the Series 2018 Bond in the form and 26 manner set forth herein and in the Bond Resolution to deliver the Series 2018 Bond in the 27 amount authorized to be issued hereunder to the Bond Registrar for authentication (upon the 28 satisfaction of the conditions of Section 209 of the Bond Resolution) and delivery to or upon 29 the order of the Lender upon payment of the purchase price set forth herein. 30 31 Section 7. Application of Proceeds. Proceeds from the sale of the Series 2018 Bond 32 shall be applied to pay costs of the 2018 Project as further set forth in a certificate executed by 33 the Authorized Representative at or prior to the issuance of the Series 2018 Bond. 34 35 Section 8. Amendments to Bond Resolution Applicable to Series 2018 Bond. Pursuant 36 to the authority of Section 1001(a), (b), (c) and/or (d) of the Bond Resolution, and with the 37 consent of the Bondholders of the Series 2018 Bond (which shall be deemed given by the 38 Lender's acceptance of the ownership thereof), notwithstanding anything to the contrary 39 contained in the Bond Resolution: 40 41 (a) The City Clerk shall serve as Bond Registrar with respect to the Series 2018 Bond; and 42 43 (b) The provisions of Article III of the Bond Resolution regarding "redemption" do not apply 44 to the Series 2018 Bond, and the Series 2018 Bond shall be subject to prepayment as provided 45 therein. 46 Page 580 of 665 3 I Section 9. Compliance with Tax Requirements. The City hereby covenants and agrees, 2 for the benefit of the Bondholders from time to time of the Series 2018 Bond, to comply with 3 the requirements applicable to it contained in Section 103 and Part IV of Subchapter B of 4 Chapter 1 of the Internal Revenue Code of 1986, as amended (the "Code") to the extent 5 necessary to preserve the exclusion of interest on the Series 2018 Bond from gross income for 6 federal income tax purposes. Specifically, without intending to limit in any way the generality 7 of the foregoing, the City covenants and agrees: 8 9 (1) to pay to the United States of America from, to the extent legally available, the funds 10 and sources of revenues pledged to the payment of the Series 2018 Bond, and from any other 11 legally available funds, at the times and to the extent required pursuant to Section 148(f) of 12 the Code, the excess of the amount earned on all non-purpose investments (as defined in 13 Section 148(f)(6) of the Code) (other than investments attributed to an excess described in this 14 sentence) over the amount which would have been earned if such non purpose investments 15 were invested at a rate equal to the yield on the Series 2018 Bond, plus any income 16 attributable to such excess (the "Rebate Amount"); 17 18 (2) to maintain and retain all records pertaining to and to be responsible for making or 19 causing to be made all determinations and calculations of the Rebate Amount and required 20 payments of the Rebate Amount as shall be necessary to comply with the Code; 21 22 (3) to refrain from using proceeds from the Series 2018 Bond in a manner that would 23 cause the Series 2018 Bond to be classified as a private activity bond under Section 141(a) of 24 the Code; and 25 26 (4) to take or refrain from taking any action that would cause the Series 2018 Bond to 27 become an arbitrage bond under Section 103(b) and Section 148 of the Code. 28 29 The City understands that the foregoing covenants impose continuing obligations on the City 30 to comply with the requirements of Section 103 and Part IV of Subchapter B of Chapter 1 of 31 the Code so long as such requirements are applicable. 32 33 Unless otherwise specified in the Certificate as to Arbitrage and Other Tax Matters delivered 34 in connection with the issuance of the Series 2018 Bond, the City shall designate a certified 35 public accountant, Bond Counsel, or other professional consultant having the skill and 36 expertise necessary (the "Rebate Analyst") to make any and all calculations required pursuant 37 to this Section regarding the Rebate Amount. Such calculation shall be made in the manner 38 and at such times as specified in the Code. The City shall engage and shall be responsible for 39 paying the fees and expenses of the Rebate Analyst. 40 41 Section 10. Authorizations. The Authorized Representative, the City Clerk and the 42 Assistant City Manager-Administrative Services are hereby jointly and severally authorized to 43 do all acts and things required of them by this Resolution or the Bond Resolution, or desirable 44 or consistent with the requirements hereof or thereof, for the full, punctual and complete 45 performance of all terms, covenants and agreements contained in the Series 2018 Bond, the 46 Bond Resolution and this Resolution, and to make any elections necessary or desirable in Page 581 of 665 4 I connection with the arbitrage provisions of Section 148 of the Code. 2 Section 11. Business Days. In any case where the scheduled date for payment of 3 principal, premium, if any, or interest of the Series 2018 Bond is not a Business Day, then 4 such payment of principal, premium, if any, or interest need not be made on such date but 5 may be made on the next succeeding Business Day, provided, however, that interest shall 6 continue to accrue to and shall be payable on such succeeding Business Day. 7 8 Section 12. Provisions Required by the Lender. The following provisions shall apply 9 for so long as, and only for so long as the Series 2018 Bond is Outstanding: 10 11 (a) The City shall within 270 days after the end of each of its Fiscal Years furnish to the 12 Bondholder of the Series 2018 Bond the financial statements of the City for such Fiscal Year, 13 together with an audit report of an independent certified public accountant to the effect that 14 such audit has been conducted in accordance with generally accepted auditing standards and 15 stating whether such financial statements present fairly in all material respects the financial 16 position of the City and the results of its operations and cash flows for the periods covered by 17 the audit report, all in conformity with generally accepted accounting principles applied on a 18 consistent basis. The City shall also furnish to the Bondholder of the Series 2018 Bond, within 19 sixty days after the adoption thereof, the annual budget of the City, and within thirty days 20 after written request therefor such other information, other than any information required or 21 permitted by law to be confidential, respecting the affairs, condition and/or operations, 22 financial or otherwise, of the City, as the Bondholder may reasonably request, including but 23 not limited to a certification as to the absence of any Event of Default and compliance by the 24 City with the covenant of Section 502 of the Bond Resolution. 25 26 (b) The City shall within ten Business Days after it acquires knowledge thereof, notify the 27 Bondholder in writing at the Payment Office of the Lender of the happening, occurrence, or 28 existence of any Event of Default and any event or condition which with the passage of time 29 or giving of notice, or both, would constitute an Event of Default, and shall provide the 30 Bondholder, with such written notice, a detailed statement by a responsible officer of the City 31 of all relevant facts and the action being taken or proposed to be taken by the City with 32 respect thereto. Regardless of the date of receipt of such notice by the Bondholder, such date 33 shall not in any way modify the date of occurrence of the actual Event of Default. 34 35 (c) It shall be an Event of Default if the City shall fail to observe and perform any covenant, 36 condition or agreement on its part to be observed or performed under this Resolution for a 37 period of thirty days after the earlier of(i) the date written notice specifying such failure and 38 requesting that it be remedied, is given to the City by the Bondholder or (ii) the date the City 39 was required to give notice of the event or condition to the Bondholder pursuant to this 40 Resolution, unless the Bondholder shall agree in writing to an extension of such time prior to 41 its expiration. 42 43 (d) If an Event of Default shall occur, the City shall pay, but only from the Pledged Revenues, 44 the reasonable costs incurred by the Lender in the enforcement of its rights hereunder, under 45 the Bond Resolution and under the Series 2018 Bond, including reasonable attorney's fees and 46 expenses, including in connection with any appeal. Page 582 of 665 5 1 2 (e) For purposes of Section 502 of the Bond Resolution, the definition of "Principal and 3 Interest Requirements" shall be applied without the application of clauses (a), (b), (c), (e), (f), 4 (g), (h), (i) and 0) thereof, and shall include all principal and interest required to be paid on 5 Outstanding Bonds during the relevant Fiscal Year. 6 7 (f) For purposes of Section 209 of the Bond Resolution, the definition of "Principal and 8 Interest Requirements" shall be applied without the application of clause (b)thereof. 9 10 (g) Section 209(1) shall be applied by inserting at the end thereof. "Adopted increases which 11 are not effective (that is, actually being or to be collected) in the then-current or the 12 succeeding fiscal year shall not be taken into account. 13 14 (h) Section 209(4) shall be applied only to the extent that the period for which the 15 Assessments or Impact Fees have been imposed and the anticipated receipts therefrom 16 substantially correspond to the Principal and Interest Requirements of the proposed Additional 17 Bonds (or are otherwise acceptable to the Lender). 18 19 (i) Section 210(f) of the Bond Resolution shall be applied by inserting the words "in either the 20 Maximum Principal and Interest Requirements or" after the word "increase." 21 22 (j) Section 212(a) of the Bond Resolution shall not be applicable. 23 24 (k) As a condition to any amendment to any Bonds, Alternative Parity Debt or Short Term 25 Indebtedness that would change the Principal and Interest Requirements applicable thereto, 26 the City shall satisfy the requirements of either Section 209(c) or 210(f) of the Bond 27 Resolution as if the amended Bonds, Alternative Parity Debt or Short Term Indebtedness was 28 newly incurred on the effective date of the amendment. 29 30 (1) The City shall not consolidate any Separate System into the Utility System pursuant to 31 Section 710 of the Bond Resolution unless, in addition to the requirements of said Section 32 710, such Separate System consists only of land, structures and facilities used or useful for the 33 collection, transmission, treatment, disposal and reclamation of sewage and stormwater runoff 34 and for the cooling, supply, storage, treatment, transmission and distribution of potable and 35 non-potable water, which may include chilled water. 36 37 (m)No modification or amendment of this Resolution or of any resolution amendatory hereof 38 or supplemental hereto may be made except with the written consent of the Bondholder. No 39 modification or amendment to Sections 209 through 212, Article V, Sections 701 and 706, 40 Article VIII, Article X and Article XI of the Bond Resolution (or the definitions referenced 41 therein) may be made without the written consent of the Bondholder. 42 43 Section 13. Resolution to Constitute a Contract. In consideration of the purchase and 44 acceptance of the Series 2018 Bond authorized to be issued hereunder by those who shall be 45 the holders thereof from time to time, this Resolution shall constitute a contract between the 46 City and such holders, and all covenants and agreements herein and in the Bond Resolution Page 583 of 665 6 I set forth to be performed by the City shall be for the equal benefit and security of all of the 2 holders. 3 4 Section 14. No Implied Beneficiary. With the exception of any rights herein expressly 5 conferred, nothing expressed or mentioned in or to be implied from this Resolution or the 6 Series 2018 Bond is intended or shall be construed to give any person other than the City, the 7 Lender and the Bondholder, any legal or equitable right, remedy or claim under or with 8 respect to this Resolution or the Bond Resolution or any covenants, conditions, and provisions 9 herein contained; this Resolution and the Bond Resolution and all of the covenants, conditions 10 and provisions hereof and thereof being intended to be and being for the sole and exclusive 11 benefit of the City, the Lender and the Bondholder. 12 13 Section 15. Severability. If any provision of this Resolution shall be held or deemed to 14 be or shall, in fact, be illegal, inoperative or unenforceable in any context, the same shall not 15 effect any other provision herein or render any other provision (or such provision in any other 16 context)invalid, inoperative or unenforceable to any extent whatsoever. 17 18 Section 16. Repealer. All Resolutions or parts thereof of the City in conflict with the 19 provisions herein contained or, to the extent of any such conflict, hereby superseded and 20 repealed. 21 22 Section 17: This Resolution shall take effect immediately upon its passage. 23 24 PASSED AND ADOPTED this day of , 2018. 25 CITY OF BOYNTON BEACH, FLORIDA 26 27 YES NO 28 29 Mayor— Stephen B. Grant 30 31 Vice Mayor— Christina Romelus 32 33 Commissioner—Justin Katz 34 35 Commissioner—Mack McCray 36 37 Commissioner—Joe Casello 38 39 40 VOTE 41 ATTEST: 42 43 44 Judith Pyle, CMC 45 City Clerk Page 584 of 665 7 1 2 (Corporate Seal) Page 585 of 665 8 EXHIBIT A � NN, CenterState NON-BINDING PROPOSAL May 4, 2018 City of Boynton Beach, FL Commissioners 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 Dear Commissioners: CenterState Bank, N.A. ("CenterState Bank") is pleased to have the opportunity to consider your loan request. This letter is a Non-Binding Proposal. All quoted rates are applicable for closing held on or before April 30, 2018. Borrower: City of Boynton Beach, Florida (The "City" or"Borrower") Reference: City of Boynton Beach, Florida— Non-Bank Qualified Tax-Exempt Financing Request for Proposal. Utility System Revenue Bond, Series 2018 Purpose: The Series 2018 Bond proceeds will be used to refinance the cost of a District Energy System (DES)that is being constructed to provide cooling energy to groups of buildings located within a centralized geographic area. A central plant contains all the equipment used to cool the water (cooling tower, pump and chiller equipment) and this cooled water is pumped through a looped piping system to buildings where the warm air from the building is blown over coils containing the chilled water from the plant cooling the air. Loan Amount: Not to Exceed $11,100,000 (Eleven Million One Hundred Thousand Dollars) Rates: All quoted rates are applicable for closing held on or before June 30, 2018. Security: The principal and interest on the 2018 Bond will be payable solely from and secured by a pledge of the Pledged Revenues, which include (i) Net Revenues of the System, (ii) certain Impact Fees, and (iii) subject to application thereof as provided in the Resolution, amounts in certain funds and accounts established under the Resolution. No Debt Service Reserve Fund will be funded for the 2018 Bond. The lien of the 2018 Bond on the Pledged Revenues will be on parity with the 2002 Bonds, 2012 Bonds, 2016 Bond and any Additional Bonds issued under the Utility System Bond Resolution. 1 Page 586 of 665 NON-BINDING PROPOSAL Non-Bank Qualified Tax Exempt: 15 YR Maturity Date: November 1, 2032 (Approximately 15 years from closing) Interest Rate: 3.30% Non-Bank-Qualified Tax Exempt Fixed Rate based on 30/360 day- count basis Default Rate: 6.30% Repayment Terms: 15 years principal + interest payments. Interest Payment Dates: Semiannually May 1 and November 1, commencing Nov 1, 2018 Principal Payment Dates: November 1 st of each year, commencing November 1, 2019. Principal Payments per Exhibit A of subject RFP. 20 YR Maturity Date: November 1, 2037 (Approximately 20 years from closing) Interest Rate: 3.60% Non-Bank-Qualified Tax Exempt Fixed Rate based on 30/360 day- count basis Default Rate: 6.60% Repayment Terms: 20 years principal + interest payments. Interest Payment Dates: Semiannually May 1 and Nov 1, commencing Nov 1, 2018 Principal Payment Dates: November 1 st of each year, commencing November 1, 2019. Principal Payments per Exhibit A of subject RFP. Prepayment Provisions: Prepayable in whole or in part at any time. Legal Counsel Fees: $6,800 Late Fees: Bank may at its option collect from the Borrower a late charge of five percent (5.00%) of any payment not received by Bank within ten (10) days after the payment is due. Event of Default: Upon an event of default as described in the bond resolution, the holder may recover from the Borrower all expenses incurred including without limitation reasonable attorney's fees, at all levels of proceedings, whether incurred in connection with collection, bankruptcy, proceedings, trial, appeal or otherwise. 2 Page 587 of 665 MIN, CenterState NON-BINDING PROPOSAL Covenants: 1.)The City will provide a copy of its comprehensive annual financial report (CAFR) within 270 days of FY end and the City's Budget within 60 days of adoption. 2.) Borrower shall provide such other information as is reasonably requested by the Bank. 3.) Upon request of Bank, Borrower shall provide a no default and covenant compliance certificate. 4.) Other usual and customary covenants for a transaction of this type, substantially as in the City's existing Utility System Bond Resolution. 5.) The interest rate will be adjusted to provide the Bank with the same after-tax yield if there is a determination of taxability with respect to the Loan as a result of any action or inaction of the Borrower. 6.) The Bank will require delivery of the opinions of bond counsel and the City attorney in form and substance satisfactory to the Bank. 7.) Loan documents to be reviewed and approved by Bank's bond counsel. Whether issued as parity debt or alternative parity debt under the existing Utility System Bond Resolution, the following points will need to be addressed in the loan documentation to the satisfaction of the Bank: a) for purposes of the rate covenant, principal and interest requirements must include all debt service actually paid on parity debt during the relevant measurement period; b) for purposes of the additional parity debt test, principal and interest requirements shall include projected long term debt service on any interim bonds; c) the additional parity debt test shall be met with respect to the issuance (or material modification, including a conversion)of any additional parity debt (other than refunding debt as described below), unless waived by the Bank; d) refunding debt shall not be required to meet the additional parity debt test if there is no increase in maximum annual debt service; e) for purposes of the additional parity debt test, revenue adjustments (i) for rate increases shall only be included to the extent then being collected (i.e, excluding future rate increases) and ii) relating to assessments or impact fees to be collected in the future shall only be taken into account only if approved by the Bank; f) no separate system shall be combined into the System without the consent of the Bank; and g) amendments affecting the loan or the security therefor shall require the consent of the Bank. 8.)Anti-dilution test and rate covenant conforming to City's existing covenants (subject to the preceding paragraph) and deemed satisfactory to the Bank. Conditions: 1.) CenterState Bank requests (but not required) the City to maintain a checking account with the Bank 3 Page 588 of 665 NON-BINDING PROPOSAL This Non-Binding Proposal is solely and exclusively intended to serve as a summary of potential credit facility terms and conditions as a basis for preliminary discussion purposes only and to demonstrate CenterState Bank's interest in reviewing your loan request and, subject to CenterState Bank's underwriting requirements, and submission of your request for approval. This proposal may not include all of the terms and provisions that may be contained in any binding commitment letter which may later be offered to you. No oral communications between the parties shall be deemed to supersede this Non-Binding Proposal or indicate any commitment to extend credit in any form. Upon approval of your loan, a commitment letter signed by a CenterState Bank officer will be provided to you for your consideration. Sincerely, 2 5/04/2018 Ja rod Trefelner Date Vice President&Commercial Lender Acceptance: By accepting this Non-Binding Proposal you acknowledge and agree to the terms hereof, including without limitation the non-binding nature of this Proposal. City of Boynton Beach, FL Commissioners Date Contact Information: Jarrod Trefelner I VP I Commercial Lon Officer er 5001 Okeechobee Rd I Fort Pierce,FL 34947 Cell 772.201.49911 Office 772.293.0636 1 Fax 772.460.2332 JTrefelner@centerstatebank.com NMLS ID 1189742 4 Page 589 of 665 EXHIBIT B No. R-1 $11,065,000.00 City of Boynton Beach, Florida Utility System Revenue Bond, Series 2018 Maturity Date Interest Rate Original Issue Date November 1, 2037 3.60% June 8, 2018 BONDHOLDER: CenterState Bank,N.A. PRINCIPAL AMOUNT: Eleven Million Sixty-Five Thousand and No/100 Dollars The City of Boynton Beach, Florida(herein called the "City"), a political subdivision and public body politic and corporate of the State of Florida, duly organized and operating under the constitution and laws of the State of Florida,is justly indebted to and hereby promises to pay to the Bondholder shown above or to the registered assigns thereof(the"Bondholder")on the date specified above (or earlier as hereinafter referred to), the principal sum shown above, or such lesser amount as shall be outstanding hereunder,and interest on such principal sum from the date hereof at the rate per annum specified above (subject to adjustment as hereinafter provided), computed on the basis of a 360-day year consisting of twelve 30-day months, until payment of such principal sum. The principal hereof shall be repaid in installments, due on November 1 of the years and in the amounts set forth in the following table, and on November 1, 2037 the entire outstanding principal balance hereof plus all accrued and unpaid interest thereon shall be paid in full: Year Principal Due 2019 $415,000.00 2020 430,000.00 2021 445,000.00 2022 465,000.00 2023 480,000.00 2024 495,000.00 2025 515,000.00 2026 535,000.00 2027 550,000.00 2028 570,000.00 2029 595,000.00 2030 615,000.00 2031 635,000.00 2032 660,000.00 2033 680,000.00 2034 705,000.00 2035 730,000.00 2036 760,000.00 2037 All remaining principal Page 590 of 665 Interest on the outstanding principal balance shall be paid in arrears, on the first day of each May and November, commencing November 1, 2018. Prepayments of principal,in whole or in part,may be made by the City on any Business Day. The City shall provide the Bondholder with at least three days' prior written notice of any prepayment, which notice may be conditional or revocable by the City. The City shall also pay the interest accrued on any principal being prepaid.Prepayments of less than the entire principal balance hereof shall be applied to the remaining scheduled installment(s) of principal to be paid hereon in the inverse order of the due dates thereof,or in such other order as agreed upon in writing by the City and the Bondholder. All payments made by the City to the Registered Holder shall be applied first to accrued interest,then to any other amounts as shall be owing by the City to the Registered Holder hereunder, and then to principal. All payments hereon shall be made in such coin or currency of the United States of America as at the time of payment is legal tender for payment of public and private debts, and shall be made by wire transfer by the City to the Registered Holder in accordance with written instructions provided by the Registered Holder to the City, or in such other manner as may be agreed upon by the City and the Registered Holder. The place of payment designated by the Bondholder being referred to as the "Payment Office of the Lender." Presentment of this Bond is not required for payment hereof. As used in this Bond: (1) "Code" means the Internal Revenue Code of 1986, as amended, and any Treasury Regulations, whether temporary, proposed or final, promulgated thereunder or applicable thereto; and (2) "Determination of Taxability"shall mean the circumstance of interest payable on this Bond becoming includable for federal income tax purposes in the gross income of the Bondholder hereof as a consequence of any act or failure to act by the City.A Determination of Taxability shall be evidenced by (i) the issuance by the Internal Revenue Service of a statutory notice of deficiency or other written notification which holds in effect that the interest payable with respect to this Bond is includable for federal income tax purposes in the gross income of the Bondholder, which notice or notification is not contested by either the City or the Bondholder, or(ii) a determination by a court of competent jurisdiction that the interest payable with respect to this Bond is includable for federal income tax purposes in the gross income of the Bondholder,which determination either is final and non-appealable or is not appealed within the requisite time period for appeal, or(iii) the admission in writing by the City that interest payable with respect to this Bond is includable for federal income tax purposes in the gross income of the Bondholder,in each case solely due to an action or a failure to act by the City. Upon the occurrence of a Determination of Taxability,the interest rate on this Bond shall be adjusted to a rate equal to the lesser of the maximum lawful rate or 3.60%divided by one minus the Maximum Corporate Tax Rate (hereinafter defined) (the "Adjusted Interest Rate"), as of and from the date such determination would be applicable with respect to this Bond(the"Accrual Date"); and (i) the City shall on the next May 1 or November 1, whichever is first, pay to the Bondholder an 2 Page 591 of 665 amount equal to the sum of(1)the difference between(A)the total interest that would have accrued on this Bond at the Adjusted Interest Rate from the Accrual Date to such May 1 or November 1,and (B) the actual interest paid by the City on this Bond from the Accrual Date to such May 1 or November 1, and (2) any penalties, fines, fees, costs and interest required to be paid by the Bondholder to the Internal Revenue Service as a result of such Determination of Taxability; and(ii) from and after the Determination of Taxability, this Bond shall continue to bear interest at the Adjusted Interest Rate for the period such determination continues to be applicable with respect to this Bond. This adjustment shall survive payment of this Bond until such time as the federal statute of limitations under which the interest on this Bond could be declared taxable under the Code,shall have expired. "Maximum Corporate Tax Rate" means the highest marginal rate of United States income tax imposed on the taxable income of the Bondholder pursuant to the Code. After the occurrence of any default under the hereinafter described Resolution, notwithstanding any other terms hereof or of the Resolution, the Interest Rate on this Bond shall be adjusted to the lesser of 6.60%per annum and the maximum rate allowed under applicable law. This Bond is one of a series of Bonds designated "Utility System Revenue Bond, Series 2018"the "Series 2018 Bond"),issued by the City pursuant to Resolution No. 92-96 adopted by the City Commission of the City on June 16, 1992, as amended and supplemented (the 'Bond Resolution"),particularly as amended and supplemented by that certain resolution adopted by the City Commission of the City in furtherance of the Bond Resolution on June 5, 2018 (the "Series Resolution"and,together with the Bond Resolution,the"Resolution").This Bond is secured by and is payable under the Resolution as a"Bond" thereunder, on a parity with all other Bonds thereunder to the extent provided therein. Reference is made to the Resolution for a more complete statement of the provisions thereof and of the rights and duties of the City, the Bond Registrar and the owners of Bonds. Copies of the Resolution are on file and may be inspected at the offices of the City. By the purchase and acceptance of this Bond,the holder hereof signifies assent to all of the provisions of the Resolution. IN WITNESS WHEREOF, the City of Boynton Beach, Florida by resolution duly adopted by its City Commission,has caused this Bond to be signed by its Vice-Mayor and to be attested by its City Clerk and the official seal of the City to be impressed hereon, all as of the 8th day of June, 2018. [SEAL] CITY OF BOYNTON BEACH, FLORIDA By: Mayor ATTEST: By: City Clerk 3 Page 592 of 665 CERTIFICATE OF AUTHENTICATION This Bond is the Bond of the series designated herein and issued under the provisions of the within-mentioned Resolution. City Clerk of the City of Boynton Beach, Florida, as Bond Registrar By: City Clerk Date of authentication: June 8, 2018 4 Page 593 of 665 0 PfM May 9, 2018 Recommendation Memorandum To: Tim Howard,Assistant City Manager—Administrative Services From: Jay Glover, Managing Director—PFM Financial Advisors LLC Re: Utility System Revenue Bond, Series 2018 —Recommendation Memo PFM Financial Advisors LLC ("PFM")was engaged by the City of Boynton Beach, Florida (the"City") to serve as financial advisor for the City's proposed issuance of the Utility System Revenue Bond, Series 2018 (the "2018 Bond") to be issued to finance the cost of a District Energy System (DES) that is being constructed to provide cooling energy to groups of buildings located within a centralized geographic area. Based on the size (not to exceed $11.1 million), term (up to 20 years), reduced costs of issuance, desire for expedited implementation and recent aggressive bids received from banks for comparable transactions; PFM recommended the City pursue a privately placed direct bank loan, which in today's market conditions was expected to be an efficient and cost effective method of financing. At the City's direction, PFM distributed a request for proposals ("RFP") on April 18, 2018 to a list of local, regional and national financial institutions to identify the institution that could provide the City with a fixed rate, non-bank qualified term loan at the lowest overall borrowing cost, pursuant to certain conditions as determined by the City. The RFP requested interest rate proposals be provided based on a 15 and/or 20 year amortization. Prior to the submittal deadline (May 4, 2018) the City received nine (9) proposals from the following firms: Bank of America, CenterState Bank, JPMorgan Chase Bank, Pinnacle Public Finance, Raymond James, Signature Public Funding, Sterling National Bank, SunTrust Bank and TD Bank. A summary of each proposal is included as Exhibit A. Based on PFM's review and discussions with City staff and Bond Counsel, it was determined that CenterState Bank provided the best proposal when considering interest rate, final maturity, prepayment flexibility, and other terms/conditions. CenterState Bank proposed a 20 year fixed interest rate of 3.60%that is callable at any time with no prepayment penalty. Their proposed interest rate is locked through a closing date (no later than June 8, 2018) so the City isn't affected by any interest rate movements between the date of proposal submission and closing. Additionally, the only interest rate adjustment post-closing would be for a determination of taxability as a result of action or inaction of the City. PFM and Bond Counsel have reviewed all of the other terms and conditions of the CenterState Bank proposal and concluded that they are standard for transactions of this nature. Based on the locked fixed interest rate, prepayment flexibility at par at any time and standard terms and conditions, PFM recommends selecting CenterState Bank as the loan provider at a rate of 3.60%. We anticipate bringing the Bond Resolution to the City Commission for consideration at the Page 594 of 665 May 31, 2018 meeting. If you have any questions please feel free to contact me at 407-406-5760 or gloverip_pfm.com. 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LEGAL 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-009 - FIRST READING -Approve proposed Ordinance amending Chapter 15, Article VI 11, Chronic Nuisance Property Code to clarify certain sections. EXPLANATION OF REQUEST: On June 6, 2017 the Commission passed Ordinance 17-012 on Second Reading. Since that time, City staff has reviewed the ordinance and identified areas of the ordinance to be streamlined and clarified. The proposed revisions to the ordinance are in the best interest of the health, safety, and welfare of the citizens and residents of the City and furthers the City's interest in creating a partnership with property owners to address chronic nuisance activities in the community. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Through a combined effort between City departments, a partnership will be created with owners to address the negative results caused by chronic nuisance activities and address excessive calls for service to the Police and Fire Departments. FISCAL IMPACT: Non-budgeted ALTERNATIVES: Reject the proposed ordinance. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 600 of 665 ATTACHMENTS: Type Description D Ordinance Ordinance amending Chronic Nuisance Property Code Page 601 of 665 I ORDINANCE NO. 18- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING CHAPTER 15, ARTICLE VIII, 5 "CHRONIC NUISANCE PROPERTY CODE"; PROVIDING FOR 6 CONFLICTS, SEVERABILITY, CODIFICATION AND AN 7 EFFECTIVE DATE. 8 9 WHEREAS, on June 6, 2017 the City Commission repealed and replaced Ord. No. 10 06-096,§ 2,adopted January 2, 2007,replaced it with Ord. 17- 012,§§ 1-7,and renamed 11 it the Chronic Nuisance Property Code; and 12 WHEREAS,following implementation of the Chronic Nuisance Property Code, City 13 staff identified elements which needed clarification; and 14 WHEREAS,the City Commission, deems it appropriate and in the best interests of 15 the health,safety and welfare of the citizens and residents of the City of Boynton Beach to 16 amend the Chronic Nuisance Property Code. 17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 18 OF BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. The foregoing "Whereas" clauses are true and correct and 20 incorporated herein by this reference. 21 Section 2. Article VIII, of Chapter 15 of the City's Code of Ordinances is hereby 22 amended as follows: 23 Section 15-112 Definitions 24 25 (a) Chronic nuisance property. A property on which one or more continuing nuisance 26 activities occurs or re-occurs. 27 (b) Chronic Nuisance Services. Remedial action(s) taken by the City to eliminate or 28 mitigate a nuisance condition that threatens public health, safety, or welfare. 29 (c) Corrective Action Plan. A plan prepared by the City, incorporated in the 30 Nuisance Abatement Agreement, and agreed to by the owner to address and {00226455.1 306-9001821}C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\26D23507-AA47-47AF-BCOC- 2A3CB8798C76\Boynton Beach.10470.1.Chronic Nuisance_Ordinance_Amendment -_May_2018_(00226455xc4b6a).D0CX 1 Page 602 of 665 31 eliminate nuisance activity on the owner's property by the implementation of 32 proactive steps by the property owner. 33 (d) Nuisance activity. Nuisance activity or nuisance means any activities relating to the 34 following violations, whenever engaged in by the property owner, operator, agent, 35 tenant, or invitee of the property owner, operator, agent or tenant: 36 . . . 37 26.Two (2) or more calls for service within a period of thirty (30) calendar days to 38 the same property for police, fire, medic, emergency personnel, or other City 39 personnel to assist an individual who displays the symptoms of an overdose of a 40 controlled substance. 41 (e) Nuisance Abatement Agreement.An agreement entered into between the City and 42 property owner that contains a "Corrective Action Plan" to be implemented by the 43 property 44 owner to address and abate the nuisance activity. 45 . . . 46 (h) Pattern of nuisance activity. Real property shall be deemed to exhibit a pattern of 47 nuisance activity when: 48 (1) The City has responded to three or more nuisance activities at the property 49 within 30 days; or 50 (2) The City has responded to seven or more nuisance activities at the property 51 within six months; or 52 . . . 53 54 55 56 Section 15-113 Construction and application. {00226455.1 306-9001821}C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\26D23507-AA47-47AF-BCOC- 2A3CB8798C76\Boynton Beach.10470.1.Chronic Nuisance_Ordinance_Amendment -_May_2018_(00226455xc4b6a).DOCX 2 Page 603 of 665 57 (a) Pattern of nuisance activity will not be construed to include: 58 (1) A nuisance activity where the property owner, operator, agent,tenant, or invitee 59 of the property owner, agent or tenant is the victim of a crime; or 60 (2) A complaint or call for service to which the City responded and determined that 61 no violation was committed. 62 (3) A Domestic violence call. 63 Section 15-114 Separate occurrences. 64 (a) For purposes of this article, each time (instance) that the City responds to a 65 nuisance activity at the property shall be a separate occurrence. 66 Section 15-115 Declaration of Chronic Nuisance; Corrective Action Plan 67 . . . 68 (c) A Nuisance Abatement Agreement shall set forth a Corrective Action Plan with 69 specific measures that the property owner must take to curtail or eliminate the re- 70 occurrence of nuisance activities at the property. The Nuisance Abatement 71 Agreement shall contain a timetable for corrective action. The Corrective Action Plan 72 may include abatement measures which must be taken by the property owner such 73 as: 74 (1) Commencement of an eviction action by the property owner pursuant to Chapter 75 83 Florida Statutes to remove from the property those individuals engaged in the 76 nuisance activity; 77 (2) Implementation of "crime prevention through environmental design" (CPTED) 78 measures; 79 (3) Frequency of site visits and inspections by the owner or owner's agents at various 80 times of both day and night; 81 (4) Hiring of property management; 82 (5) Hiring of private security; {00226455.1 306-9001821}C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\26D23507-AA47-47AF-BCOC- 2A3CB8798C76\Boynton Beach.10470.1.Chronic Nuisance_Ordinance_Amendment -_May_2018_(00226455xc4b6a).DOCX 3 Page 604 of 665 83 (6) Installation of security cameras; 84 (7) Use of a written lease agreement which delineates prohibited tenant or tenant 85 invitee conduct; 86 (8) Criminal background checks for prospective tenants and lease renewals; 87 (9) The Operator must post "no trespassing" signs at the property and execute of a 88 "no trespass affidavit" authorizing the police department to act as an agent of the 89 property owner to enforce trespass statutes on the property; 90 (10) The Operator must make regular requests to the police and fire departments for 91 offense and incident reports relating to the property. Reports are available 92 through the records division; 93 (11) Written documentation of any and all efforts to curtail or eliminate the re- 94 occurrence of nuisance activities on the property; 95 (12) Other action that the City determines is reasonably sufficient to curtail or 96 eliminate the re-occurrence of nuisance activities on the property. 97 . . . 98 (g) If the City determines during the monitoring period that the Corrective Action Plan is 99 not adequate to curtail or eliminate the re-occurrence of nuisance activities on the 100 property, the City may require the property owner to revise the Corrective Action 101 Plan. The determination as to whether or not the Corrective Action Plan is adequate 102 is in the sole and exclusive discretion of the City, based on the totality of the 103 circumstances for the specific property. 104 105 Section 15-116 Refusal To Sign or Violation of Agreement. 106 . . . 107 (b) A request for hearing shall be filed by the Director of Community Standards or 108 designee with the City within 15 days from the deadline for entry into a Nuisance {00226455.1 306-9001821}C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\26D23507-AA47-47AF-BCOC- 2A3CB8798C76\Boynton Beach.10470.1.Chronic Nuisance_Ordinance_Amendment -_May_2018_(00226455xc4b6a).D0CX 4 Page 605 of 665 109 Abatement Agreement or the violation of a provision of the Agreement or Corrective 110 Action Plan. 111 (c) The City shall schedule a hearing before the City's Special Magistrate. The hearing 112 shall be limited to the review of the record or evidence upon which the City based the 113 Declaration of Chronic Nuisance or the failure by the property owner implement the 114 Agreement/Corrective Action Plan and any rebuttal offered by the property owner. 115 All testimony shall be under oath and the City and property owner shall be afforded 116 the opportunity to call or cross-exam any witness. 117 (f) After hearing the testimony and evidence, the Special Magistrate shall either uphold 118 or reject (i) the City's Declaration of Chronic Nuisance or (ii) the notice of violation 119 regarding the Corrective Action Plan, as appropriate. 120 . . . 121 Section 15-117.5 Change in title to chronic nuisance property. 122 (a) Purchase at judicial sale upon final judgment of foreclosure. Every purchaser of a 123 chronic nuisance property at judicial sale upon final judgment of foreclosure shall 124 provide the City with a Corrective Action Plan and implement a Corrective Action Plan 125 no later than 45 days from the date of sale. 126 (b) Receivership. Every trustee of a chronic nuisance property appointed after the entry 127 of a chronic nuisance service order shall provide the City with a Corrective Action 128 Plan and implement the Corrective Action Plan no later than 45 days from the date of 129 appointment of receiver in any state or federal action at law. 130 (c) Probate. Every personal representative of an owner of a chronic nuisance property 131 shall provide the City with a Corrective Action Plan and implement a Corrective 132 Action Plan no later than 45 days from the date of appointment. If the owner of the 133 chronic nuisance property died intestate,beneficiaries of the estate shall be required 134 to provide the City with a Corrective Action Plan and implement a Corrective Action 135 Plan. {00226455.1 306-9001821}C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\26D23507-AA47-47AF-BCOC- 2A3CB8798C76\Boynton Beach.10470.1.Chronic Nuisance_Ordinance_Amendment -_May_2018_(00226455xc4b6a).DOCX 5 Page 606 of 665 136 (d) Other changes in title to chronic nuisance property. An arms-length purchaser of a 137 chronic nuisance property that has purchased the property after entry of a chronic 138 nuisance service order for the property shall have 45 days from the date of closing or 139 recording of the order, whichever occurs last, to provide the City with a proposal to 140 release or modify a Nuisance Abatement Agreement or Corrective Action Plan. Until 141 such time as the City agrees to release or modify an Agreement, the Agreement shall 142 be enforceable as provided herein. 143 . . . 144 Section 3. City Staff is authorized to take all steps necessary to effectuate the 145 intent of this ordinance. 146 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of 147 Resolutions in conflict herewith be and the same are hereby repealed to the extent of such 148 conflict. 149 Section S. Should any section or provision of this Ordinance or any portion 150 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall 151 not affect the remainder of this Ordinance. 152 Section 6. It is the intention of the City Commission of the City of Boynton 153 Beach that the provisions of this Ordinance shall become and be made a part of the Code 154 of Ordinances of the City of Boynton Beach, Florida. The Sections of this Ordinance may 155 be renumbered, re-lettered and the word "Ordinance" may be changed to "Section", 156 "Article" or such other word or phrase in order to accomplish such intention. 157 Section 7. This Ordinance shall become effective upon adoption. 158 159 FIRST READING this day of 2018. 160 161 {00226455.1 306-9001821}C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\26D23507-AA47-47AF-BCOC- 2A3CB8798C76\Boynton Beach.10470.1.Chronic Nuisance_Ordinance_Amendment -_May_2018_(00226455xc4b6a).D0CX 6 Page 607 of 665 162 SECOND, FINAL READING AND PASSAGE this day of ,2018. 163 164 CITY OF BOYNTON BEACH, FLORIDA 165 166 YES NO 167 168 Mayor- Steven B. Grant 169 170 Vice-Mayor- Christina L. Romelus 171 172 Commissioner - Mack McCray 173 174 Commissioner-Justin Katz 175 176 Commissioner-Joe Casello 177 178 179 VOTE 18o ATTEST: 181 182 183 184 Judith A. Pyle, CMC 185 City Clerk 186 187 188 189 (Corporate Seal) {00226455.1 306-9001821}C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\26D23507-AA47-47AF-BCOC- 2A3CB8798C76\Boynton Beach.10470.1.Chronic Nuisance_Ordinance_Amendment -_May_2018_(00226455xc4b6a).D0CX 7 Page 608 of 665 12.B. LEGAL 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-007 - SECOND READING - PUBLIC HEARING - 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 used to enforce the ordinance and to clarify the process for registering abandoned property. (Tabled to 5-15-18, Tabled to 6-5-18) 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 609 of 665 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance amending Chapter 10, Article I I I "Abandoned Personal and Real Property" Page 610 of 665 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\BDDA12D9-AB64-4E7A-AC3A- 31CF4BDBC33F\Boynton Beach.10738.1.Property_Registration(2)_-_Ordinance.doc 8 Page 611 of 665 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\BDDA12D9-AB64-4E7A-AC3A- 31CF4BDBC33F\Boynton Beach.10738.1.Property_Registration(2)_-_Ordinance.doc 8 Page 612 of 665 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 Vacant: Any parcel of land, building, or structure that is not legally occupied. 5 (c) Applicability. This section shall be considered cumulative and not superseding or 6 subject to any other law or provision for same, but shall rather be an additional remedy 7 available to the City above and beyond any other state, county and/or local provisions for 8 same. 9 (d) Penalties. Any person who shall violate the provisions of this section shall, upon 10 conviction, be punished as provided in Section 1-6 of the City's Code of Ordinances Code as 11 applicable. In addition, any violation of this section may be enforced through the City's Code 12 Compliance Board, as provided in Chapter 2, Article V, of the City's Code of Ordinances. 13 (e) Placement of abandoned personal property on private property prohibited. 14 (1) It shall be unlawful for any person to abandon personal property upon private 15 property: 16 a. Without such receiving the property owner's consent; or 17 b. In violation of this or any other applicable law, ordinance or regulation. 18 (2) Nothing in this section shall be deemed to apply to abandoned personal property 19 authorized to be left on private business property properly operated, licensed and zoned in the 20 City for the purpose of accepting abandoned property. 21 (f) Public nuisance. All abandoned personal property and Abandoned Real Property is 22 hereby declared to be a public nuisance, the abatement of which, pursuant to the police power, 23 is hereby declared to be necessary for the health, welfare and safety of the residents of the 24 City. 25 (g) Notification procedure. When an enforcement officer ascertains that an article of 26 personal property having nominal salvage value lies abandoned or derelict upon private 27 property, that officer shall: 28 (1) Cause a notice to be placed upon such abandoned property in the substantially 29 following form: 3o NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE FOLLOWING 31 DESCRIBED PROPERTY: 32 (setting forth brief description) 33 LOCATED AT: 34 (setting forth brief description of location) 35 is: 36 IMPROPERLY STORED AND IS IN VIOLATION OF 37 (setting forth ordinance or resolution violated) 38 AND MUST BE REMOVED WITHIN FIVE(5)DAYS FROM THE DATE OF THIS 39 NOTICE; OTHERWISE IT SHALL BE PRESUMED TO BE ABANDONED PROPERTY, 4o AND MAY BE REMOVED AND SOLD OR DESTROYED BY ORDER OF THE CITY OF 41 BOYNTON BEACH, FLORIDA, DATED THIS: 42 (setting forth the date of posting of notice) 43 SIGNED 44 (setting forth name, title, address and telephone number of enforcement officer) 45 (2) Such notice shall be not less than eight(8)inches by ten (10)inches, and be 46 sufficiently weatherproof to withstand normal exposure to the elements. C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\BDDA12D9-AB64-4E7A-AC3A- 31CF4BDBC33F\Boynton Beach.10738.1.Property_Registration(2)_-_Ordinance.doc 8 Page 613 of 665 1 (3) The enforcement officer shall make reasonable effort to ascertain the name and 2 address of the owner of the abandoned property and, if such address is reasonably available, 3 the officer shall mail, by certified mail, a copy of the notice to the owner, on or before the 4 date of posting the above-described notice on the abandoned personal property. 5 (4) The enforcement officer shall mail, by certified mail, a copy of the above-described 6 notice to the owner of the Real Property upon which the abandoned personal property is 7 located, as shown by the real estate tax records as provided by the Palm Beach County 8 Property Appraiser's Office, or any other address provided to the local government by such 9 owner, on or before the date of posting such notice. 10 (h) Removal of abandoned personal property. 11 (1) If at the end of five (5) days after posting notice under this section, the owner or any 12 person interested in such abandoned personal property described in the notice has not 13 removed same, the City may seek an appropriate order from the special magistrate or code 14 enforcement board, and may subsequently cause the article of abandoned personal property to 15 be removed and destroyed, and the salvage value, if any, of such article shall be retained by 16 the City, to be applied against the cost of removal and destruction thereof. 17 (2) Before destruction, for abandoned property on private lands, at the end of the five (5) 18 day period of posting of such notice, if the owner or person having interest in the property has 19 not removed the abandoned property from private property, or shown reasonable cause for 20 failure to do so, the City may cause the property so described to be removed by a towing or 21 salvage company, which shall cause the article or articles of abandoned property to be 22 removed and placed in storage, if applicable with the local, state and federal regulations. At 23 the conclusion of the required storage, if the article is not claimed, and if the salvage value is 24 above one hundred dollars ($100.00), the towing company shall pay the City the sum of 25 twenty-five dollars ($25.00) or ten percent(10%) of such value, whichever is greater, for the 26 administrative costs in handling with the article. If the article is claimed, the City shall 27 receive twenty-five dollars ($25.00) as an administrative fee. 28 (3) It is unlawful to remove abandoned personal property, including inoperative vehicles, 29 from private property to public property after the posting of the property by an enforcement 30 officer. 31 (4) In the event that the abandoned property is deemed to bean imminent public health 32 and safety hazard, an enforcement officer is authorized to remove the property immediately. 33 Subsequent to the removal of the abandoned property, the City shall make reasonable and 34 diligent efforts to ascertain the owner and take the applicable action. If the abandoned 35 property is on private property, the private property owner shall be provided notice and 36 assessed the cost of removal of the abandoned property and any required clean-up of the 37 private property. 38 (i) Registration of Abandoned Real Property. 39 (1) Any Mortgagee who holds a mortgage on Real Property located within the City shall 40 perform an inspection of the property that is the security for the mortgage, upon 41 Default by the mortgagor, or prior to the issuance of a notice of default. 42 (2) Within ten (10) days of the date any Mortgagee declares its mortgage to be in Default, 43 the Mortgagee shall register the Real Property with the City's foreclosure registry, 44 and, at the time of registration, indicate whether the property is Vacant, and if so shall 45 designate in writing a Property Manager to inspect, maintain and secure the Real C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\BDDA12D9-AB64-4E7A-AC3A- 31CF4BDBC33F\Boynton Beach.10738.1.Property_Registration(2)_-_Ordinance.doc 8 Page 614 of 665 I Property subject to the mortgage in Default or Defaulted. A separate registration is 2 required for each Defaulted property. 3 (3) Property inspected pursuant to subsection (1) above that remains in Default shall be 4 inspected every thirty (30) days by the Mortgagee or Mortgagee's designee. If an 5 inspection shows a change in the property's occupancy status the Mortgagee shall, 6 within ten (10) days of that inspection, update the occupancy status of the property 7 registration. 8 (4) Registration pursuant to this section shall contain the name of the Mortgagee, the 9 direct mailing address of the Mortgagee, a direct contact name and telephone number 10 of Mortgagee, facsimile number and e-mail address, and the local Property 11 Management Company responsible for the security and maintenance of the property 12 and the direct contact name and telephone number of the manager, facsimile number 13 and email address, and mobile number for direct contact. 14 (5) ) An annual registration fee in an amount set by the City Commission, per property, 15 shall accompany the registration. 16 (6) This section shall also apply to properties that have been the subject of a foreclosure 17 sale, where the title was transferred to the beneficiary of a mortgage involved in the 18 foreclosure and any properties transferred under a deed in lieu of foreclosure/sale. 19 (7) Properties subject to this section shall remain under the annual registration 20 requirements, security and maintenance standards of this section as long as the 21 mortgage is under Foreclosure or in Default or Defaulted. 22 (9) Any person or corporation that has registered a property under this section must report 23 any change of information contained in the registration within ten (10) days of the 24 change. 25 (10) If any property is in violation of this Chapter the City may take any necessary 26 actions permitted by law to ensure compliance and the City may place a lien on the 27 property for the cost of the outstanding obligation and any additional costs incurred to 28 bring the property into compliance. 29 30 (j) Maintenance requirements. 31 (1) In addition to the complying with the City's Property Maintenance Code, properties 32 subject to this chapter shall be kept free of weeds, overgrown brush, dead vegetation, trash, 33 junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices, 34 except those required by federal, state or local law, discarded personal items included, but not 35 limited to, furniture, clothing, large and small appliances, printed material or any other items 36 that give the appearance that the property is abandoned. 37 (2) The property shall be maintained free of graffiti or similar markings by removal or 38 painting over with an exterior grade paint that matches the color of the exterior structure. 39 (3) Front, side and rear yard landscaping shall be maintained in accordance with the 40 City's Code of Ordinances at the time registration was required. 41 (4) Landscape shall include, but not be limited to, grass, ground covers, bushes, shrubs, 42 hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically 43 for residential installation. Landscape shall not include weeds, gravel, broken concrete, 44 asphalt or similar material. C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\BDDA12D9-AB64-4E7A-AC3A- 31CF4BDBC33F\Boynton Beach.10738.1.Property_Registration(2)_-_Ordinance.doc 8 Page 615 of 665 1 (5) Maintenance shall include, but not be limited to, watering, irrigation, cutting and 2 mowing of required landscape and removal of all trimmings. 3 (6) Pools and spas shall be maintained so the water remains free and clear of pollutants 4 and debris. Pools and spas shall comply with the enclosure requirements of this code and the 5 Florida Building Code, as amended from time to time. 6 (7) Failure of the mortgagee and/or property owner of record to properly maintain the 7 property may result in a violation of this code and issuance of a citation or notice of 8 violation/notice of hearing by a City Code Compliance Officer. Pursuant to a finding and 9 determination by the City's Code Compliance Board, the City may take the necessary action 10 to ensure compliance with this section. 11 (k) Security requirements. 12 (1) Properties subject to this section shall be maintained in a secure manner so as not to 13 be accessible to unauthorized persons. 14 (2) A secure manner shall include, but not be limited to, the closure and locking of 15 windows, doors, gates and other openings of such size that may allow a child to access the 16 interior of the property and/or structure. Broken windows shall be secured by re-glazing. 17 (3) A local property management company shall be contracted to perform bi-weekly 18 inspections to verify compliance with the requirements of this section, and any other 19 applicable laws. 20 (4) The property shall be posted with the name and twenty-four(24) hour contact phone 21 number of the local property management company. The posting shall be no less than an 22 eight-inch-by-ten-inch sign. The posting shall contain the following language: 23 THIS PROPERTY IS MANAGED BY: 24 (Name of property management company) 25 TO REPORT PROBLEMS OR CONCERNS CALL: 26 (Telephone number of property management company) 27 The posting shall be placed on the interior of a window facing the street to the front of the 28 property so it is visible, or secured to the exterior of the building/structure facing the street to 29 the front of the property so it is visible, or if no such area exists, on a stake of sufficient size to 30 support the posting in a location as close as possible to the main door entrance of the property. 31 Exterior posting shall be constructed of and printed with weather-resistant materials. 32 (5) The local property management company shall inspect the property on a bi-weekly 33 basis to ensure that the property is in compliance with this section. Upon the request of the 34 City or its authorized representative, the local property management company shall provide a 35 copy of the inspection reports to the Code Compliance Department. 36 (6) Failure of the Mortgagee and/or property owner of record to properly maintain the 37 property may result in a violation of this code and issuance of a citation or notice of 38 violation/notice of hearing by a City Code Compliance Officer. Pursuant to a finding and 39 determination by the City's Code Compliance Board, the City may take the necessary action 40 to ensure compliance with this section. 41 (1) Opposing, obstructing enforcement officer;penalty. Whoever opposes, obstructs or 42 resists any City officer or any person authorized by the City in the discharge of duties as 43 provided in this section, shall, upon conviction, be punished as provided herein. 44 (m) Immunity of Code Compliance Officer. Any Code Compliance Officer, or any person 45 authorized by the City to act pursuant to the City's Code of Ordinances or state law, shall be C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\BDDA12D9-AB64-4E7A-AC3A- 31CF4BDBC33F\Boynton Beach.10738.1.Property_Registration(2)_-_Ordinance.doc 8 Page 616 of 665 I immune from prosecution, civil or criminal, for reasonable, good faith trespass upon Real 2 Property while in the discharge of duties imposed by this section. 3 (n) Additional authority. The City's Code Compliance Administrator, his/her designee, or 4 the City's authorized representative shall have authority to require the Mortgagee and/or 5 owner of record of any property affected by this section, to implement additional maintenance 6 and/or security measures, including but not limited to, securing any and all doors, windows or 7 other openings, employment of an on-site security guard, or other measures as may be 8 reasonably required to help prevent further decline of the property. 9 (o) Adoption of rules; expenditure of funds; declaration of municipal purpose. The City 10 Manager, consistent with his/her duties and authorities under the City Charter, including those 11 duties and authorities relating to emergency situations, is authorized and empowered to adopt 12 rules and regulations and expend City funds as may be reasonably necessary and available to 13 carry out the terms of this section, the expenditure of such funds being declared a proper 14 municipal purpose. 15 (p)Severability. It is hereby declared to be the intention of the City that the sections, 16 paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, 17 clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by 18 the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality 19 shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of 20 this ordinance. 21 22 Section 3. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions 23 in conflict herewith be and the same are hereby repealed to the extent of such conflict. 24 Section 4. If any clause, section, or other part or application of this Ordinance shall 25 be held by any court of competent jurisdiction to be unconstitutional or invalid, such 26 unconstitutional or invalid part or application shall be considered as eliminated and so not 27 affecting the validity of the remaining portions or applications remaining in full force and effect. 28 Section 5. This Ordinance shall become effective on passage. 29 C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\BDDA12D9-AB64-4E7A-AC3A- 31CF4BDBC33F\Boynton Beach.10738.1.Property_Registration(2)_-_Ordinance.doc 8 Page 617 of 665 I FIRST READING this day of 2018. 2 3 SECOND, FINAL READING AND PASSAGE this day of 4 2018. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 YES NO 9 Mayor— Steven B. Grant 10 11 Vice Mayor— Christina L. Romelus 12 13 Commissioner—Mack McCray 14 15 Commissioner—Justin Katz 16 17 Commissioner—Joe Casello 18 19 20 VOTE 21 ATTEST: 22 23 24 Judith A. Pyle, CMC 25 City Clerk 26 27 (Corporate Seal) CAAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\BDDA12D9-AB64-4E7A-AC3A- 31CF4BDBC33F\Boynton Beach.10738.1.Property_Registration(2)_-_Ordinance.doc 8 Page 618 of 665 12.C. LEGAL 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 REQUESTED ACTION BY COMMISSION: Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: GAIL JENKINS AND LEON I. JENKINS, Plaintiffs/Counter Defendant vs. CITY OF BOYNTON BEACH, Defendant/Counter Plaintiff vs. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., HOMECOMINGS FINANCIAL NETWORK INC and ALL OTHERS IT MAY CONCERN, Defendants— Case No. 50 2015 CA 000742XXXXXMD AH EXPLANATION OF REQUEST: The City Attorney, J ames Cherof, will be in attendance along with Assistant City Attorney Tracey DeCarlo, Lori LaVerriere, City Manager, a Court Reporter, the Mayor and City Commission. We will need appro)amately 45 minutes. The requested time and date of the private attorney-client session will be at the June 12, 2018 prior to the start of the CRA meeting on June 12, 2018 City Commission meeting. A Special meeting of the City Commission is needed to accommodate this timing. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? n/a FISCAL IMPACT: Budgeted ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 619 of 665 ATTACHMENTS: Type Description D Memo Memo Request Page 620 of 665 13.A. FUTURE AGENDA ITEMS 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 REQUESTED ACTION BY COMMISSION: Staff to review PBC Ordinance on Panhandlers- June 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 621 of 665 13.B. FUTURE AGENDA ITEMS 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 REQUESTED ACTION BY COMMISSION: Agreement for Textile Recycling Franchise Agreement with FLSC, LLC dba Florida Textile Recycling Program for an exclusive City-Wide program- June 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 622 of 665 13.C. FUTURE AGENDA ITEMS 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 REQUESTED ACTION BY COMMISSION: Staff to report on the possibility of the City beginning a Bike Share Program- June 19, 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 623 of 665 13.D. FUTURE AGENDA ITEMS 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 REQUESTED ACTION BY COMMISSION: Approve Gas Station Regulations (CDRV 18-002) - Amending the LAND DEVELOPMENT REGULATIONS (LDR), Chapter 3. Zoning, Article IV. Use Regulations, Section 3.D, Use Matrix and Notes to increase eligible locations for gas station siting in appropriate areas of the City. City initiated. - June 19, 2018 EXPLANATION OF REQUEST: This item represents the continuation of an evaluation of City's regulations on gas stations that occurred in 2015 and resulted in amendments to the Land Development Regulations (LDR) that reduced the magnitude of non-conforming gas stations in the City which was at 50%. This earlier project also identified two areas that were most void of gas stations which included a 3 1/2 mile segment of Congress Avenue extending south of Woolbright Road to Atlantic Avenue. Although the number of non-conforming gas stations was significantly reduced, and 13 intersections became eligible for gas station siting under the revise standards, most eligible properties are either developed or not zoned for gas station use. Further justifying the consideration for increasing possible locations for gas stations is the recent hurricane event, Hurricane Irma, which affected the State of Florida with Category 3 and Category 2 winds. Once again, the County experienced power outages, resulting in power loss to over 2 million homes and businesses in the tri-county area. It's noteworthy that prior to landfall of Hurricane Irma, nearly 50% of the gas stations in the Tampa-St. Petersburg area, and 65% of the stations in Miami and Ft. Lauderdale were out of fuel. Staff has continued the evaluation of the gas station regulations in light of these findings and conclusions, and in conjunction with the consideration of applications for a new Wawa Gas Station at the intersection of Woolbright Road and Congress Avenue. To accommodate additional stations within the City, with an emphasis on areas with high traffic counts nearest to evacuation routes, staff proposes the following amendments: 1) Eliminate the maximum number of stations per intersection standard at eligible intersections (per the existing regulations) that consist of an urban principal roadway. The roads classified as Urban Principal Arterial within the City are limited to Congress Avenue, Boynton Beach Boulevard east to I- 95, and 1-95 (See Exhibit"B"). This proposed amendment would affect four(4) intersections along Congress Avenue, and three intersections involving 1-95. However, as indicated above as a finding of the 2015 LDR evaluation, these intersections are built-out or zoned contrary to the required zoning for a gas station. Either sites must be redeveloped and/or rezoned to accommodate a new gas station. For example, the applications for the proposed Wawa gas station include the rezoning of the northeast corner of Woolbright Road and Congress Avenue. 2) Omit the minimum frontage requirement that applies solely to gas stations.Although initially this may only benefit one parcel, it does remove an inconsistency in the system as there are several gas stations that do not meet the minimum frontage requirement. Further, the current minimum lot size Page 624 of 665 standard of 30,000 square feet would remain making the frontage requirement unnecessary. Staff opines that parcel configuration should not delineate eligibility for a gas station, given the site, operational and engineering requirements, and design standards that ensure proper design through a performance standard approach rather than the conventional zoning standard. It is possible to find a parcel at an intersection that is shallow but long, which greatly exceeds the minimum area requirement yet is deficient in a minimum frontage dimension. Using the property targeted for a Wawa gas station as an example, the property is 3 times the minimum area standard for a gas station yet is approximately 30 feet short of the minimum frontage requirement on one side of the property. 3) Omit the minimum distance separation standard between a project driveway and the property line (e.g. 30 feet)which only applies to gas station uses. Technical site standards such as driveway separations and widths, parking space and drive isle dimensions, clear (safe) site triangles and site distance standards are included in the City's Engineering & Design Handbook. Staff finds that such a standard that is unique to a single commercial use and not supported by the above-described manual is not justified. Staff proposes these code amendments to increase possible gas station siting options at appropriate areas to increase service potential during periods of severe weather and power outage, as well as to eliminate some unwarranted site standards within the Land Development Regulations. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Business improvements and new construction will contribute to permit fees and related revenues. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: Page 625 of 665 13.E. FUTURE AGENDA ITEMS 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 REQUESTED ACTION BY COMMISSION: Approve Wawa Future Land Use Map Amendment& Rezoning (LUAR 18-001) to reclassify property from Office Commercial (OC) to Local Retail Commercial (LRC) and Rezone from C-1 Office Professional to C- 3, Community Commercial. Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. - June 19, 2018 EXPLANATION OF REQUEST: The 2.14-acre subject property consists of two parcels, one currently vacant and one developed with a single story, presently unoccupied office building. The applicant proposes this future land use (FLU) amendment and rezoning to redevelop the property with a 6,119 square foot Wawa store and gas station. The request for a major site plan modification is being processed concurrently, as are the staff-initiated applications for three amendments to the Land Development Regulations (LDRs), including one pertaining to the maximum number of gasoline stations at an intersection. The proposed LRC future land use and C-3 zoning will bring the north east corner of the Congress Avenue/ Woolbright Road intersection to consistency with the FLU and zoning of the three remaining corners where LRC and C-3 zoning already prevail, allowing development intensity which aligns with the high traffic volumes carried by both Congress Avenue and Woolbright Road. This intersection is less than a mile from the City's main commercial hub of the Congress Avenue corridor and the tentative boundary of the future "Congress Avenue District," the target of the next redevelopment plan. W hile focused on optimizing the District's economic potential, the plan will also impact the Congress Avenue/ Woolbright Road intersection. That area may redevelop into a secondary commercial activity node, serving residents of the surrounding neighborhoods who may prefer to avoid traffic and crowds further north. The proposed rezoning—which permits retail as well as office uses—would allow for intensification of the commercial development on the subject property in support of such a node. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No significant impact on either programs or services. FISCAL IMPACT: The project will contribute to the City's tax base. ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 626 of 665 CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 627 of 665 13.F. FUTURE AGENDA ITEMS 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 REQUESTED ACTION BY COMMISSION: Approve Wawa Gas Station Conditional Use and Major Site Plan Modification requests (COUS 18-001/MSPM 18-002) to construct a gas station to include a 6,119 square foot convenience store, a 7,830 square foot canopy over nine (9) pump stations, and related site improvements, located in a C-3 Community Commercial zoning district. Applicant: T. Austin Simmons, Brightwork Real Estate Inc., VP/Agent: Bonnie Miskel, Esq., of Dunay, Miskel and Backman, LLP. - June 19, 2018 EXPLANATION OF REQUEST: The 1.98-acre subject property consist of two parcels, one currently vacant and one developed with a single- story, presently unoccupied office building, formerly housing a branch of the PNC Bank which was merged with another facility nearby. The applicant proposes a future land use (FLU) amendment and rezoning to redevelop the property with a 6,119 square foot Wawa gas station with convenience store and restaurant. The request for the new site plan is being processed concurrently, as are the staff-initiated applications for three amendments to the Land Development Regulations (LDRs) regarding the maximum number of gasoline stations at an intersection, minimum parcel frontage, and the minimum separation required between a driveway and property line. The proposed use requires Conditional Use approval when within 200 linear feet of a single-family zoning district. The subject parcel is approximately 150 feet from a single family neighborhood to the north, across the L.W.D.D L-26 Canal. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No significant impact on either programs or services. FISCAL IMPACT: The project will contribute to the City's tax base and permit revenues and related fees. ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Page 628 of 665 Is this a grant? Grant Amount: Page 629 of 665 13.G. FUTURE AGENDA ITEMS 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 REQUESTED ACTION BY COMMISSION: Approve Dog Activity World Group Conditional Use request (COUS 18-002)for a Pet Care (Boarding and Daycare)facility in an existing 20,000 square foot tenant space, located in the Shoppes of Woolbright at the northeast corner of Woolbright Road and SW 8th Street, within the PCD (Planned Commercial Development) zoning district. Applicant: Hannah Wickins. - June 19, 2018 EXPLANATION OF REQUEST: Hannah W ickins, representing Dog Activity World Group- FL, LLC, is seeking conditional use approval for a proposed pet daycare business focusing on exercise, activities and training, with indoor boarding, and leased space for veterinary services and pet grooming, within an existing 20,000 square foot tenant space at the Shoppes of Woolbright. The Shoppes of Woolbright Planned Commercial Development shopping center encompasses approximately 32 acres at Woolbright Road and SW 8th Street, and includes Home Depot, Staples, Burger King, RaceTrac and Cracker Barrel, among several other tenants. The shopping center is part of the Woolbright Place development, which also includes the Planned Unit Development parcels immediately to the north, consisting of several residential developments, including The Vinings, Crystal Key and Aventine. The particular tenant space under consideration was previously occupied by The Picture Factory and then Bravo Supermarket. The applicant indicates the store will have a positive economic benefit to the surrounding areas and the City as a whole through job creation and an active business in the space. The applicant goes on further to indicate they would like to provide discounts for surrounding employees to bring their dogs to their location during the day when they go to work, and stop back by anytime during the day to check on their pets. The operator intends to hire seven (7)full-time employees immediately, with potential growth up to 10-12 full-time employees. Staff has reviewed the request and recommends approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Fees associated with permits for tenant build-out and certificate of use. ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 630 of 665 CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 631 of 665 13.H. FUTURE AGENDA ITEMS 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 REQUESTED ACTION BY COMMISSION: Approve Zoning Use Amendments (CDRV 18-003)Amending the Land Development Regulations, Chapter 1, Article II. Definitions, and Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes), to increase provisions for contractors offices, offices for civic/fraternal organizations, the sale of recreational boats and vehicles, diet and nutrition counseling services, cremation services, truck rental, and the sales of motor vehicles manufactured or assembled on-site. City initiated. - June 19, 2018 EXPLANATION OF REQUEST: Staff proposes a small group of amendments to the Terms and Definitions, the Zoning Use Matrix, and Matrix Notes of the City's Land Development Regulations (LDR) to promote business growth in the City. Whether realized over the past several years, or just recently, changes are deemed warranted to the use regulations as discovered through public inquiries or from staffs independent findings. The various amendment to the LDRs would establish zoning provisions for, and/or eliminate barriers to: 1) The sale of outdoor recreation merchandise including camping equipment, RV's and Boats; 2) Offices for civic and fraternal organizations; 3) Contractors offices; 4) Crematorium services; 5) District energy plants and other utility infrastructure intended to serve a specific area of the City such as a single project or multiple developments; 6) The rental of moving vehicles and equipment; 7) Diet and nutrition services; and 8) The sale of motor vehicles that are manufactured, assembled, or customized on-site as an accessory use. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: Page 632 of 665 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report and Proposed Amendments Page 633 of 665 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 18-035 TO: Chair and Members Planning & Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: May 18, 2016 RE: Approve Zoning Use Amendments (CDRV 18-003) Amending the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II. Definitions, and Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes), to increase provisions for contractors offices, civic/fraternal organizations, the sale of recreational boats and vehicles, diet and nutrition counseling services, cremation services, truck rental, and the sales of motor vehicles manufactured or assembled on-site. EXPLANATION & PROPOSED AMENDMENTS Staff proposes a small group of amendments to the Terms and Definitions, the Zoning Use Matrix, and Matrix Notes of the City's Land Development Regulations (LDR) intended to promote business growth in the City. Whether realized over the past several years, or just recently, changes are deemed warranted to the use regulations as discovered through public inquiries or from staffs independent findings. The proposed amendments are relatively simple and therefore have not involved significant analysis and documentation. These proposed amendments are described briefly below and within the marked-up excerpts from the LDR as provided in Exhibits "A" and"B": • Camping equipment, RVs and Boats — Staff proposes amendments to a definition for a use, and to the restrictions on the exterior storage of merchandise to accommodate the retailing of outdoor recreational merchandise. The zoning use labeled "Art, Book, Craft, Hobby, Music, Sporting Good, & Toy Store"is defined to include businesses that retail a host of products ranging from art supplies to toys. As part of the sporting goods group in the definition, staff proposes to include camping equipment, boats, trailers and recreational vehicles to clarify the range of goods allowed. Staff also proposes that the regulations on the permanent outdoor storage or display of merchandise be amended to accommodate such oversized items on-site without negatively affecting the site or abutting properties. • "CIVIC & FRATERNAL CLUB/ORGANIZATION"— This principally office use was possibly inadvertently excluded from the Planned Industrial Development District (PID) - 1 - Page 634 of 665 when previously identifying and amending the LDR regarding non-industrial uses within the City's industrial areas, namely the planned industrial parks or PIDs. Unlike the other PIDs in the City, the Quantum Park PID master plan contains parcels solely designated for office uses. Staff proposes that the Zoning Use Matrix be amended to add this use back to the PID District, for those parcels designated for such offices use, consistent with the regulating of other business offices. • "CONTRACTORS" The City's Zoning Regulations include definitions for "Contractor" and "Contractor's Workshop". While "Contractor's Shops" are defined to describe the different light industrial processes that a contractor would typically operate, including storage of materials and vehicles, the definition for "Contractor" only includes the different trades that make up the "Contractor" category but not the performance characteristics of the business operation. Staff on occasion has administratively interpreted this use to mean the business office for the Contractor; however, the Zoning Matrix does not allow the "Contractor" use within the C-1 (Office Professional) Zoning District. Staff proposes to separate the term/definition for "Contractor" into two separate terms/definitions to clarify and differentiate accordingly. The Zoning Matrix would also be amended to recognize the contractor's office use (under the "Office and Healthcare" Category), to be allowed in the office and commercial districts, as well as in the PID district. • Crematorium —The City's current Zoning Regulations only permits this aspect of funeral home services if accessory to a Funeral Home or Cemetery. Staff has received inquiries and requests for "stand alone" crematorium services, including for pets. The proposed amendments would add a term/definition for a "Crematorium", and provisions within the Zoning Matrix to accommodate said uses in the City's two industrial districts, M-1 and PID, Planned Industrial Development District. Related to past inquiries, staff also proposes the minor amendment to the definition for Funeral Home to include crematorium services for pets. • "ESSENTIAL SERVICES AND INFRASTRUCTURE" The current definition for this term is proposed to be expanded to include infrastructure that has a purpose of supporting a specific (rather limited) geographic area of the City such as a single project or multiple developments. This amendment would support, in part, the use of district energy plants (DEP) within the City including the planned facility at the Town Square project. Currently, such infrastructure would be defined along with the large, city-wide utility plants titled "Government, Municipal Utility/Support Facility", and would therefore be limited to the City's Public Usage zoning district. Given the purpose and size of a DEP, it is important and appropriate to allow such facilities within various zoning districts, in addition to the Public Usage zoning district. As indicated in the following excerpt from the Land Development Regulations (Chapter 3, Article IV, Section 3.13.9), "Essential Services and Infrastructure" are allowed in all zoning districts: "9. Essential Services and Infrastructure. Essential services and infrastructure as defined in Chapter 1, Article II are allowed in all zoning districts, contingent upon meeting all city codes and regulations. Additional regulations and standards, such as -2- Page 635 of 665 landscaping or other types of screening, may apply on a case-by-case basis as determined by the Director ofPlanning and Zoning. " • Rental of moving vehicles and equipment - In response to past inquiries about locations where moving trucks and related equipment can be rented, staff proposes to amend the definitions for `Packing & Shipping, Trucking and Moving", and "Storage, Self- Service" to allow the rental of said vehicles and equipment as accessory to these principal businesses. For user-friendliness, the Zoning Matrix would also be amended to include this accessory use. • "DIET AND NUTRITION CENTER" — This use is organized in the Zoning Matrix under the "Office and Healthcare" group, but is the only use in that group that is not allowed within the C-1, Office Professional zoning district. Staff proposes to amend the Matrix to allow this use within the C-1 district similar to how the matrix regulates doctors offices, counselors, real estate offices, banks and financial offices and general business and professional offices. • Sale of motor vehicles manufactured, assembled or customized on site — Although not common throughout the City, there are businesses that engage in the assembly and customizing of motor vehicles (including motorcycles). To support such business enterprises, staff proposes the simple amendments to the Zoning Matrix Notes to increase the sales provisions if accessory to the principal use including the manufacturing, assembling or customizing of motor vehicles. The regulations still prohibit the outdoor display of merchandise, for parking capacity and aesthetic reasons. However, most sales by such businesses are conducted using trade publications and the internet. CONCLUSION/RECOMMENDATION Staff proposed the subject amendments to the LDR to support business retention, attraction and expansion. Attachments S:APlanning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 18-003 Matrix&Notes Updates\Staff Report.doc - 3 - Page 636 of 665 EXHIBIT "A" PROPOSED AMENDMENTS CODE OF ORDINANCES PART IIL LDR, CH. 1,ART. IL DEFINITIONS: ART, BOOK, CRAFT, HOBBY, MUSIC, SPORTING GOOD, & TOY STORE - Establishments primarily engaged in the retail sale (including accessory repair service) of one or more of the following: 1) art for retail sale in art galleries; 2) new books or magazines; 3) craft and hobby items, including sewing machines and supplies, new fabrics, patterns, yarns, needlework and the like; 4) new compact and digital video disks, musical instruments, and sheet music; 5) sporting goods and supplies, including scuba equipment, bicycles, mopeds, and motor scooters (with engines not exceeding 150 cubic centimeters);, camping equipment, boats, trailers and recreational vehicles, or 6) toys. Any motorized moped or scooter with an engine in excess of 150 cubic centimeters is classified as a "motorcycle" and regulated as a NEW or USED "CIVIC & FRATERNAL CLUB/ORGANIZATION" - A registered association of persons for the promotion of some non-profit common objective, involving literature, science, politics, or community service, which meets periodically and is limited to members and guests. This use and/or establishment is primarily comprised of the office function of the organization suporting administrative and business affairs, document storage and maintenance, and meeting facilities for members and guests. CONTRACTOR - A contractor undertakes trades of a type that are specialized to assist in building construction and remodeling. This definition includes but is not limited to heating, air conditioning, plumbing, roofing, paving, underground, and landscaping. This establishment is limited to the office and administrative function of a Contractor. This would exclude the storing and operating of equipment and special purpose vehicles and/or trailers typically used in providing services by the contractor, and not commonly used for general transportation purposes on a day-to-day basis by employees. Such storage and operation is allowed at a Contractor's Workshop (See"Contractor's Workshop"). CONTRACTOR'S WORKSHOP– The functions of a Contractor establishment Ali efielese —oa f r including the housing and/or operating of machinery, the provision of services, the fabrication of building-related products, and interior storage. This may also include the administrative function of a Contractor. CREMATORIUM–An establishment containing properly installed, certified aparatus used in the act of cremation. ESSENTIAL SERVICES AND INFRASTRUCTURE - Services and infrastructure provided by governmental entity or public/private utility, such as underground, surface, or overhead electrical, gas, steam, water, sanitary sewage, and stormwater drainage structures, which are necessary for the health, safety, and general welfare of the public. This includes but is not necessarily limited to infrastructure and facilities intended to support a limited service area of the City such as lift stations, district energy plants, and power substations. This use excludes wireless communication facilities (WCF) as defined in the Land Development Regulations Chapter 3, Article V, Section 13. -4- Page 637 of 665 FUNERAL HOME - An establishment engaged in preparing the dead (including pets) for burial or interment and conducting funerals (i.e.,providing facilities for wakes, arranging transportation for the dead, selling caskets and related merchandise). This would include a crematorium as an allowable accessory use. PACKING & SHIPPING, TRUCKING, AND MOVING - An establishment primarily engaged in packing, crating, and otherwise preparing goods for transportation. These establishments provide over-the-road transportation of cargo using motor vehicles, such as trucks and tractor-trailers. Accessory to this use includes the rental of moving trucks, trailers and related equipment and accessories. STORAGE, SELF-SERVICE - An establishment engaged in the storage of personal property in facilities where individual owners control individual storage bays. This use includes both limited-access and multi-access facilities. Accessory to this use includes the retail sale of merchandise related to the packing, shipping/storing,toring, and moving of personal items, as well as the rental of moving vehicles, trailers and related accessories. CODE OF ORDINANCES PART IIL LDR, CH. 3,ART. IV., SECTS. 3.D: Matrix Footnotes No. 44 and No. 45: 44. Auto Dealer, (New &Used). a. C-4 district. Allowed only as a conditional use accessory to the repair or customizing of motor vehicles. No outdoor storage of vehicles, for sale shall be permitted. b. MU-L3 district and MU-H district. (1) General. Indoor storage/display only and shall not exceed ten thousand (10,000) square feet. This use excludes automotive, minor repair, and auto car/wash. Conditional use approval shall be required if all or a portion of the inventory is located within a parking garage/structure. (2) Access. Shall not be directly from any major roadway. (3) Storage. No outside storage of materials,parts, and vehicles. (4) Design. Pursuant to Chapter 4, Article 111, Section 3.A.7, overhead doors shall not be visible from any major roadway frontage. (5) Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on- site. c. M-1 district. Allowed only as a conditional use accessory to the repair, manufacturing, assembling or customizing of motor vehicles. No outdoor storage of vehicles for sale shall be permitted. d. PID district. This non-industrial use is allowed within the PID district as a conditional use. Also, within the Quantum Park PID such uses are limited to lots with an Industrial (I)use option or Industrial/R(with retail sales) option. Vehicle inventories must be stored/displayed indoors. A pre- existing business located on Quantum Park lots 77 through 80 is exempt from the requirements relative to conditional use approval, outdoor storage or display of vehicle inventories, and locating on lots with the "I" and"FRetail"use options. 45. Boat Dealer/Rental. a. C-3 District. Boat dealer/rental, as a principal use, shall exclude the repair or service of vessels on the premises. No outdoor storage of boats shall be permitted. - 5 - Page 638 of 665 b. C-4 District. Conditional use approval shall be required if merchandise is to be stored outdoors. Outdoor storage areas shall be adequately screened from abutting properties and rights- of-way, with the exception that a single merchandise item may be visible from abutting rights-of- way. The display must be in combination with project signage, and the setback, landscaping and design of this site feature shall minimize the visual impact on the adjacent roadway. If any vehicle use areas are not separated by an intervening building and visible from an arterial roadway, right-of-way landscaping shall be in accordance with the City's Urban Landscape Code except that the width shall be at least 10 feet, it shall include a berm, and enhanced with additional plants selected and maintenance to facilitate, varying growth heights to provide some screening of the space between the hedge material and tree canopies. The landscaping required to represent"adequate" screening, as well as the appropriate design of the merchandise display feature and right-of-way landscaping shall be determined as part of the conditional use review process. c. PCD District. Boat dealer/rental, as a principal use, shall exclude the repair or service of vessels on the premises. No outdoor storage of boats shall be permitted. Inventories must be stored/displayed indoors. d. MU-4 District and MU-H District. Boat dealer/rental is allowed as an accessory use to a marina but conditional use approval is required. No exterior loudspeakers or paging equipment shall be permitted on-site. Storage/display allowed only in wet docks or indoor not to exceed ten thousand(10,000) square feet. The sales,rental, service, repairs, and storage of marine trailers are prohibited. e. M-1 District. Allowed only as a conditional use accessory to the repair, manufacturing, assembling or customizing of boats. Outdoor storage areas shall be adequately screened from abutting properties and rights-of-way. f. PID District. Required conditional use approval. Also,within the Quantum Park PID such uses are limited to lots with an Industrial (I)use option or Industrial/R (with retail sales) option. Inventories must be stored/displayed indoors. CODE OF ORDINANCES PART IIL LDR, CH. 3,ART. V., SECTS. 5 & 8: Sec. 5. Exterior Display of Merchandise. A. Districts. The temporary exterior display of retail merchandise is allowed in all commercial and mixed use zoning districts. B. Type of Merchandise. The temporary exterior display of retail merchandise is allowed, provided that said merchandise is sold by the operator of the respective business occupying the establishment, and is of the same type of merchandise typically sold within the building. C. On-Site Location. The temporary exterior display of retail merchandise shall be completely contained within the boundaries of the subject property or leased parcel. Retail merchandise shall be displayed on hard surfaces only and if placed within walkways, shall not obstruct or impede pedestrian movement or cause noncompliance with ADA accessible route requirements. Merchandise shall not be placed within easements, landscaped areas, required off- street parking and vehicular use areas, rooftops, or anywhere that would create a hazard to the public. Any property owner desiring to display merchandise within off-street parking areas would need to obtain a special sales event permit in accordance with Section 6 below. D. Hours of Display. Retail merchandise shall be secured and stored inside a principal or accessory building at the close of business hours,unless said merchandise is placed on-site more than three hundred (300) feet from any arterial or collector street right-of-way and complies with the location criteria of paragraph C. above or approved as part of a special sales event, as described in Section 6 below. If abutting a local street, landscape buffering must meet or exceed - 6- Page 639 of 665 the minimum standards of Chapter 4, Article II to minimize any visual impacts upon abutting right-of-way or nearby properties. In these instances, merchandise may remain outdoors after business hours, contingent_ upon review and approval through the site plan modification process. E. Miscellaneous. 1. Live Plants. The exterior display of live plants in connection with a nursery, garden center, and farm supply establishment is exempt from the three hundred (300)-foot distance requirement of paragraph D. above and may remain outdoors after normal business hours provided that its placement complies with the location criteria of paragraph C. above. 2. Seasonal Sales Event. See Section 7 below for additional regulation regarding the seasonal sales event and the temporary exterior display of Christmas trees,pumpkins, and fireworks. 3. Permanent Exterior Storage of Merchandise and Equipment. See Section 8 below for the permanent exterior storage of retail merchandise or equipment. Sec. 8. Permanent Exterior Storage of Merchandise and Equipment. A. Purpose and Intent. The purpose and intent of these Regulations is to establish minimum requirements for the permanent exterior storage of retail merchandise or equipment, in order to discourage the exterior placement of said merchandise or equipment in an unsightly, distracting, cluttered, or hazardous manner. These Regulations shall not supersede, but rather supplement any specific regulations pertaining to the exterior storage of merchandise or equipment as a principal use. B. Districts. The permanent exterior storage of retail merchandise or equipment is allowed in the C-3, C-4, PCD, PID, and M-1 zoning districts. C. Site Plan Required. The area allocated for the permanent exterior storage of retail merchandise or equipment shall be shown on the site plan in accordance with Chapter 2, Article 11, Section 2.17. D. Type of Merchandise/Equipment. The permanent exterior storage of retail merchandise or equipment is allowed,provided that said merchandise/equipment is owned by the operator of the respective business occupying the establishment, and is of the same type of merchandise or equipment typically sold or stored within the principal building. No exterior storage of building or construction materials shall be allowed anywhere, except for that which is stored in connection with a lawfully operating business (e.g., CONTRACTOR) as provided for in Chanter 3, Article IV, Section 3. E. On-Site Location. Storage areas shall be completely contained within the boundaries of the subject property or leased parcel. The permanent exterior storage areas shall be placed behind the front or side corner building setbacks line where located in the C-3, C-4, and PID districts. This restriction shall also apply to properties located along arterial or collector roadways when located in the M-1 districts. I. Required Surface. In the C-3 and PID districts, the permanent exterior storage of retail merchandise or equipment shall be placed on improved and hard surfaces only, including vehicular use areas and excess off-street parking spaces. 2. Prohibitions. If placed within walkways, the permanent exterior storage areas shall not obstruct or impede pedestrian movement or cause noncompliance with ADA accessible route requirements. In addition, storage areas shall not: a. Be placed within required off-street parking spaces; b. Obstruct or impede vehicular movement; c. Cause noncompliance with any of the off-street parking or vehicular use area standards of Chapter 4; or - 7- Page 640 of 665 d. Abridge any easement rights without approval from the affected utility company or the city and shall not be located within landscaped areas, rooftops, or otherwise create a hazard to the public. F. Size. The area allocated to the permanent exterior storage of retail merchandise or equipment shall be restricted in size where properties are located within the following districts: 1. C-3 District. The size of the permanent outdoor storage area shall be limited to one percent (1%) of the gross floor area of the principal building(s)/leased space. An additional one percent(1%) of storage area(based upon the gross floor area of the leased space/principal building(s) may be granted, subject to the approval of an administrative adjustment. See Chapter 2, Article 11, Section 4.A. for the administrative adjustment process. 2. PCD District and PID District. The size of the permanent outdoor storage area shall be limited to fifteen percent(15%) of the gross floor area of the principal building(s)/leased space. G. Additional Screening. iii t�G-3, G^, atid PIP distf ets To further address potential aesthetic impacts, where determined necessary due to type of merchandise or magnitude of off- site visibility, the Planning & Zoning Director may require additional screeningibuffering_44e .,.lo.,,,.,tel„ set:eefiedv, evisible 4em A ah, ty e g t ofy,ay. This estt:ie ; to limit the visibility of said met:ehaadise et:e"ipaiefit fFeal abt4tifig 14ghts of A landscape barrier(in accordance with Chapter 4, Article 11, Section 3.B. and Section 3.C.) may be required ii all ;rst r where the outdoor storage area abuts an incompatible land use,—or zoning district, anal^r r g t of v,ay. - 8- Page 641 of 665 § \» \» \» \» rn � \ / � X m \ \ \ / \ ` \ \ a (D § = 2 \ / 7 en \ / / - � � « d � \) / coen § m �/ E\\ E� \ \» \ > \» \ rn � 2 2» 2g 2 2 2 2G 2 2k 2G � � m 2 \ � e &) , \ !3 e E »f IZ \ rn rn � m 2 2 & 2 2 Z 0 / - - 7 } , ; ) / ± __ § . \{ \\ )cZ > \ \> \ m � � m 2 , &! _ \ E _ \ } \ \ ` m � � m 2 7 2 2 2 z = « « 2 E /\ / )\ \ )=e. © } ) 0 N d 0 N d rn rn LLL LO co o h co o h co o\ 0.. U 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. co o\ o � � h o U (� 2 � G7 � 2 (p (6 o � co co co co co .. p o • T U �1-�i C b �� O � � � C 0.. a'Sa2 a ave a a° M'�= �aC7 o o F FU >rx 0.O U \ / m � x w / � m \ § : > _ _ _ _ _ _ _ _ _ _ _ ! \ \ 2 m © - / \ \ § 7 a E \ ) a : zi \ \ [ \ ® \{ )\ ) O N N gg�� 0.. 0..W 0.. 0.. 0.. rn r r � gg�� rn : N N I W a r a a LLJ h W W W 0.. 0.. 0.. .� 0.. 0.. 0.. 0.. 0.. N LO LL U LL LL LL LL LL LL � Q m Co P. � m (� G W W LL Q m Co P. P. m LL W a a r 0.. 0.. W W � U 0.. M � W U m LL W M � M � V y G CO > ro -a p '41 �0 c7o �D rn rn � m - 2 \ LD � ° n ] E ) \ zi Z rn rn � m « 3 } « 3 � } / 2 !& o ({ 7 )k k ) � rn � � m 2 / \ (� r (� ) . 2 E ) \a ) § a 5 / & & / ) / = 3/ 0 rn rn � m 2 ) \ (D ( 2 / G 2 \ \ _ ) \ ) \ ) \ EXHIBIT "C" ZONING MATRIX NOTES FOR REFERENCE (NO CHANGES PROPOSED) Zoning Matrix Note for"Storage, Self-Service" (reference only; no changes proposed) 13. General Note. This use is allowed, but it shall not be located on a lot that fronts on an arterial or collector roadway. Zoning Matrix Notes for"Contractor's Workshop" (reference only; no changes proposed) 23. General Note. This use is allowed on an arterial or collector roadway within the M-1 district provided that it has accessory comrnercial component to the operation. This establislunent will be required to meet the following criteria: a. Location. The accessory comrnercial component shall be located within a building situated on a lot that fronts on an arterial or collector roadway; and b. Interior. An indoor showroom of at least two hundred fifty(250)square feet for retail sales shall be required for establishments twenty-five thousand(25,000)square feet or less. An indoor showroom area of at least one percent(1%)of the gross floor area shall be required for establishments greater than twenty-five thousand(25,000) square feet. 29. General Note.This use is allowed within the PID,except on lots that have either a Governmental& Institutional(G&I)or Mixed Use(MU)land use option. 93. Contractor. a. Refuse. Dmnpsters and trash receptacles shall be screened from view of adjacent lots and streets. b. C-4 District. (1) Location. This use is allowed within the C-4 district but it shall not be located on a lot that fronts on an arterial roadway. (2) Use(s)Allowed. (a) Office and showroom only as a pennitted use. (b) Contractors'outdoor storage and workshop shall require conditional use approval if located within two hundred(200)feet of a residential zoning district. c. M-1 District. Contractors'outdoor storage and workshop shall require conditional use approval if located within two hundred(200)feet of a residential zoning district. - 9- Page 654 of 665 13.1. FUTURE AGENDA ITEMS 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 REQUESTED ACTION BY COMMISSION: Approve Municipal Services& Infrastructure Site Standards (CDRV 18-004)Amending the Land Development Regulations, Chapter 3, Zoning, Article 11. General Provisions, to exempt municipal emergency and support facilities, including essential services and infrastructure from certain building and site standards, facilitating the expeditious siting, design and construction of new and replacement of public improvements. - June 19, 2018 EXPLANATION OF REQUEST: To provide for the necessary flexibility in siting and replacing essential public infrastructure, and to ensure an expeditious processes when necessary, staff proposes amendments to the Land Development Regulations to exempt such public improvements from the basic site standards indicated in the Zoning Regulations, Chapter 3, Article 111, Zoning Districts and Overlays. Chapter. The standards from which such eligible public improvements would be exempt would include lot area, lot frontage, lot coverage, floor-area-ratio (FAR) and building setbacks. While it is important to provide flexibility in siting and site design to ensure the expeditious provision of public infrastructure, the proposed amendment would stress the review for achieving the intent of the Zoning Regulations as represented by the entire Land Development Regulations and generally summarized by Section 2. Scope of Article 1. Each project should be reviewed to prevent impacts upon other properties, maintain a safe environment and where applicable, further the City's vision and initiatives with respect to sustainability, capital improvements planning, comprehensive planning and redevelopment planning. The following new Section No. 11 is proposed for Chapter 3. Zoning, Article 1. Overview. "Section 11. Municipal Operations and Emergency Facilities, Essential Services and Support Infrastructure. Municipal projects including emergency facilities, essential services, and related infrastructure shall be exempt from certain development and site standards, which are limited to minimum lot area, minimum lot frontage, maximum lot coverage, maximum floor-area-ratio (FAR) and building setbacks. The purpose of this exemption is to provide for the necessary flexibility in siting, replacing and maintaining essential public services and infrastructure, and to ensure an expeditious processes when necessary. Exempt projects, shall be reviewed through the site plan review process for compliance with all other development standards including the intent of the Land Development Regulations. The review of all municipal projects should ensure that such improvements further the City's vision and initiatives with respect to sustainability, capital improvements planning, comprehensive planning and redevelopment planning. Eligibility also requires the subject project to be the principal use. on City-owned property. Municipal facilities and Essential Services and Infrastructure are defined within the Land Development Regulations, Chapter 1, Article 11. Definitions. Staff is recommending approval of the proposed code amendment to ensure the expeditious siting, site planning, and construction of municipal facilities and essential support services and infrastructure. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The LDR amendment is intended to maximize municipal service delivery through expeditious siting, approval and construction of new or replacement municipal facilities and infrastructure. FISCAL IMPACT: N/A Page 655 of 665 ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report and Proposed Amendments Page 656 of 665 ' DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 18-036 TO: Chair and Members Planning& Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: May 18, 2016 RE: Approve Municipal Services & Infrastructure Site Standards (CDRV 18-004) Amending the Land Development Regulations, Chapter 3, Zoning, Article 11. General Provisions, to exempt municipal emergency and support facilities, including essential services and infrastructure from certain building and site standards, facilitating the expeditious siting, design, construction or replacement of public improvements. EXPLANATION & PROPOSED AMENDMENTS To provide for the necessary flexibility in siting and replacing essential public infrastructure, and to ensure expeditious processes when necessary, staff proposes amendments to the Land Development Regulations (LDR) to exempt such public improvements from the basic site standards indicated in the Zoning Regulations, Chapter 3, Article III, Zoning Districts and Overlays. The standards from which such eligible public improvements would be exempt would include lot area, lot frontage, lot coverage, floor-area-ratio (FAR) and building setbacks. While it is important to provide flexibility in siting and site design to ensure the expeditious provision of public infrastructure, the proposed amendment would stress the review for achieving the intent of the Zoning Regulations as represented by the entire Land Development Regulations and, in part, summarized by Section 2. Scope of Article I. Each project should be reviewed to prevent impacts upon other properties, maintain a safe environment and where applicable, further the City's vision and initiatives with respect to sustainability, capital improvements planning, comprehensive planning and redevelopment planning. The following new Section No. 11 is proposed for Chapter 3. Zoning, Article I. Overview: "Section 11. Municipal Operations and Emergency Facilities, Essential Services and Support Infrastructure Municipal projects including emergency facilities, essential services, and related infrastructure shall be exempt from certain development and site standards, which are limited to minimum lot area, minimum lot frontage, maximum lot coverage, maximum floor-area-ratio (FAR) and building setbacks. The purpose of this exemption is to provide for the necessary flexibility in siting, replacing and maintaining essential public services and infrastructure, and to ensure an - 1 - Page 657 of 665 expeditious process when necessary. Exempt projects shall be reviewed through the site plan review process for compliance with all other development standards including the intent of the Land Development Regulations. The review of all municipal projects should ensure that such improvements further the City's vision and initiatives with respect to sustainability, capital improvements planning, comprehensive planning and redevelopment planning. Eligibility requires the subject project to be the principal use, and on City-owned property. Municipal facilities and Essential Services and Infrastructure are defined within the Land Development Regulations, Chapter 1, Article II. Definitions. CONCLUSION/RECOMENDATION Staff is recommending approval of the proposed code amendment to ensure the expeditious siting, site planning, and construction of municipal facilities and essential support services and infrastructure. Attachments S:APlanning\SHARED\WP\SPECPRO.ECODE REVIEW\CDRV 18-004 Public Infrastructure Site Standards\Staff Report.doc -2 - Page 658 of 665 13.J. FUTURE AGENDA ITEMS 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 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 659 of 665 13.K. FUTURE AGENDA ITEMS 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 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 660 of 665 13.L. FUTURE AGENDA ITEMS 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 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 661 of 665 13.M. FUTURE AGENDA ITEMS 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 REQUESTED ACTION BY COMMISSION: Discuss possibility of trolley service within the City - 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 662 of 665 13.N. FUTURE AGENDA ITEMS 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 REQUESTED ACTION BY COMMISSION: Commission wants to discuss public safety as it relates to the Town Square Redevelopment- 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 663 of 665 13.0. FUTURE AGENDA ITEMS 6/5/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/5/2018 REQUESTED ACTION BY COMMISSION: Announce Budget Workshop dates and times: 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: 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: CLIMATE ACTION: No Page 664 of 665 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 665 of 665